HomeMy WebLinkAbout97-04060
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
K~
STATEOF ~'i:~;'
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PENNA.
DI\ VID B. '1liCWlS,
Plaintiff
No.
97-4060
VERSUS
KRIsrINE A. now;,
[i
Defendant
DECREE IN
DIVORCE
AND NOW.
\JccC~~ 'It-.
, IT IS ORDERED AND
'27
_L_..____~
2000
DECREED THAT
DAVID..J3~~ _______________. PLAINTIFF,
AND
KRISTINE A. now;
_________. _ __ .___..____. DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIM0t-."
THE COURT RETAINS JURISDICTION OF PiE f 01 LOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECorT, ~N THIS ACTION F'()R WHICH A F"INAL ORDER HAS NOT
YET BEEN ENTERED: \j(il'\(,_
All claims between the parties have been resolved p.lI'Suant to the Marital
Settlement Agreement dated December 18, 2000, shilll he incorporated b.1t not
-_._--~._....._-- ..~--~-_.~._..._-----
rrerqed into this Divorce Decree.
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MARIT At SETTLEMENT AGREEMENT
THIS AGREEMENT, made this j%-J{, day o~ce,.~r ,2000, by and
between DAVID B. THOMAS, hereinafter referred to as "HUSBAND". and KRISTINE A.
THOMAS, hereinafter referred to as "WIFE".
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on April 14, 1984, in Harrisburg. Dauphin County, Pennsylvania;
WHEREAS. two (2) children were born of this marriage; Colin S. Thomas born
September 2.1988 and Meredith A. Thomas born February 13, 1992;
WHEREAS. it is the intention of the parties to settle fully and finally their respective
financial and property rights and obligations as between each other arising out of the marriage
relationship or otherwise. including without limitation (I) the settling of all matters between
them relating to the ownership of real and personal property; (2) the settling of all matters
between them relating to the past, present and future support and/or maintenance of HUSBAND
and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles
and interests, claims and possible claims in or against the estate of the other.
NOW THEREFORE. with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof in consideration of the foregoing recitals, the
mutual promises, covenants and undertakings hcrein set forth. and for good and valuable
consideration. receipt of which is hereby acknowledged by each of the parties hereto.
HUSBAND and WIFE. each intending to be legally bound hereby, covenant and agree as
follows:
I. ADVICE OF COUNSEL
HUSBAND and WIFE dcclare thatthcy have cach had a full and fair opportunity to
obtain independent legal advice of counsel of their selcction. HUSBAND has been
independently represented by Barbara Sumple-Sullivan, Esquire. WIFE is cognizant of her right
to legal representation and declares that she has been independently represented by Christopher
N. Menges. Esquire. Each party further declares that they are executing this Agreement freely
and voluntarily, having obtained such knowledge and disclosure of their legal rights and
obligations and that they acknowledge that this Agreement is fair and equitable and is not the
result of any fraud, coereion, duress, undue influence or collusion.
2. PERSONALlUGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control. restraint. interference or authority, direct or indirect. by the other in
all respects as if she or he were unmarried. except as may be necessary to carry out the
provisions of this Agreement. Each may reside at such place or places as she or he 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. This provision
shall not be taken, however. to be an admission on the part of either HUSBAND or WIFE of the
lawfulness of the causes which led to, or resulted in. the continuation of their living apart.
HUSBAND and WIFE shall not molest. harass. or malign the other or thc respective families of
each other, nor compel the other to cohabit or dwell in any maMer with him or her. nor in any
way interfere with the peaceful existence. separate from each other.
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3. DEBTS
Each party represents that they have not contracted any debt or liability for the other for
which the estate of the other party may be responsible or liable except as otherwise provided
herein, and that except only for the rights arising out of this Agreement, neither party will
hereafter incur any liability whatsoever for which the other party or the estate of the other party
will be liable. Each party agrees to indemnify and hold harmless from and against all future
obligations of every kind incurred by them, including those for necessities.
The only unresolved marital debt is due Eichelberger. If any claim is made for said debt,
each party shall pay one-half (112) of said amount. The parties acknowledge that, with the
exception of the Eichlberger's debt, referenced above, all marital debts were satisfied from the
proceeds of the sale of the marital real estate.
4. WAIVER OF APP<<AlSAl..A1"iD INVENTORY
The parties acknowledge and agree that they have each had an opportunity to value or
have appraised any and all marital property. and they do hereby waive a formal appraisal and
inventory of same. and no statement or representation by either party as to value shall be deemed
a misstatement or misrepresentation to the other or be deemed fraudulent.
5. MARlTAL.A.ND~O~\RI.IAL4-\SSErS
HUSBAND and WIFE do hereby acknowledge that. except as provided below, they have
heretofore divided the non-marital assets and marital assets including but without limitation,
jewelry. clothes, furniture, and other assets wherever situated whether real, personal or mixed,
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tangible or intangible; and HUSBAND agrccs that all assets in thc posscssion of WIFE shall be
thc sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of
HUSBAND shall be the sole and separate property of HUSBAND.
The parties agree that they shall divide the following personalty as follows:
a, Jewelry. If same can be found, the parties shall return their respective wedding
rings to each other. If WIFE can locate HUSBAND's blue onyx ring, she shall
return same to him.
b. Jon Crane Prints. The parties shall divide between themselves the two signed
and numbered limited edition prints by Jon Crane titled "Winter in Heartland"
and "Heartland Spring".
c. Four Photo Albums and Box Holder. The parties shall equally divide all family
pictures including those in the four (4) photo albums and box holder between
themselves. The parties each receive two of the photo albums and WIFE will
receive the box holder.
d. Misc. Persolll\lt)'. HUSBAND shall return to WIFE the following personalty:
I. A twelve place. 8 piece set of Onicda silverware;
2. A chest for the silver;
3. A Fenton art glass bowl;
4. A 12 quart T-Fal stock pot;
S. Enesco 18 quart electric roaster;
6. A brass holder and 8 hand made coasters;
7. A Sears Craftsman snow blower;
8. A 12 place setting of china dishcs (a pattern called Kristina);
9. II crystal bowls by Crystal darque;
10. 2 king sized blankets;
II. A glass cake plate and pitcher and glass bowl, relish dish (Early American
press cut by Anchor Hocking);
12. Etching titled "Sweet Smells" depicting a mother holding an infant in her
arms;
13. Salad set:
14. Tea Set;
IS. Blue electric lamp;
16. Stainless stccl butter dish;
17. Carnival candy dish;
18. If HUSBAND finds same in his possession. two antique lamps, one with a
retlector and one without; and
19. If HUSBAND finds same in his possession. diamond cut silverware.
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delay tiling the Praccipe to Transmit to the Court for the entry of the Divorce Dccrce until
December 18. 2000 so as to ensure that the Decree will be entered no later than December 31,
2000. In the event that WIFE secures employment which provides hcalth insurance at no cost to
her, the parties agree that the Divorce Decree shall be entered immediately. The parties agree
that in any event, the Divorce Decree shall be entered no later than December 31, 2000 and will
cooperate in securing same so as to allow each party the right to be divorced by year-end and for
tiling for single tax status.
Both parties hereto agree that this Agreement may be incorporated for purposes of
enforcement into a separate Court Order but shall not merge in such order in the Court of
Common Pleas of Cumberland County, Pennsylvania.
15. OTHEIUlOCllMENT A TlON
HUSBAND and WIFE covenant and agree that upon request of the other party, they will
forthwith execute and deliver to the other party. any and all written instruments, assignments,
releases, satisfactions. deeds, notes or such other writings as may be necessary or desirable for
the proper effcctuation of this Agreement.
16. l\IUT.J.1AL_\Y.Al\'ER.A."iltRELEASE.oE1UGllrS.AND.CLAI~IS IN
ESTATE
Each party hcreby relcases, waives and relinquishes any and all rights which hc or she
may now have. or may hereafter have. against the other party under the present or future laws of
any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to
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act as executor/rix or administrator/rix of the othef party's estate.
17. MUTUAL-RELEASE
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. of and from any and all rights. title and interests, 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 she or he 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
equitable distribution. dower or curtesy, or claims in the nature of dower or curtesy of 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 thc right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a survh'ing spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of
the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have
or at any time hereafter have for the past. present or future support or maintenance, alimony,
alimony pendente lite. counsel fees, costs or expenses, whether arising as a result of the marital
relation Of otherwise, eXCl.'PI. and only except, all rights and Agreerncnts and obligations of
whatsoever nature arising or which may arisc under this Agreement or for the breach of any
thcreof.
Each of the parties hereto further ,"'O\'CMnts and agrees for himself and herself and his or
her heirs, exC\.'Utors, administrators and ll.uigns, th3t he or she \\Ill ne\er. at any time hereafter.
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sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the other to be probatcd and allow
administration upon his or her personal, rcal or mixed estate and allow effects to be taken out by
the person or persons who would have been entitled to do so had HUSBAND or WIFE died
during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any
and all right to act as executor or executrix or administrator or administratrix of the other's
estate.
It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Marital Settlement Agreement a full, complete and general releasc 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 cxcept all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof.
18, SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwisc provided hercin, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assigns.
19. SEY.ERAJllun:
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid. void. or unenforceable, the remaining provisions shall ncvcrthe1ess continue in full foree
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and effect without being impaired or invalidated in any way.
20. ENIlRE.AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all
of the representations, promises and Agreements made by either of them to the other for the
purposes set forth in the preamble hereinabove; that there are no claims, promises or
representations not herein contained, either oral or written, which shall or may be charged or
enforeed or enforeeable unless reduced to writing and signed by both of the parties hereto.
21. BINDING EFFECT OF AGREEMENT/WAIVER
This Agreement shall remain in full foree 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 the provisions of this Agreement shaH not be construed as a waiver of any
subsequent default of the same or similar nature, nor shaH such failure be construed as a waiver
of any other term, condition, clause or provision of this Agreement.
22. BREACH
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as may be anilable to him or her. and the party breaching this contract shall be responsible
for payment of reasonable legal fees :IIId costs incurred by the other in enforeing their rights
under this Agreement.
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DA VID B. THOMAS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
; CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 97 - 4060
KRISTINE A. THOMAS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDi\. VIT OE..C~Nf
1. A Complaint in Divorec under Section 3301(c) of the Divoree Code was filed on
July 25,1997.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of divoree after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divoree is granted.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: ~ Lt.. I ~ I Z o\r"t'
b~~-(, r:J5 4t..~1
DAVID B, THOMAS
DA VID B. THOMAS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
: NO. 97 - 4060
v.
KRISTINE A. THOMAS.
Defendant
: CIVIL ACTION - LAW
: IN DiVORCE
WAlYERO.E.NOTlCE_OEINTENTlON3:0_REQUEST
El'fIln'_OEA..DIYORCEDECREEJlNDER
~JJOl(c)OF..l'HE .IllYORCE_CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divoree is granted.
3. I understand that I will not be divoreed until a divoree decree is entered by the
Court and that a copy ofthe decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
DATE: t1 trt.J__.J.~I~ ct' U
M~ Q. jlUJ... ~
KRISTINE A. THOMAS
'*
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Master
Trecl Jo Colver
OIfice ManagertReporter
West Shore
697.0371 Ext. 6535
July 20, 1999
Barbara Sumple-Sullivan
Attorney at Law
549 Bridge street
New Cumberland, PA 17070
RE: David B. Thomas vs. Kristine A. Thomas
No. 97 - 4060 civil
In Divorce
Kristine A. Thomas
403 A Water street
New Cumberland, PA 17070
Dear Ms. Sumple-Sullivan and Ms. Thomas:
By order of Court of President Judge George E. Hoffer
dated July 8, 1999, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on July 25, 1997, raising
grounds for divorce of irretrievable breakdown of the marriage
and the economic claims of equitable distribution and counsel
fees and expenses. No claim for alimony has been raised,
The motion for appointment of Master indicates that Mr.
Andes is attorney for the Defendant; however, Mr. Andes has not
entered his appearance in this action but I am sending a
courtesy copy of this letter to him.
I am going to proceed on the assumption that grounds for
divorce are not an issue and that the parties will either sign
affidavits of consent or have been separated for a period in
excess of two years, Based on that assumption, I am directing
each counsel in accordance with P.R.C.P. 1920,33(b) to file a
pretrial statement on or before, Friday, August 27, 1999, If
Ms. Thomas is unrepresented she is required to file a pretrial
statement on her own behalf. Upon receipt of the pre-trial
statements, I will immediately schedule a prehearing conference
,
-
MENGES GENT &. McLAUGHUN
AfT(lR.'lEYS AT LA'&'
14~ E t.W\KET STREET
Yon. I'ENssnVASlA 1l4l)1
mn 841.804<<1
CERTIflED TO BE A TRUE AND CORRECT COPY
BY
IIlT'f()fItNI:'f '011
.-.-.-...--..-.........----. . ._-_.._--~.._-
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C.
StocksIBonds
I. PP&L - children
wI W as custodian
$ 91.23 1/2/98 none
-Colin -3.816 shares@ $23.906 each
$ 47.81 112198 none
-Medith - 2 shares @ $23.906 each
$ 275.00 1/00 irtherited
(5 shares @ approx. $55.00 each)
none
none
2. Sib 3R1 Bank W
none
D. RetirementlPension
1. HighmarkIBlue Shield H $ 17,685.38 511/97 none
2. HighmarklBlue Shield W $ 4,108.00 8/99 $1,108.00 (tx)
-8/99 cashed in value of approx. $3,000.00 - used for living expenses for family
3. National Guard PensionH $ 281.83/mo ? $111.60/mo. none
E.
Personalty
H&W $
- to be divided
UI. L1ablUtltes In cbart form
L1abllltv Whose Name Value as of DOS Value Now Marital?
A. Dauphin Deposit Bank $1,894.75 $ 0.00 yes
B. Dauphin Deposit VISA $ 481.00 $ 0.00 yes
C. Sears $ 330.00 $ 0.00 yes
D. AT&T MasterCard $ 504.60 $ 0.00 yes
E. Septic Repair $ 300.00 $ 0.00 yes
F. Dishwasher Home
Maintenance Agreement $ 50.00 $ 0.00 yes
G. Eichelberger's -well repair in 1997 $ 500.00 $ yes
-all values are as of DOS are amounts paid by from proceeds of the marital residence
-. all values are as given by Husband. To date, Wife's counsel has received no documentation
of same.
IV. Name aDd Address of Exoert WltDesses:
A. Defendant reserves the right to identitY any expert witnesses closer to trial, so long
as reasonable notice is given to Plaintiff and Plaintirrs counsel.
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II, PERTINENT PROCEDURAL IIISTORY
7/25197
7/07/99
Divorce action commenced.
Husband appointed the Master for the outstanding claims. Hc also filed his
3301(d) Affidavit, along with a Pctition for Bifurcation.
An Order was entered scheduling a hearing for bifurcation before the
Honorable Edgar B. Bayley on August 19, 1999 at 8:45 A.M.
Husband requested that the Bifurcation hearing be continued generally in the
hopes of resolving all mailers before the Divorce Master.
7/12/99
8113199
III. INVENTORY & APPRAISAL
The marital estate is as follows:
Tolal Marital Estate:
Assets:
Proceetls from Sale of Marital Real Estate divided
1991 Chevy Lumina (Wife drives) $ 8,300.00
1983 Chevy Celebrity (Husband drove) 000
Accounts minimal
Personalty to be divided
PP&L Stocks (Wife) Unknown
Other Stocks (Wife) Unknown
HighmarklPA Blue Shield Retirement Plan - Husband 17,685.38
HighmarklPA Blue Shield Retirement Plan - Wife Unknown
Marital Portion of National Guard Pension $111.60 per month
Total Marital Assets $25,985.38
plus stocks, HighmarklPA Blue Shield Pension (Wife) and Nallonal Guard Pension
Liabilities:
Dauphin Deposit Bank (payments by Mr Thomas)
Dauphin Deposit VISA (payments by Mr Thomas)
Sears (payments by Mr. Thomas)
AT&T MasterCard (payments by Mr. Thomas)
Seplic Repair (paid by Mr. Thomas)
Dishwasher Home Maintenance Agreement (paid by Mr Thomas)
Eichelberger's (status unknown)
Total Liabilities
$1,89475
48100
330.00
504.60
300.00
50.00
500 00
$4,060,35
NelMarilal Estate $21,925,03
plus stO(ks, IlighmarWPA Blue Shield Pension (Wife) and Nalional Guard Pension
~% of Nel [slate $10,962.52
plus S1O(ks, IlixhmartJPA Blue Shield Pension (Wife) and National Guard Pension
DAVID B. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
KRISTINE A. THOMAS,
Defendant
NO. 97-4060
CERTIFICATE OF SERVICE
I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that on this date, I served a true and
correct copy of the foregoing PRE-TRIAL STATEMENT, in the above-captioned matter upon the
foUowing individual(s) by first class mail, postage prepaid, addressed as follows:
Ms. Kristine A. Thomas
1716 Glenside Drive
Harrisburg. PA 1710
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland. PA 17070-1931
(717) 774-1445
Supreme Court [D. No. 32317
DATED: August2J-:-I999
,
t
(717) 737.2033.
.. ....
. ... ..' ,., ...~
JAMES M. BACH
ATTORNEY AND COUNSELOR AT LAW
352 SOUTH SPORTING HILL ROAD
MECHANICSBURG, PENNA 17Oll5
....
.
.
,
't
JAMES M. BACH (717) 737.2033
A~~~~~~~E~:t~ ~b~w /iJ)'
MECHANICSBURG. PENNA 17055 \~UL 31 1997
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DAVID U. THOMAS
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: 97 -4060 CIVIL TERM
KRISTINE A, THOMAS
DEFENDANT
: CUSTODY OF MINOR CHILDREN
COMPI.AINT FOR CUSTODY OF MINOR CHILDREN
NO NOW comes the Plaintiff DAVID B. THOMAS, by his Attorney, JAMES M. BACH,
who states the following cause of action:
1. The Plaintiff herein is DAVID B. THOMAS, an adult individual residing at 103
Bunker Hill Road, New Cumberland, Pennsylvania 17070.
2. The Defendant herein is KRISTINE A. THOMAS, an adult individual residing at -403
A Water Street, New Cumberland, Pennsylvania, 17070.
3. The Plaintiff seeks partial custody of the following children:
NAME
PRESENT RESIDENCE
DA TF. OF BIRTH
Colin S. Thomas
Meredith A. Thomas
-403A Water St., New Cumberland, PA
-403A Water St., New Cumberland, PA
9/2/88
2/13/92
The children are presently in the custody of Defendant at her residence as indicated in
Paragraph 2, above.
The children were born in wedlock
4. During the last five years or more, the children resided with the Plaintiff and tilt
Defendant at 103 Bunker Hill Road, New Cumberland, PA 17070
2
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Motion to Appoint a Master on the outstanding claims.
6. Petitioner was laid off from his employment on February 26, 1999 and is presently
paying for COBRA coverage for the entire family in the amount of $470.49 per
month.
7. Respondent voluntarily quit her employment in 1998.
8. The marital residence has been sold and the proceeds were equally divided between
the parties.
9. The balance of the estate is minimal and consists primarily ofa vehicle. personalty,
stocks and retirement benefits in Respondent's possession and Petitioner's retirement
benefits.
10. Petition has provided Respondent with documentation of his retirement benefits.
11. The only outstanding documentation required is the nature and value of Respondent's
stock holdings and the nature and extent of her retirement benefits
12 Petitioner avers that Respondent "ill not be prejudiced by the bifurcation of the
divorce action from further proceedings regardilllJ resolution of all disputes
concemilllJ the economic claims
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to take them to the church they currently attend. unless the parties
otherwise agree.
B. Every Wednesday evening from 4:30 p.m. until 8:00 p.m,
3. The parties shall alternate the major holidays. those holidays being
defined as Thanksgiving. Easter. Memorial Day. Fourth of July and Labor Day.
These periods of partial custody and visitation shall occur from 9:00 a.m. until
7:00 p.m, This alternating holiday schedule shall begin with Father having
Thanksgiving in 1997.
4. The parties understand that the holiday schedule shall take precedence
over all other schedules.
5. The Christmas holiday \\;11 be broken into two segments. Segment A
shall be from Christmas Eve at 9:00 a.m. until Christmas Day at 12:00 noon;
Segment B shall be from Christmas Day at 12:00 noon until December 26th at
5:00 p.m. Mother shall have Segment A in 1997 and all odd-numbered years
thereafter and Segment B in 1998 and all even-numbered years thereafter, Father
shall have Segment A in 1998 and all even-numbered years thereafter and
Segment B in 1997 and all odd-numbered years thereafter.
6. During the childrtn's Christmas \'acation. Father shall be entitled to
three work days with the children which shall not include any of the other
previously scheduled times, These periods ma)' be o\.cmight.
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c.
Stocks/Bonds
1. PP&L - children
wI W as custodian
$ 91.23 1/2/98 none
-Colin -3,816 shares@ $23,906 each
$ 47,81 1/2/98 none
-Medith - 2 shares @ $23.906 each
$ 27S.oo 1100 inherited
(S shares @ approx. $SS,OO each)
none
none
2. S'h 3n1 Bank W
none
D. RetirementlPension
I. HighmarklBlue Shield H $ 17.68S.38 S/I/97 none
2. HighmarklBlue Shield W $ 4.108,00 8/99 $1.108,00 (tx)
-8/99 cashed in value of appro x, $3,000.00 - used for living expenses for family
3. National Guard PensionH $ 281.83/mo ? $1 I 1.60/mo. none
E.
Personalty
H&W $
- to be divided
III. Llabllitltes In chart form
Liability Wbose Name Value as of DOS Value Now Marital?
A. Dauphin Deposit Bank $I,894,7S $ 0.00 yes
B. Dauphin Deposit VISA $ 481.00 $ 0.00 yes
C. Sears $ 330.00 $ 0,00 yes
D. AT&T MasterCard $ S04,6O S 0.00 yes
E. Septic Repair S 300,00 S 0,00 yes
F. Dishwasher Home
Maintenance Agreement $ SO.oo $ 0,00 yes
G. Eichelberger's -well repair in 1997 $ SOO.OO $ yes
-all values are as of DOS are amounts paid by from proceeds of the marital residence
-- all values are as given by Husband. To date, Wife's counsel has received no documentation
of same.
IV. Name and Address of Exocrt Witnesses:
A. Defendant reserves the right to identify any expert witnesses closer to trial, so long
as reasonable notice is given to Plaintiff and Plaintilrs counsel,
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I, PP&L - children
wi W as custodian
S 91.23 1/2/98 none
.Colin -3.816 shares@ 523,906 each
S 47.81 1/2/98 none
-Medith - 2 shares @ S23,906 each
$ 275.00 1/00 inherited
(5 shares @ approx. S55,OO each)
none
none
2, 5"h 3n1 Bank W
none
D. RetirementlPension
I, HighmarkIBlue Shield H S 17,685.38 5/1/97 none
2, HighmarklBlue Shield W 5 4,108.00 8/99 SI,108.00 (Ix)
-8/99 cashed in value of approx. S3,OOO.00 - used for living expenses for family
3. National Guard PensionH S 28\.83/mo ? SII1.60/mo, none
E.
Severence Pay
H
521,206.40 pd. 3/99
all
none
F. Personalty H&W S
. to be divided between the parties as per the panies agreement
- NOTE: H is receiving substantially more of the valuable items than W
III. Llabilltiles In chart form
L1abilit\' Whose Name Value as of DOS Value Now Marital?
A. Dauphin Deposit Bank SI,89U5 S 0.00 yes
B. Dauphin Deposit VISA S 48\.00 5 0.00 yes
C. Sears S 330.00 S 0.00 yes
0, AT&T MasterCard S 504.60 S 0.00 yes
E. Septic Repair S 300.00 S 0.00 yes
F. Dishwasher Home
Maintenance Agreement S 50.00 S 0.00 yes
G. Eichelberger's-well repair in 1997 S 500.00 S yes
-all values are as of DOS are amounts paid by from proceeds of the marital residence
.. all values are as given by Husband. To date, Wife's counsel has reccived no documentation
of same,
IV, Name and Address of EXDert Witnesses:
A. Defcndant reserves the right to idcntify any expcn witnesses closer to trial, so long
as reasonable notice is given to PlaintitT and Plaintiff's counscl.
.
Name. Address and Short SummarY of the Testlmon\' of othcr Wltncsscs:
I. Kristine A, Thomas. Dcfendalll
2, David B. Thomas. Plaintiff. as on cross
3. Janet Blackner Hess. girlfriend of husband, as to their affair
Address: 517 Susan Road. Camp Hill. PA 17011
4. Elise Geiman. girlfriend of husband. as to their atTair
Address: 6004 William Drive. Mechanicsburg, PA 17055, telephone: 717-975-5028
5, Janice Salisbury. sister of wife . as to the existence and time of affairs and effects on
wife of same
6. Kyra Stydinger, sister of wife. as to the existence and time of affairs and effects on
wife of same
7. Rebuttal witnesses are reserved and the Defendant reserves the right to call
additional witnesses closer to trial. so long as reasonable no lice is given to Plaintiff and
Plainti Irs counsel.
VI, ExhIbits:
v.
As attached hereto. Defendant reserves the right to produce additional exhibits
closer to trial as long as reasonable notice is given to Plaintiff and Plaintilrs counsel.
A. Kelly Blue Book quotes for Ct-enolet Lumina mini-van (for DOS and current value)
B, Income and Expense Statement for WifeJDefendant
C. Documentation of DefendantJWife's counsel fees -. to be provided
D. Plaintiffmusband's statement of receipt of 199 P A Unemployment Compensation
Benefits
XIII, Proposed Resolution of Economic Claims:
Husband and Wife both worked at HighmarklPA Blue Shield, Wife was forced to quit job
because Husband's paramour, who also worked at Highmark. harassed Wife both in the workplace
and at home. In addition, as Husband and paramour kept no secret of the affair, Wife received
t ~
.
harassment from other employees as well. Wife attempted to resolve the issue by reporting same to
the employer, however, the employer refused to address the issue as it was a personal matter.
Because wife has lost her job because of Husband's marital misconduct, Wife should get SIOO.oo
per week in alimony for four (4) years and 60% of the marital property, and full reimbursement of
counsel fees.
In addition, Husband's numerous affairs have necessitated Wife to undergo many and often
testing for STD's as well as counseling regarding same, Accordingly, husband should be required
to pay these bills in kind, in full.
Respectfully submitted,
MENGES, GENT & McLAUGHLIN, LLP
N, Christopher Me g ,Esquire
Sup, CI.ID # 2316
145 East Market Street
York,PA 17401
Telephone: 843-8046
Attomey for the Defendant
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USED CAR VALUES
NEW CAR PRICIlO
MOTORCYCU!S
BUY A CAR
SELL YOUR CAR
GeT FINAHCIlG
GeT INSUItAHCl
.
REVIEWS
HOT 50 CAllS
LEMON CHECK
BUY THE BOOK
ABOIIT US
CONTACT US
FAQ
HOllE
New Fealurel
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Get the value of your vehicle at Kelley Blue Book,
CliCk on Ihe image above 10 vIsit lhls advertiser
Pennsylvania' April 18, 2000
1991 Chevrolet Lumina APV Wagon
Engine: V6 3.1 Liter
Trans: Automalic Trans.
Drive: Front Wheel Drive
Mileage: 90.000
Local Dealer Pnce - Used Car
Find New GM Vehicle or Dealer
Local Dealer Pnce - New Car
List Your Car For Sale Online
Online FinanCing Quote
Online Insurance Quote
Another Report
Equipment
6-7 passsenger
Air Conditioning
Power Steering
Power Windows
Power. Door. Locks
Tilt Wheel
AMlFM Stereo
Cassette
Consumer Rated Condition:
Good
"Good" condition means that the vehicle is free of any major defects The
paint, body and intenor have only minor (if any) blemishes, and there are no
major mechanical problems. In states where rust IS a problem, thiS should be
very minimal, and a deduction should be made to correct it The tires match
and have substantial tread wear left. A clean title history is assumed. A 'good"
vehicle wtll need some recondilioning to be sold at retail; however major
recondiloonlng should be deducted from the value. Most recent model cars
owned by consumers fall into this category.
Trade.ln Value
$1,945
Trade-in value represents what you might expect to receive from a dealer for
this consumer owned vehicle. Keep in mind that the dealer must then absorb
the cost of making the vehICle ready for sale, advertising. sales commissions,
arranging financing and insurance and standing beh,nd the vehicle for any
mechanical or safety problems.
COIlynghl!: 2000 by Xelley Blue _ Co . A8 R>gtlt1 Re.e"ed Mar."", 2000 E<l>lIOn TIle
~non tn thtI report *as pnnled from the Kelley Blue eoo.. WeD Slte (www kbb com) and II
intenCed fat the personal use of the customef only and may not be sOld or traf'\lmltted to .noIhef
party We llsume no re,ponsibtMy rot ~ Ot omtSStOnS
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EXHIBIT "F"
"
GENERAL RELEASE AND WAIVER
Introduction
We have terminated our employment relationship with one another. Thli
General Release and Waiver is an Agreement between us which sets forth the
terms under which you agree to release the Company from all waivable claims
which you might have against the Company in exchange for Ihe receipt of certain
benefits. .
Terms
.
1. As. used in this Release, the Company shall at all times mean
Highmark, its present or former parent, subsidiaries, divisions, successors and
assigns, its affiliated and predecessor companies or corporations, Iheir
successors and assigns, their affiliated and predecessor companies or
corporations and the present or former directors, officers, shareholders,
members, employees. allomeys and agents of any of them, whether In their
individual or official capacities, and the currenl and former INstees or
administrators of any pension or other benefit plan applicable the employees or
former employees of Ihe Company in their official and individual capacities.
~tY 2. After receiving this signed Release from you, the Company will pay
you in a lump sum an amount equal to two weeks of pay for every full or partial
,f) year of service or 24 weeks, ~r 521,206.40, less applicable withholdings and
'-1 .,;( deductions. The Company will also provide you with a payment of 52,822.88 to
help you purchase medical, dental and vision coverage al the group rates in
effect prior to the termination of your employment relationship with the Company,
if you choose to purchase such group coverage.
3. If the Company re-employs you, you agree 10 return 10 Ihe
Company a prorated portion of the payment you receive under this Agreement,
exceplthat in no event shall you be required to return the amount equivalent to
the first four weeks of Ihal payment.
4. In exchange for receiving the paymenls described in Paragraph 2
above, you hereby agree never to file a complaint in federal or state court
againstlhe Company for any act, omission, incident or situation which may have
occurred from Ihe dale when you began working for Ihe Company up until the
dale when you sign this Agreement. This includes RELEASING AND FOREVER
DISCHARGING the Company from:
(a) Any claims arising under Tille VII of the Civil Rights Act of 1964,
the Age Discrimination in Employmenl Act, the Americans with
Disabilities Act, the Rehabilitation Act, the Pennsylvania Human
Relations Act and any amendments to those statutes;
(
~~..u.. _...... . ..._.~._
(b) Any claims arising under the Employee Retirement Income
Security Act ("ERISA.) or any other federal or state law pertaining
10 employee retirement or welfare benefits;
(c) Any claims arising under any other federal, state or local statutofy
or regulatory provision;
(d) Any claims arising under federal common law or under the common
law of any state; and
(e) Any claims for attorneys' fees and/or cosls.
Notwitl)standing the above, this Agreement does not prevent you from
pursuing any right or claim which cannot be waived by law, including the right 10
file a charge of discrimination with the Equal Employment Opportunity
Commission. By signing this Agreement, however, you hereby agree to waive
your right to become and promise not to become a member of any class action in
any proceeding or case in which a claim against the Company may arise, in
whole or in part. from any evenl which occurred before or as of the dale of this
Agreement. Furthermore, you hereby waive your right 10 recover any damages
or other relief in any claim or suit brought by or though the Equal Employment
Opportunity Commission or any other state or local agency on your behalf under
any federal or stale discrimination law, except where prohibiled by law.
5. By signing this Agreement. you are hereby acknowledging and
agreeing that: (a) you are competent to enter into this Release and are fully
aware of your right to discuss any and all aspects of this Release with an
attorney of your choice, (b) except for the promises contained in Ihis document,
Ihe Company has made no other promise of any kind to you to cause you to sign
Ihis Release, (c) what you are receiving under this Agreement is in addition to
anything of value 10 which you already are entitled, (d) what you are receiving is
adequale and satisfactory to you, and (e) the payments and benefits specified in
this Agreement constitute full and final payment in settlement of all waivable
claims of any kind, known or unknown. which you may have against the
Company. You further acknowledge that you have carefully read and fully
understand all of the provisions of this Release, that you have had the
opportunity 10 discuss the provisions of this Release with an attorney, and that
you are voluntarily entering into this Release.
6. You acknowledge and agree that you have been given a period
of at least forty-nve (45) days from this date, February 26, 1999, In which to
consider the tenns of this Release and that this Release shall not become
effective until seven (7) days following the date of your sIgnature. Prior to
that time. you may elect to revoke this Release. If you choose to revoke this
Release, you agree to notify Highmark's Manager of Employee Relations In
writing
-
.
7, By signing this Agreement, you are not waiving any claims against
the Company for any act or omission Ihat may occur after Ihe signing of Ihls
Agreement.
e, You hereby agree that your employment relationship with Highmark'
has been severed and Ihat you forever waive any right to reinstalement, recall or
future employment with the Company.
9. You agree that you will keep the terms of this Release completely
confidential, except for disclosure by you: (a) to your immediate family members;
(b) 10 your allomey; (c) to your accountant; (d) to your bona fide professional
financial adviser; or (e) as required by law. If you disclose the terms of this
Release to any of the persons or entities listed above, you will advise them that
they must not disclose the terms of the Release to anyone else. If you disclose
the terms of this Release to persons not listed in subparagraphs (a) through (e)
above, you agree Ihat you will forfeit any payments made under this Agreement.
10. Neither this Release nor anything conlained in this Release shall
be construed as an admission by the Company of any acts of wrongdoing
. against you and the Company specifically disclaims any liability to you for any
discrimination or any other unlawful conduct whatsoever. This Release shall not
be admissible in any proceeding as evidence of an admission by the Company
of any violation of any federal, state or local statute, regulation, ordinance, order
or common IaN.
11, You hereby promise and agree that, except under compulsion of
law, you will make no negalive or derogatory comments, oral or written directly
or by innuendo, about the Company, including but not limited to, Ihe Company's
managemenl, employees, policies, procedures, employee-management
relations, products, community relations or the services provided by the
Company to its cuslomers.
12, You hereby agree thaI, except under compulsion of law or where
you become a mandatory member of a class action of which you cannot, by
operation of law or by order of court, opt out, you shall pay for any legal fees or
costs incurred by Ihe Company as a result of any breach by you of paragraphs
4,9 and/or 11.
13. You hereby agree Ihat any controversy or claim arising out of or
relating to this Release shall be resolved by a court of compelent jurisdiction
silling in Allegheny or Cumberland counties.
14. You hereby agree that you will take all steps necessary 10 dismiss
with prejudice any and all pending complaints, charges and grievances against
the Company, excepl with respect to any charges that may be pending before
the Equal Employment Opportunity Commission.
.-
.
XACT EMPLOYEES
IMPACTED BY DOWNSIZING EFFORTS
,
Job Title Age
<?ase Specialist 27,98
, .
cialms- Examiner 28.50 JI
30.06
32,38
--.
33.11
52.03
57,36
._--- 37.66
59.10
Claims Preparation Clerk 64.86
Claims Reviewer I 36.08
54.42
Credentialing Specialist 52,14
Eligibility Clerk 40.61
Fraud Investigalor 49.18
F.raud Project Analysi- 31.26
General Clerk 38.06
Supv,Claims Analysis 46.32 ~
212m
MPR-17-0e 11 :4~ ~M BOWM~H$DALE F~M PR~C
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1C-19-96
cent.
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1. U'1':.
2. Mid cycle with hi.tcry of ova.ian cye:e,
Ip: Amoxi1 ~OO mg. one p.o. t.1,d. x 7 day.. #21 no re!ills,
IpUSh fluids, Pyrldium 200 mg, p,o. t.i.d. di.pen.e 3 vith no
Ir.fill., SER, PYU.' Local pain mea.ure. s. usual for her ~id
cycle discomfort and call if that worsens or does not improve,
Alao if no imprcvement with the UTI symptoms in the next 48
hours to call, cr sooner if worsens, Ctherv1se recheck UA 1n
10 to 14 days.
.',1..b... ,'v".. ""I'~
JI-J3.~ I,~:. ~~"P""l" " ",'1",.,. "",. '1..."". ."
.~(5'I lirrita:ion and itching, Hae not had any :i9n~ficant vaginal
~ 'diecharqe Over the last eeveral daye. Was recently treated
~~~ 'for a 'Jrinary tract infect:on_ Has a history of ovarian cys:e
~ ~'- jr land has had some lcw abdominal pain, Re~ortE that her hueband
Ihas had another female sexual partner and they have had recent
unprotected intercourse. Cuite a few stressor: within the family.
a daughter w~:h some long-t~rr health prcblem:. She etatee
ehe is contacting her attcrney to discues possibility of :eparaticn.
AlIa il reporting s~gnificant dysmenorrhea with her menetr~al
!cycle and 1e requesting scme medicaticn tor that. Ie allergic
:to tetanus toxoid and eulfa medicatione, no kno~n allergies.
:Sirth control il a t~ba: ligaticn.
:0: The vulva is extremely red wit~o~t any leeione cr tencerness.
vaginal walle ~in~ with a thin white milky discharge. Wet mount
wae Fcsitive for signifiean: numoere ct N5Ce a~d clue eells,
No trich or hYFhae, Cervical culture for cnlamydia and C~ ie
taken. Some uterine tenderness ~ith ~alpaticn. negative cerviea:
!moticn tenderness, Nega:i~e adnexal tenjerneee bilaterally.
11>.:
,
eacterial vagino:is
Cueetionable early P:O, rule
Cy:menOrrhe4,
cut no,
", ;'f/4(.
,
,
:P: Zithromax 250 ~9' 4 :ab:ete taken ae cne single dose .4
Iwith no refills. Cleo~ln ~agir.al cream or.e applicatorf~l into
the vagina x 7 r.~ghte. 45 ~rams with no ret:lle, Meclomen 10C
Img. one tablet t.i,d, wi,h !Qod 2-~ days betere the .tart ot
Iher next menstrual cycle .10 with one re!i:l. Labs drawn for
RIV and RP~. HIV Fr~ccuns.:ins wa, dene he'e in the off:ce.
IFatient does underetand that we will te repeating the HIV in
16 menths as follow-~p. She is to let us knew if her !y~ptoms
',continue or vereen and other.iee return ae needed.
Ceni.e Hough. :RNP/b~
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c.
Stocks/Bonds
I. PP&L - children
wI W as custodian
$ 91.23 1/2/98 none
-Colin -3.816 shares@$23,906each
$ 47.81 1/2/98 none
-Mcdith - 2 shares @ $23.906 each
$ 275.00 1/00 inherited
(5 shares @ approx, $55.00 each)
none
none
2. 5'h 301 Bank W
none
D. Retirement/Pension
I. HighmarklBlue Shield H $ 17,685.38 5/1/97 none
2. HighmarklBlue Shield W $ 4,108.00 8/99 SI,108.oo (tx)
-8/99 cashed in value of approx, $3,000.00 - used for living expenses for family
3, National Guard PensionH $ 281.83/mo ? $1 I 1.60/mo. none
E,
Severence Pay
H
$21,206.40 pd, 3/99
all
none
F, Personalty H&W $
. to be divided between the parties as per the parties agreement
_ NOTE: H is rcceiving substantially more of the valuable items than W
III. L1abililites in chart form
L1abilitv Whose Name Value as of DOS Value Now Marital?
A. Dauphin Deposit Bank $1,894.75 S 0.00 yes
B. Dauphin Dcposit VISA $ 481.00 $ 0.00 yes
C. Sears S 330.00 $ 0.00 yes
D, AT&T MasterCard $ 504.60 $ 0.00 yes
E, Septic Repair $ 300.00 $ 0.00 yes
F. Dishwasher Home
Maintenance Agreement $ 50.00 $ 0,00 yes
G, Eichelberger's -well repair in 1997 S 500,00 $ yes
-all values are as of DOS are amounts paid by from procccds of the marital residence
.. all values are as givcn by Husband. To date, Wife's counsel has rcccived no documentation
of same.
IV. Name and Address of EXDert Witnesses:
A. Defendant reserves the right to identify any expcn witnesses closer to trial. solon!!
as reasonable notice is given to Plaintiff and Plaintiff's counsel.
V, Name. Address and Short SummarY of the Testimonv of other Witnesses:
1. Kristine A, Thomas, Defendant
2. David B. Thomas, PlaintilT, as on cross
3. Janet Blackner Hess, girlfriend of husband, as to their aITair
Address: 517 Susan Road, Camp Hill, PA 17011
4, Elise Geiman, girlfriend of husband, as to their aITair
Address: 6004 William Drive, Mechanicsburg, PA 17055, telephone: 717-975-5028
S. Janice Salisbury, sister of wife, as to the existence and time of aITairs and eITects on
wife of same
6. Kyra Stydinger, sister of wife, as to the existence and time ofalTait'S and eITects on
wife of same
7. Rebuttal witnesses are reserved and the Defendant reserves the right to call
additional witnesses closer to trial, so long as reasonable notice is given to PlaintilT and
PlaintilT's counsel.
VI, Exhibits:
As attached hereto. Defendant reser\'es the right to produce additional exhibits
closer to trial as long as reasonable notice is given to PlaintilTand PlaintilT's counsel.
A. Kelly Blue Book quotes for Chevrolet Lumina mini-van (for DOS and current value)
B, Income and Expense Statement for Wife/Defendant
C. Documentation of DefendantlWife's counsel fees .- to be provided
D. PlaintilT/Husband's statement ofreccipt of 199 PA Unenlployment Compensation
Benefits
..
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smlon Ill: ~
PArSES C,ll; Numller SlCOOUOZO
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In ROI.IJ rON.' I" "pc,uU) bopo,"'.' r" ..I.u"li"~ .:,ild lorroll. l/)llII.... ffqUClI~" Sro"..t $ul'l'"VAPl. ., ir
)OI.l'.'l.:n yu\ir ClII: c.11\1"" h dOI~tD1~IJ;d lI\:c<<m.llll~ to ,he ~uiJcllU' JolriLh or formu:.. lilt. ~\ilolllll\Ual ha (1.111, C:C1lnl'I"h)tl.
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UI'ENSES
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W.IL., iO 11206
,
GENERAL RELEASE AND WAIVER
Introduction
We have terminaled our employment relationship wilh one another. Thli
General Release and Waiver is an Agreement between us which sets forth the
lerms under which you agree to release the Company from all waivable cleims
which you might have against the Company In exchange for the receipt of certain
benefits.
Terms
1. As' used in this Release, the Company shall at all times mean
Highmark, its present or former parent, subsidiaries, divisions, successors and
assigns, its affiliated and predecessor companies or corporations, \heir
successors and assigns, their affiliated and predecessor companies or
corporations and the present or former directors, officers, shareholders,
members, employees, attorneys and agenls of any of them, whether In \heir
Individual or official capacities. and the current and former trustees or
administrators of any pension or other benefit plan applicable \he employees or
former employees of the Company in their official and individual capacities,
tltY 2. After receiving this signed Release from you, the Company will pay
you in a lump sum an amount equal to two weeks of pay for every full or partial
f) year of service or 24 weeks, or $21,206.40, less applicable withholdings and
'1 .,,;( deductions. The Company will' also provide you with a paymenl of $2,822.88 to
help you purchase medical, dental and vision coverage at the group rales in
effect prior to the termination of your employment relationship wilh the Company,
if you choose to purchase such group coverage.
3. If the Company re-employs you, you agree 10 relum 10 the
Company a prorated portion of Ihe payment you receive under this Agreement,
except that in no event shall you be required 10 return the amounl equivalent to
the first four weeks of that payment.
4. In exchange for receiving Ihe payments described in Paragraph 2
above, you hereby agree never to file a complainl in federal or state court
against the Company for any act. omission, incident or situation which may have
occurred from the date when you began working for the Company up until the
date when you sign this Agreement. This includes RELEASING AND FOREVER
DISCHARGING the Company from
(8) Any claims arising under Tille VII of the Civil Righls Act of 1964,
the Age Discrimination in Employment Act, the Americans with
Disabilities Act, the Rehabilitation Act, the Pennsylvania Human
Relations Act and any amendments to those statutes;
(
(b) Any claims arising under the Employee Retirement Income
Securily Act ('ERISA') or any olher federal or state law pertaining
to employee retirement or welfare benefits;
(c) Any claims erising under any olher federal, stale or local statulol).
or regulatory provision;
(d) Any claims arising under federal common law or under the common
law of any state; and
(e) Any claims for attorneys' fees andlor cosls.
Notwitt)standing the above, this Agreemenl does not prevent you from
pursuing any righl or claim which cannol be waived by law, including the right to
file a charge of discrimination with the Equal Employment Opportunlly
Commission. By signing this Agreement, however, you hereby agree to waive
your right to become and promise not to become a member of any class action in
any proceeding or case in which a claim against the Company may arise, In
whole or in part, from any event which occurred before or as of the date of this
Agreement. Furthermore, you hereby waive your righl to recover any damages
or other relief in any claim or suit broughl by or though the Equal Employment
Opportunity Commission or any other state or local agency on your behalf under
any federal or slale discrimination law, excepl where prohibited by law.
5. By signing this Agreemenl, you are hereby acknowledging and
agreeing that: (a) you are competent to enter into this Release and are fully
aware of your rig hI to discuss any and all aspects of this Release with an
attorney of your choice, (b) except for the promises contained in Ihis document,
Ihe Company has made no other promise of any kind to you 10 cause you to sign
Ihls Release, (c) what you are receiving under this Agreemenlls In addition to
anything of value to which you already are entitled, (d) whal you are receiving is
adequale and satisfaclory to you, and (e) Ihe payments and benefits specified In
this Agreement conslitute full and final paymenl in selllement of all waivable
claims of any kind, known or unknown, which you may have against the
Company, You further ecknowledge thaI you have carefully read and fully
understand all of the provisions of this Release, that you have had the
opportunity to discuss the provisions of this Release with an attorney, and that
you are voluntarily entering into this Release.
6. You acknowledge and agree that you have been given a pertod
of at least forty-five (45) days from this date, February 26, 1999, In which to
consider the terms of thIs Release and that this Release shall not become
effective until .even (71 days following the date of your .Ignature, Prior to
thaI lime, you may elect 10 revoke this Release. If you choose to ravoke this
Release, you agree to notify Highmark's Manager of Employee Relations In
writing
7, By signing this Agreement, you are not waiving any claims against
the Company for any acl or omission Ihat may occur after Ihe signing of Ihls
Agraement.
8, You hereby agree thaI your employmenl relallonship with Highmari<'
has been severed and thaI you forever waive any righlto reinstatement, recall or
fulure employment with the Company.
9. You agree thaI you will keep the terms of this Release completely
confidential, except for disclosure by you: (a) 10 your immediate family members;
(b) to your allorney; (c) to your accountanl; (d) to your bona fide professional
financial adviser; or (e) as required by law. If you disclose the terms of this
Release 10 any of Ihe persons or entities listed above, you will advise them that
they must not disclose the terms of the Release to anyone else. If you disclose
the terms of this Release to persons not listed in subparagraphs (a) through (e)
above, you agree that you will forfeit any paymenls made under Ihis Agreement.
10. Neither this Release nor anything contained in this Release shall
be construed as an admission by the Company of any acts of wrongdoing
against you and the Company specifically disclaims any liability to you for any
discrimination or any other unlawful conduct whatsoever. This Release shall not
be admissible in any proceeding as evidence of an admission by the Company
of any violation of any federal, state or local stalute, regulation, ordinance, order
or co~mon law.
11. You hereby promise and agree that, excepl under compulsion of
law, you will make no negative or derogatory comments, oral or wrillen direclly
or by innuendo, about the Company, including but not limited to, the Company's
management, employees, policies, procedures, employee-management
relations, products, communily relations or Ihe services provided by the
Company to its customers.
12. You hereby agree Ihal, except under compulsion of law or where
you become a mandalory member of a class action of which you cannot, by
operation of law or by order of court, opt out, you shall pay for any legal fees or
costs incurred by the Company as a result of any breach by you of paragraphs
4, 9 and/or 11.
13. You hereby agree that any controversy or claim arising out of or
relating to this Release shall be resolved by a court of compelenl jurisdiction
siUing in Allegheny or Cumberland counties.
14. You hereby agree that you will take all steps necessary to dismiss
with prejudice any and all pending complaints, charges and grievances against
the Company, except with respect to any charges that may be pending before
the Equal Employment Opportunity Commission.
H~R-17-0e 11:"9 ..M BOWMHNSDALE F..M PR..:.C ~~101'eO
\
~'-' -......
N..,.,e: Kt"i.t'~". '1'hl'"\fI'\".
DIle/VIla.!
,
10-19-96 IAI l- UTI.
cent. 2. !'lid cycle vith hiatcry of ovarian cyata.
p.e:
Page M:
IpI A~oxil 500 mg. one p,o. t.i,d. x 7 d.y'. 121 no refills.
IpUSh fluids. Pyridiu~ 200 mg. p,o. t.i.d. di.penae 3 with no
ir.filla. S!R, PVU. Local paLn me.aure. aa usual for her mid
cycle discomfort and call if that woreene or does not improve,
Also if no improvement with the UTI symptom. in the next 48
houre to call. cr sooner it vorsene. etherw1.e recheck UA in
10 to 14 day..
;!11Zabeth Alvine. CRNP/bh~
J/~J3.q(, ~ ~6 . , U
S, Comes in complaining cf sign1f~cant vulvar d1scoafcrt and
.~(s'7 ;irritat1on and itching, H~e not had any eign~f1cant vag1nal
~ 'discharge over the last Eeveral days. Wae rec.ntly tr.ated
.~-<~ 'for a ~rinary tract infection. Has a hietory of ovarian cyste
~ ~'- ~ ,and hae had eeme lcw abdo~lnal pain, Report. that her huetand
'ha, had another female sexual partner and they have had rec.nt
unprotected intercour.., Ouite a tew atresEors within the family.
a daughter With eome long-ter~ health prcblems, She etate.
ahe is contacting he, attcrn.y to discuss possibility ot separation.
Aleo is reporting .i9niticant dysmenorrhea with her m.n.trual
eycle and 1. requesting 20De ~.dicaticn for that. I. allergiC
to tetanu. toxoid and aulta medication.. u~ kno~n allergiea.
'Birth contrel 1. a tubal ligation,
0: The vulva 1. extre~.ly red without any le~ion. or t.nd.rn....
Vaginal wall. pin~ with a thin white ~ilky diseherg.. Wet mount
wa. Fo.itive for aignif~cant numoere ct WBCs an~ clue e.lle.
No trich or hYFhae, C.rvical culture tor Chlamydia an~ CC is
tak.n. Some ut.rin. tenderne., with ~alpaticn. n.gativ. cervical
,motien tend.rn.... Negative adne.al t.njernee. bilaterally,
IA:
,
!act.rial vaginoeis
Cueatieneble early PIO. rule cut
Oyamenonhe..
STD.
",;'f/.(.
,
,
IP: ztthroma. 250 ~9. 4 tab:.ta taken a. ene aingle do.e .4
'vlth no r.fl11a. Cleo~ln ~agir.al cr.am or.e .pplicatort~l into
.the vagina x , night.. 45 ~ram. vith no refllla, "eclom.n lCO
I~. on. tabl.t t,l.d, with t~od 2-~ daya beter. the atart of
Ih.r n.xt ~en.trual cycle 130 with one refill. L.b. dra~n tor
"IV and APR. HIY pr.coun.e:tng wa. den. here in the office.
Ip.ttent do., und.r.tan~ that w. will t. ,-p.ating the HIV tn
16 month. a. follow-up. She i. to l.t u. knew if her .ympto..
eontinue or WOr..n and otherwi,. r.turn a, needed.
Oeni.. Hou~h. =.~P/b~
A/lI"'j>ILn ~ NOtA i}.f.\. ,_If I( """J f!. k,,,': .t
.,...
-
r ..;
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this Jb~ day o~dl'W ,2000, by and
between DAVID B. THOMAS, hereinafter referred to as "HUSBAND", and KRISTINE A,
THOMAS, hereinafter referred to as "WIFE".
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on April 14, 1984. in Harrisburg. Dauphin County, Pennsylvania;
WHEREAS, two (2) childrtn were born of this marriage; Colin S. Thomas born
September 2, 1988 and Meredith A. Thomas born February 13, 1992;
WHEREAS, it is the intention of the parties to settle fully and finally their respective
financial and property rights and obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (I) the settling of all matters between
them relating to the ownership of real and personal property; (2) the settling of all matters
between them relating to the past, present and future support and/or maintenance of HUSBAND
and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles
and interests, claims and possible claims in or against the estate of the other.
NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof in consideration of the foregoing recitals, the
mutual promises, covenants and undenakings herein set forth, and for good and valuable
consideration. receipt ofwhicb is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as
follows:
I, ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and fair opportunity to
obtain independent legal advice of counsel of their selection, HUSBAND has been
independently represented by Barbara Sumple-Sullivan. Esquire. WIFE is cognizant of her right
to legal representation and declares that she has been independently represented by Christopher
N. Menges, Esquire, Each party further declares that they are executing this Agreement freely
and voluntarily, having obtained such knowledge and disclosure of their legal rights and
obligations and tbatthey acknowledge that this Agreement is fair and equitable and is not the
result of any fraud, coercion, duress, undue influence or collusion.
2, PERSONAL RIGHTS
HUSBAND and WIFE may and shall. at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference or authority, direct or indirect, by the other in
all respects as if she or he were unmarried, except as may be necessary to carry out the
provisions of this Agreement Each may reside at such place or places as she or he may select.
Each may. for his or l:er separate use or benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may seem advisable. This provision
shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the
lawfulness of the causes which led to, or resulted in, the continuation of their living apart.
HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of
each other, nor compel the other to cohabit or dwell in any manner with him or her. nor in any
way interfere with the peaceful existence, separate from each other.
11/21/00
2
3, DEBTS
Each party represents that they have not contractcd any debt or liability for the other for
which the estate of the other party may be responsible or liable except as otherwise provided
herein, and that except only for the rights arising out of this Agreement, neither party will
hereafter incur any liability whatsoever for which the other party or the estate of the other party
will be liable. Each party agrees to indemnify and hold harmless from and against all future
obligations of every kind incurred by them, including those for necessities,
The only unresolved marital debt is due Eichelberger. If any claim is made for said debt,
each party shall pay one-half (1/2) of said amount. The parties acknowledge that, \\;th the
exception of the Eichlberger's debt, referenced above, all marital debts were satisfied from the
proceeds of the sale of the marital real cstate,
4. WAIVER OF APPRAISAL AND INVE:"I'TORY
The parties acknowledge and agree that they have each had an opportunity to value or
have appraised any and all marital property, and they do hereby waive a formal appraisal and
inventory of same, and no statement or representation by either party as to value shall be deemed
a misstatement or misrepresentation to the other or be deemed fraudulent.
5. MARITAL AND NON.MAR1I.AL.ASSE.IS
HUSBAND and WIFE do hereby acknowledge that, except as provided below, they have
heretofore divided the non-marital assets and marital assets including but without limitation,
jewelry, clothes, furniture, and mher assets wherever situated whether real, personal or mixed,
11/21100 3
tangible or intangible; and HUSBAND agrees that all assets in thc possession of WIFE shall be
the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of
HUSBAND shall be the sole and separate property of HUSBAND.
The parties agree that they shall divide the following personalty as follows:
a, Jewell:)'. If same can be found. the parties shall return their respective wedding
rings to each other. If WIFE can locate HUSBAND's blue onyx ring, she shall
return same to him.
b. Jon Crane Prints, The parties shall divide between themselves the two signed
and numbered limited edition prints by Jon Crane titled "Winter in Heartland"
and "Heartland Spring".
c, Four Photo Albums and Box Holder. The parties shall equally divide all family
pictures including those in the four (4) photo albums and box holder between
themselves, The parties each receive two of the photo albums and WIFE will
receive the box holder,
d, Misc. PersonalQ', HUSBAND shall retum to WIFE the following personalty:
1. A l\velve place, 8 piece set of Onieda silverware;
2. A chest for the silver;
3. A Fenton art glass bowl;
4, A 12 quart T-Fal stock pot;
S. Enesco 18 quart electric roaster;
6, A brass holder and 8 hand made coasters;
7. A Sears Craftsman snow blower;
8. A 12 place selling of china dishes (a pattern called Kristina);
9, II crystal bowls by Crystal darque;
10. 2 king sized blankets;
II, A glass cake plate and pilcher and glass bowl, relish dish (Early American
press cut by Anchor Hocking);
12, Etching titled "Sweet Smells" depicting a mother holding an infant in her
arms;
\3, Salad set;
14. Tea Set;
I S. Blue electric lamp;
16. Stainless steel butter dish;
17, Carnival candy dish;
18. If HUSBAND finds same in his possession, two antique lamps, ODe with a
reflector and one without; and
19, IfHUSBAA'D finds same in his possession, diamond cut silverware.
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act as executor/rix or administrator/rix of the other pany's estate.
17. l\IUTUAL..RELEASE
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for al\ time to come, and for al\ purposes
whatsoever, of and from any and al\ rights, title and interests, or claims in or against the propeny
(including income and gain from propeny hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which she or he now has or at any time
hereafter may have against such other, the estate of such other or any pan thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
equitable distribution, dower or cunesy, or claims in the nature of dower or cunesy of 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 al\ other rights of a surviving spouse to panicipate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of
the United States, or (c) any other country, or and rights which HUSBA~1) or WIFE may have
or at any time hereafter have for the past, present or future suppon or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses. whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and Agreements :lnd obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof.
Each of the parties hereto funher covenants and agrees for himself and herself and his or
her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter,
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sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph. Each of the panics funher
covenants and agrees that he or she will permit any will of the other to be probated and allow
administration upon his or her personal, real or mixed estate and allow effects to be taken out by
the person or persons who would have been entitled to do so had HUSBAND or WIFE died
during the lifetime of the other. Each of the panies hereby releases, relinquishes and waives any
and all right to act as executor or executrix or administrator or administratrix of the other's
estate.
It is the intention of HUSBA!Ill) and WIFE to gh'e to each other by the execution of this
Marital Settlement Agreement a ful\, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now O\\IllS 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
thereof.
18. SUCCESSOR'S RIGHTS ASD LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the pa."ties hereto, their respective heirs, executors, administrators, successors or
assigns.
19. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining pro\;sions shall nevenheless continue in ful\ force
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and effect without being impaired or invalidated in any way.
20. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains al\
of the representations, promises and Agreements made by either of them to the other for the
purposes set fonh in the preamble hereinabove; that there are no claims, promises or
representations not herein contained, either oral or written, which shall or may be charged or
enforced or enforceable unless reduced to writing and signed by both of the parties hereto.
21. BISDlNG EFFECT OF AGREEl\IEST/W AIVER
This Agreement shal\ 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 the provisions of this Agreement shal\ not be construed as a waiver of any
subsequent default of the same or similar nature, nor shal\ such failure be construed as a waiver
of any other term, condition, clause or provision of this Agreement.
22. BREACH
If either party breaches any provision of this Agreement, the other party shall hive the
right, It his or her election, to sue for damages for such breach or seek such other remedies or
relief as may be a\'ailable to him or her. and the party breaching this contract shal\ be responsible
for payment of reasonable legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
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