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02-5252
IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND coUNTy, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : Civil Term //4,<2oo m,boz w DrVORCE Defendant : NOTICE TO DEFEND AND CLAIM RIGHT,,; YOU I-IA VE 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 judgrnent 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, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TI-IE RIGHT TO CLAIM ANY OF TI-IEM. YOU SHOULD TAKE TillS 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 Ee ran demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se defienda, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO rNMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Car/isle, PA 17013 (717) 249-3166 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 r7~ O¢i~r~n, : IN THE COURT OF COMMON PLEAS OF Plaintiff i CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002- (Z) ~,ipD~ : CIVIL ACTION- LAW Defendant : : IN DIVORCE COMPLAINT UNDER ~3301(c) or (d) OF THE DI~.dORCE CODE 1. Plaintiffis _. ~/nJD~L(:( ~?'Tt'~9~gg~ ~ who currently resides at ~ ' ? C,d - - · a Cumberland County, Pennsylvania. 2. Defendant is . ~'C ~//q/~D ff. M/f)~)cc'-~ who currently resides at ~A / 07 5 .~ ,~,'X,b.,.o /?//~ iX, Cz?.:-_ 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on f ~) -- / ~ - ~5~ © at 5. The marriage is irreMevably broken, and the parties separated on There have been no prior actions of divorce or annulment between the parities. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiffhas been advised of the availability oicounseling and that Plaintiffmay have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiffrequests the Court to enter a Decree of Divor2e. Date I, ~ t'nLOA? ~/7 ?97/'~l?ZccT~ r¢~ , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I u~derstand that false statements made herein are subject to the penalties for unswom falsification to authorities as provided in 18 Pa. C.S. §4904. Date Plalntiff Assisted by: MIZ)PENN LEGAL SERVICES PRO SE DiVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 SOCIAL SECURITy INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITy NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY,S OFFICE DATE: DOCKET NUMBER: PLAINTIFF,/PETITIONER SS# ~__________~ NAME: ~ DEFENDANT/RESPONDENT SS #. NAME: ~ vii. Defendant : JP0gcsyir~: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 5,'~ 5'-~ : CIVIL ACTION - LAW : IN DIVORCE PETITION TO PROCEED IN FORMA PAUPER IS The Petitioner, ~/~JO/~L ~f D/j~),OL ~ ),~ , is the Plaintiff in this action. On her behalf, I, Joan Carey, attorney for MidPenn Legal Services, do hereby certify that the Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn Legal Services is assisting the Petitioner in filing a divorce casepro se. The Petitioner's Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner requests leave to proceed without payment of fees or costs. Respectfully submitted: ~n43arey, Atto~'-ney MidPenn Legal Services Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 Plaintiff · Defendants : IN THE COURT OF COMlvlON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO. CIVIL TERM : AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the tgfr~i^j~'~fin the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: 1 Address: Co) Social Security Number: If you are presently employed, state Employer: Address: ~ Salary or wages per month:~.~>~0, Type of work: kY,q, 7~cc3' 5 If you are presently unemployed, state Date of last employment: /f/q Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: f~f~ Other self-employment: ~Y ~ Interest: /Ii ~ Dividends: /~ ~ Pension and annuities: /¥ ~ Social Security benefits: Support payments: t%/ Disability payments: /k/ Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: ~f J: Other: /[/~f (d) Other contributions to household support (Wife)(I-Iusband) Name: If your (husband) (wife) is employed, state Employer: 2~/~ Salary or wages per month: Type of work: jqJ ~ Contributions from children: (e) Property owned Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Cost Stocks; bonds: Other: N fi (f) Debts and obligations Mortgage: fl/ /q Rent: )q] ~ Money ,xpenses Amount owed (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: //c~'//7'J/~/d ~'I/ ~J z~5 Age: m, ORt&~or,.~ /0 4. I understand that I have a continuing obligation to inform the court of !improvement in my financial circumstances which would permit me topay the costs incurred herein. 5. I varify 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 unswom falsification to authorities. Date: ,?,0 ~ .7 3 ~ 0o2 Lindalee R. Middleton : Plaintiff : . vs. : No. 02-5252 : Richard H. Middleton : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THEPROTHONOTARY: Kindly reinstate the Divorce Complaint in regards to the above-captioned matter. Date: C/Lihdalee R. Middle{o'n, PlaintiffPro Se Lindalee R. Middleton : Plaintiff : : Vs. : : Richard H. Middleton : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-5252 CIVIL TERM IN DIVORCE ACCEPTANCE AND ACKNOWL~'F SERVICE I, Richard H. Middleton, Defendant in the above captioned proceeding accept and acknowledge service of the Divorce Complaint and Affidavit Under §3301 (d) of the Divorce Code filed in this action by the Plaintiff, Lindalee R. Middleton. I also waive any defects in any form or manner of service. Date: ~'/0 ~t~ -~ Richard H. Middleton, Defendant Lindalee R. Middleton Plaintiff VS. Richard H. Middleton Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-5252 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(d) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form on February 4, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divome Code: by Plaintiff, N/A; by Defendant, N/A. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: January 27, 2003. (2) Date of filing and service of Plaintiff's Affidavit upon Defendant: Filing Date: February 7, 2003 Date of Service: February 4, 2003 4. Related claims pending: There are no outstanding claims. 5. Complete either paragraph (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: Mailed by regular first class mail on May 13, 2003 to Defendant at SCl-Albion, 10745 Route 18, Albion, PA 16475-0001. (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divome was filed with the Prothonotary: N/A. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A. Plaintiff's Social Security Number: 385-74-3269 Defendant's Social Security Number: 385-62-2236 MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Lindalee R. Middleton Plaintiff, VS. Richard H. Middleton Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5252 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO Ri:QUEST FNTRY OF DIVORCE DECREF TO: Richard H. Middleton, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter- affidavit to the §3301(d) affidavit. Therefore, on or after June 3, 2003, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the ceurt an answer with your signature notarized or vedfied or a counter-affidavit by the above date, the court can enter a final decree in ,divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a wdtten claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the dght to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER 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 Lindalee R. Middleton Plaintiff, VS. Richard H. Middleton Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5252 CIVIL TERM IN DIVORCE COWNTER-AFFIDAVIT I ~'qT)FR §330] ({t) CIF TI-IA DFv'ORCE 1. Check either (a) or (b): __ (a) I do not oppose the entry ora divorce decree. __ (b) I oppose the entry ora divorce decree because (Check (i), (ii) or both): __ (i) The parties to this action have not lived separate and apart for a period of at least two years. __ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): __ (a) I do not wish to make any claims for economic relief. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. __ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important fights. I understand that in addition to checking (b) above, I must also file ail of my economic claims with the prothonotary in writing and serve them on the other party. Ifl fail to do so before the date set forth on the notice of Intention to Request Divorce Decree, the divorce decree may be entered without fimhcr notice to me, and I shall be unable thereaf~cr to file any economic claims. I verify that the statements made in this counter-affidavit are trae 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. Date: Richard H. Middleton, DEFENDANT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. IN THE COURT Of COMMON PLEAS LINDALEE R. MIDDLETON VERSUS R~CHARD H. MIDDLETON Of CUMBERLAND COUNTY STATE OF .~ PENNA. NO. I)2-5252 DECREE iN DIVORCE AND NOW, yg~ / ~ DECReed thaT LINDALEE R. MIDDLETON AND RICHARD H. MIDDLETON , Z~:~ , IT IS ORDERED AND , PLAINTIFf, , DEFEN DANT~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; ALL CLAIMS HAVE BEEN RESOLVED. BY The COURT: PROTHONOTARY MARRIAGE SETTLEMENT AGREEMENT -t: THIS AGREEMENT made this A day of I I.. 1. Cr, , 2004, by and between MARILYN B. GARMAN (WIFE) and ASHLEY W. GARMAN (HUSBAND) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on January 2, 1982, in Mechanicsburg, Cumberland County, Pennsylvania. There were two (2) children born of this marriage: Jacob Garman (DOB 6/24/88) and Robert Garman (DOB 5/8/92). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if slJch grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which Ilave occurred or may occur subsequent to the date hereof. The parties acknowled~le that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 03-5252. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 2 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set fOlth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. 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. 7. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Charles Rector, Esquire. HUSBAND is proceeding pro se and has been advised that WIFE's counsel does not represl,nt his interests in this matter 3 and has advised HUSBAND to retain counsel of his choosing to review this Settlement Agreement in its' entirety prior to signing. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made a full and fair disclosure to the other of all of their marital assets, debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable. that it adequately provides for his or her needs and is in his or her best interests. and that the 4 Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited it, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the 5 parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her sole and separate property all items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: Each of the parties waives any right, title and interest in and to the vehicle(s) in the others possession and each shall be responsible for all costs arising from payment for and maintenance of the vehicle(s) in each of their possession and shall indemnify and save harmless the other from any such obligations. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be 6 delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be soleiy responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shali become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. DIVISION OF REAL ESTATE. It is acknowledged that the parties hereto are the former owners of certain parcel of real estate known a~d numbered as 8131 12'h Court, SE, Olympia, Washington, which property was sold during the marriage. The parties covenant and agree that any and ali proceeds derived from said sale shali be and become the sole property of HUSBAND, and WIFE hereby waives any and ali interest she may have in said proceeds. 15. CASH PAYMENT TO HUSBAND. In consideration of the distribution of the marital assets set forth in this Agreement, WIFE agrees to pay to HUSBAND, in one lump sum non-taxable equitable distribution payment, the sum of $627. Said payment shall be made directiy from WIFE to HUSBAND within seven (7) days of the date of execution of this Agreement. 7 16. PENSION PLAN DISTRIBUTION. Except as provided in this Paragraph, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Wife waives any and all interest she may have in HUSBAND's FERS Plan through the Federal Government. The parties further acknowledge that a portion of HUSBAND's Thrift Savings Plan with the Government is marital property. The parties agree, as of the date of execution of this Agreement, that said Thrift Savings Plan account shall be segregated pursuant to a Qualified Domestic Relations Order such that WIFE will receive the amount of $17,473.50 and HUSBAND shall retain the balance. At the time the account is distributed, WIFE shall receive the above stated portion plus all interest and appreciation in value with regard to that portion from the date of this Agreement to and including the date of distribution. The parties agree to cooperate with the execution of all necessary documents to effectuate the terms of this Paragraph, including a Qualified Domestic Relations Order and other documents necessary to insure WIFE's Survivor Beneficiary Designation of HUSBAND's VSI Benefit and her distribution share of HUSBAND's Thrift Savings Plan. Except that the partiE!S covenant and agree that HUSBAND and WIFE will take such steps as are necessary to award to and have paid 8 directly to WIFE one-half of the gross annual VSI payment to which HUSBAND is entitled through the Defense Financing and Account Se,rvice (DFAS). Each party shall be responsible for the taxes on their share of the payment. In the event DFAS will not pay WIFE's share directly to her, then HUSBAND shall pay one-half of the net amount ('- received to WIFE less an amount equal to one-half the taxes withheld.. HUSBAND shall provide proof of the taxes withheld with the payment to WIFE within fourteen (14) days of receipt of the payment by DFAS. 17. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. Except as provided in this Paragraph, the parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts. certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, 11e or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. Specifically, the parties agree that the United States Life Insurance Company Life Insurance Policy and the Army Air Force Mutual Aid Association Life Insurance 9 Policy, both of which currently ensure the life of HUSBAND, shall become the sole and exclusive property of HUSBAND including their respectlive cash values, and WIFE waives any and all such interest she may have in and to said policies. HUSBAND waives any and all right, title and interest he may have in and to the United States Life Insurance Company policy insuring the life of WIFE and the respective cash value which has accrued thereto and HUSBAND hereby covenants and agrees to facilitate the physical transfer of said policy to WIFE within seven (7) days of the date of execution of this Agreement. In addition, WIFE waives all right, title and interest she may have in HUSBAND's IRA account (No. 7065848022) maintained at State Street Bank & Trust Co. In consideration therefore, HUSBAND waives all right, title and interest he may have in and to the joint account (No. 7065848021) to WIFE, which account is maintained at State Street Bank and is otherwise known as the Fidelity Destiny Plan II account. 18. LIFE INSURANCE. HUSBAND agrees to maintain an individual life insurance policy insuring his life in the minimum amount of $100,000.00, until the parties' youngest child reaches age 18. WIFE shall be named as sole primary beneficiary. HUSBAND agrees to provide proof of insurance to WIFE from time to time or upon request. 19. CUSTODY. WIFE/MOTHER shall maintain primary custody of the minor children Jacob Garman (DOB 6/24/88) and Robert Garman (DOB 5/8/92). HUSBAND/FATHER shall be entitled to three (3) weeks each summer of temporary custody and shall provide WIFE/MOTHER notice, of at least sixty (60) days, of his requested time. In addition, HUSBAND/FATHER shall be entitled to custody of the children during one week of their 10 Christmas vacation. HUSBAND/FATHER shall also have the right, from time to time when visiting the area of their residence, to spend time with the children. The parties agree to modify this schedule from time to time to meet their schedules and the school/activity schedules of the children. 20. CHILD SUPPORT. Commencing the first month following execution of this Agreement, HUSBAND shall pay to WIFE the sum of $1 ,000.00 per month toward the maintenance and support of the parties' minor children. Jacob Garman (DOB 6/24/88) and Robert Garman (DOB 5/8/92). Said payments are to be made on or before the 10th day of each month. It is understood and agreed that said payments shall be adjusted upward or downward in accordance with substantial changes in the respective incomes of the parties and the needs of their children. The parties further stipulate and agree that following the eighteenth birthday of Jacob, said child support payments from HUSBAND to WIFE shall be reduced to $750.00 per month. HUSBAND further agrees to continue providing medical insurance coverage for the children so long as they remain eligible for such coverage under his policy(s) and HUSBAND further agrees to pay all routine medical and dental expenses which are not covered by insurance. The parties agree to share financial responsibility for any extraordinary medical and dental expenses which are not covered by insurance, their respective contributions to be determined within the frame- work of their then respective incomes. The term "extraordinary" as used in this paragraph shall include, but not be limited to, all teeth straightening, major dental work, operations, and services rendered as a result of a serious accident or serious illnesses which require hospitalization or extended medical care but shall not include routine II check ups, minor aliments, drug supplies (except if required in the treatment of a serious illness or injury), dental prophylaxis and the like. HUSBAND shall be entitled to claim Jacob as a dependency exemption for income tax purposes provided that HUSBAND shall be current in child support payments. WIFE agrees to execute IRS Form 8332 to effectuate the terms of this dependency exemption for the benefit of HUSBAND. 21. HEALTH INSURANCE COVERAGE FOIR WIFE. HUSBAND agrees to be solely responsible for payment of medical insurance coverage for WIFE under his current Plan of Insurance or a subsequent plan of comparable insurance for one (1) year following the date of execution of this Agreement or until WIFE has obtained full time employment with medical insurance benefits. Upon obtaining full time employment and securing medical insurance benefits, WIFE shall notify HUSBAND within seven (7) days of such employment and benefits coverage. 22. MARITAL DEBTS. The parties acknowledge that they have previoLlsly divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is 12 individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 23. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 24. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement. for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of obligations incurred by her. 25. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND 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. 13 26. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy consistent with 11 use 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination thl3 same as if this Agreement had never been entered into. 27. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 28. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14 29. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein, It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. 30. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES. MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 31, PERSONAL RIGHTS, HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. 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. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 32. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitClaim and forever discharge the other and the estate of such other, for all time to come, and for all 15 purposes whatsoever, from any and all rights, title and interest, or claims in or against the property (including income and gain from property h'3reafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, 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 tElstamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 16 33. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. MUTUAL COOPERATION. Each party shall. at any time and from time to time hereafter. take any and all steps and execute, acknowledge and deliver to the othElr party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 35. 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. 36. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 37. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 17 38. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. Th,e failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 39. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may 18 hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by tllis Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 40. SEVERABILITY 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the 19 paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations Df the parties. 41. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 42. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 20 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ,dLI;~C ~~ 15 od CLv-m... ~ Maril n B. G'ilrman . ~G~'/ 21 STATE OF ~..d4 COUNTY OF Xt-v'-, ;:'.<J~ C t..~ On this, the Ii day of oI/.Q~th ,2004, before me the undersigned officer, personally appeared Marilyn B. Garman 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 purposed therein contained. ( ( ( 55. IN WITNESS WHEREOF, I have hereunto set me hand and seal. .U~J-~ . r-' STATE OF WA1/t1'j J ~ COUNTY OF /..J0A--fk ( ( ( ''A' HERSHElP.FONT!NOT Notary Public. State of Flo<ida My comm. expires June 22. 200B No. 00 331557 SS. On this, the .;;1<; day of i;;,-r:::: L, ,2004. before me the undersigned officer, personally appeared Ashley W. Garman 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 purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. / 22 f_._ " C_' --- _.~ " MARILYN B. GARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-5252 CIVIL TEIRM ASHLEY W. GARMAN, Defendant CIVIL ACTION - LAW 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 a divorce: irretrievable breakdown undE!r Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail - acceoted October 14. 2003.. 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 the Plaintiff 11/09/04, by the Defendant 07/07/04. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim 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, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in !j3301 (c) Divorce was filed with the Prothonotary 11/15/04. Date Defendant's Waiver of Notice in !j3301(c) was filed with the Prothonotary 07/19/04. CJrvJ/l), ~zti?6/ Charles Rector, Esquire Attorney for the Plaintiff Date: 01/18/05 ,: --! (,,_.. -:-<'; c: