HomeMy WebLinkAbout98-01393
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~ IN THE COURT OF COMMON PLEAS ~
8 OF CUMBERLAND COUNTY ~
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, STATE OF '~ PENNSYLVANIA ~
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KIMBERLY A, THOMAN,
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* ........"..................................., ............~'l,f.'l,~,c:j!W,t.. IN DIVORCE J.
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~ DECREE IN ~
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~ DIVORCE I
I AND NOW, ..... ...... .~pM.. .f.:.... IO.V..... II I, o'de..d ond !
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~ decreed that..,.. ,~?~i~I:?~,...'!-'~.o,~1,I~!..~~;.'................., plaintiff, ~
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. are divorced from the bonds of matrimony, <:
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~ The court retains jurisdiction of the following claims which have <:
;,; been raised of record in this action for which a final order has not yet ~
: been entered; ~
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DONALD E, THOMAN, JR"
~ ~ OR I fr) {VAL
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
VS,
KIMBERLV A, THOMAN,
NO, 98 - ($tf'P
CIVIL TERM
Defendant
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS Agreement made this d. 3 1) day of A f Rle
,1998
by and between KIMBERL V A, THOMAN, of 332 Pine Grove Road, Gardners, Cumberland
County, Pennsylvania, hereinafter referred to as WIFE, and DONALD E. THOMAN, JR" of 67
Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as
HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on
October 21, 1995, in Glen Rock, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, to No. 98 - /393 ,Civil Term; and
WHEREAS, 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,
the settling of all matters between them relating to the ownership of real and personal property,
and in general, the settling of any and all claims and possible claims against the other or against
their respective estates.
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NOW, THEREFORE, in consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency 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:
1, Advice of Counsel: The parties hereto acknowledge that each has been notified
of his or her right to consult with counsel of his or her choice, and have been provided a copy of
this agreement with which to consult with counsel. HUSBAND is represented by Carol J, Lindsay,
Esquire, and WIFE, has been advised that she may be represented by counsel of her choice.
Each party acknowledges and accepts that this agreement is, in the circumstances, fair and
equitable, and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, 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 improper or
illegal agreement or agreements.
2, Divorce: The parties agree to the entry of a Decree in Divorce, The parties will
execute, ninety (90) days after the service of the Complaint in Divorce, Affidavits of Consent and
Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree
in Divorce.
3, Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
HUSBAND will retain the 1997 double-wide mobile home purchased by the parties
during their marriage, and WIFE will execute any and all documents to transfer to him all her right,
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title and interest in said mobile home. HUSBAND will pay the balance of the loan for the purchase
of said mobile home to National Penn Bank, and shall indemnify and hold WIFE harmless against
any loss as a result of said loan. HUSBAND will retain the 1980 Ford F-150 Truck. The--",a,tiw"
wiFE wtll \"et.u--- /l~r!!.>I_ tu Ac.c.v,;f Fvt,.1...
~ree to eeol'arote--in thA sale of tI'le 1996 Ford F-150 Truck and t9 p~ f. U'" tI.e pi ca99els af
ReSf',,^\,h~ .frv _ '
sala tRe e!! r '8f the outstanding obligation incurred for the purchase of the truck.. e. I" .1._
Fvy-tL"~H\a~
~I.ter~ati'."e, t.B~r88 ~ a qualhl~d Dufsr ....-..-t,o nVRT r~e paYIIIt'lll.., ef aela vel-llcle. IA.tI ,re~t
kJlFf A~~......S' ":rV}<P~M"jf~ d..J h"/JJ HIIS6AND tI(JY/Yl(eSf A'Jal~'of /17,LI'55
thcllll "" Jis!'esitign-ofdfl9'W1'ltefe rt;:'>:i/ul iA a 89fioio~e p.!l, ,l;e.!. ...rill ~Aallf, ihare the-dllfia ney
ctS A R~S'..tt aT -tJ.e V~,,^- LiJ(l,.. L""''''~ J102,lj)b~ Df'r!S SfJ'G 8a..k~ t>
8sla""e and shall-iAdemRify ami Reid "ad. utI'tll 1'<1.,.,le3(3 against tRa gAS halt shere af the
.-d~fi~ic""'''y_f~ he or sne Is lIaOle pur:;Sur!l.l9t tu .t:J I~ to]') liS Of tnls M~I 'CCII lef:lt.
The parties will retain their own checking accounts and employment benefits, if any.
4. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support, The parties acknowledge that each has
sufficient assets with which to maintain themselves after divorce.
5, Marital Debt: The parties have, in their own names, certain credit card accounts
which may include some marital debt. Each party will be responsible for the debt on the credit
card accounts in his or her name. Each party will incur no debt for which the other may be liable,
and will indemnify and hold the other harmless for any debt so incurred,
6, Custody: The parties are parents of Jacob Eugene Thoman, born July 16. 1997.
The parties shall share legal custody of said child, HUSBAND shall have primary physical custody
of said child, and WIFE shall have partial custody at such times as the parties can agree,
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7. Modification: No modification, rescission, or amendment of this agreement shall
be effective unless in writing signed by each of the parties hereto.
8. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
9. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
10. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
11. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12. Full and Final Settlement: WIFE and HUSBAND 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, titles, 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
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I ""'h oth". 0' by Way of dow" 0' ,"rt.'Y. 0' o!alm, " the ,"u,. of dowe, 0' M.,y. 0' wldo",'
./ 0' Widow..... rights. fam"y .'.mptlo, 0' "mll" "'owa,,,,. 0' u'd., .h. ''''.''.le f,,,,. 0' lhe right
I to I.k. .g""" the 'pou,,', will; 0' Ih. righ"o ,,," . IIf.tlm. 'o".y.,,,, by Ih. o'h., '"
! I.'lem.,,,,,,. 0' ," oth., "ghl, of, ,u""'"'g 'poU,.,o P'''''oal.'" d"""oed 'pou,.', .'le'..
whether arising under the laws of PennsYlvania, any other State, or any other Country, or any
rights which either spouse may have, or at any time hereafter have, for 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 or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or before the breach of any thereof. It is the intention of HUSBAND and WIFE to give to each
olh., by Ih. .'.'utlo, of 'hl, Ag".men! , lull. ,0mpl.,. eod gen.", '.,."'. WIth _." to ooy
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
Wh'tso.,., "'lu" arl"'g 0' wh'm m,y "',. uOd., Ihl, ""'..m,,,,. 0' to, Ih. "'.edh of ."Y
thereof, SUbject, however, to the implementation and satisfaction of the condition precedent as
set forth herein above.
13. BREACH: In the event that either party breaches any provision of this Agreement,
h. '" 'h. 'hell b. '.'Pen"bl, to, "y 'Od '" ro,ts '",Uffad 10 ,"to".'h, Ag,eem.",. '""Udl,g.
but not limited to, court costs and counsel fees of the other party. In the event of breach, the
other party shall have the right, at his or her election, to sue for damages for SUch breach or to
seek such other and additional remedies as may be available to him or her.
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J)ONALJ) E, TIIOMAN, ,m"
IN TilE couln OF COMMON I'LEAS OF
CUI\IIIEIU.ANJ) COl1N'lY,l'ENNSYLV ANIA
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CIVIL ACTION. I>IVOI{CE
KIMIIERLY A, THOMAN,
NO. !IN - 139.' CIVIL TERM
J)crcndllnl
IN IHVORCE
To the Prothonotary:
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 Section 3301 (c) 3301{d)(1) of the
Divorce Code. (Strike out Inapplicable section).
2. Date and manner of service of the complaint: Certified Mail. Receiot sianed bv Defendant
March 19. 1998: and Acceotance of Service sianed bv Defendant's Attornev Anril 21. 1998.
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by Section 3301 (c)
of the Divorce Code: by the Plaintiff June 28. 1998 ; by the
Defendant Julv 1. 1998
(b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d)
of the Divorce Code: nla
(2) Date of service of the Plaintiff's affidavit upon the Defendant: nla
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary:
Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: 7/21/15(/
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ney for Plaintiff
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PLAINTIFF'S
EXHIBIT
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... ~ ORIt-)fv'AL
DONALD E. THOMAN, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
Plaintiff
vs,
KIMBERLY A. THOMAN,
NO. 98- ' I.$?~
IN DIVORCE
CIVIL TERM
Defendant
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MARITAL SETtLEMeJlT AGREEI\dENI ':ii,~ Iii
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THIS Agreement made this d. 3 day of A P R. J L ' (')::J: ~ 998
, by and,between KIMBERLY A. THOMAN, of 332 Pine Grove Road, Gard~ - s, ~m~r'and
County, Pennsylvania, hereinafter referred to as WIFE, and DONALD E. THOMAN, JR., of 67
Rustic Drive, Shlppensburg, Cumberland County, Pennsylvania, hereinafter' referred to as
HUSBAND,
WITNESSETH: ,
WHEREAS, the parties hereto are husband and wife, having been joined In marriage on
October 21, 1995, in Glen Rock, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
" .
Cumberland County, Pennsylvania, to No. 98 - /3 93 ' Civil Term; and
WHEREAS, 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,
the settling of all ,matters between them relating to the ownership of real and personal property,
and in general, the settling of any and all claims and possible claims against the other or against
their respective estates.
EX<ElI<BIFY VA
~'
,~
NOW, THEREFORE, In consideration ofthese consIderations, and the mutual promIses and
undertakings hereinafter set forth, and' for other good and valuable consIderation, receipt arid
sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WtFE,
each IntendIng to be legally bound, hereby covenant and agree as follows:
1. AdvIce of Counsel: The parties hereto acknowledge that each has been notified
of his or her right to consult with counsel of his or her choice, and have been provIded a copy of
this agreement with which to consult with counsel. HUSBAND Is represented by Carol J. Undsay,
Esquire, and WIFE, has been advIsed that she may be represented by counsel of her choice.
Each party acknowledges and accepts that thIs agreement Is, In the cIrcumstances, faIr and
equitable, and that it Is being entered into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, 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 Improper or
illegal agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute, ninety (90) days after the service of the Complaint in Divorce, Affidavits of Consent and
Waivers of Notice under S'ectlon 3301 (c) of the Divorce Code, consenting to the entry of a Decree
In Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
HUSBAND will retain the 1997 double-wide mobile home purchased by the parties
during their marriage, and WIFE will execute any and all documents to transfer to him all her right,
2
EX81BIFP VA
."
.
title and Interest In said mobile home, HUSBAND will pay the balance of the loan for tho purchase
of saId mobile home to National Penn Bank, and shall Indemnify and hold WIFE harmless agaInst .
any loss as a result of ,saId loan. HUSBAND will retain the 1980 Ford F-150 Truck. The ,..",lil..:l
INIFE ""dl ~4'''' II~'QI/. tu Ac,...,:t FilL-I..
~pae te eeOl'eFate-'''' 'hA =16 61 lJots 1996 Ford F-150 Truck and 19-p~ fl 0, II li,t> pi eS9&SS sf
. ResfM'I~'.1:- frv , ,
sale tI1e !!lAI ~~ the outstanding obligation Incurred ' for the purchase of the truck...w i.. 1I,J.
fV".-tl""tt1a-e,
.~~IF~\'e, A~ ~$8 Ill:" ;v,jt!.:~ff"':J1,~/ivii~~8AZD'j;;;:'I{:~~ A~~~t~fl~L;rs
~ u 'A dl~::~~R ;fj1%~I'IV~:~fl~ ~::se~~:~~. ",t> J:~:O ~ ~it~~haJi~: d~~: iJ
Balt.. ,..6 aRc;! GRail ifloeFNlify anc;! "old ""...1, ull.tll 1~less agalREt tl:1e ens halJ !"ars 9f tl1e
..~ rloli"'~o"~/ fOnN~lI~h,ne or sne IS 1180lS pUI~u~Rt l... Lilt' [16....3 aT tnls M~lg~IIIa..'t.
The parties will retain their own checking accounts and employment benefits, if any.
4. Alimony: The parties waive any claim that they may have one agaInst the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has
sufficient assets with which to maintain themselves after dIvorce.
5. Marital Debt: The parties have, in their own names, certaIn credit card accounts
whIch may Include some marital debt. Each party will be responsIble for the debt on the credit
. card accounts In his or her name. Each party will Incur no debt for which the other may be liable,
and will Indemnify and hold the other harmless for any debt so incurred.
6. Custody: The parties are parents of Jacob Eugene Thoman, born July 16, 1997. .
The parties shall share legal custody of said child. HUSBAND shall have primary physical custody
of said child, and WIFE shall have partial custody at such times as the parties can agree.
J
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.
,7. Modification: No modlficatfon, rescission, or amendment of this agreement shall
be effective unless In writing signed by 'each of the parties hereto.
8. Applicable Law: All acts contemplated by this 'agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
9. Agreement Binding on Parties and HeIrs:, This agreement, except as otherwise'
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any Interest of the parties.
10. Agreement Not to be Merged: This agreement shall be Incorporated Into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall ,not
be merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law or In equity
under this agreement as an Independent contract. Such remedies In law or equity are specifically
not waived or released.
11. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12. Full and Final Settlement: WIFE and HUSBAND 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, titles, 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
4
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such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows'
or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right '/
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to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any oth!lr State, or any other Country, or any
rights which either spouse may have, or at any time hereafter have, for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, co~ts 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 before the breach of any 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
thereof, subject, however, to the Implementation and satisfaction of the condition precedent as
set forth herein above.
13. BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be 'responsible for any and ail costs incurred to enforce the Agreement, Including,
but not limited to, court costs and counsel fees of the other party. In the event of breach. the
other party shall have the right, at his or her election, to sue for dama~es for such breach or to
seek such other and additional remedies as may be available to him or her.
5
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PLAINTIFF'S
, EXHIBIT
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October 14, 1998
Donald E. Thoman, Jr.
67 Rustic Drive
Shippensburg, PA 17257-9461
Dear Mr, Thoman:
Your 1996 Ford Truck has been sold for the amount of $16,225.00.
The resulting deficiency balance is $7,594.99, which is still
your responSibility to pay.
The law states that we must give you 15 days to pay the loan in
full and we return the vehicle to you. Since you did not pay it
off within the allotted time, we had the legal right to sell it
for the highest bid that we received.
However, this does not absolve you of the responsibility for the
. account. The monies we received were applied to your account,
hence, the deficiency balance is still your responsibility and is
shown as an outstanding debt againet you at all Credit Bureaus,
Please contact me no later than October 24, 1998 to schedule an
appointment to discuss a repayment schedule. Please be advised
that if you do not make arrangements by this date your account
will be turned over to our attorney, Daniel 'WOlfson, to pursue
the re~overy of the monies due to the fullest legal extent. Also
be advised that any additional fees and costs incurred by our
attorney will also be at your added expense.
Sincerely,
'Georgia A, Bear
Vice Preeident
Collections Manager
GAB/kjv
CC/Daniel Wolfson
. Mary Crabill
File
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thomen Petition 10 Enforce MSA .,'.IJb October 15, 1999
DONALD E, THOMAN, JR"
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 98. 1393 CIVIL TERM
IN DIVORCE
vs.
KIMBERLY A. THOMAN,
DefendanURespondent
PETITION TO ENFORCE THE
MARITAL SETTLEMENT AGREEMENT
NOW COMES Donald E. Thoman, Jr., by and through his counsel, Flower, Flower &
Lindsay, P.C., and states as follows:
1. The parties hereto were married on October 25, 1995 and divorced by this
Honorable Court on August 5, 1998. Incorporated in the Decree in Divorce is a Marital
Settlement Agreement, a copy of which is attached hereto as Exhibit "A".
2. Paragraph 3 of the Marital Settlement Agreement called for Respondent to retain a
1996 Ford F-150 Truck which was tilled jointly, and to be fully responsible for any outstanding
obligation incurred for the purchase of the truck. Furthermore, Respondent indemnified and held
Petitioner harmless against any loss as a result of the loan held by Peopies State Bank.
3. Upon information and belief, Respondent defaulted on her obligation to Peoples
State Bank, and the truck was repossessed.
4. Upon information and belief, the deficiency balance was determined to be
$7,594.99, and Respondent entered into an agreement with Peoples State Bank to pay $200.00
on said balance each month. A copy of a letter provided to the Petitioner by Peoples State Bank
is attached hereto as Exhibit "B".
5. Upon information and believe, Respondent defaulted on her agreement with
Peoples State Bank.
Ihoman Pellllon 10 Enforce MSA '." Ijb Oclobor 15. 1999
6. On August 11, 1999, Petitioner received demand for payment for $6,194.99 due
and owing in addition to "reasonable" attorney's fees in the amount of 30%.
7, In response, counsel for Petitioner contacted Respondent's divorce counsel
requesting satisfaction of the obligation pursuant to the Marital Settlement Agreement. On
August 26, 1999, counsel for Respondent responded that he no longer represented Respondent.
A copy of the August 26, 1999 letter of Paul Orr, Esquire is attached hereto as Exhibit "C".
a. Demand continues to be made by the collection agent for Peoples State Bank,
Steven C. Courtney, Esquire, as most recently set out in his letter of September 27, 1999
attached hereto as Exhibit "D".
9. Paragraph 13 of Exhibit "A", the Marital Settlement Agreement, calls for the
payment of counsel fees and court costs in the event that a party breaches a term of this
Agreement.
WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to
show cause why she should not be compelled to pay the deficiency balance to Peoples State
Bank, and reasonable attorney's fees to Petitioner.
FLOWER, FLOWER & LINDSAY, P,C.
Attorneys fa/' Plaintiff
By:
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thornsn Petition to Enforce ,MSA .... IJb October 15, 1999
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correct.
understand that false statemen!s herein are made subject to the penalties of 18 Pa. C.S. ~ 4904,
relating to unsworn falsification to authorities.
~/ t. .#~f/
Donald E. Thd'man, Jr.
Date:
(':\wp.lJl\lhnmnn\m5..1 file '5.~R2.I)H.1I1 Murt'h 1lI,II)I)H
DONALD E. THOMAN, JR.,
~ ~ OR/~JfVAL
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
VS.
KIMBERLY A. THOMAN,
NO. sa. I $9'~
CIVIL TERM
Defendant
IN DIVORCE
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MARITAL SETTLEMENT AGREEMENT ~m p d;~
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THIS Agreement made this rP day of A PI<. / L ~8::1; ~~.~~998
;""c.: * "
- .".
by and between KIMBERLY A. THOMAN, of 332 Pine Grove Road, Gardrfars, &m~rland
County, Pennsylvania, hereinafter referred to as WIFE, and DONALD E. THOMAN, JR., of 67
Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as
HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been Joined in marriage on
October 21, 1995, in Glen Rock, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, to No. 98 - /3 93 ,Civil Term; and
WHEREAS, 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,
the settling of all matters between them relating to the ownership of real and personal property,
and in general, the settling of any and all claims and possible claims against the other or against
their respective estates.
EXHIBIT A
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NOW, THEREFORE, in consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency 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:
1. Advice of Counsel: The parties hereto acknowledge that each has been notified
of his or her right to consult with counsei of his or her choice, and have been provided a copy of
this agreement with which to consult with counsel. HUSBAND is represented by Carol J. Undsay,
Esquire, and WIFE, has been advised that she may be represented by counsel of her choice.
Each party acknowledges and accepts that this agreement is, in the circumstances, fair and
equitable, and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, and that execution of this agreement
is not the result of any duress or undue influence, and that it is not the resuit of any improper or
illegal agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute, ninety (90) days after the service of the Complaint in Divorce, Affidavits of Consent and
Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree
in Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
HUSBAND will retain the 1997 doubie-wide mobile home purchased by the parties
during their marriage, and WIFE will execute any and all documents to transfer to him all her right,
2
EXHIBIT A
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title and interest In said mobile home. HUSBAND will pay the balance of the loan for the purchase
of said mobile home to National Penn Bank, and shall Indemnify and hold WIFE harmless against
any loss as a result of ,said loan. HUSBAND will retain the 1980 Ford F-150 Truck, Th8'-fJ""lft..>
wIfE wd I ret-Ill'" ll~rp.tI. tv Ar..,,,,~ FV/..l-
~ree te eeel'srate-in IhA s."1la d the 1996 Ford F-150 Truck and t9 p~ frOIl. II,s 1=11 CS9i9S ef
Rl1SfM\I~'.1:- .f,.".
sals tl:le 1,.1 ;:;;l. '8f the outstanding obligation incurred for the purchase of the truck....- ill .I.~
FuIl'Tl..,H\a-e
~r~"""atl\'et ta 80r88 ~ a quall/h=d Lh,"isr t....~I,1"ll '"'VAT .~e fJdYIIIt'llliO:l 3r ssia \'8I-1fcle. lR-tl.~AlIlt
"",FE. A~,,-s ":1'I1J"t\1"if'l dwP h,d; H/lS6AND 114"lYIlerr A'Jlu',,9f An./ urs
th:~ iliA dR::~~~Ql1;-f tA-t~~~V~',~1IlS ~:.::91~~:~~e A;,~:O ~ eit.~r~ ~harfrlt:k~y ~
esltll II.." and Ehal~defl'lRlfy aRB hele! "",,,I, ullll:lI i ''''"l1less agalRst tf:1e BRS half. share of tAB
. rf~fI,..II:I"''''Y fenN~l~h ne or sne IS !laDle pur~UQl9t t... ~ Ie lvrMs Of tnls "'~l 'l;I~IIle;Jt.
The parties will retain their own checking accounts and employment benefits, if any.
4. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has
sufficient assets with which to maintain themselves after divorce.
5. Marital Debt: The parties have, in their own names, certain credit card accounts
which may include some marital debt. Each party will be responslbie for the debt on the credit
card accounts in his or her name. Each party will incur no debt for which the other may be liable,
and will Indemnify and hold the other harmless for any debt so incurred.
6. Custody: The parties are parents of Jacob Eugene Thoman, born July 16, 1997.
The parties shall share legal custody of said child. HUSBAND shall have primary physical custody
of said child, and WIFE shall have partial custody at such times as the parties can agree.
.1
EXHIBIT A
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7, Modification: No modification, rescission, or amendment of this agreement shall
be effective unless in writing signed by each of the parties hereto.
8. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
9. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
10. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this agreement as an Independent contract. Such remedies in law or equity are specifically
not waived or released.
11. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12. Full and Final Settlement: WIFE and HUSBAND 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, titles, 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
.
EXHIBIT A
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such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows'
or widowers' 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 a surviving spouse to participate In a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any other State, or any other Country, or any
rights which either spouse may have, or at any time hereafter have, for 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 or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or before the breach of any 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 rei ease 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
thereof, subject, however, to the implementation and satisfaction of the condition precedent as
set forth herein above.
13. BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court costs and counsel fees of the other party. In the event of breach, the
other party shall have the right, at his or her election, to sue for damages for such breach or to
seek such other and additional remedies as may be available to him or her.
$
EXHIBIT A
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DONALD E, THOMAN, JR"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
Plaintiff
VS.
KIMBERL V A. THOMAN,
NO, 98 - 1=313
IN DIVORCE
CIVIL TERM
Defendant
ORDER OF COURT
AND now, this.;;>D day of tv\('lC \'\ , 1998, upon consideration of the
attached M~tion, it is hereby directtW. that the parties and their respective counsel appear bef9.[e. L.
\~'cx--C: X, r..." Ira,-I , E:s.o , ,the concilia~r, at~~C'~~hFI. CUlil"IlI1<K..'(r<'I'crl1b.>flJU
0, rG.f:35OJ 'C'J on the YLI ~ day of 1010"-. , 1998, at tD '.. ~"
o'clock Q... m. for a pre-hearing custody conference. At suc conference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be
heard by the court, and to enter into a temporary order. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
For the Court,
By: li\.~ ~ ,,/, J-.lJbm~
Custody Conciliator ~ ,.)
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 Libert~' Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having businass before the court, please
contact our office. All arrangements must be made at least 72 hours prior to any hearing or business
before the Court.
By the Court,
."-
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The father of the child Is Donald E. Thoman, Jr., currently residing at 67 Rustic Drive,
Shippensburg, Pennsylvania.
He Is married.
4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently
resides with son, Jacob Eugene Thoman.
5. The relationship of the Defendant to the child is that of Mother.
The Defendant currently resides with Brett Archer, boyfriend.
6. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation concerning the custody of the child in this or another jurisdiction.
7. The Plaintiff has no information of a custody proceeding concerning the child pending
In a court of the Commonwealth.
8. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the child.
9. The best interest and permanent weifare of the child will be served by granting the
relief requested because:
a) The Plaintiff can best provide for the physical and emotional
needs of his child.
b) Since birth, Piaintiff has been a primary caretaker of his child.
10. Each parent whose parental rights to the child have not been terminated and the
person who has physicai custody of the child has been named as parties to this action.
2
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