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HomeMy WebLinkAbout01-6113 VALERIE CASSELL LAIR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. () 1- ('0 1/3 CuXQ JAMES MICHAEL LAIR, Defendant 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. 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 at the 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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, Pennsylvania 17013 (717) 240-6200 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plaza al partir de lag fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abagado y archival en la corte en forma excrita sus defensas 0 sus objecciones a las demandas en contra de su persona. Sea avisado que si ustted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABAGADO INMEDIA T AMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCURENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 VALERIE CASSELL LAIR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. (Jl-GI L3 CIVIL ACTION - LAW IN DIVORCE JAMESNUCHAELL~ Defendant COMPLAINT UNDER SECTION 330I(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Valerie Cassell Lair, who has resided at 105 Parkview Road, New Cumberland, Cumberland County, since 1997. 2. Defendant is James Michael Lair, who has resided at 105 Parkview Road, New Cumberland, Cumberland County, since 1997. 3. 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 March 31, 1984. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. There is one minor child born of the marriage to wit James Michael Lair, age fourteen years. 10. The Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court enter a decree of divorce. Respectfully submitted, By: HOFFMAN LONG LLP ~~tfoN~ Supreme Court I.D. #79152 105 North Front Street P.O. Box 11475 Harrisburg,Pa.17108-1475 (717) 233-1112 EMILY LONG HOFFMAN, ESQUIRE Supreme Court I.D. # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Date: tJc;h I,.t,- ~'f, ).001 AFFIDAVIT Valerie C. Lair, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. Date: /O/Z I.{ /01 1J(1/JJm e ~ Valerie C. Lair CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe attached document was served on the person below by Certified United States Mail, Restricted Delivery, sent to the address listed below on October 25, 2001: James Michael Lair 105 Parkview Road New Cumberland, Pa. 17070 Respectfully submitted, HOFFMAN LONG LLP By: 1Z~u. Richard W. Long, Esquire Supreme Court ill #79152 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorney for Plaintiff Dated: Od~b- ~'11 2.0"1 ~~ - ~ ~~ ~ ~ e; rf -Jf J (') c -, -u~ mr'::::' z 'c zp:: u}"'> --< ~, ~Ci ;0>=8 ZcJ S>c ~ r;-? (,,> .s;:- ~ C) ri~ C) n -< N c- ~ . ,;i {""- '::,:' ~2 ~i;~ ~Sf~ ---j )> ::u -< --0 :;.;: LAIR VALERIE CASSELL vs LAIR JAMES MICHAEL To the Court: In The Court of Common Pleas of Cumberland County, Pennsylvania FileNo. 2001-06113 STATEMENT OF INTENTION TO PROCEED I ^; d Vtll.f{tle u+" intends to proce'9d with the above captioned matter. Date: '1_ J$-o'/ h'oll1t~ Attorney for V ~ LoA-t/l.. (") c: :> .,)(j~ QJr',,",: ,!:t,~i~i it be - !;~ c2: ~ '"'1:) ::r ry w co ~ "'" .".. g -< , o -J"l :t nifJ] :-afil .,Ot") C;d ::~j Sf-" (3:;3 ;,::....( ) C'jfl"! ::::-' :~!J ...< Valerie Cassell Lair Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLA.ND COUNTY, PENNSYLVANIA NO. 01-6113 James Michael Lair Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, James Michael Lair, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, Valerie Cassell Lair, to the above term and docket Date:~DI ,<<~wof~ es Michael Lair, Defendant ;~ .J -II -y' C,,'; C::':l -~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6113 Valerie Cassell lair Plaintiff James Michael lair Defendant CIVil ACTION - lAW IN DIVORCe: AFFIDAVIT OF CONSEtH 1. A complaint in Divorce under Section 3301(0) of the Divorce Code was filed on and service was obtained upon the defendant by defendant personally accepting service thereof on November 10, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. Date: ) II / ~ j ~ f!!LMdL.. ~?, ~; cr< -:-'\ r-. " ,-:::t \ _.l f,'} ':Y'l. f:-? ,_n - v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6113 Valerie Cassell Lair Plaintiff James Michael Lair Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on and service was obtained upon the defendant by defendant personally accepting service thereof on November 10, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. . -~~ :Ja es Michael I_air Date: 1. /1 /0:2 ~~ C) ,,: :.:~ -,', ,'f' l f'..). ( :::J 01 ..<- -r, ~q (p t -J -.", ---,", v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6113 Valerie Cassell Lair Plaintiff James Michael Lair Defendant CIVIL ACTION - LAW IN DIVORCE 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. ? ! 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A ::0;7/ 7;;;owom f"'."r;;;;;'~JAJJll ~ , Valerie Cassell Lair / o ~ c;,;) <::Jt -<1 r'n cO I --l C) -n r-:-? (.n - Valerie Cassell Lair Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6113 James Michael Lair Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: 2/' I oS- '~ - ., ~' ~ ichael Lair ~, % -;;...n ..." rn ,~.,.'l ~-' \ -, C) ~.\ t:? (.J"\ .- VALERIE CASSELL LAIR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 01-6113 JAMES MICHAEL LAIR, Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT By and between Valerie Cassell Lair and James Michael Lair COUNSEL FOR PLAINTIFF: Emily Long Hoffman Esquire 105 North Front Street PO BOX 1475 Harrisburg, Pennsylvania 17108-1475 COUNSEL FOR DEFENDANT: MILLER LIPSITT LLC James A Miller, Esquire 2157 Market Street Camp Hm, Pennsylvania 17011 DATE: Cle-hw 6' Z-cn'f 1. SEPARATION ..................................................................................................................... 4 2. INTERFERENCE ................................................................................................................. 4 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:.........................................4 4. SUBSEQUENT DIVORCE.................................................................................................. 5 5. INCORPORATION IN DIVORCE DECREE ..................................................................... 5 6. EFFECTIVE DA TE..............................................................................................................6 7. DISTRIBUTION DA TE.......................................................................................................6 8. MUTUAL RELEASE........................................................................................................... 6 9. ADVICE OF COUNSEL......................................................................................................7 10. WARRANTY AS TO EXISTING OBLIGATIONS: ...................................................... 8 11. WARRANTY AS TO FUTURE OBLIGATIONS ..........................................................8 12. PERSONAL PROPERTY ................................................... ............................................. 8 13. BANK ACCOUNTS ........................................................................................................9 14. INDIVIDUAL RETIREMENT ACCOUNTS.................................................................. 9 15. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS.................................... 9 16. AFTER-ACQUIRED PROPERTY ................................................................................10 17. CHILD SUPPOR T................................................................ .......................................... 10 18. CONSULTATION PRIVILEGES......................................... ......................................... 10 19. ILLNESS OF CHILD ..................................................................................................... 10 20. HIGHER EDUCATION EXPENSES ............................................................................11 21. CUSTODY ..................................................................................................................... 11 22. HEALTH INSURANCE ...............................................................................................11 23. INCOME TAX PRIOR RETURNS ...............................................................................11 24. INCOME TAX PRESENT AND FUTURE RETURNS................................................ 12 25. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS.............................. 12 26. WAIVER OF ALIMONY .............................................................................................. 12 27. EFFECT OF DIVORCE DECREE ...............................................................................13 28. BREACH: ....................................................................................................................... 13 29. WAIVER OF CLAIMS .................................................................................................. 13 30. ENTIRE AGREEMENTS: .............................................................................................13 31. FINANCIAL DISCLOSURE ......................................................................................... 13 32. AGREEMENT BINDING ON HEIRS: ........................................................................ 14 33. ADDITIONAL INSTRUMENTS ..................................................................................14 34. VOID CLAUSES............................................................................................................ 14 35. INDEPENDENT SEPARATE COVENANTS .............................................................. 15 36. MODIFICATION AND WAIVER ...............................................................................15 37. DESCRIPTIVE HEADINGS: ........................................................................................15 38. APPLICABLE LAW: ..................................................................................................... 15 2 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of 0 cJ....~ 2004, by and between VALERIE CASSELL LAIR, of New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and JAMES MICHAEL LAIR, of New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on March 31, 1984, m Cumberland County, Pennsylvania, and; WHEREAS, one child has been born of this marriage, namely James Matthew Lair, born March 4, 1987; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 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: 3 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the child of the parties at anytime which might in anyway influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the child. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 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 occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to docket number 01-6113 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code at the same time as he executes this Agreement. The parties hereby wa.ive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions ofthis Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of 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 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 Agreem(~nt, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any 5 such decree but shan in an respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shan be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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 this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for an purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, 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 exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, 6 (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEl: The provisions of this Agreement and its legal effect have been fully explained to the parties by EMILY L. HOFFMAN, Esquire, counsel for WIFE and JAMES A. MILLER, Esquire, counsel for HUSBAND. HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any 7 future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by the,m in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. In addition to other items in her possession, WIFE shall retain the 2000 Mazda and shall remove HUSBAND's name from the title and loan within a reasonable time of the execution of this Agreement. 8 By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 14. INDIVIDUAL RETIREMENT ACCOUNTS: HUSBAND shall retain his 40lK retirement account. HUSBAND shall use the 40lK retirement account to fund James' undergraduate education taking into consideration the provisions of Paragraph 20 herein. 15. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE shall be entitled to, and receive, one-half (112) share of HUSBAND's GPU pension valued as of the date of separation (November 3, 200 I), or valued as close to such date as is practicable. A Qualified Domestic Relations Order shall be the mechanism used to allocate the pension. WIFE shall be responsible for drafting the QDRO and costs associated with the drafting of the QDRO. HUSBAND shall fully cooperate with WIFE and shall allow WIFE to speak directly with the administrator of the pension in completing the QDRO. HUSBAND agrees that any monies that WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain her sole and exclusive property. HUSBAND agrees to waive any interests he may have in such property and further agrees that he will not assert any such claim in the future. 9 16. AFTER-ACQUIRED PROPERTY: Each of thtl parties shall from the date of separation ("November 3, 2001") thereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. CHILD SUPPORT: HUSBAND agrees to pay WIFE the sum of one thousand dollars ($1,000.00) per month, payable bi-weekly, for the support of the parties' child James Matthew through James' eighteenth birthday or graduation from high school whichever occurs later. 18. CONSULT A TION PRIVILEGES: In addition to any provisions which may be contained herein regarding custody and visitation, the parties shall have the following rights with respect to the children: reasonable telephone calling privilegt$; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. 19. ILLNESS OF CHILD: In the event of any serious illfi(~sS of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as she or he desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of 48 hours. 10 20. HIGHER EDUCATION EXPENSES: HUSBAND agrees to pay for the undergraduate education of James Matthew, i.e., room, board, tuition, books, laboratory fees, and other reasonable costs and expenses. James is required to take reasonable steps to seek work-study, grants, scholarships, etc. prior to HUSBAND's obligation set forth in Paragraph 14. 21. CUSTODY:HUSBAND and WIFE shall share legal custody of James Matthew. WIFE shall exercise primary physical custody of James Matthew. Visitation by HUSBAND shall be as the parties agree. 22. HEALTH INSURANCE: HUSBAND shall be responsible for and shall maintain health insurance benefits for James Matthew until such time as the child completes his undergraduate collegiate studies. HUSBAND shall supply WIFE with proof of such coverage upon her request. WIFE agrees to pay the cost of day-to-day medical expenses which are not covered by insurance. The parties further agree that any noncovered, extraordinary medical and/or dental expenses for the children shall be divided equally between them. Should the HUSBAND be without health insurance benefits through his employer, and should the WIFE have benefits through her employer, both parties agree, in the best interests of the children, that they be placed under the WIFE'S policy. 23. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by II the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 24. INCOME TAX PRESENT AND FUTURE RETURNS: WIFE shall be entitled to claim the deduction for James Matthew on her Federal and state tax returns. HUSBAND shall execute any necessary paperwork to fulfill the provisions of this paragraph. 25. APPLICABILITY OF TAX LAW TO PROPEftTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the" Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 26. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 12 27. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 28. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 29. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 30. ENTIRE AGREEMENTS: 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. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy ofthe financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal 13 discovery canducted in their pending divarce actian and that neither party has filed an inventory and appraisement as required by Sectian 3505(b) .of the Pennsylvania Divarce Code. Notwithstanding the foregaing, the rights of either party to pursue a claim for equitable distribution, pursuant ta the Pennsylvania Divarce Cade, .of any interest awned by the ather party in an asset .of any nature at any time priar ta the date of executian .of this Agreement that was nat disclosed to the ather party or his or her caunsel priar to the date .of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discavers such an undisclosed asset, the party shall have the right ta petitian the Caurt of Cornman Pleas .of Cumberland County ta make equitable distribution .of said asset. The non-disclasing party shall be responsible far payment of caunsel fees, costs .or expenses incurred by the other party in seeking equitable distributian .of said asset. Notwithstanding the foregaing the Agreement shall in all other respects remain in full farce and effect. 32. AGREEMENT BINDING ON HEIRS: This Agn)ement shall be binding and shall inure ta the benefit of the parties hereta and their r,espective heirs, executars, administrators, successars and assigns. 33. ADDITIONAL INSTRUMENTS: Each of the parties shall from time ta time, at the request of the ather, execute, acknowledge and deliver to th() other any and all further instruments that may be reasanably required ta give full farce and effect to the pravisians of this Agreement. 34. VOID CLAUSES: If any term, canditian, clause or provision of this Agreement shall be determined or declared ta be void .or invalid in law or .otherwise, then only that term, candition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and op<~ration. 14 35. INDEPENDENT SEPARATE COVENANTS~ It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the san1e formality as this Agreement. The failure of either party to it1sist upon strict performance of any ofthe provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have s H',. "1 I ,,' Y'" I'D' T Writo ~ W1TN SS "- I ).' :,>.. . "'d.",;'" i ~u~ "i?/j'f1J]1j;k;" (SEAL) C-~7 Ir/~ VALERIE CASSELL LAIR WITNESS (SEAL) 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~.b~c::.,.J. ) ) SS: ) On this, the & day of Ic/c,~ , 2004, before me, a Notary Public, the undersigned officer, personally appeared VALERIE CASSELL LAIR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHE G- F, I hereunto set my hand and official setlt. -.' ,.,." '.::;' .,,~. - '''-1 . \ l'), ';\ \,bilC , 1-~" ';! ;;"I~'.):;::t~J.; JCoJnty ; "I'. -", N,.'''~ :nFa'''''Js.A.ug.22.2.(X)6 ~';~,~;~.~~,~~Of~ COMMONWEALTH OF PENNSYLVANIA ) I ) SS: COUNTY OF VIA.\. hA tvvI ) /~ ~ v--, 2004, before me, a Notary Public, the On this, the ~ day of undersigned officer, personally appeared JAMES MICHAEL LAIR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "OTA/tJAL SEAL JAMEs A MlUEit N Boro 0/ Camp HI>> c:w.:o ~ PIJI>IIo II)< Commj_'~. ""- Cou~ PIll ~Pl.... AM 30, 2001 // 16 r-, ~ t;:"'; , , ,'-1 l...<~1 MILLER LIPSITT LLC 21571\{..lrke( Str'(~et C a!Hp l1i1l, Pi\ 17011 717-737~h4(IO Fax; 717..7]7-S3SS '\vv,'V\" p.'h1l' LnV.('Clrn Valerie Cassell Lair Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA NO. 01-6113 James Michael Lair Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT R.ECORD 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 Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: Ddendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on November 10, 2001. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: February 1, 2005 by Defendant: February 1, 2005 Time Stamped date of Waiver of Notice of Intention R,equest Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: February 7,2005 by Defendant: February 7, 2005 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Miller Lipsitt LLC \ By: r-, " ..') Cfot<f<f~ " " " ~",:t;:t: :tOot+ ~+~~~ + +~+~+~+~++ "":f.+~ "'++ to++ +++fl'+<f:+' C+!ot :+':\::+' of.'fof.:+: IN THE COURT OF COMMON PLEAS " , " . , . . , " , , , " " " " , , , " , OF CUMBERLAND COUNTY PENNA. STATE OF Valerie cassell Lair No. Oh6113 Plaintiff VERSUS " " James Michael Lair " " " " " " , " " " . " Defendant DECREE IN DIVORCE ~ 3'67/./'vl ,~, IT IS ORDERED AND . , , , " , " " , " " . " , . , " , " , " , " , . AND NOW, f~ I~ DECREED THAT Valerie Cassell Lair , PLAINTIFF, AND James Michael Lair , DEFENDANT, 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; . " . " " " " " , " " " " , " , , " " The parties hereby incorporate, but not merqe, their october 5, 2004, Martial Settlem reement +++~+ ++~++++ ++~:+:+ ++++ +++:+.+ :+':+'~+:+'Cf<f~<f:+' , " . " . " . , . . . " ++:+.~++:+.:+: ATTEST: ~ ( _J..---" PROTHONOTARY +:+':1' + :+. of.:+. + " " , , , , " " , " , , , , , " , " , " " " , " " " " " " " " " " " " " " " " " " " " , " " " " " " " " , " " " " , " , , " " " " , , , , , , , , " , , , , " , " j, " . " . , , " . " " , , , , H ~ r '2 /f/77'# ~tl- j0 I.. /. e "~ fP''' "W'~",t.,q;rJ 50 ire W A VNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . . . . 3. I Custody for vacations, all customary holidays including, withou limitation, Thanksgiving and Christmas, New Year's Day, President's Day, Easter Memorial Day, Independence Day, Labor Day, Mother's Day, Father's Day and the bir hday of the child shall be determined by the parties as they may from time to time agree. 4. Transfer of custody shall be at the residences of the parties with the parent who is surrendering custody to be responsible for returning the child to the pa ent who is receiving custody. By the Court, Wayne F. Shade, Esquire Attorney for Plaintiff P. Richard Wagner, Esquire Mancke, Wagner & Spreha Attorneys for Defendant -2- J. W A VNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . . .... . ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMC N PLEAS OF : CUMBERLAND COUNTY, F ENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 04-6113 CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE STIPULA nON FOR CHILD CUSTODY AND NOW, this ;Sct, day of ~ , 2005, com( Plaintiff ROXANNE C. SARBER and Defendant BARRY E. SARBER by and hrough their respective attorneys, Wayne F. Shade, Esquire, and P. Richard Wagne Esquire, of Mancke, Wagner & Spreha, and with regard to custody of their minor hild, Stacey Lynn Sarber, born December 18, 1993, stipulate and agree, as follows: 1. Custody of said child shall be as set forth in the foregoing Orde of Court. 2. Should either party at anytime in the future petition the Court fc a modification of this Order, it shall not be necessary for the party to show a change in c' cumstances; and all relevant facts and circumstances shall be subject to judicial review frtd not only those existing subsequently to the entry of this Order. , WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 . . 3. It is the desire and intention of the parties hereto that this Stipul tion for Child Custody be entered in the Court of Common Pleas of Cumberland Cou ty, Pennsylvania, and that it be endorsed as an Order of Court so as to have the ful effec thereof. a<~ ~~ Wayne F. Shade Attorney for Plaintiff REHA I verifY that the statements made in the foregoing Stipulation ar true and correct. I understand that false statements herein are made subject to the penalt es of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: Harch 31, 2005 rr- I verifY that the statements made in the foregoing Stipulation ar true and correct. I understand that false statements herein are made subject to the penalt es of 18 Pa. C.S. S4904, relating to unsworn falsification to author' . s. Date: Harch 25, 2005 ~s -,...,.---",-~_.' ....> = ~:;; ~ 7-' I Cf' Q, .-\ or: :!1 rT'\('--- -'00:; --y,' ,':>,(:1 .~? .~~.:, ~ (?J~ -_:i. 0" (".)