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HomeMy WebLinkAbout03-0555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, Plaintiff, No. OJ - S'S oS c; U'l [ <-rE:fl- VS. JACQUELINE A. WILSON, Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt ac- tion. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, PA 17401 (717) 854-8755 Anstine & Sparler A'To,?NfYSA!LAw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, Plaintiff, No. vs. JACQUELINE A. WILSON, Defendant. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuetas en lad paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u ostros derechos importantes para usted. Cuando la base para el divorico es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OSTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Anstine & Sparler AITQ!?NEYS AT LAN Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telefono: (717) 854-8755 1- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, Plaintiff, No. 03 -..5 SS C;CJ~L~~ VS. JACQUELINE A. WILSON, Defendant. COUNT I - DIVORCE 1. The Plaintiff, Craig D. Wilson, is an adult individual whose mailing address is 10705 Allie Drive, Fredericksburg, Virginia, 22408. 2. The Defendant, Jacqueline A. Wilson, is an adult individual who resides at 714 Hill Top Drive, New Cumberland, Pennsylvania, 17070. 3. The Plaintiff has resided in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. The parties were lawfully married on August 15, 1998. 5. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request Anstine & Spar/er ArrO'?fllf''SAlLAw that the court require the parties to participate in counseling, however she declines said right. 6. The Plaintiff avers that the marriage is irretrievably broken and that the parties have lived separate and apart since October 28, 2002. 7. This action is not collusive as defined by the Divorce Code. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. COUBT II - EOUITABLE DISTRIBUTIOII 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth at length. 10. Plaintiff and Defendant have legally and beneficially ac- qui red property, both real and personal, during their marriage, all of which property is "marital property". 11. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this complaint and substantial portions of said property are in the exclusive control of Defendant. 12. Plaintiff requests the court to equitably divide, distribute or assign the marital property between the parties and to enjoin it from being removed, disposed of, alienated, sold or Anstine & Sparler ArrO?fllfl'SArLAw 2 otherwise encumbered pending final hearing and settlement of all claims. WHEREFORE, Plaintiff prays for the entry of an Order dis- tributing all of the marital property, real and personal, as the Court may deem equitable and just, plus costs. Respectfully submitted, ANSTINE & SPARLER Date: hbv/J. Uj Lj) ,J-ou3 Anstine & Sparler 3 Arro,?NEI'SA1LAw VERIFICATION The undersigned verifies that the statements made in the foregoing Divorce Complaint, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understood that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsifications to authorities. C~~~ Anstine & Sparler ArrollNfI'SATLAw N~ ~ ~ lJ - ~~ "- ~..o () ~9 - ---- ,..., ~ D !If ~ r-- () () C> Uv .c:: j ~ CI'l -..() ~- t~ ~ r'. ~ -;-",1 (') '-' ?::; --t; J ',::_} I. ( , - :.( ~.~ :-.1 CRAIG D. WILSON, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-555 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE JACQUELINE A. WILSON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property of other rights important to you, including the custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 CRAIG D. WILSON, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-555 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE JACQUELINE A. WILSON, Defendant ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, comes the Defendant, Jacqueline A. Wilson, by and through her attorney, Charles Rector, Esquire, and respectfully files the following Answer and Counterclaim to Divorce Complaint: Answer Count I - Divorce 1. - 5. Admitted. 6. Denied. Paragraph 6 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, it is denied that the marriage is at present irretrievably broken and further denied that the parties separated on October 28, 2002, and proof thereof is demanded. 7. Admitted. 8. Admitted. Count II - Eauitable Distribution 9. No answer required. 10.-12. Admitted. WHEREFORE, Defendant respectfully requests that your Honorable Court equitably divide all marital property, both real and personal as the Court may deem just and appropriate. Counterclaim Count I - Spousal Support and/or Alimonv Pendent Lite and Permanent Alimonv 13. The allegations in Paragraph 1 through 12 are incorporated herein by reference and made a part hereof. 14. Defendant is unable to sustain herself during the course of this litigation. 15. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 16. Defendant requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count 11- Counsel Fees. Expenses and Costs of Suit 17. The allegations of Paragraphs 1 through 16 are incorporated herein by reference and made a part hereof. 18. Defendant has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 19. Defendant has incurred and will incur costs and expenses in prosecuting this action. 20. Defendant is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 21. Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Defendant's reasonable counsel fees, costs and expenses. Date:~l I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. , ~.~Jj/~?I!1dMo -..j8c ehn . Wilson .v;J. Date: PU d/); t1.9 ~ - () ..c '#-'i 0 9--'" :08 -.... ~ ()J ~p:J J:::. ~ -0 -0 ~ -J ~~ ~ (") c s: -U(j) mer., Z,' I..' ZF 031:,: !0Ej )>r) 2:(".., Pc -;;;. ~ ,,) :.n \.D c.") <..J "71 ;""1 '_U 1'.) 0". ~r~ ~.. IC) ~. -~ (.l ~ ::,. ., ,,) =R ('5 /')rn ~::.~ ;n -< -~"''l ::]( o -n G In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JACQUELINE A. WILSON ) Docket Number 03-555 CIVIL Plaintiff ) 'IS. ) PACSES Case Number 182105294 CRAIG D. WILSON ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A CONFERENCE You, CRAIG DOUGLAS WILSON plaintiff/defendant of 10705 ALLIE DR, FREDERICKSBURG, VA. 22408-2094-05 28TH DAY OF MAY, 2003 at 10: 3 OAM for a conference, afte whicll the are ordered to appear at CUMBERLAND CO DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on the conference officer may recommend that an order be entered. This date replaces the prior conference date of MARCH 10, 2003 You are further required to bring to the conference: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-513 Worker ID 21205 . "- _$, 11 VlNVAlASNN3d AlNnoO C\'\rI1H381"lna g'1 :t: lid 9 Z CldV [0 llJ',,1' <", ''', ' , ^O vl()r'J!'--lf;';',_~<:;;= 30i.~:!()"{j]'.I,:i ~o WILSON V. WILSON PACSES Case Number: 182105294 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order:APR 2 8 200'- 7' /9. 4.. K.Ft//h j.L lft":$ S JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. xc. C'M,u, "-- e{h, ~P-< r fcUwu.b; ,$i,'.J.:~ f1r~ Service Type M Form CM-513 Worker ID 21205 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JACQUELINE A. WILSON ) Docket Number 03-555 CIVIL Plaintiff ) vs. ) PACSES Case Number 182105294 CRAIG D. WILSON ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A CONFERENCE You, JACQUELINE A. WILSON plaintiff/defendant of 714 HILLTOP DR, NEW CUMBERLAND, PA. 17070-1735-14 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 are ordered to appear at CUMBERLAND CO DRS before a conference officer of the Domestic Relations Section, on the 28TH DAY OF MAY, 2003 at 10: 30AM for a conference, after whIch the o conference officer may recommend that an order be entered. This date replaces the prior conference date of MARCH 10, 2003 You are further required to bring to the conference: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-513 Worker ID 21205 ,- " VINW\1)$NN3d I lN1nn') 01\:...r)J::;q/tVno I\J... -.....' \., . ,..' .. '" ..; '~_,' ....., . l "I n I.' "':;t \,' "4 1""'" b,:(., i-)f.rGdlft;U J.l :30 WILSON v. WILSON PACSES Case Number: 182105294 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: ~. ,;. ~~S hL Date of Order: APR 2 8 2003. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT 'YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. xc {l,{"AE<-L>4cps f7"7~ . 7~nL~ *cLJ<<, ~ Service Type M Form CM-513 Worker ID 21205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, : Plaintiff, . No. 03-555 . VB. : . Civil Term . JACQUELINE A. WILSON, . . Defendant. . . AFFIDAVIT OF SERVICE BY CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF YORK Before me, the subscriber, a Notary Public in and for said County and Commonwealth, personally appeared Craig D. wilson, Plaintiff, in the above action, who being duly sworn according to law, deposes and says that he served the Complaint in the above matter on Jacqueline A. wilson, the Defendant, by mailing to her, by certified mail, return receipt requested, a true and correct copy thereof on the lOth day of February, 2003; that attached hereto are the mailing receipt and return receipt therefor; that said return receipt has been signed by the Defendant personally on February 19, 2003, and that the signature contained hereon is verified to be that of Jacqueline A. wilson. Anstine & Sparler AI.'<WNfI'SA'V,'N to ay 3. C, -1~ Wvf-, Craig A.S wilson Sworn and befoj::..,e me of 0 (.)L NoIartaI Seal KrIs1eI SlambaUQIi, Nolary PublIc CilyOfYOI1<, YorkCllunly My CommiSSIOI'I Elqlim May 10. 2007 Member. Penns-,4vania AssociItion Of Notaries " II. U S Postdl Service CERTIFIED MAIL RECEIPT (Domestic Mall Only No Insurance Cove/age P/Ovlded) LrI I"- '" CJ Postage $ t:J LrI ~ ~ Certified Fee Return Receipt Fee dorsement Required) Restricted Delivery Fee (Endorsement Requll'9d) L u Pl)stmark He.. \ ) /D.03 PS Form 3800 Jallu<lry 2001 See Revel S8 for Instructions " . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and addreas.on the reverse 80 that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. ArtIcleAddrassed to: Jac~()..tll~ A, \\f~lw,^ ~lL\ !-IiI l l2>\) D('\J.e., N tw Cuw. bw'W PA J ::to=?O Anstine & Sparler AcrollNfYSArLAw 2. Article Number (Tr8nsfer from service label) PS Form 3811 , August 2001 7001 1940 0007 4650 0875 102595.02.M~ 3, ~ice Type CertHied Mail 0 Express Mail RegiErtered 0 Return Receipt for Merchanche o InsunKl Mail 0 C.O.D. 4, RIstrIctlld DoIlvety? (ExtrlI Fee) "Yes Domestic Return Receipt . ( I ( ( o ~~ -r) i'~~' (2)(:' ~;: ~.I o -,~ ~~ >.. 2:. ~; c.., 0 ,-'> -rl '- :',~l c::; -, -,- .. f'-' ,on \.:1 , (; " " -q i:-) ,.0 in - :::> ._-;. ::CI (~ -< CRAIG D. WilSON, : IN THE COURT OF GOMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-555 CIVil TERM JACQUELINE A. WilSON, : CIVil ACTION - LAW Defendant/Petitioner : IN DIVORCE PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE AND FOR PA YMENT OF THE FIRST MORTGAGE OBLlGA TION AND NOW, comes the Petitioner, Jacqueline A. Wilson, by and through her attorney, Charles Rector, Esquire, and respectfully represents the following: 1, Petitioner is Jacqueline A. Wilson, Defendant in the above-captioned divorce action. 2. Respondent is Craig D. Wilson, Plaintiff in the above-captioned divorce action. 3, Petitioner and Respondent were married on August 15, 1998, 4. On or about November of 2002, Respondent vacated the marital home and moved to Springfield, Virginia and then filed for divorce, on February 5, 2003. 5. On or about July 8, 2003, Petitioner vacated the marital home with her two children from a previous marriage. 6. The second mortgage obligation in the approximate monthly amount of $208 continues to be paid by Petitioner and is current. The, parties' first mortgage obligation with an approximate monthly amount of $1476 is delinquent. The August and September 2003 payments are due and owing. The current delinquency is approximately $2952. 7. Petitioner, in an effort to preserve the marital residence from foreclosure, enlisted the services of Century 21 Realtors in August 2003, and requested that Respondent sign the listing agreement. Petitioner believes, and therefore avers, that Respondent has failed and refused to sign the listing documents as requested and has failed to contact the realtor. 8. Petitioner, in an effort to attempt to preserve the marital residence from foreclosure pending sale, hired Dan Borman. CPA of New Cumberland, Pennsylvania, who prepared joint tax returns for the parties for the tax yealr 2002, which return provides for a Federal refund which totals $7.507. These returns were provided by Petitioner to Respondent in June 2003 with the request that the federal refund be escrowed and applied to the mortgage payments pending sale. 9. To date, Respondent has failed and refused to cooperate in filing the tax returns and/or agreeing to escrow the federal refund. 10. Until such time as the marital residence is sold, the parties' Federal tax refund for the year 2002 should be applied to the first mort~,age obligation. WHEREFORE, Petitioner respectfully requests that this Court enter an Order requiring Respondent to immediately cooperate in the listing of the marital home for sale and in the interim, to Order Respondent to file the parties' joint tax returns for the year 2002 and further Order that said proceeds be applied as payment of the monthly mortgage obligations pending sale of the property. RESPECTFULLY SUBMITTED: Date: 4) 51 Q) r~~~-7 Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Petitioner I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. Section 4904, relating to unsworn falsification to authorities. Date: ~/ ~/ Q0 .~(\ - ~ CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the ~ u day of September 2003, I caused a true and correct copy of the within Petition for Special Relief to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid. in Camp Hill, Pennsylvania: Kenneth J. Sparler, Esquire Anstine & Sparler 117 E. Market Street York, PA 17401 Date:~ c. ~~ By: X\{h . _ Charles Rector, EsqUire 1104 Fernwood Avenue, Ste, 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Petitioner 0 C:J c~ C (".) ;;::.- ::.n , -0 r,U '.1 , (Tl I I (J " .;:;.. -.r ./-. 0'; " (fJ -< ' , r::> I, -' , 0, ~~ --rJ ~d ( C) ~:::.. C rn "j; c:: .,>." Z '"'-.) -"'- S!. 'j:J ( J1 -< Anstine & Sparler Ar,''-WN''.2A,Low IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUIITY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, . . . . Plaintiff, No. 03-555 VS. Civil Term JACQUELINE A. WILSON, Defendant. RESCHEDULING ORDER AND ROW, TO WIT, this ~ day of ~ , 2003, with the concurrence of both counsel, the hearing scheduled in the above-referenced matter for September 25, 2003, commencing at 11:30 a.m. is hereby continued until October 13, 2003, at 1:30 p.m. in Courtroom No. 2 at the Cumberland County Courthouse, Carlisle, Pennsylvania. " .~ ~. J. ~', ~ , ~\-. - ~ ~ r ~ e --, f:> --<-J l' . ~ ~_f'. r' (-) ~ f' I ~ (. f*) ~0 :") \. ).., -\>-) N~., , " '" t., '. ..~ _J .",-, . -;:. ..:.'~,) CRAIG D. WILSON, Plaintiff/Respondent V. JACQUELINE A. WILSON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0555 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of October, 2003, following a hearing on a petition by Jacqueline A. Wilson for special relief against Craig D. Wilson, IT IS ORDERED that the parties shall sign a listing agreement for the marital residence with Century 21 in the amount of $218,888.00. If the home sells and there are any proceeds following the payment of all costs of sales and liens, and the parties are not able to determine the distribution of the proceeds at that time, the funds shall be placed in escrow pending further order. ~enneth J. Sparler, Esquire For Plaintiff/Respondent ~Charles Rector, Esquire For Defendant/Petitioner prs By " -l ~.l )(5 }O-/Y-(13 CRAIG D. WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JACQUELINE A. WILSON, DEFENDANT 03-0555 CIVIL TERM ORDER OF COURT: AND NOW, this' t t day of October, 2003, on the petition for special relief by Jacqueline A. Wilson, IT IS ORDERED that the parties' federal tax refund of $7,507 shall be placed in escrow with counsl31 pending further order of court. The parties shall sign any papers necessary to effectuate this result. If the parties' martial home has not been sold and the first and second mortgage satisfied within fifteen (15) days of the date in which the mortgagee can institute a foreclosure proceeding, wife can file a further petition before this judge for additional relief. ~- By t -Court, /Kenneth J. Sparler, Esquire 117 East Market Street York, PA 17401 For Craig D. Wilson vtharles Rector, Esquire For Jacqueline A. Wilson > r~~ L-~fl \~ 10-/3-03 :sal 1;'iN\~P\1'\SNN3d AIf\}r~r:,"'j i'-':<:""')).!::::=:f~JnO II :~ Wd t 11JO SO 1lJVi(',.. ""u) 1\0(....._,1',...., .., '.....:l 3~)jJ.:'D,.,,(JT'li:,! Anstine & Sparler ATTORNEYS Ar LAw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAlr CRAIG D. WILSON, Plaintiff, No. 03-555 vs. Civil Term JACQUELINE A. WILSON, Defendant. NOTICE TO THE DEFElvDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDA vrr UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on October 28, 2002 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. Anstine & Sparler ATTORNEYS AT LP.v.- I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. :Section 4904 relating to unsworn falsification to authorities. Dated: beJ.e-\'V\~ J.1. l.oo~ ~ ~W:.~I Craig iJ Wilson 2 (") ~:; "T.1 ~:;; rr'p -7...... ...... .^ :.:~ f .- ~,;J:. r:' t',. :& -- -?-c ...,.. ( , j; r:--= 2~ -, -.... f'o,.) ~ = .s;- o J"T1 n N en o -n ~ mfIJ -om :iJr' O( , --1-' :.1= :ri ()-:... '''",f.,.; 8m .--1 ,-' "';.:) -< ""':' ::-.:: ~ c..n (.,.) AJo. 0.3 ~ 565 ~~/ (!/~ PROPERTY SE'l''l'LEMENT At';REEMEN'l' THIS AGREEMENT made thiS.......?lD oJt day of 2004, by and between Craig D. Wilson, of Virginia, hereinafter referred to as "Husband", and Jacqueline A. Wilson, u:: New Cumberland, Pennsylvania, hereinafter referred to as "Wife". WIT N E SSE T H : WHEREAS, Husband and Wife were lawfully married on August 15, 1998; and WHEREAS, no children have been conceived of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, both of the parties are gainfully employed and ablt:, to meet their reasonable needs for their own self-support and maintenance now and in the future; and WHEREAS, both parties wish to waive any right or obligation which they may have for their support and maintenance by the other party; and WHEREAS, both parties agree to relinquish any and all claim;, nstine & Sparler ArrORNfYSATLAw which either may have against any property now owned or belonginq ll1stine & Sparler AnORNEYSAf LAw to the other or which may hereafter be acquired by either of them by purchase, gift, devise bequest, inheritance and otherwise, except as to the obligations, covenants and agreements contained herein; and NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowl- edged, the parties being separately advised and represented by counsel, mutually agree as follows: 1. DESCRIPTIVE HEADINGS: The dpscriptive headings used herein are for convenience only. They shall have no effect what- soever in determining the rights or obliqations of the parties. 2. SEPARATION: It shall be lawful for each party at aL_ times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on tlw part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each of the parties shall be entitled to contract, carryon and en<;rage in any employment, business or trade which either may deem fit, free from control, ") restraint or interference, direct or indirect, by the other, in al_ respects as if such parties were unmarried. 3. INTERFERENCE: Each party shall be free from interfer- ence, authority and contact by the other, as fully as if he or ShH were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Nei ther party shall molest the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. Neither party shall compel or seek to compel the other to associate, cohabit or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever. 4. WIFE'S DEBTS: Wife represents and warrants to Husband. that since the separation she has not and in the future she wil~ not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. ,nstine & Sparler ATTORNEYS AT LAw j 5. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he wil:. not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. FULL DISCLOSURE: Each party has had a full and complete opportunity to make independent inquiry into the financial circum- stances of the other party and has been informed of the income, assets, property and financial prospects of the other to the extent that the same is desired. The attorney for each party ha:) explained the right of further financial disclosure and procedures, and each of the parties has expressly waived the further exercise of those rights and is content to rely solely upon the disclosure as made. Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be a basis for invalidating or changing any of the terms of this agreement and is content, nevertheless, to proceed on the basis of knowledge as it. presently exists. 7. DESIRE OF THE PARTIES: It is the desire of the parties after long and careful consideration, to amicably adjust, compro- mise and settle all property rights and all rights in, to or nstine & , Sparler AlTOf?NEYS AT LAw :J Lnstine & Sparler ATTORNEYS AT LAw against each other's property or estate, including property heret()- fore or subsequently acquired by either party, and to settle aLe disputes existing between them, including any and all claims for Wife's (and/or Husband's) maintenance and/or for support, alimony, counsel fees, expenses, costs, custody and equitable distribution. 8. DIVISION OF PERSONAL PROPERTY: The parties have divide(i between them, to their mutual satisfaction, the personal effects, -household furniture and furnishings, and all other articles 0:: personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the partie::: each agree to sign an~l ti tIes or documents necessary to give effl~ct to this paragraph upon request. Husband waives any right, claim or interest that he may have in the horse and Wife will be the sole and exclusive owner of same. 9. REAL PROPERTY: The marital H:sidence has been sold. The net proceeds of $4,635.00 has been divided equally between the parties. Neither party shall make a~y claim for any further distribution. rj lnstine & Sparler ArrORNEI'SArl.Aw 10 . MISCELLANEOUS FINANCIAL ACCOUNTS: Husband agrees t<) pay the balance of $3,500.00 outstanding on the Visa Gold credit card directly to Visa within ninety (90) days. Wife agrees tel provide all documentation to counsel for Husband so that thi~; account can be paid. Mr bal~ce du~i11 OtCCG~ of 03, SEl'J. on Dll t.he TyT';'.:>O -€o.Ld snall L~hp W,i -Fp' S rp'~p()1)C:; oj 1 j ty. If th2 \;?:a.lahc\~ .dJ.l.e-- UH ..th~ card .;..! lc;:)~.J;;1 $-3, 51) Q ;-&O~. - tn9R tf:J.? i'lmOllnr ChlP i ,~ ...rb it Im.!bo..ud ~ 11 ni'l Y The parties received a tax refund for $8,385.00, which is presently being held in escrow by counsel for Husband. Husband and Wife have each received a check in the amount of $2,317.53 representing half of the proceeds of the rea~ estate. Wife shall receive 60% of the ~ax escrow and 60% of thp proceeds from the real estate or rn, 812.04. Since Wifp previously received half of the proceeds of the house of $2,317.53, she is entitled to the balance of $5,494.50, which shall be paid from the escrow account upon receipt of her Affidavit of Consent, Waiver of Notice, the signed Property Settlement Agreement and any other documentation necessary for Husband to payoff the Visa debt. Husband shall recei ve thE~ balance of the escrow account. 11. SEPARA~ ASSETS: The parties hereby agree that, as tel all assets not specifically mentioned he:cein which are presently I:; titled in the sole name of one of the parties hereto, or, 1-- untitled, are presently in the sole possession of one of th~ parties hereto, the party not having title thereto or possessioll thereof, hereby waives, releases, relinquishes and forever abandon~) any and all claims therein and acknowledges that the party havinq title or possession of such item or it(~ms shall be the sole and exclusive owner thereof. 12. AFT.ER ACQUIRED PROPERTY: Each of the parties shaL_ hereafter own and enjoy independently of any claim or right of thE~ other, all items of property, be it real, personal or mixed, tangible or intangible, which are hereaft'~r acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 13. EQUITABLE DISTRIBUTION: The parties have attempted t() distribute their marital property in a manner which conforms to the criteria set forth in Section 3301 of the Pennsylvania Divorce Code, and taking into account the following considera-- tions: the length of the marriage; the age, health, station, amount and sources of income; the fact that it is the first marriage for the Husband and the second marriage for Wife; contribution of each party to the education, training or nstine & , Sparler ATTORNEYS AT LAw -7 increased earning power of the other party; the opportunity uj: each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; tlw contribution of dissipation of each property, including the contribution of each spouse as a homE=maker; the value of thE' property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not consti tuting marital property. The division of property under this Agreement shall be in full satisfaction of all marita;_ rights of the parties. 14. SPOUSAL SUPPORT: Husband shall continue to pay spousa~_ support which shall be considered fully tax deductible alimonv and shall be included as income to Wife in the amount of $755. Of) per month through November 1, 2004. Hu~;band reserves the right to pay the aforesaid sum in a lump sum payment, said paymentEi nstine & Sparler ArrORNfYSATU1W H shall be fully deductible to Husband and includable in Wife'~; income. 15. ACCEPTANCE: Each of the parties acknowledge that tlw provisions of this Agreement provide for their respective support and maintenance and that the provisions are fair and adequate and satisfactory to each of them. Upon that provision, each of tlw parties accepts the provisions in lieu of and in full and fina:_ settlement and satisfaction of any claim, interest or demand that he or she may now have or hereafter have against the other spouse for their respective support and maintenance for themselves, fOJ: alimony, alimony pendente lite, counsel fees, or for any other provision for his or her support or maint<3nance. 16. WAIVER OF CLAIMS AGAINS'l' ESTATES: Except as here in otherwise provided, each party may dispose of his or her propert~l in any way and each party hereby waives and relinquishes any and all right he or she may now have or hereafter acquire, under thp present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the mari ta:_ relationship, including without limitation, dower, curtesy, statu- tory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other and right to act a~i administrator or executor of the other' s ,~state, and each will, at ,nstine & Sparler ATTORNEYS AT LAw <} the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry int<l effect this mutual waiver and relinquisrunent of all such interests, rights and claims. 17. DIVORCE: Husband, at his own cost and expense, shal: obtain a divorce under Section 3301(c) of the Divorce Code of 1980, as amended, and Wife shall, upon execution of this Agreement, execute any and all documents necessary and requisite to enable him to proceed in this manner. Each of the parties shall be responsible for payment of their own counsel fees incurred for their representation. Neither party shall make claim against thE~ other for contribution toward payment cf counsel fees, costs or expenses of the other. 18. ADDITIONAL INS'I'RTJ:MENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that mav be reasonably required to give full force and effect to the provisions of this Agreement. 19. AGREEMENT TO BE INCORPORATED J:NTO DIVORCE DECREE: Thp. parties agree that the terms of this Aqreement shall be incor- porated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Plea~) ,nstine & Sparler Ano,,"EYSA! LAw 1 ( ) which may enter such Divorce Decree shall retain continuing juris-- diction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 20. ENFOR.C:E:MENT OF AGREEMENT: It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either ::Iusband or Wife in Equity, and the parties agree that if an action to enforce this Agreement is brought in Equity neither party will make an objection on thf-O alleged ground of lack of jurisdiction of the court because there is an adequate remedy at law. The parties do not intend or purport to improperly confer jurisdiction on a court in Equity by this Agreement but they agree as provided herein for the forum of equit'l in mutual recognition of the general jurisdiction of courts in Equity over agreements such as this one. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in speci f i(~ consideration of the other provisions and covenants of thi~) Agreement, each shall waive any right to a jury trial so as to expedi te the hearing and disposition of such case and so as to avoid delay. ,nstine & Sparler ArrORNEVS Ar LAw 1 ' "- -- Each party hereby agrees to pay all attorney's fees and costs of litigation that the other spouse may sustain or incur ill any way whatsoever as a consequence of any default or breach by thf~ other spouse of any of the terms or provisions of this Agreement; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or ill part, before such liability may be imposed. It is the specific agreement and intent of the parties that a breaching or wrongdoin(] party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well a~i the other party in endeavoring to protect and enforce his or her rights under this Agreement. For enforcement purposes of any term~) of this Agreement, parties specifically acknowledge that thE~ February 12, 1988 amendments to the Divorce Code of 1980 apply to this Agreement, including, but not limited to, Section 3105. 21. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledge~ that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 22. INDEPEN'I1E:NT COVENANTS: Each of the respective right~) and obligations of the parties hereunder shall be deemed indepen- nstine & , Sparler ArrORNEVSAru.w L~ nstine & , Sparler ArrORNEYSArLAw dent and may be enforced independently irrespective of any of thE" other rights and obligations set forth herein. 23. DUPLICATE COPIES: The partil?s hereto agree that thE~ within agreement shall be executed by them in duplicate originaL) and the fully executed document shall be held by their respectivE' counsel. 24. DATE OF EXECU'l'ION: The "Date of Execution" or "Execu- tion Date" of this Agreement shall be defined as the date upon which it is executed by the parties, if they have executed thi~) Agreement on the same date. Otherwise, the "Date of Execution" or "Execution Date" of this Agreement shall be defined as the date 0:: execution by the party last executing this Agreement. This Agree-- ment shall be signed in quadruplicate with each copy acting in ful~_ force and effect as an original. 25. VOID CLAUSES: If any term, condition, clause or provi- sion of this Agreement shall be determinl=d or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and 111 all other respects this Agreement shall be valid and continue 111 full force, effect and operation. 1 ~ .. 26. BINDING EFFEC'l': Except as otherwise stated herein, aL_ provisions of this Agreement shall be binding upon the respecti v.~ heirs, next of kin or personal representative of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hand:, and seals the day and year first above written. ~y~t3~ WITNESS ~~u0'1fl~ ~ . ~AL. W T~ ~ue e A. Wi son cflP- ck1{lq ;-"c MuJ JdIL dtt~~ ~ lW-if ~. ~.- V~ (SEAL~ Crai~r Lnstine & Sparler ArrORNfYSArLAw 1 Lj n r--,:, (') c.., c- <:0..--, oj c...., <- --1 ~- T :-rl m~"." !"n -~ ~--.. -r, '"rOO " , -,: . <-::I ( , a : '" I " C) r- " 'T- 1 -;.:: , -. -:J ; , ') -- I r' " ":> :'2 ;:1 OJ ..< IN THE COURT OF COMMON PLEAS OF CUMBE~.ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAl~ CRAIG D. WILSON, Plaintiff, No. 013-555 vs. Civil Term JACQUELINE A. WILSON, Defendant. DE:FENDANT'S COUNTER-AFFIDAVI~T UNDER ~3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. \~ I oppose the entry of a divorce decree because: (Check (i), (ii) or both) : (i) The parties to this action have not lived separate and apart for a peeiod of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. ~) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. Anstine & Sparler ATTORNtYSATLAW I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in wri ting and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the stateme~ts made jn this counter-affidavit are true and correct. I understand that false sta+:ements herein are made subject to the penalties of 18 Pa.C.S. 14904 relating to unsworn falsification to authorities. Date: of-)D~OC_~J~ NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVI~~. 4.nstine & Sparler ATTORNEYS AT LAw 2 :.,.,.. " \\ 1i;.1'i !.li,tJ \, V, . ,.'Mt.:.. t, j ., "'" ;;; \.c' ~:~" r;r!;: 1":-;', :.:'~ ~. ~:>. ~~~; 4 , :~(: n ?~~ " , . 'W' t--~ C:.> r;:.:> <:fI <- ..'''!>> Z: o ..., .~ .'\:,1 rn.= ..,-.p~ :t~ ~-i ~C) ...,~-1", ~1\~1 ~; \ C> '""'I:) ...-.... -~.~ ./, CP - ~ nstine & , Sparler Am?"."f:O~,A]LAI\' ~ glo~ ~&1~ lUo. 0.3 -565 ;;~JJ/~~/1~Ad ( ~cL PROPERTY SE';~T AGREEMENT THIS AGREEMENT made this...?tD cUt wtfl Fa fax, Virginia, day of 2004, by and between Craig D. Wilson, of hereinafter referred to as "Husband", and Jacqueline A. Wilson, oj: New Cumberland, Pennsylvania, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 15, 1998; and WHEREAS, no children have been conceived of this marriage; and WHEREAS, differences have arisen between Husband and Wife ill consequence of which they have been separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, both of the parties are gainfully employed and ablE' to meet their reasonable needs for their own self-support and maintenance now and in the future; and WHEREAS, both parties wish to waive any right or obligatioll which they may have for their support and maintenance by the other party; and WHEREAS, both parties agree to relinquish any and all claims which either may have against any property now owned or belonginq to the other or which may hereafter be acquired by either of them by purchase, gift, devise bequest, inheritance and otherwise, except as to the obligations, covenants and agreements contained herein; and NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and , , sufficient consideration, the receipt whereof is hereby acknowl- edged, the parties being separately advised and represented by counsel, mutually agree as follows: 1. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect what- soever in determining the rights or obligations of the parties. 2. SEPARATION: It shall be lawful for each party at aL times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the ~ causes leading to their living apart. Each of the parties shall be entitled to contract, carryon and engage in any employment, business or trade which either may deem tit, free from control, lstine & SparZer Arr~",lAw ;! ~ nstine & Sparler ArTOIIr>fI'$A'i.A-W II restraint or interference, direct or indirect, by the other, in al_ respects as if such parties were unmarried. 3. INTERPERENCE: Each party shall be free from interfer- ence, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry Dut the provisions of this Agreement. Neither party shall molest the other, or in any way harass or malign the other, nor in an~ way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. Neither party shall compel OJ: seek to compel the other to associate, cohabit or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever. 4. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she wiL not contract or incur any debt or liabi1:l ty for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. , " ~ nstine & Spar/er Ano,:wH'SAT(..oW 5. HUSBAND'S D'liIBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he wiL not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. roLL DISCLOSURE: Each party has had a full and complete opportunity to make independent inquiry into the financial circum- stances of the other party and has been informed of the income, assets, property and financial prospects of the other to the extent that the same is desired. The attorney for each party has explained the right of further financial disclosure and procedures, and each of the parties has expressly waived the further exercise of those rights and is content to rely solely upon the disclosure as made. Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be a basis for invalidating or changing any of the terms of this agreement and is content, nevertheless, to proceed on the basis of knowledge as it presently exists. 7. DESIRE OF T.HE PARTIES: It is the desire of the parties after long and careful consideration, to amicably adjust, compro- mise and settle all property rights and all rights in, to or 'j ~ lnstine & Spar/er ArTOiIrIEYSnUw against each other's property or estate, including property hereto- fore or subsequently acquired by either party, and to settle aL disputes eXisting between them, including any and all claims for Wife's (and/or Husband's) maintenance and/or for support, alimony, counsel fees, expenses, costs, custody and equitable distribution. 8. DIVISION OF PERSONAL PROPERTY: The parties have di viderl between them, to their mutual satisfaction, the personal effects, 'household furniture and furnish,mgs, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband waives arty right, claim or interest that he may have in the horse and Wife will be the sole and exclusive owner of same. 9. REAL PROPERTY: The marital residence has been sold. The net proceeds of $4,635.00 has been divided equally between the parties. Neither party shall make any claim for any further distribution. :) ~ ,nstil1e & Spar/er A~Ar/.Aw 10. MISCELLANEOUS FINANCIAL ACCO~: Husband agrees to pay the balance of $3,500.00 outstanding on the visa Gold credit card directly to Visa wi thin ninety (90) days. Wife agrees til provide all documentation to counsel for Husband so that this account can be paid. AiFrT oaJ.<!mee. J"" iI, e.J[ee33 of OJ, S8Q. (\0 on t.he 't.{~,;jo. eU.~u snaIl L~+-no. Ni-Fo's rp.~p(*H"lcdn;l';ty# If tk^ ~~lahcH ..c:i.1Jr.€:. V.L~ th.:.. \,.;dLU ~~ ll;;~~iln $~. l;I'IQ.--&O'="-_thL":\R tn.? :='\mnl1nt rlnp i~~ . ....J}., J t IItl~bl;,.l.ud ~ 11 n;::! y The parties received a tax ~efund for $8,385.00, which is presently being held in escrow by counsel fOl: Husband. Husband and Wife have each received a check in the amount of $2,317.53 representing half of the proceeds of the rea~ estate. Wife shall receive 60% of the tax escrow and 60% of th~ proceeds from the real estate or :?7, 812.04. Since Wi fE~ previously received half of the proceeds of the house of $2,317.53, she is entitled to the balance of $5,494.50, which shall be paid from the escrow account upon receipt of her Affidavit of Consent, Waiver of Notice, the signed Property Settlement Agreement and any other documentation necessary for Husband to payoff the Visa debt. Husband shall receive thE' balance of the escrow account. 11. SEPARATE ASSETS: The parties hereby agree that, as to all assets not specifically mentioned herein which are presently (; ~ nstine & , Sparler A"ORNfYSArL<w titled in the sole name of one of the parties hereto, or, l;' untitled, are presently in the sole possession of one of thp parties hereto, the party not having title thereto or possession thereof, hereby waives, releases, relinquishes and forever abandon,; any and all claims therein and acknowledges that the party having ti tle or possession of such item or items shall be the sole and exclusive owner thereof. 12. AFT.ER ACQUIRED PROPERTY: Each of the parties shal :,. hereafter own and enjoy independently of any claim or right of the other, all items of property, be it real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he OJ: she were unmarried. 13. EQUITABLE DISTRIBUTION: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3301 of the Pennsylvanid Divorce Code, and taking into account the following considera-. tions: the length of the marriage; the age, health, station, amount and sources of income; the fac,: that it is the first marriage for the Husband and the second marriage for Wife; contribution of each party to the education, training or ., ~ increased earning power of the other party; the opportunity 01' each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; thE' contribution of dissipation of each property, including the contribution of each spouse as a homemaker; the value of tlw property set apart to each party; the standard of living of the , parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected wi thoul: the introduction of outside funds or other property not: constituting marital property. The division of property under this Agreement shall be in full satisfaction of all maritac. rights of the parties. 14. SPOUSAL SUPPORT: Husband shall continue to pay spousa:_ support which shall be considered fully tax deductible alimony and shall be included as income to Wife in the amount of $755.0il per month through November 1, 2004. Husband reserves the right: to pay the aforesaid sum in a lump sum payment, said payments nstine & Sparler A"~"NLow H ~ ,nstine & Sparler AnOQl\FfS~li-">" shall be fully deductible to Husband and includable in Wife':; income. 15. ACCEPTANCE: Each of the parties acknowledge that the provisions of this Agreement provide for their respective support and maintenance and that the provisions are fair and adequate ann satisfactory to each of them. Upon that provision, each of the parties accepts the provisions in lieu of and in full and fina~ settlement and satisfaction of any claim, interest or demand that he or she may now have or hereafter have against the other spouse for their respective support and maintenance for themselves, for alimony, alimony pendente lite, counsel fees, or for any othel: provision for his or her support or maintenance. 16. WAIVER OF CLAIMS AGAINST ESTA~S: Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or hereafter acquire, under thp. present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the maritac. relationship, including without limitatio:Cl, dower, curtesy, statu- tory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the o':her and right to act ao; administrator or executor of the other's estate, and each will, at <J ~ ,nstine & Sparler An-OI'INFIS1JLo.w the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry intI) effect this mutual waiver and relinquisronent of all such interests, rights and claims. 17. DIVORClil: Husband, at his own cost and expense, shaL obtain a divorce under section 330l(c) of the Divorce Code of 1980, as amended, and Wife shall, upon execution of this Agreement, execute any and all documents necessary and requisite to enable him to proceed in this manner. Each of the parties shall be responsible for payment of their own counsel fees incurred for their representation. Neither party shall make claim against the other for contribution toward payment of counsel fees, costs or expenses of the other. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. AGRE1!JMENT TO BE INCORPORATED INTO DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incor- po rated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas III t nstine & , Sparler AIT~/!1.Aw which may enter such Divorce Decree shall retain continuing juris-. diction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 20. ENFORCEME:NT OF AGREl!:MEN'T: It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties agree that if an action to enforce this Agreement \ is brought in Equity neither party will make an objection on UlfO alleged ground of lack of jurisdiction of the court because there is an adequate remedy at law. The parties do not intend or purport: to improperly confer jurisdiction on a court in Equity by thiEi Agreement but they agree as provided herein for the forum of equi t'J in mutual recognition of the general jurisdiction of courts ill Equity over agreements such as this one. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event: it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of thi:; Agreement, each shall waive any right to a jury trial so as to expedi te the hearing and disposition of, such case and so as to avoid delay. 1 --'. .~ ~ nstine & , Sparler An~vs~rLAw Each party hereby agrees to pay all attorney's fees and costs of litigation that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before such liability may be ~mposed. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well a,; the other party in endeavoring to protect and enforce his or hel: rights under this Agreement. For enforcement purposes of any term,; of this Agreement, parties specifically acknowledge that t)1" February 12, 1988 amendments to the Divorce Code of 1980 apply to this Agreement, including, but not limited to, Section 3105. 21. VOLUNTARY EXECUTION: The provisions of this Agreement: are fully understood by both parties and each party acknowledge" that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 22. INI:JEPENDE:NT COVENANTS: Each of the respective right" and Obligations of the parties hereunder shall be deemed indepen- l? i nstine & , Sparler A11OIlMYl"AIU.W dent and may be enforced independently irrespective of any of thE~ other rights and obligations set forth herein. 23. DUPLICATE COPIES: The parties hereto agree that the within agreement shall be executed by them in duplicate originals and the fully executed document shall be held by their respective counsel. 24. DATE OF EXECUTION: The "Date of Execution" or "Execu- , tion Date" of this Agreement shall be defined as the date upon Which it is executed by the parties, if they have executed this Agreement on the same date. Otherwise, the "Date of Execution" OJ: "Execution Date" of this Agreement shall be defined as the date of execution by the party last executing th:Ls Agreement. This Agree-- ment shall be signed in quadruplicate with each copy acting in ful~ force and effect as an original. 25. VOID CLAUSES: If any term, condition, clause or provi- sion of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement. and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 1 1 << ,nstine & Sparler ArTOt>NfYSAfLAw 26. BINDING EFFECT: Except as otherwise stated herein, aL provisions of this Agreement shall be binding upon the respecti V'~ heirs, next of kin or personal representative of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hand,; and seals the day and year first above written. e y~ 15.fUYv/'^/ WITNESS iJijoj,,01f/r~ Cu JUvvLt (SEALi Craig' L' ; JfickJ(~ tt"~ ~wiIL cLttwIJJ ~ an{ t/IVf ~,~. 14 <',.' -n r ~ . <,..,; - -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG D. WILSON, Plaintiff : NO. 03-555 vs. : Civil Action - Law JACQUELINE A. WILSON, Defendant : Civil Term PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under 9330 I ( c) of the Divorce Code. 2. Date and manner of service of the complaint: February 19, 2003, by certified mail, restricted delivery. Affidavit of Service by Certified Mail filed with the Prothonotary on July 21, 2003. 3. Date of execution of the affidavit of consent required by 9330I(c) ofthe Divorce Code: by plaintiff - 2/10/05; by defendant - 2/1 0/05 4. Related claims pending: All claims resolved by Property Settlement Agreement dated August 30, 2004, 5, Date ofplaintiffs Waiver of Notice in 3301(c) was filed with the Prothonotary: 2/24/05; Date defendant's Waiver of Notice in 3301(c) was fil'ed with the Prothonotary: 2/24/05. Respectfully submitted, ANSTINE & SPARLER Anstine & Spar/a A;{..1Rr,.'[v.;,\"L,'It' o c: r-' ~~ c.I' $ s:; \ .f;" .< Q. 9..-r'1 f\\f"-; ":".1~~n .,-,0 ,.-',.- \ ()(") :.\ ;;~', :'27'') ;:jrn ,>\ ~Q ~ - -' Allstille& Spar/a A.';().',;~','y:;,;'L,\,,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, Plaintiff, No. 03-555 vs. Civil Term JACQUELINE A. WILSON, Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 53301 (c) of the Divan:" Code was filed on February 5, 2003. 2. The Marriage of Plaintiff and Defendant is irretrievabl, broken and ninety days have elapsed from the date of filing dll i service of the Complaint. 3. I consent to the entry of a final decree of divan" after service of Notice of Intention tc Request Entry cf th' Decree. I verify that the statements made in this Affidavit are trll' and correct. I understand that false statements herein are ffidd, subject to the penalties of 18 Pa. C.S. 54904 relating to unSWWi falsification to authorities. Date: 21;0105" ~~0.1J~ Craig. Wilson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LI'\.W CRAIG D. WILSON, Plaintiff, No. 03-555 vs. Ci viI Term JACQUELINE A. WILSON, Defendant. AFFI.DA VIT OF CONSENT 1. A Complaint in Divorce under s330l (c) of the Divorce' Code was filed on February 5, 2003. 2. The Marriage of Plaintiff and Defendant is irretrievabl, broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorc,' after service of Notice of Intention tc Request Entry of ,[:,' Decree. I verify that the statements made in this Affidavit are tril" and correct. I understand that false statements herein are mad," subj ect to the penal ties of 18 Pa. C. S. S4904 relating to unSW(lIJO falsification to authorities. if fJ~V}(1}iit ~rmi1i;;Ili{J; 10 J Q~ (i'iJX1JilJRttf tJ7L ~~ .1 ~ ,,' Date: ' ~tU J /' ~rL~~ ,-,) 71;:; ~;~j)~~~ (, A. Wilson , Anstine & Spader AI.""'M......'A..tA".. IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG D. WILSON, Plaintiff, No. 03-555 vs. Civil Term JACQUELINE A. WILSON, Defendant. WAIVER OF NOTICE OF INTENTION 7'0 REQUEST ENT.RY OF A DIVORCE DECREE UNDER S3301 (0) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Di VOl(' without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not cld.n them before a divorce is granted. 3. I understand that I will not be divorced until a divor~. decree is entered by the Court and that a copy of the decree w~l be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tru,. and correct. I understand that false statements herein are mdd" subject to the penalties of 18 Pa.C.S. Section 4904 relating il unsworn falsification to authorities. Allstille& Sparler A'''''',<''''''i,'NL,',f'' Date: 2/iOIOS- (~"j i), J1J :t.. Craig . Wilson Anstine & Sparler A.'.")'A'f",",',; LA',V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - lAW CRAIG D. WILSON, Plaintiff, No. 03-555 I \1 I I! il I VB. Civil Term JACQUELINE A. WILSON, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENT.RY OF A DIVORCE DECREE UNDER 53301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divon'" without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer' s fees or expenses if I do not clct in them before a divorce is granted. 3. I understand that I will not be divorced until a divor decree is entered by the Court and that a copy of the decree wi, be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tcw and correct. I understand that false statements herein are madE' SUbject to the penalties of 18 Pa.C.S. Section 4904 relating t,) unsworn falslfl.cation to authorities. J;I ~ ~ /U'llc,j{(';!J. ..L :tnrf1mtr/ b1l ~00'1iI ~ ~- __-y ,~ , : ___ Date: ), ,. ,..; /JCJ~~/ / ~t/lldj/?:'-1/")('La(J(, _) !\If!fc. eX_!) -~ C 11 JaCcf\l81'lne . llson --- -- ( r:;J-- / DcIA J. (J{J Anstine & Sparler Aro_lSNLAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG D, WILSON, Plaintiff : NO. 03-555 vs, : Civil Action - Law JACQUELINE A. WILSON, Defendant : Divorce PRAECIPE TO THE PROTHONOTARY: Kindly withdraw the 330l(d) Counter-Affidavit that was filed to the above-captioned action in your office by the undersigned on or about January 18, 2005. Respectfully submitted, , nstine & Spar/er ArrO"'IfYSAfiAw PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this 'DO -tIv r-IJ r:-.J,. v day of ....fJ'ffP; C D. Wilson, of Falrfax, Virginia, 2004, by and between Craig hereinafter referred to as "Husband", ancl Jacqueline A. Wilson, ()e, New Cumberland, Pennsylvania, hereinafter referred to as "Wife". WIT N E SSE T H : WHEREAS, Husband and Wife were lawfully married on August lS, 1998; and WHEREAS, no children have been conceIved of this marriage; and WHEREAS, differences have arIsen between Husband and Wife "" consequence of which they have been separate and apart from eac," other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, both of the parties are gai,nfully employed and able' to meet their reasonable needs for theIr own self-support and maIntenance now and in the future; and WHEREAS, both parties wish to waive any right or obligation which they may have for their support and maIntenance by the OthPI party; and WHEREAS, both parties agree to relinquIsh any and all clan. which either may have against any property now owned or belongInq EXHIBIT "A" '. to the other or which may hereafter be acquired by either of then by purchase, gift, devise bequest, inheritance and otherwise, except as to the obligations, covenants and agreements contained herein; and NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt W[lereof is hereby acknow L- edged, the parties being separately advised and represented b:; counsel, mutually agree as follows: 1. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect what- soever in determining the rights or obligations of the parties. 2. SEPARATION: It shall be lawful for each party at aL times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on t)w part of either party of the lawfulness or unlawfulness of thc' causes leading to their living apart. Each of the parties shall b, entitled to contract, carryon and engage in any employmeni, business or trade which either may deem fit, free from centu, [nstine & SIJorlel' A",'"c:",',<.,'L.,.-, II ,! 'I !\ ]1 II !I "csl;~:!~, I! Ii I I restraint or interference, direct or indirect, by the other, in a1 respects as if such parties were unmarried. 3. INTERFERENCE: Each party shall be free from interfey-- ence, authority and contact by the other, as fully as if he or 5))!' were single and unmarried except as may be necessary to carry ont' the provisions of this Agreement. Nei ther party shall molest tlw other, or in any way harass or malign the other, nor in any waY interfere with the peaceful existence, separate and apart from the' other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of j.-\-", 1.-11': parties at any time which might in any way influence the children adversely against the other party. NeitlJer party shall compel seek to compel the other to associate, cohabit or dwell with him ()r her by any action or proceeding for restoration of conjugal rights or by any means whatsoever. 4. WIFE'S DEBTS: Wife represents and warrants to Husban( 1 that since the separation she has not and in the future she wi L not contract or incur any debt or liability for which Husband his estate might be responsible and shall indemnify and sav,' harmless Husband from any and all claims 'Jr demands made again,;; him by reason of debts or obligatlons incur ed by her. nstine & Sparler 5. HUs:BA:ND'S DEBTS: Husband represents and warrants tf> Wife that since the separation he has not and in the future he wil not contract or incur any debt or liability for which Wife or he, estate might be responsible and shall icdemnify and save harmle.'i:; Wife from any and all claims or demands made against her by reasnn of debts or obligations incurred by him. 6. FULL DISCLOSURE: Each party has had a full and completf' opportunity to make independent inquiry Into the financial ClrCWn~ stances of the other party and has been informed of the income, assets, property and financial prospects of the other to the extel that the same is desired. The attorney for each party ha:: explained the right of further financial dl:~closure and procedure , and each of the parties has expressly waived the further exerci.'ie of those rights and is content to rely solely upon the disclosurEC as made. Each party acknowledges that a claim based UpOll incomplete or improper financial disclosur,c may not be a basis f,,) invalidating or changing any of the terms ~f this agreement and II II II ,I " I 'i " ii , '; II " " , I I, content, nevertheless, to proceed on the basIs of knowledge as presently exists. 7. DESIRE OF THE PARTIES: It is the desire of the part J af~-_er lonc! and ca.:::-eful consideration, tc -;f:1~c:abl~/ adjusr, comt}] J'I;.se c~i:1Ci .se':":tie a.Ll property rights ar;.:J :1J J I ts l.n, ti-" against each other's property or estate, including property hereh,-- fore or subsequently acquired by either party, and to settle a: disputes existing between them, including any and all claims f Wife's (and/or Husband's) maintenance and/or for support, alimc)]l counsel fees, expenses, costs, custody and equitable distribution, 8. DIVISION OF PERSONAL PROPERTY: The parties have divid,' I between them, to their mutual satisfaction, the personal effect", household furniture and furnishings, and ail other articles personal property which have heretofore been used by them in common, and neither party will make any ,'1aim to any such it,~", which are now in the possession or under the control of the otheic, Should it become nec8;::;sary, the parties ':"2c:h agree to sign titles or docwnents necessary to give effect to this paragraph UP,)], request. Husband waives any right, claim or interest that he mav have in the horse and Wife will be the s~le and exclusive own0' of same. 9. REAL PROPERTY: The maritial t'c'.;ldence has been so.!, I The net proceeds of $4,635.00 has been divided equally bet''''e'~" the parties. Neither party shall make d:l,/ ,;ldim fOI any fur!;1 distrit)ut-: ion. IlstilJC & SI'ar!rr " I i I I C,H-1' I " ',' J\Vii J!~ lilt' & S ](I1"ki" 10. MISCELLANEOUS FINANCIAL ACCOUNTS: Husband agrees 1-,' pay the balance of $3,500.00 outstanding on the Visa Gold credll card directly to Visa wi thin ninety (911) days. Wife agrees provide all documentation to counsel COl Husband so that tlil,; account can be paid. ~~) bG.lei.l~c,-, due l_n exce0~ u[ .03, SQO 00 .1 tl1P 1Li8::1 ~ald :"IF.",11);9 thg TAlifp'" r"'iron,~ibilit','. If th-c b0~Z:'jL' clue. an tLc. G6.rd is 10<::<:::: r-n:=.n ?2,SQO.QQ, tnpn the rlmnnnt- dtle 1., ",h.t IIu.!Dane. 31'.::111 ]C::1','. The partles recclved a tax refund I, $8,385.00, which is presently being held in escrow by counsel fOl Husband. Husband and \~i fe have each I,' cl~i ved a check in t I" amount of $2,317.53 representing half of the proceeds of the red esrate. Wife shall receive 60 of the scrow arId 60 of tl, proceeds from the real estate or $7,812.04. since Witf; previously received half of the proceeds of the house $2,317.53, she is entitled to the balance of $5,494.50, which shall be paid from the escrow accou:]'- upon r-eceipt of \r Affidav,it of Consent, Waiver of Notice, the SIgned Propp)i Settlement Agreement and any other dC'C_:u::llentation necessary Husband to payoff the Visa debt. Husuand shall receivQ . , L, I balance of the escrow account. L. SEPARATE ASSETS: The par-t aqre~:; ttFi-1 1 ,:ij 1 d~; '-2 n<_~,t ::3peci tically :menticnc iJ~ '.<hich ,~l[:--' p-:::c':" /l:::.l[/I('& Si'l!!'!!'!" ti tIed in the sole name of one of the parties hereto, or, unti tIed, are presently in the sole possession of one of I_il' parties hereto, the party not having titl(~ thereto ot' possess,], thereof, hereby waives, releases, relinquishes and forever abando.. any and all claims therein and acknowled\}es that the party havi']l ti tIe or possession of such item or i tern.' shall be the sole . L exclusive owner thereof. 12. AFTER ACQUIRED PROPERTY: Each of the parties sL" hereafter own and enjoy independently of any claim or right of tiw I, Ii p other / it mlX(~ / items n-F "c be ] \ ',-ill personal 211 proper-ty / or tangible or intangible, which are hereaftei acquired by him or her, h>'i th fu] 1 pCJVJer lrl hlITl or her tc.) dispo.':;~ ~ [he same as full~' effectively, in all respects and for all purposes as though he she were unmarried. 13 . EQUITABLE DISTRIBUTION: The parties have attempted t.) distribute their marital property in a ~anner which conforms the criteria set forth in Section 3'~(~L of the PennsylvaJi i l)ivc'rce C(Jc1e/ and (akin\} into account following cOGsider tiOl~S : the lengtn of t.he marriage; ch(-:: age, health, static\]: dInC;U:'l t and SO'UTces 0 f ~ncome; the ~ E,-,,~ l:_hat it lS 'Lhc 1-'.1-. "u] "J " rhe E~l.st;'a:1;j' a:1d tLe i j.~1 ma2:r j_aqp j-"':')-r ],.,] j ') i I: J'" r";-i:- ~~y " , t "'-1 tj,::_';'Yl, t!'j ;'\ +, 1 ~i. 1 : i ii II ii~ ! <'" " " increased earning power of the other par ty; the opportuni ty each party for future acquisitions of capItal assets and incoffiF the sources of inoome of both parties, lurluding but not limit to medical, retirement, benefits; tlii' insurance other or contribution of dissipation of each property, incl uding r 11 contribution of each spouse as a homel'l',l:er; the value of l property set apart to each party; the f;tondard of living of r:, pa::::-r:les established during the marrl~le; econCEL_ '," and the circumstances of each party at the time the division of propert"j lS to become effective. The division of existing marital property is Dr I i!l-;-~ended t)\/ -cne parties tc constitLi~ '11 any ~.,r,~'i ~; d J i.:.: exchange of assets, and the division io; being effected withe 11' the introduction of outside funds or other property nc,! consti tuting marital property. The di vi sion of property undel I, Ii 'I Ii ii II II Ii ;1 I' this ]l,greement shall be In full sati '",:tion of aU mar it ,c rights of the parties. 14. Husband shall :-)ntinue tc pa:/ Sp~Jl.l SPOUSAL SUPPORT: support 'v'Jhicb, shall be considered full~ tax deductible aJ.inL'lJ" 211d Sjldl~ be inclJded as income to Wife j_i. Ltle amOu11t of ~' ~~I:::' iJqh r\I0'Jeml::~,::r , ~ , .c:' :-~ II :nc,): . ,"";;-' ,,~ i.f-" 1":1. -=:':~ ::::,2i~1 SU2:: J:1 ;.1_::11(" "/r:'L(-:::-j t I 1 shall be fully deductible to Husband and includable in Wife' ,. income. 15. ACCEPTANCE: Each of the parties acknowledge that l' provisions of this Agreement provide for their respective SUP[");' and maintenance and that the provisions ~re fair and adequate ar 1 satisfactory to each of them. Upon that provision, each of \-~ parties accepts the provisions in lieu nr and in full and fln,' settlement and satisfaction or any claim! ..interest or oe:nanci LIi, he or she may now have or hereafter have against the other spmLc" f(")r the_lr i:espccti "Ie support and rLaint>;o: for thenLse-L \'i?S, alimony, alimony pendente lite, counsel fees, or for any oth.' ,. \~ ~ ~-l =- S ':\:::: r: (-::-;~ S~lppO:'~ l '~)r T',L:ilrj' '{":.l r~~cn]i5i;~~n r ~' 16. WAIVER OF CLAIMS AGAINST ESTATES: Except as her e c otherwise provided, each party may dispose of his or her properr in any way and each party hereby waives and relinquishes any and all right he or she may now have or ller,:,-,,~[t:er acquire, UlV:1PI present or future laws of any lUrisd~\\.t-i':'n, tCJ s:1arc l!t r! propert':/ or tne estate of the other a~') ::esul t 0 f tnc n~a_L 1 : relationship, including \dithour. limit-atien, clo\tJer, curtesy, ;';tci--: tor:y" allof"iar:ce, VJido'v," s allo'\"rance, righ" I,,) take in in L-.(-:;;3 T. ,-j i ~:( .l: t:" f d i: ~::_, '_ t,-. i \~ 1 1.[ ") 1 \" !! 1-Co '1::-" ,';;-:1:: :'j i ':: t ,',-''1;'0,'''11'' ',2' L!>~ ~-, r I _; I ;:1 : ~: t '-';1 " the request of the other, execute, acknovJledge and deliver any C11l [ Ii I [I I) i'1 (, I II " , all instruments which may be necessary or advisable to carry ,\ 1\ I effect this mutual waiver and relinquishmr'l\I' of all such interesl rights and claims. 17. DIVORCE: Husband, at his 0\0n'('st and expense, sha obtain a divorce under Section 3301(c) of tl"lP Divorce Code of ]q as amended, and Wi fe shall, upon exeCl ,\' [em of this Agreeme' eX<2CL1(.2 any ano all ciocuments necessary ,--,-. l i.::oqc.isi te to enaL.l.C L L to proceed in this manner. Each of the parties shall \", ~esp::;nsl})l(~ tcr pa~/rr'tent of their O'"/L :1j::_;(~1 fe~~s inCl_-,lLi-:-'d their representation. make claim against t h" Neither party shaJ ,~" r :>~. .':', > ccn-':.rjt;u-cic)n t.o\'\!ard p2~,'Den~ _:. ,:: '- _~ Le:;?S, T 1 expenses of the other. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall, fr,), time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all [lllli-IE'l t~1stnJments t)VjT be reasonably required to give fuJl - and effect pro'JLsiol:C' o! this Agreement. 19. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: r>arLj_cs (~:;Jree that the terms of this '.'.,:.c.mc~rlL shall !Je LlL ~---".:\ r::.:i_Ir:::.::ce Dec__cee \\lj':-' CL reo' ,. ,':;'f' ,artjG5 f!Jr~her 3gr __!: C t ~-, " <-\'11'::-1' which may enter such Divorce Decree shall retain continuing juri, diction over the parties and the subject matter of this Agreemec: for the purpose of enforcement of any of the provisions thereof, 20. ENFORCEMENT OF AGREEMENT: It ',S expressly undersl' and agreed by and between the parties hereto that this AgreeTI',"'", may be specifically enforced by either f['I:chand or Wife in S,ml' and the parties agree that if an action '-, enforce this l\greecll' is brouglll~ in Equi:.:.y neither party "^Jill I:i~!k;:' an objecticJ11 Ull alleged ground of lack of jurisdiction of the court because thee;: 15 a8 adequate remedy at law. The partj_(C not intend (Jr pUlL to improperly confer jurisdiction on a 'urt in Equity by th ~?C'l":/:,r: C L t tL.C:,~' c::'-~}~:-.:e: :""15 t::'):::-C""'J _'--,:jc;d LeI r ~_ the loru.r;: :-J\, In mutual recognition of the general J ur lsdiction of courts Equity over agreements such as this one. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an acticll lc;(vJ for redress of r: or her riO}-lts under the terms of this J\(1r '':~ll(':ntf and in sllch c'- 1-::= IS sppc:jfi=a_~Jy undi-=:rstc)od and agr82.:.1 t:[.:lt for and i:-i SPCC:l consideratio~ of the other provisioT1S ~nd covenants or tll 2-:'=er;"\c:nt, ;::acn sf:a~l \\.'alVe aLj! l~ght t, Jury trial sn as -:; ,_ --1 'L:' drlU :::isp(,::-:., r 2... -_'to " .:i:-1.:01 1!~;liil'(' & ~.JI;/r.,l,,:. Each party hereby agrees to pay all attorney's fees all' costs of litigation that the other spouse may sustain or incur i't any way \~hatsoever as a consequence of i'iJl"iefault or breach by I: other spouse of any of the terms or provi';lons of this AgreemE'lll provided that the party who seeks to recover such attorney's repe and costs of litigation must first be C!,':essful in whole r part, before such liability may be Impe,,,,,-j, It is the sped" dgreernenL arIa intent of ~he parties ttlal oreac}1ing or party shall bear the burden and obligation uf any and all costs and expenses and counsel fees incurred by hii!i;" ~)r her-self as ;..'J,-,: I I the other party in endeavoring to protect and enforce his or IF" Y 1 r-,-' l~:~:-:'_'~ c:-~i::: J\g:ree:t~e:'lt. For en ~:::'l u. t- "):::J c.::; ;~; of this Agreement, parties specificallY acknowledge that t' February 12, 1988 amendments to the Divorce Code of 1980 apply this Agreement, including, but not limited to, Section 3105. 21. VOLUNTARY EXECUTION: The prcv' nls)f this Ac;rePF:f'! nre full\i understo0d by both parties -\n(~ '~?!ch part'/' ecbv,_r.JJc-drf tnat the ~;qreeDent is falr and equit.ab~'(~f ~::lL it is t)einq 2n:'::,,~ 2-ntu \701uEcaril): and that it is not the' "-:>,c:;ult of any dure::..):;:, ;'-:':-l.cl"J2 iLr 1 'J-2n:=e . INDEPENDENT COVENP.NTS: -;L;' '-:1:' , ,- 1,-,1 lie-ill ~ II II ,. dent and may be enforced independently irrespective of any of th other rights and obligations set forth hereln. 23 DUPLICATE COPIES: The partie>' !kreto agree that ii, within agreement shall be executed by then, in duplicate origllk' and the fully executed document shall be held by their respect] counsel, 2'1. DATE OF EXECUTION: The r'Date '-'1 Execution" or wE:xe,~' tion DdtE:!' 01 t.illS ~~qreeffier:.t snail b" , j(- 1 ined as the Odce l_.t which it is executed by the parties, if they have executed tit: Agreement OIl [he saQe da~e. Othei:-h'_i se r -, , lln,.3.te uf EXE:c'c)I i,)::T! llExecution Date" of this Agreement shall he defined as the date C:-'X{=:~-_:ut L ;~~,-e p;'irt- ~ \.(2)[ c:xe:"'::L \~_~r:(=r U: ."j. r=--'C;:I~le?l t_ . '''1-_ i . I _~ ment shall be signed In quadruplicate with each copy acting in III force and effect as an original. 25. VOID CLAUSES: If any term, condition, clause or provi- II sion of chis ]1~qreement shall be determi n,ci ell declared C-'l he' II 11 or invaljd In la1.,.J or otherwise, then Cl that term, ~. ',n::ht clause :~\r pl~C'JlS~_~J;-, shall be st:icken r-:::, )['[ 1~his Agr-een:enl, alyl all other respects ::.his Agreement snail l' '1a}id anci cun~-ln:'~lt' f~lll for~e, effec~ and operatio~. \u::;iilii'("-' Sl',:'?-/",: \11<;/.'111',.:\, 26. BINDING EFFECT: Except as otherwise stated herein, cO, I provisions of this Agreement shall be binding upon the respectl" I i heirs, next of kin or personal representatjv~ of the partles, I' Ii IN WITNESS WHEREOF, the parties havE' ::ereunto set their hCi11 i, 'I I: I' and seals the day and year first above wrncen. ii w ~. /;v0~ Cr,:,: ~~;-~~ ;-, ' -- - /fi. "/ ~~ ~,f' tlyllidi /~!e )c.cfuzufiEAL a u~~ne A. llson ! ,)'.I.J ! 6o.c C'kCU1.L It/lfOd.li?q 1 4(IC e;.'id' d..7(ctcMI. (\) C (f)(Q~ ,)( f;~/( A({7ali.r'iN ~A~ "1'7;- TNF S:~ I:, :3E/\: " I II i! II 'I I, II C) c -" ( ~.> ",',,) L.:::; ,;:'._.n ::1!t -", ~Q -':;:J r<) --' ~. . ~ . . . . . . . . . . . ~ . . . . . . . . ~ . . ~ . . . . . . . . . . . . . . . . . , . . . , . , . . . , . . , . . , . . , . . . . , . . . . + . , . + . , + . . . . ~ . . + + . . + + . . + , . . . + . ct'i';t'i' :ti:+.:+i+.+. :ti iti :t':f.:+' +. :+.:1; :+. ;Ii:+: Of. . .. :+. +.+.:+.+. +'+'i':+'+:f.:+':+':+'+'i''i':+':+'~ + . . . . . . . . + . . + . . . . . , . . + . + . . + . . . . + . + . , . . + ~ + ~ , +.:+.:+:+.:f.:f.:f. :f.:fi'i' '" . IN THE COURT OF COMMON PLEAS CRAIG D. WILSON VERSUS JACOUELINE A. WILSON AND NOW, DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PEN NA. No. 03-555 DECREE IN DIVORCE \'Uc02 ~ 2005 , IT IS ORDERED AND CRAIG D. WILSON , PLAI NTI FF, JACQUELINE A. WILSON , DEFENDANT, . . . . . . + . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :F. +. + '+ Of. :+' Of Of. + 'i' 'i' Of Of ++ ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR U 0 lI\f Pursuant to Pennsylvania Divorce Code Section 23 Pa. C.S.A. ~3101 et seq. and Pa. R.C.P. 1920.1 et seq., the terms and conditions of a certain Property Settlement Agreement dated August 30, 2004, a copy of which is attached hereto as Exhibit "A", be incorporated into any D~ivor e ecree. ,// . , '/ , .; ) ~ '~- - .~ , , " " '" , , \.' ... , '~ /. ../,-~ ".... .-.:.. "- ..... ............ -...\.., --'...; -.'-. ')'.\.,: . ... --...... -- . .. ~O~g>o.o. 0. 0.0.0.0. WHICH A FINAL ORDER HAS NOT ATTEST: CkA ( PROTHONOTARY Of. + Of 't' 'i':f. :+. :+.:f.:+.+.+.:f. :+.:f.+.:f.+. +.+. :+. :+. Of +. Of.:+. i:;F 'i' . . . . . . . . . . . . . . J, wr'&..~ -f~~1 .#r 1:- ~ 'P' .97. 01 r I#" f' ~ f.W.rP 97 or [ "tit': . 4 .' * . ,.~