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HomeMy WebLinkAbout02-3316 STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002 - '331~ CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 717-249-3166 1-800-990-9108 STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW MARY E. KENNEDY, Defendant 2002-3316 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: I. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Mary E. Kennedy, on July 13, 2002, by certified, restricted delivery mail, addressed to her at 35 Parsonage Street, Newville, Pennsylvania 17241, with Return Receipt Number 7000 15300002 4693 5984. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn fulsification to ..thoriti". . /. 'e-- Date: July 16, 2002 (f~)!Hlf['M^I! "fit ~~ (DI)IIle"(11 f7 1./ n.r/I ")(, II /' '1]/ ( 'IV"! 1(1' tIOVld,'ri :z- ., Ir' 111 m Ir' .JI :z- Postmark H.... ru Return Receipt C (EndOl'llernent Requ C Reetrlcted Dellvely C (Endoreement Requl TolIII_ge & Feee C m ~ ent I) MS MARY E. KENN~I?.L.___.___._..._,......____._.___.....___.......... c ~rApt:N;':;o;~;;oBOi.No: C 35 PARSONAGE ST ~ <<ftmcl~4.;~-.-i-;;24~---"'''---''''----...---''-''--..........''---........ t. IIIcIe ~I..d 10: ' -. leltver to addressee ~ 3. s.Mce ~ III CerlIIIed M8II [J ..... M8II [J ...~. l..-ad lZRIUn ReceIpt for Melche.-", [J Inelnd MlIiI DIM'y? /&tnt Fee) i i ~Qoi 11530 10002 W493 .sPS4 If if" I. IIIcIeNJmM; ;, ;; i ,'" i...~.. ... ,.". 3t11. ...... ., ,DaIMIIe ........ ..... --11; 0 0 0 c: r0 -n ~. t- "'1JO:> s: ::1.1 rnfT' , Z:TJ -,"., I'll :::?~ L C" :~~~, fJ) -",' "<.L yr.= -0 -c -,"") ~C '_.J (~-; ~':~~ r"n bO N '-- ~ C.: ",,-t Z ""1-,.. '" ~ ~ {'-' AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002 - .J:J II. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the Plaintiff, Stephen B. Kennedy, by his attorney, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against defendant, Mary E. Kennedy, representing as follows: 1. The Plaintiff is Stephen B. Kennedy, an adult individual residing at 100 Gypsy Run Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Mary E. Kennedy, an adult individual residing at 35 Parsonage Street, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on April 29, 1984, in Newville, Pennsylvania and separated on April 22, 2001. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were two children born to this marriage. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Date: July 12, 2002 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ,yt~E~!;.~ Date:~ STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant IN DIVORCE 2002 - CIVIL TERM PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,((I {D z." I ~~E~!~ ~ ~ -;,J ~ ~ -"- ~ ........... ~ 0? :t\:::: . , ~ d ~~ ~ ~ 7"'<::- :::. ~, ~ J-- o C <::: ""U6'J rn r-; , z:-:n 2:(. uJ ),< -......- r.:::C) ;E:~) zc, "",0 ....c :z: ::;! ~ C) r"";l ,- (= ,- :) ~'n "j ,~ ~J '" -,...,,-1'1 ',0 i~ ~-40 "m ~ -n ;x w STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002-,3316 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 12,2002. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: { III I () 3 S~~g~ TEPHEN ~. (") c: 92 IT"; ~~- ~:c <?c >2 ~. ~ (=) (...) c....: ~~l (,'0 :.11 c::n ,....... ~~~~3 "0 =< STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ' CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002-3316 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/I ~ 03 o ~ -oct mn: 2.:.1.. eh:~ -< r- :..S ~( r.:; >r-:; ,0(.":" ::;! c.: 2~ o::r :' I '".;3 :0 -< :'-'1 ....J STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW MARY E. KENNEDY, Defendant 2002-3316 CNIL TERM IN DNORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposc~s and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify. that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~~ ~ EPH'iN B. NNE Date: \ I ( (I ().s o c i::: ""Oi.'u rnfl Z::t~ 05- r" ~- -r:. ',,", I~ ,; 6::C' )>s~ :;~ --, CJ <'-...\) (,~; :.~~ cn :.n (fl STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002-3316 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. nate, ~ /fez '0 9, .?aJ3 /J~UmLt/oIc/ RY E. KENN~Y c:.' (.,.) o c::. ~ g2~ "7' Ui) ~-' ,:~ ~ J,:...-~ _,r. - N ~-' ("') ,. !":.: ...;.... \ (',~2, . ~~, '..:~, ~}(1 - r~" :OJ. ......- - - ..;:> f-v STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002-3316 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: tLw6' cr, doze, ~~~~& Defendant g Cl CI <..) --r"l ->' c_ -:.".. -0 cr~ :D J nirf\ :z r- -;1'"-'<" ~ r.) :--rl 2:: c.. ~ en;..'-" - -, (~.> -z " - r::';"'- <'-- ;:1'> ., ~Tl :;; c~~ ::L ~-:~ (") ~:::;L; ;':"::::,In :;J;-C ~ -;;- ::;: ~ (.., ~ STEPHEN B. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW MARY E. KENNEDY, Defendant 2002-3316 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 2002. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. I Date: \JUf'\..t.la:.J 9/01(:03 1kag;trlU7ltfr4/ v RY E. KENNED o ~. -u ff' r1'i\ \', ZT 4r;- ':Q ~< r-;("' -~~:, L_ ~ o w (,.... "?" _.~ - i'-' o -n ~~ --- - - .,....,-' .~J<;i ",)~~.=.. r ,- " '0.::': '1\ "j ...\ :.s ....: .:.w MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made lhi, ~'d.y of A'Q'" t , 2002, by ""d betwoe" MARY E. KENNEDY, (hereinafter referred to as "WIFE") and S EPHEN B. KENNEDY, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on April 29, 1984, in Newville, Pennsylvania, and were separated on April 21, 2001. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing; (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and ofthe rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marrIage. 3 7. REAL ESTATE: There is no real estate owned by the parties. 8. SUPPORT: HUSBAND will not provide child support and spousal support to WIFE until the final divorce. Following the entry of the Divorce Decree, the parties will not pay any alimony to each other. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; and d. Any retirement account and employee benefits. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any Life Insurance Policies; and d. Any retirement or employee benefits. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and 4 description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: a. WIFE agrees to waive any and all interest which she may have in HUSBAND'S motor vehicles. WIFE retains title to the 1988 Oldsmobile automobile. b. HUSBAND agrees to waive any and all interest which he may have in WIFE'S motor vehicles. They each waive any claim which they have in any automobile owned by the other party. HUSBAND retains title to the 2001 Honda Civic and will hold WIFE harmless from all liability on the outstanding financing of said vehicle. 11. MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will refinance and payoff the joint VISA debt. HUSBAND will be solely responsible for his outstanding debts and agrees to hold WIFE harmless and indemnifies her for any debt incurred after the date of separation. It is hereby 5 understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated by others. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 14. INCOME TAX EXEMPTIONS: The parties agree that HUSBAND shall be entitled to use each year their children, Charity H. Kennedy and Douglas W. Kennedy as federal income tax exemptions. 6 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a [mal divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully 7 understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and 8 relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~ IZuv~/(ktU~SEAL) MARY E. NNEDY t 0n.)^_ {3,,~ (SEAL) ~N~KEN~ "0dc ' /J ~.c?_.-;L')-c ,-::t: Va/::~L- . 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE ME, this ~ day of ~/' , 20~, a Notary Public, in and for the Commonwealth of Pennsylvania and cobt~f Cumberland, MARY E. KENNEDY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Sally J. WInder, Notary Public Sh/ppensburg 1\vp" Cumberland County My Commission Expires Feb 13,2003 ------.---.- '&!1a~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 2002, PERSONALLY APPEARED BEFORE ME, !hi, ~ day of Atr t a Notary Public, in and for the Commonwealth of Pennsylvania d County of Cumberland, STEPHEN B. KENNEDY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement , and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .Ih/~ al Marcus A, McKnight.lII. Notary Public Cartisle Bora" Cumberland County My Commission Expires Oct, 10,2005 Member, PennsytvaniaAssociation Of Notaries 10 0 C) (-:1 ~,= t.,~ ,. " <:1 ,'T ":.- r""',1 ~ ~ ..~- ",,) ();; :==- - r'.', .r::;~ '...' > 2 ;,7 :..) '-,-': -'j (..:> =< -< STEPHEN B. KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY E. KENNEDY, Defendant 2002-3316 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Mary E. Kennedy, on July 13, 2002, by certified, restricted delivery mail, addressed to her at 35 Parsonage Street, Newville, Pennsylvania 17241, with Return Receipt Number 7000 1530 0002 4693 5984. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: January 11,2003; by defendant: January 9,2003. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 13, 2003. Date defendant's Waiver of Notice in Section Prothonotary: January 24,2003. -~t:- /7~/ ~ ~;TJu/ ~? 12- ~/~, rP ['{/.~e-/ ['v'YC -/