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HomeMy WebLinkAbout02-3369REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORRIE A. McCANN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. CIVIL ACTION -LAW KEITH E. McCANN, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 of 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 the 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 _Attorneys for Plaintiff LORRIE A. McCANN, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. : CIVIL ACTION -LAW KEITH E. McCANN, Defendant : IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se In avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambion ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est$ disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORRIE A. MCCANN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 a- 3 36q e4; u -7, KEITH E. McCANN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION i imf ) OR fDl OF THE DIVORCE CODE Plaintiff is Lorrie A. McCann, an adult individual who currently resides at 416 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Keith E. McCann, an adult individual who currently resides at 4032 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 27, 1978, in Camp Hill, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant were separated on October 1, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff avers that there are no children of this marriage under the age of eighteen years. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully Submitted, & ADLER, PC Date: I r C 2 By: VUU? Joanne arrison Clough, Esq Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Lorrie McCann, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1/ (0-/ J r?rAA ? W V V C o C= ti n ni r ? tD G LORRIE A. McCANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-3369 CIVIL ACTION KEITH E. McCANN, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, KEITH E. McCANN, defendant, verify that I hereby accept service of the Divorce Complaint on the date set forth here below. Date: 100 rn = -. -It P LORRIE A. McCANN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-3369 : CIVIL ACTION -LAW KEITH E. McCANN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true: and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1-2- -03 f rri A. McCann 't3 rY , Cb -17, LORRIE A. McCANN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-3369 : CIVIL ACTION --LAW KEITH E. McCANN, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: i - oZ - D Lo e A. McCann C _ E't'E ?Z CID {D cz? LORRIE A. McCANN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-3369 CIVIL ACTION -LAW KEITH E. McCANN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: K ith E. McCann Subscribed and sworn to before me this day of 2003. NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Public Camp Hill Boro, Cumberland County Notary Public My Commission Expires December 4, 2004 r ? r?J N Fri ul D LORRIE A. McCANN, V. KEITH E. McCANN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3369 : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 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. 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: Subscribed and sworn o before me this day of 2003 Notary Public i / ith E. McCann NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Public Camp Hill Boro, Cumberland County My Commission Expires December 4, 2004 C7 c?a ra fn LORRIE A. McCANN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-3369 CIVIL ACTION -LAW KEITH E. McCANN, Defendant 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 270' day of July, 2002, by signing an Acceptance of Service. Acceptance of Service was filed with the court July 30, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Lorrie A. McCAnn, Plaintiff, on January 2, 2003; by Keith E. McCann, Defendant, on February 7, 2003. 4. Related claims pending: Settled by Marital Settlement Agreement dated December 19, 2002. t Z = ?_ v -; Fri N:1UserAccounts\R&A Family Law\Client DirectorylMcCann LWarital Settlement Agreement #l.wpd October 8, 2002 -%,, bz-- 33(. 9 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2002, by and - bpj- , between LORRIE A. McCANN (hereinafter "WIFE") and KEITH E. McCANN, (hereinafter "HUSBAND"); WITNES S ETH: WHEREAS, the parties hereto were married on August 27, 1978, in Camp Hill, Pennsylvania; and separated on October 1, 2001; WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support, alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: N:1UserAccounts\R&A Family Law\Client Directory\McCann,L\Marital Settlement Agreement #l.wpd October 8, 2002 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire of Reager & Adler, PC. HUSBAND has been advised of his right to be represented by counsel and has elected to represent himself in the negotiations and execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. The parties further acknowledge that Wife shall file a divorce complaint with the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect Page 2 of 11 NAUserAccoimts\R&A Family Law\Client Directory\McCann LWarital Settlement Ageement #l.wpd October 8, 2002 to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widows or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional Page 3 of 11 NAUserAccounts\R&A Family Law\Client Directory\McCann,L\Marital Settlement Agreement #l.wpd October 8, 2002 release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 4032 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania. The parties agree that WIFE shall transfer any Page 4 of 11 N:1UserAccountslR&A Family LawlClient DirectorylMcCann LWarital Settlement Agreement #I.wpd October 8, 2002 and all right, title and interest she has in said property to HUSBAND. HUSBAND will have until May 2003 to refinance this property in his name only. WIFE agrees not to receive any monies for said property in consideration of HUSBAND waiving claim to WIFE's pension/ retirement Should HUSBAND fail to refinance said property by May 2003, said property shall go up for sale with the net proceeds being divided 50/50 between HUSBAND and WIFE. Husband and Wife agree that in consideration of the other promise set forth herein WIFE agrees to transfer any and all right, title and interest she has in said real property to HUSBAND upon HUSBAND's refinancing. HUSBAND specifically agrees to be solely responsible for all mortgage, taxes, maintenance and utility expenses for said property and HUSBAND further agrees to indemnify WIFE and hold her harmless in said obligations. WIFE shall execute a deed prepared by WIFE's attorney transferring her interest in said property to HUSBAND. 8. DEBTS. The parties agree that they have joint debts consisting of a Discover credit card, PNC credit card and PNC line of credit. The parties agree to equally split the balances of these debts. HUSBAND shall pay his portion of joint debts at the time of refinancing of the marital home. Once HUSBAND refinances the marital home and removes WIFE from mortgage, WIFE shall assume the remaining joint debt balances and redo joint debt in her sole name. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Page 5 of 11 N:\USerAccounts\R&A Family Law\Client DirectoryNcCann LWarital settlement Agreement #l.wpd October 8, 2002 WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits otherwise disclosed. WIFE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. PERSONAL PROPERTY. Page 6 of 11 N:\UserAccounts\R&A Family Law\Client Directory\McCann,UMazital Settlement Agreement #l.wpd October 8, 2002 Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. VEHICLES. HUSBAND is the owner of a 1989 Ford F150 truck. Husband and Wife specifically agree that WIFE shall transfer any and all right, title and interest she has in said vehicle to HUSBAND. HUSBAND agrees to be solely responsible for the vehicle and shall indemnify WIFE and hold her harmless in said obligation. The parties further acknowledge that WIFE has a company car. WIFE agrees to be solely responsible for the vehicle and shall indemnify HUSBAND and hold him harmless in said obligation. 13. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. Page 7 of 11 N:\UserAccounts\R&A Family Law\Client DirectoryWcCann LWarital Settlement Agreement # l.wpd October 8, 2002 The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the Page 8 of 11 MkUserAccounts\R&A Family LawlClient Directory\icCann LWarital Settlement Agreement #l.wpd October 8, 2002 obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. Page 9 of 11 N:\UserAccounts\R&A Family Law\Client DirectorylMcCann,L\Marital Settlement Agreement #l.wpd October 8, 2002 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. 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. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness qj k?, L wi es aa S f v Urri? A. )&.(011 Page 10 of 11 N:1UserAcc0unts\R&A Family Law\Client DirectoryWcCann LWarital Settlement Agreement #l.wpd October 8, 2002 COMMONWEALTH OF PENN YLVANIA COUNTY OF SS. On the day of &7 ,.- 2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Lorrie A. McCann, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF 10A- COUNTY OF Co "" /Q"d Public My Commission Expires: Notarial Seal Camp H N eoro, Cumberland Public County My Commission Expires Sept. 11, 2004 SS. Pennsylvania Assooiation of Notaries On the / / day of L r 2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Keith E. McCann, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Seed Deborah Camp Hill ll Bm Brenneman, Notary Public on ExpimJune IS zoos Notary Public tun , !,... o ApocidM Of Nohrwt My Commission Expires: Page 11 of 11 - ? 7,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STA.'TE OF PENNA. Lorrie A. McCann VERSUS Keith E. McCann N O. 02-3369 DECREE IN DIVORCE AND NOW, ?IT IS ORDERED AND -Gw? DECREED THAT Lorrie A. McCann PLAINTIFF, AND Keith E. McCann ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; w? The terms of the parties' Marital Settlement Agreement dated December 19, 2002 and attached hereto are incorporated herein bu"ot'-,Peed.,*erewith. BY THEi(jCOURT: ATTEST: ,1 1 J //PROTHONOTARY 14 E'o• LORRIE A. MCCANN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3369 CIVIL TERM KEITH E. McCANN, Defendant : IN LAW - DIVORCE MODIFICATION TO MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2009, by and between LORRIE A. McCANN, now known as LORRIE A. COPENHAVER, (hereinafter "WIFE'l and KEITH E. McCANN, (hereinafter "HUSBAND") WHEREAS, the parties to the above captioned action, Lorrie A. McCann, now known as Lorrie A. Copenhaver, and Keith E. McCann, entered into a MARITAL STEELEMENT AGREEMENT on December 19, 2002; and WHEREAS the December 19, 2002, the MARITAL SETTLEMENT AGREEMENT was incorporated but not merged into a DECREE IN DIVORCE which was entered on February 25, 2005; and WHEREAS paragraph 7. REAL PROPERTY, of the said agreement provides for the disposition of certain real property owned by the parties located at 4032 Cherokee Avenue, Camp Hill, PA 17011, which is located in lower Allen Township, Cumberland County, Pennsylvania; and WHEREAS the provisions of paragraph 7. REAL PROPERTY have not been fully executed as of this date, in that HUSBAND has not refinanced the property as of the required date of May, 2003; and 1 . 0- NOW THRERFORE, in consideration of the covenants and promises embodied in the December 19, 2002 MARITAL SETTLEMENT AGREMENMT, the parties agree to modify and clarify to the contents of paragraph 7. REAL PROPERTY, to enable the full and final resolution to the intent and purpose of said paragraph, and hereby agree as follows: 1. Husband has not refinanced the subject property as of the required date of May, 2003. 2. WIFE has not transferred her right title and interest in the property to HUSBAND due to his failure to refinance. 3. The provisions of paragraph 7. REAL PROPERTY states that "Should HUSBAND fail to refinance said property by May 2003, said property shall go up for sale with the net proceeds being divided 50/50 between Husband and WIFE." 4. It is the intent of the parties to enforce this provision whereby the property will be transferred to WIFE, and HUSBAND shall receive one- half of the net equity in the house. 5. The parties agree that one-half of the net equity in the house is Five Thousand Dollars ($5,000.00). 6. HUSBAND shall execute a deed to WIFE to transfer any right title and interest which he may have in said property. 7. WIFE shall pay to HUSBAND the sum of Five Thousand Dollars ($5,000.00) as his portion of the net equity of the property. 8. All other paragraphs, parts and portions of the December 19, 2002 MARITAL SETTLEMENT AGREEMENT shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals effective the day and date first written above. This Agreement is being executed in multiple original ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the 83`' day of , 2009, before me the undersigned officer appeared Keith E. McCan h, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Z14 Notary Public LOMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL WILLIAM L. GRUBB, Notary Public Lower Allen Twp., Cumberland County My Commission Expires Aug. 13, 2009 3 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the f/ day of # , 2009, before me the undersigned officer appeared Lorrie A. Copen aver, f.k.a. Lorrie A. McCann, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (? "Q,- , e- I Notary Public L,OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL WILLIAM L. GRUBB, Notary Public Lower Allen Twp., Cumberland County My Commission Expires Aug. 13, 2009 4 FILED-4DFFICE OF THEE PP,C)T t ,,N NARY 2009 SAY 1 E AM 11: 29 F °` "4"-, ?V, 'I