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Home My WebLink About07-1851 BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q). 195-1 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 SOUTH BEDFORD CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 OR (800)990-9108 • OM & &N ULAKIS Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- /P.r/ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Bryan A. Thompson, who currently resides at 631 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Heather M. Thompson, who currently resides 149 D Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 13, 2003, in Cumberland County, Pennsylvania. 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. 2 0. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301(a), (c) and (d) in that: a. The Defendant committed adultery. b. The marriage is irretrievably broken. c. Plaintiff and Defendant have lived separate and apart since March 19, 2007, and continue to do so. 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the armed forces. [THEREFORE, the Plaintiff requests this Honorable Court to enter a decree of Divorce. COUNT I1- EQUITABLE 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 September 13, 2003, to December 4, 2006, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to 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. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. 3 v WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. DATE 41a*?- Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. Sommqp/ Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 4 VERIFICATION I, BRYAN A. THOMPSON, verify that the statements. made in this Divorce 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. Date ?f BRYAN A. THOMPSON 5 . BRYAN A. THOMPSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM HEATHER M. THOMPSON, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 3`d day of April 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Heather M. Thompson 149 D Street Carlisle, Pennsylvania 17013 Pro Se Defendant Respectfully submitted, Abom & Kutulakrs, L.L.P. ki Michelle L. Somme , squire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 6 I -k ? .4 W Q lk O ? z7 G -16 r 1 ?• -ABOM & UTULAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carksle, Pennsylvania 17013 (717) 249-0900 BRYAN A. THOMPSON, Plaintiff v. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07-1851 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(a), (c) & (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on April 3, 2007, at Carlisle, Pennsylvania, addressed as follows: Heather M. Thompson 149 D Street Carlisle, Pennsylvania 17013 Return card acknowledging receipt on April 5, 2007, is attached as Exhibit "A". Date:4 oar & KUTUZ.AxIS, LLP Michelle L. So er, Esquire Supreme Court I.D. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717)249-0900 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete ram 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Heather Thompson. 149 D Street -Carlisle, P a 17013 A. X by (Printed Name) _ I C. Date of Delivery is delivery address different Axn item 1? ? Yes If YEs, enter delivery address below: ? No 3. Type Certifbd Merl D Express Mail Registered ? Return Receipt for Merchardin ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2: OArticle ws Number (h8nsfer from serv/ce label 7005 2570 0000 3804 1695 from Ps Form 3811, February 2w4 Dorrre ft Raven Receipt 10295,M-? ISW EXHIBIT "A" ? ? C? .. ° z' r =:?; -? ' ?,ts _ ? c ? ?? , , ?' ?> ?3' .? - - ?'`?? 1 _ ?? ?. -. BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1851 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE. THIS AGREEMENT, made this 5 h day of September 2007, between BRYAN A. THOMPSON, (hereinafter referred to as "HUSBAND', and HEATHER M. THOMPSON, (hereinafter referred to as "WIFE'. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 13, 2003, in Cumberland County, Pennsylvania; WHEREAS, one (1) child was born of this marriage: Alex A. Thompson, born December 4, 2002, (hereinafter referred to as "Child'; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is pm se. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 1 NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all 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 parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision 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. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 2 It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 3 1? 4 i i 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFfT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further 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 or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker 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 the 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 constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1998 Honda Civic. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party 4 agrees to indemnify and hold harmless the other party from any and all liability therefore. b. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each parry shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of each party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, and titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband not Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. c. SALE OF REAL ESTATE. i. MARITAL HOME LOCATED IN CUMBERLAND COUNTY, PENNSYLVANIA. 1. The parties acknowledge that they are the joint owners of the marital residence situate at 149 D Street, Carlisle, Cumberland County, Pennsylvania. Husband and Wife agree that as part of the property settlement, Wife will covey all of her right, title and 5 interest in and to said property to the Husband, subject to the outstanding mortgage to Homecomings Financial and any other encumbrances, which the Husband agrees to assume and pay each and every month. The Husband agrees that if at any time he places the marital home for sale and an authorized sale is executed, the Husband will, at that time, pay to the Wife for her interest in said property a sum in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), representing her share of the equity in the marital home. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Husband expressly agrees to be solely responsible for and hold Wife harmless from the following debts: a. Homecomings Financial Home Mortgage with a monthly payment of approximately $726.81. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against his by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Wife expressly agrees to be solely responsible for and hold Husband harmless from the following debts: a. Discover Card with an outstanding balance of approximately $2,000.00; b. American Express with an outstanding balance of approximately $12,000.00; and c. HRS Account with an outstanding balance of approximately $1,698.00. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the G negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in divorce has been filed to No. 07-1851 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. CHILD CUSTODY. The parties agreed in a Custody Stipulation that was filed to No. 07-1852 and signed an Order of Court on June 14, 2007, by the Honorable Kevin A. Hess they will have Shared Legal and Physical Custody of Alex A. Thompson, born December 4, 2002. The parties further agree that the Wife shall continue to cover medical insurance for the Child through her employer. The parties are subject to the following conditions: a. Telephone Contact. The parties agree that the children are to have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his or her right to physical custody. b. Medical Care/Treatment. Both Husband and Wife shall be immediately informed as to the medical care and treatment of the children. b. Relocation. Upon the knowledge of a pending relocation, temporary or permanent, of either parent, that parent must immediately inform the other of his or her new address and telephone number. 7 13. MEDICAL INSURANCE. The following shall apply regarding medical insurance on the parties and their Child: a. MEDICAL INSURANCE FOR SPOUSE. It is acknowledged that Wife's medical insurance through her employer presently insures only herself and the Child at a reasonable cost Husband's coverage has been terminated by Wife and Husband receives coverage through his employer. b. MEDICAL INSURANCE FOR CHILD. Husband shall continue to provide medical insurance coverage on the Child so long as it is available through his employment and it is agreed that the parties shall share equally any unreimbursed medical expenses incurred for the Child within ten (10) days of request of the same. 14. DEATH OF EITHER PARTY. Both the Husband and Wife agree that upon either of their deaths they will provide for the minor Child as said beneficiaries in their Last Will and Testament. 15. LIFE INSURANCE. The parties agree that any life insurance policies in place upon the Effective Date of this Agreement shall designate as irrevocable beneficiaries the parties' Child, or if administratively required a trustee for the benefit of the parties' Child. 16. POST EDUCATIONAL EXPENSES. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post- high school education for the Child, to the extent that they are financially able at that time. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books, and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money; however the provision herein acknowledging the parties' intent, shall not in any manner, confer third party beneficiary rights unto the Child for the parent of said expenses. If applicable, both parties shall be involved in and have input into the academic institutions selected by the child. Further, the Child will be required to pay for and to use all possible grants, scholarships and work study programs and any of their own income or assets before the parties are responsible to contribute to their college expenses. 17. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic 8 issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 18. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 21. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 9 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 25. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 26. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. SEVERABILITY. If any term, condition, clause or provision 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 shall continue in full force, effect and operation. 28. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 10 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: V INW?oT BRYAN A. THOMPSON THER M. THOMP N 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ISS. On this -?-day of 2007, before me, the undersigned officer, personally appeared BRYAN A. THOMPSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NC#ARY P?CJBLIC ?MP fret+aw Cr.+wirlfl?1? Ib t?iNMa iriM+r Jib k !Ou COMMONWEALTH OF PENNSYLVANIA SS. couNrY of 0-,1:Mbt/) cjk?v On thi day of 2007, before me, the undersigned officer, personally appeared HEATHER M. THOMPSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NfARY PUBLIC rat,.N" Tu? r r, fa cnmv I *t7oa?ioa ors ?ub?14, IOQO 12 l ;t osos ? ,,Mom 2ULAKIS Michelle L Sommer, Esgw r Attoray I.D. No.: 93034 36 Soxth Haxoavr Stmt C'arkle, Pexxrykvxia 17013 (717) 249-0900 BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07-1851 CIVIL. TERM CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under §3301(c) and §3301(d) of the Divorce Code was filed on April 3, 2007. 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 final 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 authorities. Date: '?-.5-07 BRYXN- A. THOMPSON, Plaintiff 0 C,.: p -n ?;c-; 17 ? M CSC' UL,AKIS Michelle L Somnna, Esgxm Attorney I.D. No.: 93034 36 Sonth Haxemr Stmt Carlisle, PexVhwnia 17013 (717) 249-0900 BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1851 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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 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 unworn falsification to authorities. Date: y -S `b7 BR AN A. THOMPSON, Plaintiff -n rt 24 J OM & TULAKIS MicivIls L Sommer, Esgxire Attorney I.D. No.: 93034 36 Soxtb Hanover Stnet Carlisle, PexVhwxia 17013 (717) 249-0900 BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1851 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under §3301(c) and §3301(d) of the Divorce Code was filed on April 3, 2007. 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 final 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 authorities. Date: -67 HER M. THOMPSON, Defendant N q Q 5z ?:. 1 [-Fi V ?? J7 4 CJ7 ?? r ' 9 ??? ?'?; ti-; - Jeri '?- --a ?' ? .''7C T,Aoom & ULAKIS Michelle L Sommer, Esgxiee Attorney I.D. No.: 93034 36 Soxtb Hasever Street Carl rk, Pexmybwda 17013 (717) 249-0900 BRYAN A. THOMPSON, Plaintiff V. HEATHER M. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07-1851 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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 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 unworn falsification to authorities. Date: 6? " Iq U HEATHER M. THOMPSO , Defendant t7 ? Q ? ? : ? : . -o C?: c? _ 1:' ? ?^ ? ?? ( ? '?? ._T'1 .. i e? ?. ? ?? r ? "?'? OM CSC" LAKIS Micbelk L Sommer, Esgxre Attorney I.D. No.: 93034 36 Sontb Hanonr Street Carksle, Penneybania 17013 (717) 249-0900 BRYAN A. THOMPSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1851 CIVIL TERM HEATHER M. THOMPSON, Defendant To the Prothonotary: CIVIL ACTION - LAW IN DIVORCE Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. April 5, 2007, by Certified Mail. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff- September 5, 2007 b. by Defendant September 5, 2007 4. Related claims pending. a. None. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A. 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: September 5, 2007 b. by Defendant: September 5, 2007 Respectfully submitted, DATE G I Uq 0- ABOM & SUTULAKIS, L.L.P Michelle L. Somm squire Supreme Court ID #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintif a ;, _ --a r s? r r _ rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Bryan A. Thompson, II N n 2007-1 851 VERSUS Heather M. Thompson, Defendant DECREE IN DIVORCE AND NOW, /Z IT IS ORDERED AND DECREED THAT AND Bryan A. Thompson Heather M. Thompson ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, 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; The Marital Settlement Agreement is incorporated, but not merged. BY THE COURT: PROTHONOTARY W, co- U ' d