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HomeMy WebLinkAbout02-4979SCOTT H. VANCE, Plaintiff VS. LISA A. VANCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - AT LAW : 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AN2qlJLME~ 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 (717) 249-3166 SCOTT H. VANCE, Plaintiff VS. LISA A. VANCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. ~Oa4 ~ qqTg : CIVIL ACTION - AT LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintifl~ Scott H. Vance, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE 1. The Plaintiff; Scott H. Vance, is an adult individual who currently resides at 311 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Lisa A~ Vance, is an adult individual who currently resides at 311 West Main Street, Mecbanicsburg, Cumberland County, Pennsylvania 17055. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months mediately prior to the filing of this Complaint. 4. The parties were married on May 12, 2001, in Biding Springs, Pennsylvania~ 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff and has been advised that counseling is available and that the Plaintiff may have the fight to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled either solely or jointly between them, and enjoyed the increase in value of pre-marital property, all of which constitute a marital estate. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Date: ~helman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp I-rill, Pennsylvania 17011-4706 IDg 72655 Tel. (717) 763-1800 SCOTT H. VANCE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. LISA A. VANCE, Defendant : CIVIL ACTION - AT LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Signature: '"'~ SCOTT H. VANCE SCOTT H. VANCE, VS. LISA A. VANCE, Plaintiff Defendant : IN THE COURT (DF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4979-CIVIL : CIVIL ACTION-LAW : IN DIVORCE PETITION FOR SPECIAL I:tk':T.T%'F AND FOR INTERIM AT.TMONY COUNSEL FEES AND EXPENSES 1. The Petitioner is Lisa A. Vance, the Defendant in the above captioned matter. 2. The Respondent is Scott H. Vance, the Plaintiff in tile above captioned matter who filed a Complaint in Divorce on October 15, 2002, which Complaint includes a Claim for Equitable Distribution of Marital Property. 3. Concurrent with the filing of this Petition, the Petitioner has also filed a Claim of Rights with additional Counts for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses. 4. The Respondent is represented by an attorney, Matthew J. Eshelman, Esquire with whom Petitioner's counsel has been corresponding in preliminary attempts to resolve the divorce. 5. The Petitioner is a fun-time, third year, law student at Dickinson Law School, in addition to working part-time, and raising her 15 year old daughter by a previous marriage. 6. In correspondence with Respondent's counsel, the Petitioner's counsel indicated that while she was amenable to an amicable divorce settlern.ent, she did not want to be distracted from what is her last year in law school, and could not consider moving from the marital home as a condition of any divorce settlement until after she completes her studies. A copy of correspondence from counsel is attached hereto a~d made a patt hereof as Exhibit 7. This letter was precipitated by formal Notice to Quit, which the Plaintiff gave to the Defendant the day prior, in which he takes the untenable position that he is the Landlord of the home they purchased together, while she is a mere Tenant. A copy of the Notice is attached hereto as Exhibit "B". 8. The parties were married in May of 2001, while the home was purchased in January of 2002, after which Petitioner sold her pre-marital home and co-mingled the proceeds with marital assets. While the Marital home is titled in Respondent's name only, that was done as a matter of convenience, not design or intent, of the parties. 9. Despite counsel's correspondence and request contained therein, Respondent has taken it upon himself to attempt to drive Petitioner from the marital home, with such antics as: A. Turning off the heat, water and electricity in the home. B. Disconnecting the cable TV connection. C. Discontinuing the phone service to the house, which Petitioner needs for both her school and her employment. D. Continually harassing the Petitioner, by verbally abusing her and her daughter, in an attempt to make living conditions unbearable. 10. Petitioner does not have sufficient funds or access to funds to pay attorney's fees and to continue to support herself, especially if she is going to be required to reconnect utilities and pay for them in order to live in the marital home. 11. Petitioner cannot at the present time afford to move from the marital home despite the Respondent's tactics. 12. If the divorce is to proceed, Petitioner will require t~nds to obtain professional appraisals of the real estate and other marital assets. 13. Plaintiff works for United Airlines as a manager, arid has a yearly annual income of approximately $60,000.00, whereas the Defendant has a yearly annual income based on part-time employment of $20,000.00 WHEREFORE, the Petitioner requests this Honorable Court to schedule a heating, and thereafter, to: A. Enjoin the Plaintiff from attempting to remove the Petitioner and her daughter from the marital home; and B. Enjoin the Defendant from taking any actions, including turning off utilities, that makes the home unliveable; and/or in the alternative C. Order the Plaintiff to pay the Defendant interim ali:mony pendente//re; and D. Order the Plaintiff to pay the Defendant interim counsel fees and expenses; and E. Provide such further relief as this Court deems equitable and just. Respectfully submitted, PURCELL, KRUG & HALLER ~.~. ~2~9~5~1, Jr. 1719 North Front Street Harrisburg, PA 17102 234-4178 HOWARD B. KRUG LEON p. HALLER JOHN ~v~. PURCELL. JR. JILL M. ~X~'INEKA BRIAN d. TYLER NICHOLE M. STALEY O'GORMAN LAW OFFICES 1719 NORTH FRONT STREET 'i-IARRISB1JR.G. PENNSYLVANIA l?102-2392 TELEPHONE (717) 234-417~} FAX (.717) 233-1149 October 21, 2002 JOHN W.~URCELL VALERIE A. GUNN OF COUNSEL Matthew J. Eshelman, Esquire The Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Re: Scott H. Vance v. Lisa A. Vance Dear Mr. Eshelman: I have been asked by Lisa Vance to represent her in the divorce proceeding brought by her husband Scott. As you may or may not be aware, Lisa is in the middle of her third year of law school, and has a minor child she is responsible for who lives with the parties. Frankly, she is not interested in being diverted from her studies in her last year. While she does acknowledge that divorce is inevitable, unless this can be resolved quickly and amicably, and does not require her to move from her ho~ne until next year, we may have to postpone any resolution of this case. Additionally, Lisa tells me that her husband handed her a Notice to Quit the premises this morning. Apparently, he is under the impression that because his name is on the Deed, and not hers, that he has a right to evict her from the premises. I trust you have not given him that advice. Given the fact that he has already filed a Divorce Complaint asking for equitable distribution of property, ~md since the real estate was purchased during the parties' marriage, and the funds from the sale of her home have been intermingled with marital flmds, I believe she has a right to continue living there. If he persists in trying to evict her, we will file a l~.equest for Injunctive Relief in the Divorce to maintain the status quo, and ask your client to pay attorney's fees. I trust you will counsel your client to take a more prudent course of conduct. However, that should not stop you and I from discussing some sort of amicable settlement, a good way to begin that, would be for you to let me know what it is your EXHIBIT client thinks an equitable offer to settle the case would constitute. If your client has a proposed resolution, please let me know. Very truly yours, JWP,JR:cm c: Lisa Vance John W. Purcell, Jr. Name of Landlord: Name of Tenant: Date of Lease: Leased Premises: Date of Notice: Scott H. Vance Lisa A. Vance Tenancy at Sufferance with Right of Possession expiring October 15, 2002 311 West Main Street, Mechanicsburg, PA 17055 TO: Lisa A. Vance 311 West Main Street Mechanicsburg, PA 17055 YOU ARE HEREBY FORMALLY NOTIF][ED THAT YOUR RIGHT TO POSSESSION OF THE LEASED PREMISES DESCRH~ED ABOVE HAS EXPIRED OR BEEN TERMINATED. YOU NO LONGER HAVE ~ CONSENT OF THE LANDLORD TO REMAIN ON TIlE PREMISES. THIS HAS CREATED A LANDLORD-TENANT RELATIONSHIP KNOWN AS A TENANCY AT SUFFERANCE. AS A RESULT, YOU HAVE CERTAIN RIGHTS ~kND OBLIGATIONS UNDER ESTABLISltE~D STATUTORY PROCEDURES. THE TERM OF YOUR LEASE HAS EXPIRED. YOU MUST LEAVE THE LEASED PREMISES WITHIN FIFrEEN (15) DAYS FROM[ THE DATE OF SERVICE HEREOF. DEMAND IS LIKEWISE MADE FOR REASONABLE RENT FOR ANY PERIOD YOU REMAIN IN POSSESSION OF THE LEASED PRdEMISES SUBSEQUENT TO THE EXPIRATION OF YOUR RIGHT TO POSSESSION. IF YOU DO NOT LEAVE THE LEASED PREMISES AND GIVE POSSESSION OF TYIE LEASED PREMISES TO LANDLORD WITHIN FIFTEEN (15) DAYS, LANDLORD WILL BEGIN A LAWSUIT IN COURT TO HAVI: YOU REMOVED FROM THE LEASED PREMISES. SCOT~, H. VANCE Note: This notice to quit must be served by an adult individual upen the tenant personally, or by posting the notice on the front door of the dwelling unit at the leased premincs. First class or certified mail is not sufficient service. VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief and for Interim Alimony Pendente L/te, Counsel Fees and Expenses are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. L~sa A. Vance SCOTT H. VANCE, Plaintiff V. LISA A. VANCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4979 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of November, 2002, upon consideration of Defendant's Petition for Special Relief and for Interim Alimony Pendente Lite, Counsel Fees and Expenses, it is ordered and directed as follows: 1. A hearing is scheduled on Defendant's Petition for Special Relief for Monday, February 24, 2003, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Defendant's Petition for Interim Alimony Pendente Lite, Counsel Fees and Expenses is forwarded to the Domestic Relations Section, with instructions to schedule a conference in this matter. Matthew J. Eshelman, Esq. Attorney for Plaintiff John W. Purcell, Jr., Esq. Attorney for Defendant Rickie Shadday Domestic Relations Section :rc BY THE COURT, SCOTt H. VANCE, VS. LISA A. VANCE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : CIVIL ACTION-LAW : : NO. 02-4979 CIVIL TERM : PACSES CASE #762105105 PRAECIPE TO: DOMESTIC RELATIONS Please withdraw the Defendant's Claim for Interim Alimony Pendente Lite in the above captioned matter, without prejudice. Respectfully submitted, PURCELL, KRUG & HALLER By ~h~r~iree~ Harrisburg, PA 17102 (717) 234-4178 Date: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LISA A. VANCE ) Docket Number Plaintiff ) vs. ) PACSES Case Number SCOTT H. VANCE Defendant ) Other State ID Number 02-4979 CIVIL 762105105 ORDER AND NOW, to wit on this 28TH DAY OF ORDERED that the C) Complaim for Support or ALIMONY PENDENTE LITE filed on matter is dismissed without prejudice due to: PETITIONER WITHDRAWING JANUARY, 2003 IT IS HEREBY C) Petition to Modify or (~ Other ~2 / 17 / 02 in the above captioned HER REQUEST FOR ALIMONY PENDENDTE CONFERENCE. C) The Complaim or Petition may be reimtated upon written application of the plaintiff petitioner. xc: RJ Shadday plaintiff defendant John Purcell, Esquire Maria Coqnetti, Esquire BY THE COURT: '/ ,/ , ? esley OlerT-, ~rr. JUDGE Service Type M Form OE-506 Worker ID 210 0 5 CdlC AJ. NO, OO ~.~V!O[',]::l.i' :.3::! ', ::i .i. ~0 ~:l}i:!::O'- SCOTT H. VANCE, Plaintiff Ye LISA A. VANCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4979 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 6tn day of March, 2003, upon consideration of the attached letter from John W. Purcell, Jr., Esq., attorney for Defendant, the hearing previously scheduled in the above matter for February 24, 2003, is continued generally. COUNSEL ARE directed to contact the court if they desire a hearing in this matter. BY THE COURT, Matthew J. Eshelman, Esq. Attomey for Plaintiff John W. Purcell, Jr., Esq. Attomey for Defendant · _ b"'Z"'"~--r~ ( J,,)yVesley Oler(~i., .TC HOWARD B. KRUG LEON P. HALLER. JOHN W. PURCELL, JR.. JILL M~ WINEKA BR.IAN J. TYLER. NICHOLE M. STALEY O'GOR.MAN LAW OFFICES 1710 NORTH FRONT STREET HARRISBURG. pENNSYLVANIA 17102 TELEPHONE (717) 234-4178 FAX (717) 233-1149 HERSHEY (717] 533-3836 JOSEPH NISSLEY [IglO-IgE~:=') JOHN W. PURCELL VALERIE A. GUNN OF COUNSEL March 4, 2003 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Vance v. Vance No. 02-4979-Civi! Dear Judge Oler: Confirming my conversation with your secretary, counsel for both parties in the above matter have agreed to an overall settlement of the entire divorce, which includes the Petition for Special Relief that was previously scheduled for a hearing before you on February 24, 2003 at 1:30 p.m. For that reason, the hearing on the Petition should be continued generally, and upon completion of the divorce, we will withdraw the Petition. Thank you for your consideration. If you have any questions concerning this, please feel free to contact me. JWP,JR: cm C: Purcell, Jr. Maria P. Cognetti, Esquire Lisa Vance July I, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT H. VANCE, Plaintiff LISA A. VANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4979 CD/IL CIVIL ACTION' - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on October 18, 2002. The original signed return receipt, number 7000 1670 0005 2769 5986, is attached hereto and made a part hereof. Date: By: MICHELLE/Vi DEAL~ Notary City o/Harrisl~r~, ~)auo~lp (,~ I ~ CO~SS~On Expires Jul~ ~ Sworn to ~d subscribed before me this /~4 day 2003. Not~ Public MARIA P. COGNETTI & ASSOCIATES / MARIA ~. C(~ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 5l R~ By: (Print Name) C~nlfled In&ired [] COD B. Addr~ea~'s A,~-,i,m (On/y # requaeted PS Form; December 1994 10~59~-97-e+0179 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this J~'~ day of ___~~, 2003, by between Lisa A. Vance, hereinafter referred to as "Wife", and Scott H. ~Tance, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully ma~ied on May 12, 2001; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on May 18, 2003 and, are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the eaming~ and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Marie P. Cognetti, Esquire and Wife by her attorney, John W. Purcell, Jr., Esquire have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each parW at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or Se]paration and Pro~ert]r Settlement Agreement Page 2 deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawf~l~ess of the causes leading to their living apart. 2. Interference. E ach party shall be free frominterference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shail molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incu~ any debt or liability for which Husband or his estate might be responsible and shall inden~dfy and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: None In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be respensible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their maritai property in a manner which conforma to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Separation and Property- Settlement A~reement Page 3 the third marriage for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased eamincj power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medics'[, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard Of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 of same being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible persons'[ property presently in his or her possession, except as set forth in Exbibif A attached hereto, 'which items shall be distributed in accordance with Exhibit A, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit A. Wife shall remove all of her items listed in Exhibit "A' from the marital home on or before August 31, 2003. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit A attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or docuraents necessary to give effect to Separation and Pro:per~ Settlement A~reement Page 4 this paragraph. Property shallbe deemed to be in the possess:ion or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the par~y at the time cf~e signing of this Agreement and, inthe case of intangible personal property, if any physical or wri~en evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in ~e possession or control of the parW. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either par~y may have a vested or contingent right or intere~ at the ~irne of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate propen;y and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Wife shall transfer to Husband concurrent with the execution of this Agreement, all of her interest in and title to their jointly owned real estate at 311 West Main Street, Mechanicsburg, PA in exchange for which Husband agrees to be solely responsible for the mortgage obligation to ABM AMRO as well as for the payment of all current and future taxes, insurance and utility bills relative to said real estate. Husb~ad covenants and agrees to pay and discharge said obligations on said premises, and agrees to indemnify Wife from any loss by reason of his default in the payment thereof, and agrees to save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against her by virtue of his default. C. Cash Distribution. In consideration for all of the covenants contained in this Agreement, Husband shall pay to Wife the sum of $7,500.00 on or before July 1, 2003. Separation and Proper~ Settlement A~reement Pa~e ? representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, ~li~rtony, counsel fees, a]fruony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, p,ursuant to §3302 of the Divorce Code. 13. Waivers 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 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 properW or the estate of the other as a result of the marital relationship, including without limitation, dower, cu_rtesy, 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 any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to t~e, 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. 14. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each par~y against the other, despite their continuin!g marital status, shall terminate and be as if they were never married. 15. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as pa~ of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attomey. 16. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, ~l~ruony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Separation and Property Settlement A~reement Page ~ Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the 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 fu~her instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provis:ions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to he a separate and undisputed covenant and agreement. 19. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenar~ts and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken in.to consideration by the parties. Both parties hereby accept the provisions of this Agreement; with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and int:elligent~y waive and relinquish any right to seek a Court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. Separation and Property Settlement Aflreernent Pa~'e 9 20. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shah not be construed as a waiver of any subsequent default of the same or similar nature. 21. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future wittfin the Commonwealth of Pennsylvania, including but not limited to equitable distribution, aliruony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This .Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govem. o 22. 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, that it is being entered into voluntarily, with full knowledge of the assets of both parties, ~md that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial a/fairs of the other which has been requested by each of them or by their respective counsel. 23. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. Separation and Property Settlement Af~reement Page ~ 0 25. Reconciliation. Notwithstanding a reconciliation between the par~ies, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: Li~s~, k. Vance S~ott H. Vance HOUSEHOLD INVENTORY L= Lisa S=Scot~ Bedroom #1-Scott's S Queen Bed S Queen Mattress & Boxspring S 2 Bed Stands S 1 Lamp S Custom Dresser S Dresser Bedroom #2-Empty S Dresser L Sewing Machine & Cabinet L Vacuum Cleaner Front__U_pU stairs Hallwa...~ L Chiffarobe Bedroom #3-Lisa S Full Bed L Full Mattress & Boxspring L Desk L Television S Dresser S Blanket Chest L Cradle L Lamp L Michael Parks Print Bedroom g4-Laura L Full Bed S Full Mattress & Boxspring L Child's Rocking Chair L Desk L Grey Chair L Weights & Bench L Baker's Rack L Dresser L Wicker Bed Stand L Stereo Exhibit "A" HOUSEHOLD INVENTORY L= Lisa S=Scott Bedroom #1-Scott's S Queen Bed S Queen Mattress & Boxspring S 2 Bed Stands S 1 Lamp S Custom Dresser S Dresser Bedroom #2-Empty S Dresser L Sewing Machine & Cabinet L Vacuum Cleaner Front Upstairs Hallway L Chiffarobe Bedroom #3-Lisa S Full Bed L Full Mattress & Boxspring L Desk L Television S Dresser S Blanket Chest L Cradle L Lamp L Michael Parks Print Bedroom g4-Laura L Full Bed S Full Mattress & Boxspring L Child's Rocl~ing Chair L Desk L Grey Chair L Weights & Bgnch L Baker's Rack L Dresser L Wicker Bed Stand L Stereo Page 2 Back Upstairs Hallway S Black Drop Leaf Table & 2 Chairs Bedroom #5-Office L Desk S Desk L Green Office Chair L Grey Chair L File Cabinet L Computer & Printer L Phone Front Attic L Ladder S Compressor L Rocking Chair L Dresser L Futon Back Attic S Blue Ladder L ~ size Rope Bed L Green Stand L Dorm Frig. L Aquarium Stand Laundry Room L Washer L Dryer L Ironing Board & Iron Dining Room S Table & 6 Chairs L Sideboard S Plant Stand L Upright Piano & Bench S China Closet S Floor Rug Page 3 Center Lower Hallway L Child's Chair L Lamp S Floor Rug L Church Pew Back Porch L Wicker Fumiture L Bench L Pressure Treated Rocker L White Rocking Chair S Gas Grill Shed L Lawn Mower L Wheelbarrow L Various Lawn & garden Implements S Weedwacker Garage S Flatbed Trailer S Rocking Chair L Small Shop Vac S Large Shop Vac Living Room L Black Bench L Couch and Loveseat L Blanket Chest S Television Armoire L Rocking Chair S Desk S Chair L 2 Lamps S Desk Lamp L Monet Print L Dancing Bear Print S Television Page 4 Kitchen L L S L L L L L S S L Table & 4 Chairs 2 White Oak Chairs Wash Stand Lamp Baker's Rack Refrigerator Old Refrigerator Microwave Pot Rack Phone w/answering machine All Kitchen wares (with exception of coffee pot) Basement S Various Tools L Minor Tools (Sander, Drill, Jigsaw) 0 o SCOTT H. VANCE, Plaintiff VS. LISA A. VANCE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4979-CIVIL · CIVIL ACTION-LAW 'IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on October 15, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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· WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 understsnd that false ststements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~j~[ .Z// ,~ooL~ Lisa A~ Vance SCOTT H. VANCE, Plaintiff LISA A. VANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANI) COUNTY, PENNSYLVANIA : NO. 02-4979 CIVIL : CiVIL ACTION - LAW : 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divomed 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. SCOTT H. VANCE, Plaintiff SCOTT H. VANCE, Plaintiff LISA A. VANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4979 ClYV1L CIVIL ACTION - LAW IN DIVORCE unswom falsification to authorities. Date: AFFIDAVIT OF CONSENT' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 15, 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 a~er 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 SCOTT H. VANCE, Plaintiff MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT H. VANCE, Plaintiff LISA A. VANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4979 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORB TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on October 18, 2002 by certified mail, return receipt requested, receipt number 7000 1670 0005 2769 5986. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by SCOTT H. VANCE, Plaintiff, on August 31, ;>-003; by LISA A. VANCE, Defendant, on August 31, 2003. 4. Related claims pending: Settled by Agreement dated June 18, 2003. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice o£1ntention to File Pmecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date: September 2, 2003 By: MARIA P. COGNETTI & ASSOCIATES ARIA PtCO(t]SbETTI, ESQUIRE AttomeyI.D. No. ;27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF SCOTT H. VANCE, Plaintiff VERSUS LISA A. VANCE, Defendant PENNA. N O. 024979 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT SCOTT H. VANCE a N D LISA A. VANCE , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOI-LOW]NG CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAl, ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Property Settlement Agreement dated June 18, 2003, and attached hereto are incorporated herein but not merged herewith. By ThE COURT: [ -~- /PROTHONOTARY SCOTT H. VANCE, VS, LISA A. VANCE, Plaintiff Defendant : IN THE COURT' OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4979 CIVIL TERM : CIVIL ACTION-LAW :IN DIVORCE NOTICE OF ELECTION TO RETAKE MALDEN NAME NOTICE is hereby given that the Plaintiff in the above matter having been granted a final decree in divorce from the bonds of matrimony on the 15th day of September, 2003, hereby elects to retake and hereafter use her former name of Lisa A. Rynard and gives this written notice avowing her intentions in accordance with the provisions of the Act of May 25, 1933, P.L. 192, as amended. Li~a A..Var~ce '- to be known as: Dated LisJa A. Ryn~rd COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN On this, the day of ~ ..003, PERSONALLY appeared before me, a Notary Public, in and for said ~;ommonwealth and County, Lisa A. Vance, who, being duly sworn according to law, does depose and state that she is the person whose name is subscribed to the within document and acknowledges that she executed the foregoingINf°rWITNEsSthe purpOSewHEREOF,therein conta',..n~ ~---~l er~ set an ?/~)fficial~ 'l~p; Public ~-~'" ~ Notarial Seal ~ ! Bonita E. Prussack, Notary Publ c J City of Harrisburg, Dauphin County L_MY Commission Expires Sept. 26, 2005 Member, Pennsylvania Association of Notaries