Loading...
HomeMy WebLinkAbout07-05506 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOROTHY T. DeMARIO-ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. nT- s b h [vt1, CALVIN J. ADAMS, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 717 774-1445 DOROTHY T. DeMARIO-ADAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O'Z l,.t CALVIN J. ADAMS CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Dorothy T. DeMario-Adams, an adult individual residing at 4080 Regiment Blvd, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Calvin J. Adams, an adult individual residing at 4080 Regiment Blvd., Enola, Cumberland County, Pennsylvania 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on January 11, 2002 in Camp Hill, Cumberland County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on January 16, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 2 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. WHEREFORE, Plaintiff, Dorothy T. DeMario-Adams, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; 3 C. Equitably distributing the marital property; and D. Awarding other relief as the Court deems just and reasonable. Dated: January 25, 2007 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOROTHY T. DeMARIO-ADAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CALVIN J. ADAMS, Defendant : NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Dorothy T. DeMario-Adams, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated:,,S-- , 2007 i POROT T. De O- S Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 717 774-1445 DOROTHY T. DeMARIO-ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07- SS u CALVIN J. ADAMS, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: /?--? DOROT T. DeM1 ARIO- AMS p c a o CID _J -:rD I?u ra C-) f ^? na I V. DOROTHY T. DeMARIO-ADAMS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CALVIN J. ADAMS Defendant NO. 07-550 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ANSWER OF DEFENDANT. CALVIN J. ADAMS. TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Calvin J. Adams, by and through his attorney, Charles Rector, Esquire and files the following Answer to Plaintiff's Complaint in Divorce as follows: 1. through 9. Admitted. 10. No answer required. 11. Admitted. Count I - Divorce WHEREFORE, Defendant joins Plaintiff in requesting that your Honorable Court enter a decree in divorce in accordance with §3301 of the Pennsylvania Divorce Code. Count II - Equitable Distribution 12. No answer required. 13. Admitted. WHEREFORE, Defendant requests your Honorable Court to equitably divide the marital estate in accordance with the Pennsylvania Divorce Code. Count III - Support, Alimony Pendente Lite & Alimony 14. No answer required. 15. Denied. It is denied that Plaintiff requires support to adequately sustain herself to the standard of living established during the marriage and proof thereof is demanded and the same is deemed denied. WHEREFORE, Defendant respectfully requests your Honorable Court to deny Plaintiff s request for Support, Alimony and/or Alimony Pendente Lite. Respectfully. Submi ed: arles Rect r, wire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: a 7'/" ?? I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Calvin J. Adams Date: ae ,9°D 7 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the V day of February, 2007, I caused a true and correct copy of the within Defendant's Answer to Plaintiff s Complaint in Divorce to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 By:,. Charles Rec , Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: -? Y Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOROTHY T. DeMARIO-ADAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CALVIN J. ADAMS, Defendant : NO. 07 - 550 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8467 8661, Return Receipt Requested, on the above-named Defendant, Mr. Calvin J. Adams, on February 2, 2007 at Defendant's last known address: 4080 Regiment Boulevard, Enola, PA 17025. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: February 21, 2007 Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff CERTIFIED MAIL RECEIPT _o .D (Domestic . . CO For delivery information visit our website at www.usps.corrL?, ?O Postage $ 0.63 00711 rU a tii fig -? \ O Certified Fee J 0 O? P O Retum Receipt Fee (Endorsement Required) Here 3 i_I ResMcted Oellvery Fee -4 (EndorsementRequired)?.711 rLi r?n 13 (3;U' Total Postage & Fees ju i 11 1 ---' Sent To C3 a u 1'n ?rn S or PO Box No. -° ----- --- •....... -- --! [•!S._._.. -- ------------ C/ty State, ZIP+4 / i? ¦ Complete items 1.2. and 3. Also cmplete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the track of the mailptecs, or on the front If space permits. 1. NWe Mdreawd to: r? r . Cal ?1 ,0- C l' M? rJ- ISl Vj REST' IC vo?rtaa6 "JS Form . Agat 2. Nrt 2- nzj?Aftftd kde Ntxrtber 7004 289 X Me, ?.JF El Add e, Ijgogive flt?r?trtad rvemeJ C. Date of DWVWY D. Is delivery nddteoe diterrt tom Item 1? O Yea M YES. below; 0 No ?,aCti ?r 3 Swim 1%* - t" 0 Re?tered ? iieturtt t4acelpf fa Merc?rtdNs 0 Insured Mai 0 O.O.D. 4. R I InI I Dr kwo a9M?atoy lr1M D 0002 _&,467 8661 EXHIBIT "A" tv J-2 DOROTHY T. DeMARIO-ADAMS Plaintiff V. CALVIN J. ADAMS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2007. 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. 1 consent to the entry of a final decree in 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 SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. zz. -o- Pig ft e-0 D othy T. DWario-Adarni Date C3 ? C7 C C- r f L 1 n DOROTHY T. DeMARIO-ADAMS Plaintiff V. CALVIN J. ADAMS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2007. 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. 1 consent to the entry of a final decree in 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 SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Cal J. Adams Date: 5 0 d { _.. ??- : = ?'? ? :y-? f ny i ?? ? - .! /orb S? MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made thisO/ day of , 2007, by and between CALVIN J. ADAMS (HUSBAND) and DOROTHY T. DeMARIO-ADAMS (WIFE) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on January 11, 2002, in Camp Hill, PA. There were no children born of this marriage. 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 such 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 have occurred or may occur subsequent to the date hereof. The parties acknowledge 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 07-550. 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. 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. 2 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 forth 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 the parties by their respective counsel, Charles Rector, Esquire for HUSBAND, and Barbara Sumple-Sullivan, Esquire, for WIFE. The parties acknowledge that they have received independent legal advice from counsel of their selection and 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 3 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 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 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. 4 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. HUSBAND shall receive as his sole and separate property and WIFE waives all right, title and interest she may have in and to the following: 1. Gas powered leaf blower 2. Power washer 3. Office Furniture consisting of a desk, chair, filing cabinet and computer cabinet 4. 20 inch office TV 5. Wet/Dry Vac 6. CD Player 7. 3 Folding Tables w/ 6 folding chairs 8. Red Utility Wagon 9. Computer & Printer 10. Any other items mutually agreed upon Except for the items specifically identified herein, WIFE shall receive as her sole and separate property all remaining items of personal property in the home. HUSBAND waives all right, title and interest he may have in and to any items of personal property 5 or furnishings not specifically identified herein. 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: HUSBAND shall receive as his sole and separate property the 2003 Ford Taurus and shall be solely responsible for any and all loan payments and costs associated with this vehicle. HUSBAND shall indemnify and save WIFE harmless from any and all costs and/or loan payments associated with his vehicle. WIFE waives all right, title and interest she may have in said vehicle to HUSBAND. The parties acknowledge that WIFE's 1999 Ford Escort was owned by WIFE before their marriage and is therefore non-marital property. HUSBAND nonetheless waives any all right, title and interest he may have in said vehicle to WIFE. 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 6 the date of execution of this Agreement and said executed titles/assignments shall be 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 solely 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 shall 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 owners as tenants by the entirety of certain real estate known and numbered as 4080 Regiment Blvd., Enola, Cumberland County, Pennsylvania, 17025. The parties have obtained a fully executed Agreement of Sale for the property, which settlement is scheduled for Thursday, May 31, 2007. The parties shall cooperate at settlement to execute all necessary documents including the Deed to the marital home. The parties agree that WIFE shall receive one hundred (100%) percent of the net proceeds derived from the sale of said property at c? the time of settlement. The parties further agree to cooperate in advising the settlements ?I3 agent of this Agreement. HUSBAND specifically waives all right, title and interest he may have in and to any of said net proceeds to WIFE.. O-N Q 1/2 >ZO-a? C?1 oils A N W,6 a,,nA WaZ4e"a7 5%?yoo7 15. EACH PARTY RETAINS PENSION PLANS. 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. Specifically, WIFE waives all right, title and interest she may have in HUSBAND's Civil Service Retirement System (CSRS) Pension through the Federal Government, and also in HUSBAND's United States Military Pension Benefits. The parties agree to cooperate in executing any and all necessary documents to confirm this full and complete waiver by WIFE in HUSBAND's pension benefits, which documents will be made available in the future by HUSBAND directly to WIFE. 16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. WIFE shall receive as her sole and separate property the United States Savings Bonds with a present redeemed value of approximately $400.00. HUSBAND waives all right, title and interest he may have in and to said savings bonds to WIFE. The parties otherwise 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 s I' 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, he 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. 17. MARITAL DEBTS. HUSBAND shall assume sole responsibility for payment of the Members 1st Federal Credit Union Consolidation loan with a loan balance as of February 5, 2007, in the amount of $ 6,628; and two Members 1 st Visa accounts with a combined balance of approximately $2,236, as of February 5, 2007. HUSBAND shall indemnify and save WIFE harmless from payment of the above-referenced marital debts. The parties acknowledge that they have previously otherwise divided any other 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 individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 9 }3 18. 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. 19. 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. 20. 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. 21. 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 10 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. 22. 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. 23. 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. 24. 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. 1? ?}0 I 11 5??31 25. 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 purposes whatsoever, from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter 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 testamentary, 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. 12 26. 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. 27. 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 other 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. 28. 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. 29. 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. 30. 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. 13 31. 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. The 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. 32. 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 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: 14 • C?j?p3?y°o1 (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 this 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. 33. 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 any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15 b1aa?'? 34. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 35. EFFECT OF RECONCILIATION. The parties acknowledge and agree that this Agreement shall be binding and shall remain in full force and effect at all times hereafter, including any circumstances following their divorce which might result in their reconciliation, remarriage or cohabitation with one another. 36. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the 4zlv A" Calvin J. Ad s ?6rothy T. eMario- ams 16 day and year first above written. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ( SS. On this, the6day of , 2007, before me the undersigned officer, personally appeared Calvin J. Ada 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. IN WITNESS WHEREOF, I have hereunto set me hand and seal. NOTARIAL SVAI, TAMMY & FAUST, N" hMk ECjWk* d CM01 w Jdy S, 2111 STATE OF PENNSYLVANIA COUNTY OF CUMERLAND ( SS. A On this, the( day of , 2007, before me the undersigned officer, personally appeared Dorothy T. De ario Adams 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. j.re'Wd and seal. IN WITNESS WHEREOF, I have hereunto se NOTARIAL SEAL BARBARA SUMPLE-SULLIVAN Notary Public NEWCUMBERLAND BOROUGH CUMBERLAND COUNTY My Commission Expires Nov 15, 2007 17 nI'I ?.?..r ?T of may rv '??? {t, * Mtn ?? %OIL v F r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOROTHY T. DeMARIO-ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CALVIN J. ADAMS, Defendant To the Prothonotary: : NO. 07 - 550 : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail - Restricted Delivery on February 2, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: May 29, 2007; by Defendant: May 23, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated May 29, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 3 of the Agreement. 5. Date Plaintiff s Waiver of Notice in §3341(c) June 4, 2007. Date Defendant's Waiver of Notice Prothonotary: June 4, 2007. Dated: June 45 2007 was filed with Prothonotary: 1(c) Divorce was filed with Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOROTHY T. DeMARIO-ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 550 CALVIN J. ADAMS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue Camp Hill 17011 DATED: June 4, 2007 Bar ar?G"G 3umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff -T -f =- f IN THE COURT OF COMMON PLEAS DOROTHY T. DeMARIO-ADAMS, Plaintiff CALVIN J. ADAMS, Defendant DECREE IN DIVORCE OF CUMBERLAND COUNTY STATE OF PENNA. w No. 07 - 550 VERSUS AND NOW, !r 2007 IT IS ORDERED AND DECREED THAT DOROTHY T. DeMARIO-ADAMS , PLAINTIFF, CALVIN J. ADAMS AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOJ?L9 IN_ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ???v),k. All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated Mav 29, 2007 and incorporated, but not merged, .,},. 44- eo. Z-O ti 4' " Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOROTHY T. DeMARIO-ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff V. CALVIN J. ADAMS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 550 CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiff in the above-captioned matter, having been granted a final decree in divorce on the 12th day of June, 2007, hereby intends to resume and hereafter use the previous name of Dorothy T. DeMario and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704. _POROTP T: De"O-ADAMS TO BE KNOWN AS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .J 40ROT T. DeMARI : SS. On this, the 19th day of June, 2007 before me, a Notary Public, the undersigned officer, personally appeared Dorothy T. DeMario-Adams, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. WHEREOF, I hereunto set my hand and official seal. NO%RK SEAL BARBARA S &V E-SUMM N01M hift H (SEAL) CWNSOXAM corm COf1lRlli On EV*w Nair 15, 2007 My Commission Expires: ['?VVV v l \Y Aa. V 4 -'FS t CD 4