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HomeMy WebLinkAbout01-2185 FX v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - ,;(tP..s Cro~lY0uf DIANE TOWNSEND, Plaintiff JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 TillS 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 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 rt.: 'c ~ . - ,~ -< , . " ~ T{ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (JI- ~lf5 ~ I.u.- DIANE TOWNSEND, Plaintiff JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY COMPLAINT 1. The Plaintiff is DIANE TOWNSEND, Social Security number 053-44-8150 who currently resides at 1103 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is JOACHIM TOWNSEND, Social Security number 483-48-8286, who currently resides at 1103 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 26, 1984 in Nassau County, New York. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c), in that: Jj.J!fi'fJ , ',. _;,,17:-,. _I r_?"~_ ? " ,~ J ~ " ""'-"'-~- a) The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHERJEFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from May 26, 1984 until the fIling of this Complaint, which property is "marital " property . 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. The parties have agreed upon the distribution of the marital property and therefore. wish to incorporate, but not merge the Marriage Settlement Agreement into the Divorce Decree. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property . COUNT III - CUSTODY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. )it~ ,_>c, <_ _ -, - ~-""_ -".- ." ,. ~ , ,. - 15. The Plaintiff is Diane Townsend, who currently resides at 1103 Saffron Drive, Mecl1anicsburg, Cumberland County, Pennsylvania. 16. The Defendant is Joachim Townsend, who currently resides at 1103 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17. Plaintiff seeks custody of the minor child, Karl James Townsend, born July 8, 1990, who currently resides at 1103 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania. 18. The child was born during wedlock. 19. The child is presently in the custody of both parties. 20. During the child's lifetime the child has resided with the following persons and at the following addresses: Diane and Joachim Townsend 1103 Saffron Drive Mechanicsburg, PA 17055 Diane and Joachim Townsend 5205 Tamar Woods Court Fairfax, VA 22032 July 1998- Present July 8, 1990 to July 1998 21. The relationship of Plaintiff to the child is that of natural mother. 22. The relationship of Defendant to the child is that of natural father. 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 24. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 25. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the >['t~~l,",__"" '~__ _ ~~,,,~ "".-''-'_ - ~"?' I~" ",- . . , child. 26. The Plaintiff/Mother seeks to incorporate the Custody Agreement as outlined in the Marriage Settlement Agreement to incorporated but not merged in the Divorce action. 27. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff, Diane Townsend, respectfully requests this Honorable Court to incorporate but not merge the Marriage Settlement Agreement in the Divorce action. Respectfully submitted, Date 4/dol {Wt.J Austin F. Grog , Esq rre 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 -;~ -..,. ,,-.-.. , " !-." , -x,_, <~ . . . VERIFICATION I, DIANE TOWNSEND, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date11p-U) S-, Q00J .1~r7, )~ DIANE TOWNSEND (€:", -'.-- c: n_', C 1",- ,.,- < ,--~- ..-.--, , , "~ w::- . . , " , '. .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE TOWNSEND, Plaintiff NO. 01-2185 CIVIL TERM vs. JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 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:--':J J O!..-I 0'2.. J'~ a.. ~....a Joachim Townsend 23 - " " - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE TOWNSEND, Plaintiff NO. 01-2185 CIVIL TERM vs. JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on C1p i \ 12 I ~OOI 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. My social security number is: _483-48-8286 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. DATE:~ ~~~ Joachim Townsend, Defendant 22 ...... " ,~ \"", ,J'"" r , -" , ._,' I ,____ . ,. -,-- - . , DIANE TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2185 CIVIL TERM JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE I, JOACHIM TOWNSEND, Defendant in the above-captioned action in Divorce and Custody, hereby acknowledge that I have in fact received a copy of the Complaint for Divorce and Custody in this matter on the 17th day of April 2001 at 12:05PM. 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. ~ 4904 relating to unsworn falsification to authorities. 04-( n I 0 I , . ~~ e1~ JACHIM TOWNSEND Date bn__ , --'9 '-,< - ~, h'~ .. . . DIANE TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2185 CIVIL TERM JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a [mal decree of divorce after service of notice of intention to request entry of the decree. 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. ~ 4904 relating to unsworn falsification to alltllorities. Date ~'I II o?a:>~ I D~tf~ DIANE TOWNSEND "!!<,-~~ " -'~-;~'; "..,-.,. '" "" '" ,.. "_.,'_"W , " _ ~;' e '" .. . . DIANE TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2185 CIVIL TERM JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 this 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. Date~ J J.( J ~ao~ 1Utu/(f~ DIANE TOWNSEND ,- ~ .,,~ ,."< .~. ,< "".j"" " -.' '" "',', ~v,.". ,':c-" ,-" , ',~ ,,'~- " .~ . -" i' .. . . . U~~ J,." '-"'" DIANE TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 01-2185 CIVIL TERM JOAClllM TOWNSEND, Defendant IN DIVORCE AND CUSTODY ORDER 'fl' ~ AND NOW, this I J; day of DtAJIr1 2001, upon consideration of the parties agreement it is hereby Ordered and Directed that: 1. The parties are the natural parents of the minor child, Karl James Townsend, born July 8, 1990; 2. Legal custody of the parties' minor child shall be shared between the parties, Diane Townsend and Joachim Townsend; 3. The parties shall share in ratio of their net incomes all costs and expenses for providing for their minor child, including expenses for food, clothing, shelter, educational activities, including tuition and recreational activities, and any other expenses mutuaily agreed by the parents to be necessary for the welfare of the child, including child care, summer camp and other expenses for the entertainment and amusement of the child; 4. Physical custody of the parties' minor child shall be as follows: a. During the school year the mother/plaintiff shall have custody 9:00PM Sunday until 6:00PM Friday. Two years after the date of this agreement, the ,;i?''ji!i! ~ ."'V,,,.J 1 - , ~ ~ --, '1 -- , '" mother/plaintiff shall have custody two weekends a month from 6:00PM Friday until 9:00PM Sunday; b. During the school year the father/defendant shall have custody every weekend from 6:00PM Friday until 9:00PM Sunday for two years after the execution of this agreement; after two years, the father shall have custody on two weekends a month from 6:00PM Friday until 9:00PM Sunday; the parties agree that 6:00PM on Friday may vary due to traffic and other circumstances, and it may be as late as 9:00PM. The parties shall accommodate each other's schedules due to adverse weather, business or other schedule conflicts, and occasional variances from this schedule shall not be construed as a modification to the agreement; c. The parties shall divide as equally as possible the child's summer vacation generally on a week-on-week-off schedule. Furthermore, the child may spend up to three consecutive weeks with the Father during vacation at times that are mutually agreed upon by the parties: d. The parties shall alternate custody of the minor child on Christmas/Winter and Easter/Spring breaks. The mother/plaintiff shall have first election from the date of this agreement and election shall subsequently alternate annually. With respect to remaining holidays, namely, Thanksgiving, President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, and Veterans Day, the parties mutually shall work out a '''1~<\'m, "_ _ .-"Ii _ ~ ~_~ . . schedule with the goal of alternating the holidays providing each parent fairly equal time with the child; e. In regard to special occasions, such as birthdays, weddings, funerals, family events, etc., the parties shall seek to provide equal access (shared time period) if appropriate, and if such acco=odation is not appropriate, shall alternate birthdays and acco=odate each other as dictated by the event, i.e. Karl would attend with the appropriate parent; 5. The parties shall co=unicate directly with each other regarding any proposed modification to the physical custody schedule as may become necessary; the parties shall allow Karl to contact (telephonically or otherwise) either parent at any time and both parties are to encourage frequent contact; 6. The parties shall share fairly all transportation and travel involving exchanges in the custody of the child; 7. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or authority regarding the child and each parent shall make available any documents in his or her possession; 8. Both parties shall be listed with the school to be contacted in the event of an emergency; in an emergency, either party may consent to appropriate medical treatment; I"'~f'_""'~' ,_. . . j;Jll~~~,.",",~ ", T . I" 9. On the child's fifteenth birthday, he may express a preference for his choice of residence during the school year. Such expression is not binding on the parties, but shall be given due weight; 10. The parties may modify the provisions of this agreement by mutual consent. In absence of mutual consent, the terms of this agreement shall control. Either party may petition the court to modify this order if either party believes it to be in the best interest of the child to do so. .~ - -,-'" <', DIANE TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2185 CML TERM JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY STIPULATION AND NOW, this day of 2001, the parties agree to the following: 1. The parties are the natural parents of the minor child, Karl James Townsend, born July 8, 1990; 2. Legal custody of the parties' minor child shall be shared between the parties, Diane Townsend and Joachim Townsend; 3 . The parties agree that they will share in ratio of their net incomes all costs and expenses for providing for their minor child, including expenses for food, clothing, shelter, educational activities, including tuition and recreational activities, and any other expenses mutually agreed by the parents to be necessary for the welfare of the child, including child care, summer camp and other expenses for the entertainment and amusement of the child; 4. Physical custody of the parties' minor child shall be as follows: A. During the school year the parties agree that the mother/plaintiff shall have custody 9:00PM Sunday until 6:00PM Friday. Two years after the date of <";!~,'1i~~;,,,.,.,~",_""'''' ,: r _ " """*,,,\f~~ , ~_~ if'! 2. this agreement, the mother/plaintiff shall have custody two weekends a month from 6:00PM Friday until 9:00PM Sunday; B. During the school year the father/defendant shall have custody every weekend from 6:00PM Friday until 9:00PM Sunday for two years after the execution of this agreement; after two years, the father shall have custody on two weekends a month from 6:00PM Friday until 9:00PM Sunday; the parties agree that 6:00PM on Friday may vary due to traffic and other circumstances, and it may be as late as 9:00PM. The parties agree that they will accommodate each others schedules due to adverse weather, business or other schedule conflicts, and occasional variances from this schedule shal1 not be construed as a modification to the agreement; C. The parties agree to divide as equal1Y as possible the child's summer vacation general1Y on a week-on-week-off schedule. It is further agreed that Karl may spend up to three consecutive weeks with the Father during vacation at times that are mutually agreed upon by the parties; D. The parties agree to alternate custody of the minor child on Christmas/Winter and Easter/Spring breaks. The mother/plaintiff shall have first election from the date of this agreement and election shall subsequently alternate annually. With respect to remaining holidays, namely, Thanksgiving, President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, and Veterans Day, the parties ., ~~ ; mutually shall work out a schedule with the goal of alternating the holidays providing each parent fairly equal time with the child; E. In regard to special occasions, such as birthdays, weddings, funerals, family events, etc., the parties will seek to provide equal access (shared time period) if appropriate, and if such accommodation is not appropriate, will alternate birthdays and will accommodate each other as dictated by the event, i.e. Karl would attend with the appropriate parent; 5. The parties shall communicate directly with each other regarding any proposed modification to the physical custody schedule as may become necessary; the parties agree that Karl shall be free to contact (telephonically or otherwise) either parent at any time and both parties encourage frequent contact; 6. The parties shall share fairly all transportation and travel involving exchanges in the custody of the child; 7. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or authority regarding the child and each parent shall make available any documents in his or her possession; 8. Both parties shall be listed with the school to be contacted in the event of an emergency; in an emergency, either party may consent to appropriate medical treatment; ~B;~l._ ;~ " !~ " T, , "--" . . . , .' " '. 9. The parties agree that on the child's fifteenth birthday, he may express a preference for his choice of residence during the school year. Such expression is not binding on the parties, but will be given due weight; 10. The parties may modify the provisions of this agreement by mutual consent. In absence of mutual consent, the terms of this agreement shall control. Either party may petition the court to modify this agreement if either party believes it to be in the best interest of the child to do so. WHEREFORE, the parties respectfully request this Honorable Court to make this Stipulation an Order of the Court. D~ S<<~fM,v,Q WITNESS ~11 2Zb~4~Y~ ~Q~~. ACHIM TOWNSEND DEFENDANT ~~M.~ WITN L~itts-'f7A~~ DIANE T NSEND PLAINTIFF '; ,1'-,,w4lffl."M1t:!"{ ~ _,= !if . 0/ ,~/ fS-- SEPARATION AND PROPERTY SETTLEMENT AGREEMENT W. THIS AGREEMENT made and entered into this ~ day of hr \ 'I 2002, by and between JOACHIM (JACK) R. TOWNSEND, of Fairfax, Virginia, party of the first part, hereinafter referred to as "Husband," and DIANE K. TOWNSEND, of Solomons, Maryland, party ofthe second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 26,1984 in Nassau County, New York; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: I " T ", ~ - ~ ,- ." 1, _,",'H_ 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each ofthe parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and 2 ., " ~,," M ,_. "., , "~ " ---" ,p " '. .--~-' -~ .- - ,.. . shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) Real property, consisting ofland and a house, located at 5205 Tamar Woods Court, Fairfax, Virginia, titled in the names of both parties. The parties agree that the said real property has a fair market value of $395,000, and is encumbered by a mortgage of approximately $4,000. Said property was recently appraised by the Navy Federal Credit Union at $385,000; (b) Real property, consisting ofland and a single family residence, located at 1103 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania; (c) Household goods, contents, furniture and furnishings located in the houses described in paragraphs 4(a) and 4(b), above; (d) Husband's 1989 Porche 944T, titled in name of Husband, having a value of approximately $12,000 and not encumbered by any loans; 3 - ~ , ,_ 'C. _ ~~. .,'-' ~. ., '"-= l ~ ~ ,~ (e) Husband's 1987 240DL Volvo Station Wagon, titled in names of both Husband and Wife, having a value of approximately $2,000 and presently not encumbered by any loans; (f) Wife's 1996 Volvo 850T Station Wagon, titled in name of Wife, having a value of approximately $12,000 and presently not encumbered by any loans; (g) Husband's investments in various mutual funds, held under the names of both Husband and Wife, as joint tenants, having recent evaluations as follows: 119.5 shares of Fidelity Growth Company, $5,688.62; 106 shares of Fidelity Market Index (S&P500), $10,121.28; 144 shares in Fidelity Growth and Income, held as a custodial account for the son of the parties, Karl 1. Townsend; 119.6 shares of Fidelity Mid- Cap, $2,417.64; 132.7 shares of Fidelity Utilities, $1,681.04; 293 shares of Scudder S&P 500 Fund (S class), $4,395; 192 shares of Scudder International, $7,100; 280 shares of Scudder Technology (S), $3,920; and 330 shares in T. Row Price Science and Technology, having a value of approximately $7,000.00; (h) Husband's secondary personal checking account in Fidelity Cash Reserves Mutual Fund, having a value of approximately $3,200. (i) Husband's account in the Navy Federal Credit Union, having a value of approximately $60,000, at the time of separation. 4 ."'.- . ~., ",~ " ~ ,. L~~,_~,,___", ,"'~,_. _C' ,^ , ,~_~_. _ G) Wife's account in the Navy Federal Credit Union, having a value of approximately $60,000 at the time of separation. 5 ~-"'" " j- _' e'~ -. ." " ~- \'" .,--_ ~'^_~ -" __ "" '_,,^c,,"__"_1___ (k) Husband's pension, IRA, and retirement accounts, having a combined value of approximately $161,000. The accounts and their approximate values are as follows: USG Thrift Plan, $110,000; NFCU IRA, $30,000; RCI 401(k) Plan, $6,000; Fidelity Contra Fund IRA, $12,000; and his NISH 401 plan, $3,000; (I) Wife's pension, IRA, and retirement accounts, having a combined value of approximately $125,000. The accounts and their approximate values are as follows: USG Thrift Plan, $95,000; and her NFCU IRA, $30,000; (m) Custodial accounts and U.S. Treasury Bonds for the benefit of Karl J. Townsend, as follows: U.S. Treasury Bonds having a value in excess of $5,000; a bank account having a value in excess of $700; a Virginia College Plan, a gift from Wife's mother; and a Virginia Trust Savings Plan in their son's name; (n) Shares of common stock, and their recent evaluations, as follows: 20.5 shares of Mellon Bank, $764.24; 144.53 shares of Bell Atlantic, $6937.44; 373 shares of Dominican Resources, $21,634.00; 7.455 shares of Home Depot, $410.03; 37.252 shares of McDonald's, $1,536.65; 19.65 shares of Exxon Mobil, $1,1611.30; and 8.268 shares ofWal-Mart, $537.92; 6 >.'"1' ".. .,~ --,-, -, -- ," ,,~ ~ ," -- : :':'l' '_~ -f.' , ,,'" _,_""~_ ',_c, (0) Husband's and Wife's personal effects and possessions, including but not limited to bikes, CD's, books, luggage, photo albums, art work mementos, Wife's jewelry, and Husband's stamp collection and various other collections. (P) In addition to marital assets as itemized in paragraphs 4(a) through 4(0), above, the parties had certain non-marital assets at the time of separation. These include Husband's condominium apartment located at 3509 Valley Drive, Alexandria, Virginia; Husband's investment in Fidelity Magellan Mutual Fund, Husband's Fidelity Contra (IRA), Husband's stock in Virginia Dominion Resources; and Wife's $5,000 investment in TFCU. Husband purchased his condominium apartment for approximately $50,000 prior to the marriage. It had a fair market value of approximately $120,000 to approximately $125,000 and a mortgage of approximately $17,000 at the time of separation. 5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) Husband covenants and agrees to pay and Wife covenants and agrees to accept $195,500, which represents fifty percent (50%) of the fair market value, less one-half of the approximate amount of the outstanding mortgage of the real property at 5205 Tamar Woods 7 . ", -- "--,-,, '''''' "~"~ ,-, -,< - , ~" "".,- ,_~ , __~ - CO'_' _~h~__, , .' ;Z: ~ ,-'^"_ , -'-'. -"- Court, Fairfax, Virginia. Wife shall grant and convey unto Husband all of her right, title and interest in and to the said real property and to execute a deed of special warranty conveying the same in accordance herewith. Husband covenants and agrees to assume all responsibility for payment and satisfaction of the current mortgage and shall indemnify Wife of all payments on said residence. (b) The real property located at 1103 Saffron Drive, Mechanicsburg, Pennsylvania, was sold on August 30, 2001, and net proceeds of approximately $85,000 were realized. The parties covenant and agree that Wife shall receive $67,500 from the proceeds of said real property and Husband shall receive $17,500. Each party relinquishes and disclaims any and all ownership, right, title and interest in and to the share of net proceeds to be realized by the other party. Further, Husband specifically waives any interest in Wife's new residence at 13489 Stowaway Court, Solomons, Maryland; (c) The parties have divided the household goods, contents, furniture and furnishings in a manner as mutually agreed upon. Gifts and decorative items, such as silverware, crystal, and china have been divided equally, and after due consideration as to the source of each item and the sentimental value that each party attaches to the individual item. In the event that the parties mutually agree to exchange specific items 8 '''!C''. c' ._ _ ~. ,~ _ > " <-" ~"" - <':::. 0_ ~, __ ~__= ~~_ ~,' __ ~- subsequent to the execution of this Agreement, they may do so without a formal amendment to this Agreement or any other formal writing, by making the physical exchange, at which time the exchanged items shall become the property of the party receiving them. Further, Wife shall be permitted to take possession of the dining room furniture that is currently at the Tamar Wood Court house. The right for Wife to take possession shall expire two years from the date that this Agreement is executed, or at such time as Husband sells the house, whichever event shall occur first. Otherwise, each party relinquishes and disclaims any and all ownership, right, title and interest in and to the household goods, contents, furniture and furnishings presently in possession of the other party; (d) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's 1989 Porche 944T, as well as all collateral items related to said vehicle, and Wife agrees that Husband shall be and remain the sole and separate owner of same. Husband agrees to take responsibility for payment of all expenses in regard to said vehicle; (e) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's 1987 240DL Volvo Station Wagon, as well as all collateral items related to said vehicle, and Wife agrees that Husband shall be and remain the sole and separate owner of same. Husband 9 -"-, , . __ ImilI!I'l , 0< . -"-- "o.,>~' ".~.",", '"'" ~,,~ ", .' "~ --_ "'0". ~" agrees to take responsibility for paying all expenses in regard to said vehicle; (f) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's 1996 Volvo 850T Station Wagon, as well as all collateral items related to said vehicle, and Husband agrees that Wife shall be and remain the sole and separate owner of same. Wife agrees to take responsibility for paying all expenses in regard to said vehicle; (g) Husband and Wife covenant and agree that the investments held by the parties as joint tenants, in various mutual funds as described in paragraph 4(g), above, shall be divided equally. Each party relinquishes and disclaims any and all ownership, right, title and interest in the shares provided to the other party, and agrees that the other party shall be and remain the sole and separate owner of same; (h) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's personal checking account in Fidelity Cash Reserves Mutual Fund, as described in paragraph 4(h), above, and Wife agrees that Husband shall be and remain the sole and separate owner of same; (i) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's accounts in the Navy Federal Credit Union, and 10 ,'~,', -~,' :,,,,,,,,,,_.,,, "' "c"C,,' "~~~,_ Wife agrees that Husband shall be and remain the sole and separate owner of same; (j) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's accounts in the Navy Federal Credit Union, and Husband agrees that Husband shall be and remain the sole and separate owner of same; (k) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's pension (and future pension payments), IRA, and retirement accounts, as described in paragraph 4(k), above, and Wife agrees that Husband shall be and remain the sole and separate owner of same; (I) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's pension (and future pension payments), IRA, and retirement accounts, as described in paragraph 4(1), above, and Husband agrees that Wife shall be and remain the sole and separate owner of same; (m) Husband and Wife both agree that custodial accounts and U.S. Treasury Bonds being held for the benefit of Karl J. Townsend shall remain in custodial accounts for Karl 1. Townsend, and that funds in the said accounts shall be used for his education, support and welfare; 11 ">, r ' ,,_.__ "n.' ~"" , - ^-~.,~ '.." ..,,-- --, ,=,=" - 0"_ '..''-' (n) Husband and Wife both agree that the shares of common stock, as described in paragraph 4(n), above, shall be divided equally at the time of execution of this agreement. Because of tax considerations, the parties may actually sell or retain the accounts, as they agree. (0) Husband and Wife covenant and agree that each party shall retain his or her personal effects and possessions, as described in paragraph 4(0), above. Husband and Wife each relinquish and disclaim any and all 12 ,_.._...,__r< '_,,""- '0' 'f .,___ .". '- , .< ownership, right, title and interest in the said assets of other party, and agrees that the other party shall be and remain the sole and separate owner of same; (P) Husband and Wife both agree that they shall waive any claim to the assets of the other party existing at the date ofthe marriage, as described in paragraph 4(P), above, and to waive any claim to the increase in value of said assets. Each party relinquishes and disclaims any and all ownership, right, title and interest in the said assets of the other party, and agrees that the other party shall be and remain the sole and separate owner of same. 6. EOUITABLE PROPERTY. This Agreement constitutes an equitable division ofthe parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. In making this division, the parties agree that they are aware of all material aspects of their financial situation, and are particularly cognizant of the following factors: (a) Earning power of the spouses: Wife is a government executive, currently an SES Level 4 with an annual income of approximately $135,000. Husband is a retired federal employee with a pension of $62,000. He is currently employed with NISH (formerly the National 13 ~ . - , " -, - ~ ,-~ , ., ._~- - ~ -- Industries for the Severely Handicapped), with an annual income of $70,000; (b) Future earning power of the spouses: Wife expects to continue in her occupation with substantially the same income. Husband expects to continue in his employment, or a similar position until retirement at 62 or 65, when he anticipates retirement at his pension level and with other retirement income such as social security and 40 1 (k) plans; ( c) Contribution to and maintenance of marital property: The parties agree that both spouses have contributed approximately equally to the mortgages, upkeep, utilities and maintenance of the properties purchased during the marriage. The real property at 1103 Saffron Drive, Mechanicsburg, PA, was sold on August 30, 2001; (d) Value as homemaker: The parties agree that both contributed equally to the homemaking responsibilities; (e) Waste and dissipation of marital property: While the parties agree that neither party has wasted nor dissipated marital assets, Wife has purchased a townhouse at 13489 Stowaway Court, Solomons, Maryland, and has made improvements thereto. Husband has reoccupied a home at 5205 Tamar Woods Court, Fairfax, V A, and has make improvement thereto; 14 " ,- ~.~.. "-. " (f) Duration of the marriage: The parties were married for nearly 17 years, prior to the Wife's filing for divorce in April, 2001. (g) Age and health of the spouses: Husband was born on December 18,1941, and Wife was born on July 6,1951. Both have had health problems but are currently in stable health in view of their respective ages and medical conditions; (h). Responsibility for child rearing: The parties have one child and shared in the upbringing of that child. 6. CHILD SUPPORT & CUSTODY. The parties have provided for joint custody and the joint care of their child in separate custody and support agreements. 7. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall pay fifty percent (50%) of the amount owed. In the event that any federal income tax refund is due for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) ofthe total refund due. 8. INDEMNIFICA nON FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date ofthis Agreement, 15 -~ ,,-- . , - ~- ,~" .~. .. -~. '"" and each ofthe parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 9. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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 or she were unmarried. 10. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all ofthe foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 16 1X~.~".~ ' ..,., ~".c _,,, ,'." -"-~. , ~. > ,., _ "',~'" 0 "."1 o. '. ' " ,.~ .~" ,~ .. '" 11. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into a decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to forever binding and conclusive upon the parties. 12. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the 17 ';I" _ ,,~ _.~ , " " , -,~r" , parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 13. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 14. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Wife will pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 15. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this 18 -., ., - < ~, ~~ - "" " . ~ .- - Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 16. LAW OF PENNSYL VANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Wife has engaged the services of Austin F. Grogan, Esquire, and Husband has engaged the services ofG. Patrick O'Connor, Esquire, and each party has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 17. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 19 "h" .__.""'''_'., , "", - '<>--". ",- ~" ',.' ,~,~ ",.' ,,,","",,,_, ,.L' ~~_ .- .~ ('~ . . 18. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: ~ Q'\~ (SEAL) Joachim (Jack) R. Townsend ~jt~-D- ,( ,t7 Diane K. Townsend ) 20 (;-"'" .. "',,, ,,=., U~= _.~__" <~'-.O'''''' ".' - -- ,=. ,."., ,."., .., COMMONWEALTH OF VIRGINIA) tttlA, () ~ :SS. ~OF"-\. .) On this, the 5 \J.-.... day of a.~ ' 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared JOACHIM (JACK) R. TOWNSEND, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \:::x1. ~ (\ ~ Notary Public ~~ (SEAL) M/'Ifr-,/r.-I"\;"/~ COMMONWEALTH OF VIR-GINIK ) : SS. COUNTY OF C A L C/ r;, fl 7 ) On this, the (, day of Ii P e...11 , 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared DIANE K. TOWNSEND, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~ tt- ('{gAL") 21 . ~. --t'-' " .,. ':J....,.,. '.;' 1!l,.",,,,,,..,.v .~ ,","",-__,,,,_,,,,,,,"'f'~;"- ~, ~'f '_1",-' ,,,',,,,",,, " DIANE TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2185 CIVIL TERM JOACHIM TOWNSEND, Defendant IN DIVORCE AND CUSTODY 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. Grounds for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By Acceptance of Service on April 17, 2001 at l2:05PM. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff April 11, 2002; by Defendant April 5, 2002. 4. Related claims pending: All claims raised resolved in Marriage Settlement Agreement dated April 6, 2002. 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: April 17, 2002. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: April 10, 2002. Austin F. Gro an, Attorney for Plainti 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Id # 59020 Date: April 22, 2002 '-'1"-,:',~;~~ '. '.'~-"'-""-. '-,""'-'.- T" ,~ ~, "" '~;~-". - _, ~'" ,,~ - 'c' ^- '-1 ,- ",~ , ." -,- T."__, '" .::' '-,;Jij, -~ , . "" . . . . . . .. . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . PENNA. STATE OF . . . . . DIANE TOWNSEND . . . No. 01-2185 CIVIL Plaintiff . . VERSUS . . . . . . . . . JOACHIM TOWNSEND Defendant DECREE IN DIVORCE . . . . . . . . . at 3;Cb~ AND NOW~ DECREED THAT DIA TOWNSEND ~IT IS ORDERED AND . . . . . . PLAINTIFF, . . . . . . JOACHIM TOWNSEND , 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; . . . . . . . . MARRIAGE SETTLEMENT AGREEMENT INCORPORATED BUT NOT MERGED . . . . . . . PROTHONOTARY . . · J. . . . . . . .. . . "'~-, -.,' ~ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'j ~~,~:'c~'~'- 't< """ AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Praecipe to Transmit the Record in the above-captioned matter to the Defendant, Joachim Townsend, on April 22, 2002, at the following address: G. Patrick O'Conner, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: April 22, 2002 Austin F. Grog , Esq Attorney for Plaintiff 24 North 32"" Street Camp Hill, PA 17011 (717) 737-1956 ID #59020 } - ~- " - " ,.- ,- . "~ ~- - '--' -1,.. J, ~ ~~_ ."