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Home My WebLink About00-05447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :Ii ;+::Ii'" Of.;+;:ti :Ii :Ii:li:li:li:li'" :Ii:li:li:li :Ii :Ii:li :Ii:li :Ii"';+: ;F.;f.:ti:+: :ti,.; <I::,I:;;t, " '" . ''''~, "-,,,,.,.:- IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF ~pomas w. Pritchard VERSUS V~lpri~ Prir~h~rn No. 2000 5447 AMENDED DECREE IN DIVORCE AND NOW, ~\-5" , ~~ IS ORDERED AND DECREED THAT ~hnm~Q w Prit~ha~d , PLAINTIFF, Valerie Pritchard , DEFENDANT, AND . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . 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; \JO)'\St Property Settlement Agreement, dated March 27, 2002, is incorporated By TH J. ATTEST: ~~'1 PROTHONOTARY :+; :+: ;to;+: :ti :ti . . . . . . . "'-'""''''.;''1 ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >, .~~'r' -,', ','- ",', ... . . . . . . . . . . .. ... .. . . .. . ;f.;f. ;f. ;f. Oliff. ;f. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . PENNA. . STATE OF . . . . ';['IJomas M. Pritchard . . No. 5447 2000 . . . VERSUS . . "~lp.r;~ Pr1t("h~rd . . . . DECREE IN DIVORCE . . NOW,~ ....., , ,~7'iTIS ORDERED AND AND DECREED THAT ;rhomas M. Pritchard , PLAINTIFF, . Valerie Pritchard , DEFENDANT, AND . . . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . 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; ~()AR.. . . . . . Property Settlement Agreement, dated March 27, 2002, is incorporated . PROTHONOTARY . . ~ fF. fF. fF. fF. fF. fF. fF. . . . . By ATTEST: J. . . . . . . .. . Of. Of. Of. fF. fF. .', .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~. il " II ;/ i! i! ! ~ I L' ." " -~,~ ~, .- ~ . 5"/4'- -0.,) -5/6 ;1.) ~'" ,. -- ~- ~. - . .~ .'0 ~ ..' ','\ '.;;- M~~.~-t:4~ 7t~ ~ ~ ayr- TlIi ~.',' ~~,..-,,..,~,,~~~~~, ,~~"' ~!PII!6ln ,0;" . , ^" L< ,. ~' ", , 'h~ , ,,:_ , '. ' , ,<' '''~',' , , , ,.., ~" , ~ --"'t THOMAS W. PRITCHARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under ~3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail on August 4, i 2002 and received August 7, 2002. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the. Divorce Code. By Plaintiff: March 27, 2002 By Defendant: March 27, 2002 4. Related claims pending: Property Settlement Agreement, dated March 27, 2002, should be incorporated but not merged in Decree. 5. Date the Waiver of Notice in ~3301 (c) divorce was filed with the. Prothonotary: By Plaintiff: March 27, 2002 By Defendant: March 27, 2002 " ...', '~'["-- ,;""oiilli<___:rt.l ,..,,~, ~, ~,~'~ >>'It_J~~ ~~ . ^"'"~~ "1~I~hili ",-,," -, ~ Li1IiiilI . ~ .. ..it () D 0 C r"'':' ~'n ;r;: ::;: ~~T1 -o'(fj :1:..,. ['11fT! -< 2::1:3 ~~~ zC 0 (fJ.'J.: ;:SC' ~~.IL) -0 H,--'-;-; :..::::: .' 95 )> ......, ;J!i: zc., -(~ t& or1'1 ):>c: .-, ~ r. ~ (1) -!<: < ~~,,~ ~. " - . ,,~. ,', ",_.0", ~1~L THOMAS W. PRITCHARD, Plaintiff v. . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- S441 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE VALERIE PRITCHARD, 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 II I. . . ~ ~ THOMAS W. PRITCHARD, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- .!J"'tJ'I? CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Thomas W. Pritchard, an adult individual, currently residing at 919 N. Hawthorne Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Valerie Pritchard, an adult individual, currently residing at 919 N. Hawthorne Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonatide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filingi , of this complaint. 4. Plaintiff and Defendant were married on July 23, 1982 in Pennington County, South Dakota. 5. The Plaintiff and Defendant were originally married on December 23, 1973 and divorced on August 11, 1981 and subsequently remarried on July 23, 1982. 6. The Defendant is not a member of the Armed Forces of the United States; i: of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. II ." ,'il<.Ll!l:t,;' 10. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES fl00 Dale W/IJ/A~ Robert . Mulderig, ESq~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II e. . - > ,~" ~<<:: VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. ~4904 relating to unsworn falsification to authorities. 31 Date J: 0 OLeo~ ~ ,J ~ Thomas W. Pritchard II ~ iii UUi!Iii!~~' ",."~' .-, ~"" ..=,'~.'- ,"" iU(IMlI~~lI\lIiif~,b.&1l!>")Hirwt~~\'ll1lll~c.., 'a lVili!~ ":1AlJM ~L' ~ ~~ . ~'",'" - '~ 'J" '~,\, ,. ",' "1 j"': ~ ~ ~ 8 0 0 ~ <::> "Us: '"1'! It:. ):>0 ~ OJ C ::;J h h 52':: ~ H"i'3J ..(i) B z'" I ,. ~ cnt;:;: :'9fII 8 0 ~~. .c' tsr; r:{ ~ L. ;,:::CJ -=--tC c2 0 )>0 -0 :'l:'l"i I (> :x ('') !l ..... ~8 -"'7(") () ...... W c,rn ~ Z -i p:: =< 0 55 ,." -< J ~ ~ ~ . , .__'u' ~ ,~~ , .'" It THOMAS W. PRITCHARD, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- !:"I'-1'7 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE VALERIE PRITCHARD, Defendant AFFIDAVIT OF SERVICE HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint filed in the above captioned case upon Valerie, by certified mail, return receipt requested on August 4, 2000 addressed to: Valerie Pritchard 919 N. Hawthorne Avenue Mechanicsburg, PA 17055 and did thereafter receive same as evidenced by the attached Post Office receipt card dated August 7, 2000. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ~ /9" ~o Date ~~' Robert J. derig, Esquire ~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Ii k ,,- .' . Ii II .~ "^' ~'"" ~" "~', ,',' " ^ ~tmI1il ~ Z 452 476 Jfxa5 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee U) m Return Receipt Showing to .- Whom & Date Defivered .0.. Retum Receipt Showilg 10 Whom, c( Dal~ & Mdressee's Address Q o TOTAL Postage & Fees ClO (') Postmark or Date E ~ en a. $ 5.7 ftu.qILs'+ 41 LlXY:~ '" -, - -", ,,- --, - -,-- [] Complete items 1 and/or..:u.ol; additional services. Complete items '3, 4a, and 4b. CJ;Prinl your name and address on the reversl;l of this form so thai we can return this card to you. El Atlaqh this form to Ihe fronl of the mailpieca, or on the back if spape does nol permit. o Write "Refurn Receipt Requested" on 1he ma\lpiece below the article number. C Th!3 Retum Receipt will show to whom the article was delivered and the dale delivered. 3. Article Addressed to: V~ PAltthaAd n I tt 4b. Service Type ~..a.l '1 Cl N. 8..ll>Itl MJU A IX.... 0 Registered .:-'P".l. M.llhD...niLobWlIl .PA-II06S'" 0 Express ifi \J ~'_Retum Flee! 7. Date of De -:e: ''''~:''''''',,:;;-;---~----~-'- ~. f SENDER: I . ~ " i .1 6. Signature (Addressee or Agen) >- .,. ill PSj~~'\'l ~m'R~ce"i~er 1fll1ll!! 1111 ! \ I also wish to receive the fOJ,i()W. ing services (foran extra fee): 1. 0 Addr 's Address . .~ Re~trIcted .De I. 1'02596-Sg.,8.0.223 Domestic Return Receipt '1\ h~-; . . j I j , 1! I J "~^lt" .''-"'',"'' . .... ~liWllii~W1!}..nf'ffill&W!fi.~.;,<i~.m;"1~ """ ~,. .. .,:.,. ~ ....!:1:.4. " ~' ~'h'" '.';;", '""g"""''''"'''''''''J" ,-~ iij I 'I '. I I . () 0 <;?, c:: 0 :s:: ~ n_{ -om c -T _4 mfTi G'") ~,.:; -,~~,' ZIf ~ '.: ;:;:; 6i:2: ~~, 0- -</..:..., ~~~ l<CJ :t.Jr" ~o =iC -0 ..0 PC: ~ .. -~ ~ I'V :> :u .;:- -< .""-<" " '~, c' '~ d"'. ,.,,;;.;;', THOMAS W. PRITCHARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on August 4, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Nolice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. .:3/c:J I/()::L Date' ~r-' I / .' ...... c!I-~ . i Thomas Pritchard II .h" ..:u~)" !iJ!;Hi.~JfM!l!i:wlit~ '~~ ' ",' 0 ~~ s:; .....r,~ s,~ -"", '0 G"! .. lTl r ::0 "2:: / i'.) (j~) ''-'' -~ / ;"::::-: t '.,::::: ..\:) ..'- - .- - \.. iZ3 Y' ,- :.....,) -,,~ CJ .,'i i1': i::i ,;': !i:; ,',', .,. Ii:! i': Jii ;...:,-: -'- -'" "',--.' ~,~ ,- . I THOMAS W. PRITCHARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on August 4, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 3-;;/1- J,002- Date LIw~ ~I)J Valerie Pritchard ,i II ~" .., "lIni :~li.~~" "~"TN.'~C1GI~ JIlJj'('l ,~.~ Kfl .~ '(i,J' '-' 0 0 c. ~ r.,.) -;'7 d"': ii, . f'; .. :J ~~ ,. i\,) (75 , ._, r'~ ~'" :j: 5.:-:.: c: ['>'.) ~~":: :;::j -<.' , D d "I i'i 'il i'l Iii :i,,1 'f II II ~: ~ THOMAS W. PRITCHARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 3~ ;n~ .} O())., Date ~ ~({/lr;( Valerie Pritchard Ii ii " ~' ,,,,,;,,,,,.,, 'MIu , ftM , .......'.:d:"jI1>iJAIiIJ "M"Jij """'''''''' i .' ".ill! 'Jj L :.., c~ '.~, " 1'1 ' , .. '.Y C) C:. ~~ '-;:'7' li"in,' '%::- "":..,-,- '" :/ ~ iuH in ;l! fi': I I,! il:i i,j Ii:! Ii-: ';'! ~:7~ 'i, i, 'j i I , I , I II Ii i! I! tl II I. II Ii :! i I i II I , I I (~ ""{) ~:;5 i'_) t._..> . ) :::::'j ~~ " ' ,','1 , ^~i THOMAS W. PRITCHARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (9 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granled. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 'I -::?l~?/O;:J ! Date ,&)j II . >" I~r ~ ~ , ". .........u. w~ ,~. ~'" ililiii;i:ii!1rr1li'itJ;lgli.t' --li:..li:f1 - ,,,' " 'I ,.~.' "'~'''^''~.''''1,., ~iliIiiIJii~ " . ~, .." ...y, .- () ~ 'T,}(~'; L'! i'_'I~ ,. c/) _' r:2 '. ",.c_ J> '~. "";1 'I'~ [i c:) tv r' -' -:1 -,,,," ,."", ,-..". :'~:] i'~,) ,~! -'Cl r"';l :'.) ~'-.." '-~.J , ~~ THOMAS W. PRITCHARD, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00 - 5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT e;;::- ,p THIS AGREEMENT, made this ;) 7 day of /lltI.MA... , 2002, by and between THOMAS W. PRITCHARD, party of the first part, hereinafter called "Husband", and VALERIE PRITCHARD, party of the second part, hereinafter called "Wife". WHEREAS, the parties hereto were married on July 23, 1982 at Pennington County, South Dakota; have been and are Husband and Wife; WHEREAS, irreconcilable differences have arisen between them, and the relations between the parties are and have been of such a character that the parties have voluntarily and mutually agreed to live separate and apart on account of which the parties have separated on July 24, 2000, and intend to live separate and apart from each other for the rest of their natural lives; WHEREAS, it is the desire of both parties finally for all time to settle, adjust, compromise and determine their property rights; all rights of support and maintenance by either party against the other by reason of their marriage, all dower, curtsey, alimony, and homestead rights, and any and all other rights existing between the parties growing out of their marriage relation; and NOW THEREFORE, in consideration of the promises and the mutual covenants of each of the parties, they do hereby covenant and agree with each other for their respective heirs, personal representatives and assigns as follows: 1 ii II ,'e" i; ~ ' 1, TERMS OF SEPARATION: (a) The parties mutually and voluntarily agree to continue to live separate and apart, without any cohabitation, as they have since July 24, 2000. (b) Each party shall be free from interference, direct or indirect, by the other as fully as though unmarried. The parties shall not molest, harass, nor malign each other, nor shall either attempt to compel the other to cohabit or dwell with him or her by any means whatsoever. Each party may, for his or her separate benefit, engage in any employment, business or profession he or she may choose and may reside in such place as he or she may choose. (c) It is their intention that a reconciliation, either temporary or permanent, shall in no way affect the provisions of this Agreement having to do with the settlement and disposition of their property rights in their respective realty, if any, any personality, unless a new Agreement is entered into in writing mutually revoking and rescinding this Agreement and entering into a new one. 2. ALLOWANCES TO WIFE: (a) The Husband hereby agrees that the Wife shall continue to be entitled to use and enjoy all medical, commissary and Post Exchange privilege, and other services allowed to the Wife as a result of Husband being a member of the United States Armed Services. (b) Spousal Support: Husband agrees to pay the mortgage on the marital home until it is sold. Upon sale of the marital home Husband shall pay to the Wife spousal support in the amount of $1 ,000.00 per month beginning on the first of the month subsequent to the sale of the marital home and continuing until the entry of a final decree in divorce or the death of either party whichever is sooner. Spousal support shall be converted to alimony upon the entrance of a final decree and continue until Husband's retirement from the United States Navy and reception by the Wife of her portion of the military pension. 2 " " .' '0 1''-'-, '~'~~ 3. DIVISION OF PERSONAL PROPERTY: (a) The parties hereby agree to divide their personal property. The Husband shall obtain from the house the television set, the stereo, the videocassette recorder and the sound system and all stocks. Wife shall be sole owner of the Members First Federal Credit Union Account Number 181963-PR. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the Husband or Wife respectfully, with full power to the Husband or Wife to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. (c) Personal Effects: All items of personal effects such as, but not limited to: Jewelry, luggage, sports equipment, hobby collections and books, but not including fumiture or any property, personal or otherwise specifically disposed of pursuant to this Agreement, shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any such tangible personal property of the other. Wife agrees to allow Husband to store personal property currently in storage at the Hummelstown residence until Wife leaves area. (d) Motor Vehicles: Wife shall own as her sole and exclusive property a 1997 Nissan Ultima. The Husband shall sign, upon execution of this Agreement by both parties, all necessary paperwork to transfer title to the Wife. Wife shall also assume the lien on said automobile, all fees, maintenance costs, and insurance bills on said automobile and indemnify and hold harmless the Husband from any liability for said automobile. Husband shall own as his sole and exclusive property the 1999 Jeep Wrangler. The Wife shall sign, upon execution of this Agreement by both parties, all necessary paperwork to transfer title to the Husband. Husband shall also assume the lien on said automobile, all fees, maintenance costs, and insurance bills on said i I automobile and indemnify and hold harmless the Wife from any liability for said i 3 II automobile. (e) The Husband and the Wife also are the owners by tenants of the entirety of the marital home at 919 Hawthorn Avenue, Mechanicsburg, Cumberland County, Pennsylvania. The marital home shall be listed for sale in June 1, 2002, with the Wife having the option to refinance the outstanding mortgage and assuming sole ownership of the house at any time prior to June 1, 2002. Pending such sale the Wife shall reside therein until sold. The Husband shall be responsible for the mortgage payment until the property is sold. The utilities shall be the sole responsibility of the Wife. Net proceeds from the sale of the marital home shall be divided equally between the parties. If there is any additional liability from the sale of the home, said liability shall be divided equally between the parties. The husband agrees to use military benefits if available to move Wife and belongings back to Virginia Beach, Virginia. Each party agrees to sign Affidavits of Consent and Waivers of Notice at time of real estate closing. (f) Pensions: Husband is a member of the United States Navy and is entitled to a pension upon his retirement therefrom. Husband agrees to pay to Wife, effective upon his retirement from the United States Navy, for the remainder of her life, a percentage of his disposable retirement pay. The percentage that the wife is entitled to shall determined by the following mathematical formula; Yo times the number of years that the parties were married, divided by the number of years of creditable years for retirement that the Husband has at the time for retirement. The number of years of marriage shall include the period from December 23, 1973 until August 11, 1981, which was the party's first marriage and the period beginning on July 23, 1982 until the date the divorce is final. The parties further agree that the Husband shall elect Survivor Benefit Program (SBP) in an amount sufficient to cover the Wife's percentage of his retirement in the event of his death. Each party shall be responsible for Yo the total cost for the Survivor Benefit Program. Disposable Military Retired/Retainer pay as used herein means Retiree's gross Military Retired/Retainer pay less only those amounts deducted for the Survivor Benefit Plan premium, if any for Former Spouse, and before any waiver for benefits 4 " received in lieu of Retiree's Military Retirement benefits, together with any costs of living increases or similar increases that occur or would have occurred but for the Retiree's acceptance of reduced benefits after Retirement. The parties will agree and stipulate to a Qualified Domestic Relations Order (QDRO) providing for the retirement payments as set forth above and further agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction over implementation and enforcement of the QDRO including retaining personal jurisdiction over the parties. The parties acknowledge that Husband's military retirement benefits are marital property and that the provisions of this paragraph are intended simply to divide that marital asset and do not work or constitute an exchange of assets and that the payments to the Wife pursuant to this paragraph shall not constitute alimony, spousal support, or the like, which are deemed only to be division of a marital asset. (g) Debts: All marital debt shall be divided equally between the parties. (h) The parties further agree that neither will incur any future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereon. (I) The Husband shall keep in full force his Serviceman's Group Life Insurance (SGLI) naming the Children, Thomas Michael Pritchard and David Scott Pritchard until his retirement from the Navy 4. TAX MATTERS: The parties agree to execute and file joint Federal and State income tax returns for the year 2001. 5. COUNSEL FEES AND COURT COSTS: The Husband shall be responsible for his counsel fees and all court costs for the prosecution or defense of any action between the parties for a final decree of divorce. 6. ACCEPTANCE AND FINAL RELEASE: Waiver of Claim Against Estate: The Wife agrees the estate of the Husband shall 5 II belong to the person or persons who would have become entitled thereto if the Wife had died during the lifetime of the Husband; and the Wife further agrees that she will not contest in any mpnner any Will of the Husband to be probated and will allow Administration upon his personal estate to be taken out by the person or persons who would have been entitled to do so had the Wife died during the lifetime of the Husband. The Husband agrees that the estate of the Wife shall belong to the persons who would have become entitled thereto if the Husband had died during the lifetime of the Wife; and the Husband further agrees that he will not contest in any manner the Will of the Wife to be probated and will allow Administration upon her personal estate to be taken out by the person or persons who would have been entitled to do so had the Husband died during the lifetime of the Wife. Each party releases to the other and to the heirs, executors, administrators and assigns thereof all claims or rights of dower, curtsey, or inheritance, real or personal, of the other, whether now owned or hereafter acquired. 7. FURTHER ASSURANCES: The parties, for themselves and their respective heirs, personal representatives and assigns, do mutually agree to join in and execute any instruments and to do any other act or thing that may be necessary or proper to carry into effect any part of this Agreement, or to release any dower or other right in any property which either of said parties may now own or hereafter acquire, including the execution and delivery of such deeds and assurances as may be necessary to carry out the purposes of this Agreement. 8. INCORPORATION: With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this Agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. 6 II It is further agreed that regardless of whether said agreement or any part thereof is incorporated in such decree, the same shall not be merged in said decree, but said Agreement and all the temls thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. 9. INTEGRATION: This Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, covenants or understandings other than those expressly set forth herein. 10. PRIOR AND SUBSEQUENT AGREEMENTS: The parties hereto hereby cancel, annul and invalidate any and all other prior property settlement agreements by them at any time heretofore made. Any subsequent modifications or additions to this Agreement shall be effective only if in writing signed by both of the parties. 11. INDEPENDENT COUNSEL, PARTIES FULLY INFORMED: Each party has had independent advice by counsel of his or her own selection. Each party regards the terms of this Agreement as fair and reasonable and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. 12. MODIFICATION AND WAIVER: (a) No modification or waiver by the parties of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. (b) None of the provisions of this Agreement shall be subject to modification by any court. 13. BINDING EFFECT: All covenants, promises, stipulations, agreements, and provisions contained herein shall apply to, bind and be obligatory upon the heirs, executors, administrators, personal 7 II -4i ~ ,-,' , ",:,." ~ . , ., representatives and assigns of the parties hereto. 14. NOTICES: For the purposes of this Agreement, all notices or other communications given or made hereunder shall, until written notice to the contrary, be given or mailed to the Wife at 919 Hawthom Avenue, Mechanicsburg, Pennsylvania and to Husband at Building 400, Room 208, New Cumberland, Pennsylvania, 17007. In the event that either Husband or Wife shall change his or her permanent residence, he or she shall forward, by registered mail, notice to the other of them within five (5) days after such change or any removal. 15. DATE OF AGREEMENT: The effective date of this Agreement shall be the date of the Wife's signature. IN WITNESS WHEREOF, I have at Carlisle, Pennsylvania, this ;;l.3' day of -JA.#t/ /1~ ' 2002, set my hand and seal to this Agreement, and I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct. WITNESS 0/L. . cJ LPd() ( ~as W. Pritchard IN WITNESS WHEREOF, I have at ~ ~-".tr(...#.:~ , this ;J7&h-. day of mCllli/ft-. , 2002, set my hand and seal to this Agreement, and I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct. WITNESS u~ ~tVza Valerie Pritchard 8 II ,)',".' ";-,,,,,",V'," ';' ,",')", " ~~~'~ "" "~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I HEREBY CERTIFY that on this :; 3J day of ---"-~ ' 2002, before me, the subscriber, a Notary Public of the State and 'bounty aforementioned, personally appeared THOMAS W. PRITCHARD and made oath in due form of law under the penalties of perjury that the matters and facts set forth in the foregoing Agreement are true and correct and that he acknowledged that the Agreement was his voluntary act and deed. WITNESS my hand and Notarial Seal. ~_. Notary Pu IC ~ Notarial Seal Robert J. Mulderig, Notary PUb. 110 Carlisle Bore, Cumoerland CounlY My Commission Explret Nov. 13, 2004 COMMONWEALTH OF COUNTY OF I HEREBY CERTIFY that on this ,?l7 '4/h day of mtf/lvtv , 2002, before me, the subscriber, a Notary Public of the State and County aforementioned, personally appeared VALERIE PRITCHARD and made oath in due form of law under the penalties of perjury that the matters and facts set forth in the foregoing Agreement are true and correct and that she acknowledged that the Agreement was her voluntary act and deed. WITNESS my haoo aod Notari,' S~/~ Notary Pub 9 Notarial Seal Robert J. Mulderig, Notary Public Carlisle Bore. Cumberland County My Commission Ellp/t8s Nov. 13, 2004 II h' ii1_~- ~ '~ ~~tlii!Lrjjimmllljjll:t(I!i\M~~k(ii.~~,,~ii~..j; " ~ .~=,~ .,~ c., p' .,-' "H ~ , itf . " '"< );.;. S"' L _._J ,. --, () ~~;.~~ h, I' ,", ", (.I" I': f.' I, I': 'I:' " I [ !!i ~: I' t!, " I. i ji i, Ii I. il I; Ii I;' Ii k y ! J ~~. , ',", ::--.1': l,:) ;,41T1 5..:J -, :\,.) '.'0 .." <, _~",..~"",,,,,_, _'",,~. "'" '.. ',,", .~'^ .0, ," THOMAS W. PRITCHARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5447 : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM VALERIE PRITCHARD, Defendant PETITION TO SIGN QDRO NOW COMES Plaintiff, Thomas W. Pritchard, by and through his counsel, Robert J. Mulderig, Esquire, and request the Court to sign the attached QDRO and states: 1. On May 15, 2002, this Honorable court, Judge Bayley presiding, granted a Decree in Divorce. 2. Paragraph 3F of the Voluntary Separation and Property Settlement Agreement requires the entrance of a QDRO. 3. The parties have reviewed and agree to the attached QDRO. WHEREFORE, the Plaintiff requests this Honorable Court to sign the attached QDRO. Respectfully Submitted, TURO LAW OFFICES ~;zk-z- Date uire II " .~' ',.,' .",,\,,~'c. ' . __,: ';:t~~ THOMAS W. PRITCHARD, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5447 CIVIL TERM VALERIE PRITCHARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, VALERIE PRITCHARD, hereinafter referred to as Former Spouse, and THOMAS W. PRITCHARD, hereinafter referred to as Retiree, have entered into a comprehensive property settlement agreement dated March 27, 2002; and WHEREAS, as part of the settlement agreement Retiree agrees that the Former Spouse receive fifty (50%) percent of his U.S. Navy Pension that was earned from the date of marriage (December 23, 1973) until the date of the parties first divorce (August 11, 1981) and from the date of the parties second marriage (July 23, 1982) until the final date of divorce (May 15, 2002); and WHEREAS, counsel for Retiree and counsel for Former Spouse have acknowledged that this Qualified Domestic Relations Order is being made pursuant to the Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the provisions being made by the Former Spouse relating to her marital property rights; and WHEREAS, it is intended that this Order will qualify as a Qualified Domestic Relations Order, as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and the provisions hereof shall be administered and interpreted in conformity with the Code. Pursuant to Section 414(p)(2) of the Code, the following facts are hereby specified: 1. The Act to which this Order applies is the Uniform Services Former Spouse Protection Act of September 8, 1982. 2. The name of the Service member is SKCM THOMAS W. PRITCHARD whose current mailing address is U.S. Naval Air Station, PSC 824, Box 1077, Sigonella, Italy, FPO AP 09623, and whose social security number is 504-74-0622. " ~ ,,, ...,'"" '. ',',.' \- ~" ',." " , 'r"-"" , 3. The name and address of the alternate payee is VALERIE PRITCHARD whose current mailing address is 933 Pink Star Court, Virginia Beach, VA 23456 and whose social security number is 559-06-0879. 4. Military Retired/Retainer Pay. Former Spouse shall be awarded a monthly percentage share of her Retiree's U.S. Navy Retired/Retainer pay upon Retiree's retirement from the United States Navy. Set award shall be in accordance with and construed by the Uniform Services Former Spouse Protection Act of September 8, 1982 (Public Law 97-252). Former Spouse's monthly percentage share shall be determined by the following formula: 27.5 Years (Years of marriage to first divorce and years of marriage from second marriage to final decree of divorce while Retiree 1/2 X on active duty) = _% (Former Spouse's Monthly Percentage (No. of years of Share) Retiree's active duty at time of Retirement) Disposable Military Retired/Retainer pay as used herein means Retiree's gross Military Retired/Retainer pay less only those amounts deducted for the Survivor Benefit Plan premium, if any for Former Spouse, and before any waiver for benefits received in lieu of Retiree's Military Retirement benefits, together with any costs of living increases or similar increases that occur or would have occurred but for the Retiree's acceptance of reduced benefits after Retirement. The sharing of Disposable Military Retired/Retainer pay shall commence upon Retiree's receipt of the Retired/Retainer pay and shall continue until the death of either party. If the amount payable directly from the United States Navy is or becomes less than the Former Spouse's entitlement, the Retiree shall pay the difference to the Former Spouse. Pending the implementation of this Order by the Naval Finance Service, the Retiree shall pay the Former Spouse's entitlement directly. Retiree shall elect the maximum Survivor's Benefit Plan annuity for the rest of the Former Spouse's life. II II j:,' '", - -' . Under the terms of the Uniform Services Former Spouse Protection Act, the United States Navy, as the paying authority is required to directly pay Former Spouse her monthly percentage share of Retiree's monthly disposable Military Retired/Retainer pay because of the following. In the course of the parties' marriage, Retiree formed at least ten years of service credible and determining his eligibility for Retired/Retainer pay. The parties were married on December 23, 1973 and were divorced on August 11, 1981; they were remarried on July 23, 1982 and divorced on May 15, 2002. Retiree began service credible and determined his eligibility for Retired/Retainer pay with the United States Navy on October 25, 1973, and has performed active duty until present time. Neither Retiree nor Former Spouse will do or cause to be done any act which will cause this provision to become null and void, and each party agrees that this will be the final Order pertaining to the division of the Retiree's disposable Military Retired/Retainer pay. Retiree and Former Spouse agree that the Retiree's Military Retired/Retainer pay is and shall be accruing as a result of his service in the United States Navy and that the Military Retired/Retainer pay is marital property subject to equitable distribution by the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Retiree and Former Spouse further agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, is competent to divide the parties' marital property incident to their divorce pursuant to Section 201 (c), of the Divorce Code. Retiree and Former Spouse finally agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania has jurisdiction over the Retiree for the purpose of dividing his disposable Military Retired/Retainer pay because Retiree specifically consents to the Court's jurisdiction to divide his disposable Military Retired/Retainer pay. Retiree acknowledges and agrees that he has been afforded his rights under the Soldiers and Sailors Civil Relief Act of 1940 (50 U.S.S. Appendix 501-591). I II ,'," , <-" = The Court shall retain jurisdiction over Retiree's Military Retired/Retainer pay for as long as the parties both shall live. The Court shall also have the authority to make every just and equitable Order not inconsistent with the other provisions hereof. The Court shall also have the specific authority to make any Orders it deems just and equitable as a result of the income tax consequences which flow from the division and distribution of the Retired/Retainer pay. The Court shall also have continuing jurisdiction to make every Order reasonably necessary to implement and accomplish the direct payment to the Former Spouse by the United States Navy of her percentage share of Retiree's disposable Military Retired/Retainer pay, including the right to advise the United States Navy of the precise amount or percentage of Retiree's disposable Military Retired/Retainer pay to be payable to the Former Spouse. ~ 2t1 J l1Jt7""- J. W!N~)1f\1 \.SNN3d. VI J f ,_, r""'-.'I,\(i'l ..-.,- II' I,., ",,'~\''''~ ,.1 IV t 1 t\\I!'u~,) ',,_J',' v ',' " , .' J'>.)..l. ' ... ~7 ;1)[.\ z.o a J "0\ "\.' tb 'H' j v.' '~", ,I I [ AHif lQ~:~{~\'~;'~~~;(".';~'j --\\:\ ,[ II '>,. ~ Ii 'j;!jo] ~i, ft 01--' {Jt~ I' -.0 ~ o t IIil ii&;ii1Ii~ "-="~'~'~ ili!illllI'a,il.M-r':'~' ',","',", ~. ~'m - ~l "j. ,....',,,. () f; ~)[~-~ Inr'~'< ::?., . ~E-; ~~sS: k, / -3 " I I , . i; i: i' I i I I. I' i,: I~'! 1"; ':: , ., l! C'l (,,) -.. s:: i! , Ii Ii ,. ii ,. Ii I' ,. ..~< N ""'. Q ., :=1 i'liD :~~{}? :;i;~ ::5'.1'1 5;:! .:0 -< ~~~ N .. c- tv ,.,__,"" ,,~ ,_,.0" ,,"<,,,'. ".,-,."