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HomeMy WebLinkAbout07-2405JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, C V. NO: CIVIL ACTION - LAW DIANE E. FITZGIBBON, IN DIVORCE Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Q7 y? ?! U V. : NO: lr CIVIL ACTION -LAW DIANE E. FITZGIBBON, IN DIVORCE Defendant. COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, James E. Fitzgibbon, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint in Divorce: 1. The Plaintiff, James E. Fitzgibbon, is an adult individual residing at 520 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Diane E. Fitzgibbon, is an adult individual residing at 4245 Roth Farm Village Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on June 23, 1993, in Virginia. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There were no children born unto the marriage. 7. Neither Plaintiff nor Defendant are currently members of the Armed Forces of the United States or any of its Allies. 8. Plaintiff has been advised of the availability of counseling and that he has the right to request that the Court require both parties to participate in counseling. 9. Plaintiff avers as grounds on which this action is based are: A. that the marriage is irretrievably broken pursuant to §3301(c) of the Divorce Code; and B. that as of May 1, 2007, the parties will have lived separate and apart for a period of at least two (2) continuous years pursuant to §3301(d) of the Divorce Code. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce. COUNTI SUITABLE DISTRIBUTION 10. Paragraphs 1 through 8 above are incorporated herein by reference and made a part hereof. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. WHEREFORE, Plaintiff, James E. Fitzgibbon, requests this Court to: A. Enter a Decree in Divorce; -2- B. Equitably distribute all property, both real and personal, owned by the parties; and C. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan cft W agner, l.D 3103 33 North nt Street H g, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: a? 4 -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. DATE: 40 1 C C3 O r r LAJ ' ' b 'J JAMES E. FITZGIBBON, V. Plaintiff, DIANE E. FITZGIBBON, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2405 CIVIL, : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JAMES E. FTTZGIBBON, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( Divorce O Annulment ( Alimony () Alimony PendenteLite Distribution of Property () Support (- Counsel Fees ( Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Defendant has appeared in the action by her attorney, JOHN J. CONNELLY,JR., ESQUIRE. (3) The statutory ground(s) for divorce ( (are): 3301(c) and 3301(d) 9-1 (4) Delete the inapplicable paragraph(s): (a) (b) An agreement has been reached with respect to the following claims: (5) The action (Waeb*w) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 (days). (7) Additional information, if any, relevant to the lion: None. Date: ¢ / 6 7 'P or c Wagner, Esquire A mey for Plaintiff ORDER APPOINTING MASTER AND NOW, , 2007, , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. C? 0 -n K'Y { co i OW, Defendant. CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do JAMES E. FITZGIBBON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Plaintiff, : NO: 07-2405 CIVIL TERM CIVIL ACTION -LAW DIANE E. FITZGIBBON, IN DIVORCE hereby certify that on this date a copy of the Complaint in divorce was served upon the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Ms. Diane Fitzgibbon 4245 Roth Farm Village Circle Mechanicsburg, PA 17050 By j C - - Debra K. Spinner, S retary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff Date: ?' 7 Postal ?- CERTIFIED MAIL,,., RECEIPT r1i D. Coverage P . .•. Ln r-3 ?O?F W11 ' tU M M' Posts" $ Q Oefted ?e SE31 Retum Receipt Fee g? Postmark r-3 (EndoreemeM Requked) U Y Here C3 Restficted Delh%q Fee r-3 . '-3 Total Posits & Fees $ Ln O orPOBwN'................. ?a......... 5 2, and 8. Alec Mnprete ¦ Print your ran* adY is s on de, en so that We W rewm the reverse ¦ Or Attach the ?t If to the back of the ' y. ?otn? Famed to: ?nt'tts. u SPOOS 2. and, ma ww*v r as?wbe hbon a Fvrwo Me P&WX nor a+, C.O.D. C' R*m 70p5 1160 Dpp1 3321 5724 ., "ffiw c Ram Rwwpt 102W5QZ#,1540 C 9 a co '^G AUG 1 041 JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :NO: 07-2405 CIVIL DIANE E. FI TZGIBBON, Defendant. : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JAMES E. FnZGIBBON, Plaintiff, moves the Cour following claims: ( Divorce () Annulment ( ) ( Alimony O Alimony PendenteLite t to appoint a Master with respect to the Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Defendant has appeared in the action by her attorney, JOHN J. CONNELLY,JR., ESQUIRE. (3) The statutory ground(s) for divorce (?6 (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): (a) (b) An agreement has been reached with respect to the following claims: (5) The action (istr 4w) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 (days). (7) Additional information, if any, relevant to ithe tion: None. Date: ? 1114-7 Pc Wagner, Esquire A rney for Plaintiff ORDER APPOUVMG MASTER AND NOW,_ 1! 2007, ?. r??/'Gt? squire, is appointed master with respe to the following claims: O A 9&542- A aAA4V e - B T: 0 J. ?- -: JrJ. l ? L '3 t,.+.+ {,_. d ? ?s .?=° .--; ? -- c: > ; ff ? o + _ s -? x ?1 ? ?- c ?-n ?" C.:. h7 ? - -i JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 2007-2405 DIANE E. FITZGOBBON, Defendant IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of P. Richard Wagner, Esquire on behalf of the Plaintiff in the above referenced matter. Respectfully Submitted, Dated: Wa , Esquire Front Street Harrisburg, PA 17110 (717) 234-7051 Id. No. 23103 ENTRY OF APPEARANCE Please enter the appearance of Marianne E. Rudebusch, Esquire, on behalf of the Plaintiff in the above referenced matter. Respectfully Submitted, Dated: r Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 r.a PO JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 2007-2405 DIANE E. FITZGIBBON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 26, 2007. 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. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: '7' 9-0 4 A.- F A-//, Ja j es E. Fitzgibb r ra ?S ?:,, ? r` y ' c ? x't _ ? , r ? ?? ' r`.? , . 4 .. °=? =?? " -? -?? '? -r c' ?',?: ° ?? :? ? r v . w JAMES E. FITZGIBBON, Plaintiff V. DIANE E. FITZGIBBON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2007-2405 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 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 unsworn falsification to authorities. /f f Date: I - ?-©? C) 4 w JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2405 DIANE E. FITZGIBBON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 26, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: 17 Diane E. Fitzgibbo fendant ?. m ?. <"_ ? '? r ?`? `? ?. ?; ? -?,? ti ` p . t Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 2007-2405 DIANE E. FITZGIBBON, Defendant IN DIVORCE MOTION TO REVOKE THE APPOINTMENT OF SPECIAL MASTER AND NOW, comes the Plaintiff, James E. Fitzgibbon, by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully requests the Court to revoke the appointment of E. Robert Elicker, II, Esquire, Master, for the reasons hereinafter set forth: 1. On August 10, 2007, E. Robert Elicker, II, Esquire was appointed by the Court to serve as Master in the above captioned divorce action. 2. An agreement has been reached between the parties, settling all economic claims pertaining to the divorce action. 3. John J. Connelly, Jr., Esquire, attorney for Defendant, concurs with this Motion. WHEREFORE, Plaintiff respectfully requests that this Court revoke the appointment of E. Robert Elicker, II, Esquire as Master in this matter. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 1- ! 2 -09 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JAMES E. FITZGIBBON, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2007-2405 DIANE E. FITZGIBBON, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this j__? - day of _ 2008, I Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: John J. Connelly, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Plaintiff BY: Katherine A. Frey G* OnI cn D w -< Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V0 NO. 2007-2405 DIANE E. FITZGIBBON, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr. Esquire, Attorney for Defendant in the above captioned divorce action, hereby accept service of Plaintiff's Complaint in Divorce and certify that I am authorized to do so. By: Dated: A12ri130, 2007 r--a MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between JAMES E. FITZGIBBON and DIANE E. FITZGIBBON, hereinafter referred to as Husband and Wife. The parties were married on June 26, 1993 and there are no children born of their marriage. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will 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 may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. R , 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, M° - and b3rtltiV*Agreem r rdobs for himself or herself, and his7br her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by John J. Connelly, Jr., Esquire, in reaching this Agreement, and Husband represents that he was represented by Marianne E. Rudebusch, Esquire, in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 2 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either parry from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this 3 f Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301©). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301©). Upon request, to the extent permitted bylaw and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Husband shall pay to Wife in the form of equitable distribution $29,000.00 in a lump sum within thirty (30) days of the execution of this Agreement. Wife shall receive the slot machine in Husband's possession. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: 1990 Ford Pick-Up 1994 Jeep Cherokee Wife: 2000 Mercedes Benz 300 ES Sedan The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, prior to the entry of a Decree in Divorce. 5 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her 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 nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they owned certain real property located at 520 Lamp Post Lane, Camp Hill, Pennsylvania, as tenants by the entireties. Wife has conveyed all her right, title and interest in said property to Husband. Wife has executed a deed or other instrument of conveyancing necessary to effectuate this transfer. Wife received $75,000.00 as her share of the equity in this real property in April 2005. 6 r 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts in her name alone. B. HUSBAND - All debts in his name alone. 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY/SPOUSAL SUPPORT/APL Husband is paying to Wife Spousal Support in the amount of $1,968.00 per month under the terms of a Support Order docketed under 00512-S-2005, PACSES No. 907107448. Beginning on 6/1/08, the Spousal Support shall be decreased to $600.00 per month and following the finalization of the divorce, shall be deemed alimony. Such alimony payments shall continue until 2/28/2013, when Wife reaches the age of 59 % years of age, cohabitates as defined by 23 PA C.S.A. § 3706 of the Divorce Code, remarries or dies, whichever first occurs. The arrears currently existing under the Spousal Support Order dated 4/17/06, docketed under 00512-S-2005, PACSES No. 907107448 in the amount of $19, 860.00, which are being held in abeyance consistent with the Notes portion of the said Order, shall be extinguished upon payment of $29,000.00 to Wife as set forth in paragraph 7 hereof. Any arrearage due to Wife, other than the $19,860.00 referenced above, due and owing as of 5/31/08, shall be payable in full within thirty (30) days of the date of this Agreement. Husband shall maintain Wife as non-revokable beneficiary on his life insurance in the amount of $33,000.00 with a declining balance of $600.00 per month. Husband shall provide to Wife proof of such insurance upon written request, but not more frequently than quarterly. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by the Federal Government and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by the Commonwealth of Pennsylvania, and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of s the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax 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 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. 16. GENERAL PROVISIONS A. 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 9 I for in this Agreement. Each party agrees to indemnify or hold the other party harmless from 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. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from 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 and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. 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 continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the 10 proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. 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. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The 11 r failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each parry may dispose of his or her property in any way, and each parry hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, 12 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. N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other parry retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ?'day of , 2008, at Harrisburg, -0 Pennsylvania. In the presence of: 13 WITNESS . , ray -n co i e t 7 JUL 2 3 2008 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JAMES E. FITZGIBBON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. : NO. 2007-2405 DIANE E. FITZGIBBON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this j3 !"day of 2008, upon consideration of the attached Motion to Revoke the Appointment of Special Master, it is hereby ORDERED and DECREED that the appointment of E. Robert Elicker, II, Esquire, as Special Master is hereby revoked. BY THE J. Distribution: Marianne E. Rudebusch, Esq., 4711 Locust Lane, Hbg., PA, 17 ./John J. Connelly, Jr., 134 Sipe Avenue, Hummelstown, PA 170 l2O?IES ?7/av?vs al of Cr3 LO ? , Fy L,. LL. i'? ? `R. Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JAMES E. FITZGIBBON, Plaintiff V. DIANE E. FITZGIBBON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2007-2405 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service: April 30.2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 0 3301(c) of the Divorce Code: by Plaintiff, 7/9/08 ; by Defendant, 7/3/08 . (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All claims were resolved by agreement of the parties as per the Marriage Settlement Agreement executed by the parties on 7/3/08. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 7 / 10 / 0 8 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 7/10/08 By: A= --- Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Attorney for Plaintiff Dated: I ' I S - 09 o cDA cf: nCtT .? GTE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES E. FITZGIBBON, ii Plaintiff VERSUS DIANE E. FITZGIBBON Defendant DECREE IN DIVORCE AND NOW, N 4%5 -< 2008 , IT IS ORDERED AND DECREED THAT AND James E. Fitzgibbon , PLAINTIFF, Diane E. Fitzgibbon 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 attached Marriage Settlement Agreement dated July 3, 2008, is hereby incorporated but not merged with this Divorce Decree. BY THE COURT: ?* -?- ATT T: J 'aj .0 &k. PROTH N TARY No. 2007-2405 Jw- A(C -