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HomeMy WebLinkAbout01-0305 FXIN THE COURT OF COMMON PLEAS RICHARD B. PURSELL, PLAINTIFF VERSUS NANCY C. PURSELL, DEFENDANT No. #2001-305 CIVIL TERM DECREE IN DIVORCE AND NOW, IS ORDERED AND RICHARD B. PURSELL DECREED THAT AND NANCY C. PURSELL ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO I THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. BY ATTEST: J. PROTHONOTARY ?-tv k 7- 0-:;?,zz, /; ?O ?? ?? ., 6a MARRIAGE SETTLEMENT AGREEMENT - - - THIS AGREEMENT, dated the•• day of 2002, by and between Richard B. Pursell, residing at 17 Oak Ridge. Road, Carlisle, PA 17013, Cumberland County,' Pennsylvania, -Social Security Number 181-42-7548, hereinafter called the "Husband", and Nancy C. Pursell, residing at 7 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, Social Security Number 181-38-9266, hereinafter called the "Wife", who agree as follows: - - - W I T N E S S E T H: WHEREAS, the parties are Husband and wife, having been married on May 26, 1978,,in Mechanicsburg,. Cumberland County, Pennsylvania. The parties separated January 20, 2001. f. WHEREAS, there have been issue of the marriage, to wit: Jeffrey Pursell, born September 11, 1980 and Kristin Pursell, born December 11, 1982, hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, 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 distributionof real and personal property; the 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; the settling of all matters between them relating to the past, present and future support and or maintenance of the Children, the implementation of custody/visitation arrangements for the minor Children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 NOW THEREFORE, in consideration of the promises 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if 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. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 33010 of the Divorce Code of 1980 as amended from time to time. 2. EFFECT OF DECREE, NO MERGER It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be 2 r binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 3. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Ruby D. Weeks, Esquire, for Husband, and first Ed Weintraub, Esquire, and now Debra Denison Cantor, Esquire. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and 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 collusion or improper or illegal agreement or agreements. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Husband does not wish to exercise his right to have appraisals by experts as to the value of the various interests of Wife. He understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 3 6. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 7. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 8. PERSONAL RIGHTS . Wife and Husband may and shall, at all times hereafter, live separate and apart. They 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. They may reside at such place, or places- as,they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 9. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain 4 from property hereafter 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 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 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, (b) any State, Commonwealth or territory of the United States, or ° any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to 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 thereof. 10. EQUITABLE DISTRIBUTION OF PROPERTY - It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 19'80 (P. L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. 5 And further, that the parties have attempted to divide 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 the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition 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 marital property, including the contribution of a party 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 property is to become effective. 11. Real Property; A. The parties recognize that they own as tenants by the entirety real property known as 7 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. For the mutual promises and covenants contained in this Agreement, Husband agrees to convey to Wife all right, title, claim, or interest he may have by equitable distribution or otherwise in and-to this property. This conveyance shall take place concurrently with the execution of this Agreement. It is recognized that this conveyance is not subject to an existing first mortgage. B. Wife waives any right or interest of any kind which she might have with regard to separate property purchased by Husband in January 2001 located at 17 Oak Ridge Road, Carlisle, Pennsylvania. Husband utilized martial savings for purchase of property located at 17 Old Forge road, Carlisle. Nonetheless, Wife hereby waives any right, title and interest she may have in this property. 6 C. Wife also waives any right or interest in the one-half ownership of husband's separate property located at Lot number 2, parcel number 06- 011-014, Willow Mill Road, Silver Springs Township, Cumberland County, Pennsylvania, which consists of forty (40) acres owned jointly with Rod Rumberger. 12.- Documents To Be Furnished: Husband agrees to provide Wife upon execution of this Agreement the original records, bills, receipts and other documents concerning the purchase of and improvements to the marital residence, warranty documents, bills, receipts; and other records involving purchase of major appliances, heating and/or air conditioning system, vehicles or other property being transferred to Wife. Both Husband and Wife agree to provide each other with 'information as to policy numbers, company names and addresses, and proof of beneficiary designations of any and all life insurance policies mentioned in this Agreement. Additionally, Husband agrees to provide Wife with copies of any and all joint tax returns filed by the parties. 13. Distribution of Personal Property: Husband and wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, with wife receiving the furnishings and contents of the marital residence. Hereafter, 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 7 to the above items which shall become the sole and separate property of the other. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. 14. General: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, Wife's Member's First account number 16872, certificates of deposit and securities, Wife's two Member First accounts. Wife shall receive One Hundred Twenty Seven Thousand one Hundred and Twenty Seven Dollars and Thirteen Cents ($127,127.13) of Husband's Legg Mason, IRA held in Premier Mutual Funds account number 360-96028 by a qualified domestic relations order. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, Husband's Member's First Savings Account number 29113-0, certificates of deposit, and securities and stocks, his York Tri-R partnership interest, his future and unexercised stock options and his deferred compensation plan, his Member's First IRA #29113, and his Legg Mason 401 (k). Wife waives any interest in the remaining balance of Husband's Legg Mason IRA. 15. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1999 Mercedes titled to Husband, the 1966 Mustang and the 1969 Cougar titled to the husband , shall become and remain the sole and exclusive property of the husband. They are not security for any loans. (b) The 2000 Blazer and the 1995 BMW, titled to Wife, shall become and remain the sole and exclusive property of the Wife. They are not security for any loans. The 1995 BMW has since been sold by the Wife who retained all profits. 8 16 AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 17. DEBTS: A. Marital Debts: Husband and Wife agree that there are no debts incurred by Husband and Wife during the marriage to various charge accounts or other outstanding loans which are unpaid. To the extent there are any, these shall be assumed by Husband for the existing balance at the time of separation, and Husband agrees to hold Wife harmless of same. B. Wife's Separate Personal Debt wife is responsible for payment of the following of her separate personal debt and she agrees to hold Husband harmless of same. 1) Bank 1 Visa 2) Providian Visa 3) Boscovs 4) Any other personal debt accumulated in her own name 18. SUBSEQUENT PERSONAL DEBTS: Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 19. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by 9 either party solely for their own benefit and without the knowledge or consent of the other party. Husband and wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 20. 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 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. 21. 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. 22. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 10 23 HIGHER EDUCATION POST HIGH SCHOOL VOCATIONAL EXPENSES OF THE CHILD Husband agrees to be responsible for the reasonable cost of undergraduate college education or post high school vocational training for the Children, including but not limited to the following: tuition and cost of room and board. Husband's obligation pursuant to this Paragraph is conditioned upon his being consulted with respect to the choice of educational institutions and his approval thereof obtained, provided, however, that Husband's approval shall not be unreasonably withheld providing that the Child has made a reasonable effort to obtain scholarship and other financial aid which shall first be deducted from the total cost of undergraduate college education. Husband does agree that the obligations imposed herein shall take precedence over any college expenses and costs for any future adopted or step-children of Husband. Husband shall be entitled each year to any federal tax deduction for a child for whom he makes such payments. 24. RETIREMENT FUNDS A. (1) The Husband, who has been employed by Legg Mason Wood Walker, Carlisle, Pennsylvania, has accumulated benefits in his 401k account and his personal IRA. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. (2) However, Husband agrees to transfer One Hundred Twenty Seven Thousand one Hundred and Twenty Seven Dollars and Thirteen Cents ($127,127.13) of his Legg Mason IRA account to Wife who shall bear any tax consequences as a result of her doing anything with these funds other than rolling them over by a timely non-taxable transfer into a similar IRA account for Wife by a Qualified Domestic Relations Order as per Paragraph 14 supra. (3) Husband agrees to provide Wife with all information necessary to effectuate the rollover of the Legg Mason IRA funds to wife. 11 If the roll over is delayed more than 90 days from the date of execution of this agreement due to Husband's failure to cooperate or undue delay, Husband shall pay to wife interest on the rollover amount of 10% per annum. B. The Wife, who was employed at the Naval Depot, Mechanicsburg, Pennsylvania, also had retirement benefits there, but no longer does. She has a Members First personal IRA. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her previous employment. 25. INCOME TAX Wife and Husband filed jointly during their marriage and for the year 2000 as to state and federal taxes and have divided equally any refunds due. In 2001 and thereafter each party shall be responsible for filing and payment of his/her own taxes. In the event the IRS performs an audit for any tax year in which the parties filed jointly and assesses any penalties or additional taxes, the person to whom responsible for the under reporting or error shall bear responsibility for paying such penalties and/or additional taxes. 26. LIFE INSURANCE A. Both parties shall continue to maintain all current life insurance policies on their lives, even in the event their employment changes, naming the Children solely as irrevocable beneficiaries of such policies until such time as each Child reaches the age of twenty-one (21). They shall each provide a written list to the other setting forth the insurance company (s), policy number(s), and principal amount (s) of such insurance as provided above with proof of beneficiary. They also agree not to borrow against or assign said policies without prior written consent of the other party. Both Parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as long as each Child is owed a duty of support. 12 B. Husband shall maintain his term life insurance policy with First Colony Life Insurance Company (policy number 2,240,886) in the initial amount of $800,000.00 naming Wife as irrevocable beneficiary, to secure Husband's obligations as to alimony. This policy shall expire in 2016. Husband agrees to make every effort to extend this policy until 2017 when wife reaches age 62. Wife shall be given proof on an annual basis of the maintenance of this policy effective July 1, 2002 and annually. thereafter. 27. ALIMONY The Husband will pay to the Wife the sum of $60,000.00 per year payable monthly at $5,000.00 from date of Decree until the Wife's sixty-second (62nd) birthday, effective upon the entry of the Decree. Such payment shall be deemed alimony. The parties intend this payment to be non-taxable to wife and non-deductible to the Husband. Each such payment shall be due and owing on the first day of each successive month. Each such payment shall be due and owing on the first day of each successive month and shall be placed in First Class mail to arrive on or before the first. In the event that the Husband is late for two consecutive payments, Wife shall have the option to transfer this matter to Cumberland county domestic Relations Office for administration and enforcement via a wage attachment. Upon the death, cohabitation or remarriage of the Wife, the obligation to pay alimony shall terminate. Alimony shall be non-taxable to the wife. It is Husband's and Wife's express and irrevocable intention that the payments of alimony as set forth in this paragraph are non-modifiable as to either amount, duration, or taxability by the Pennsylvania courts or any court of competent jurisdiction. Although this agreement shall be incorporated into the Decree of Divorce, and the alimony payments may be entered as an Agreed order with the Domestic Relations Section of the Court, the parties expressly intend that this shall not be deemed to be a merger. Husband and Wife expressly intend that Husband's obligation to pay the sums set forth above and Wife's right to receive those sums are not only contractual in nature but are also enforceable 13 by this Court pursuant to §503 of the Divorce Code and enforceable by any other Court of competent jurisdiction. Husband and Wife further acknowledge that they have been advised of the language contained in §501(e) of the Divorce Code, and it is their specific intention, request and directive that §501(e) not govern nor be applied to the terms of this agreement. Husband and Wife agree and acknowledge that neither shall file actions in this Court or any other Court to either increase or decrease the amount or term of alimony or in any way alter the provisions for payment of alimony as set forth in this agreement. In the event that either Husband or Wife should institute an action to modify the alimony provisions of this agreement, it is agreed that the party petitioning the Court shall indemnify the non- petitioning party to the extent of the increase or decrease obtained. The . parties further agree that the petitioning party shall promptly pay the non- petitioning party's attorney's fees, Court costs and expenses in defending the action. Husband and Wife agree that this indemnification shall inure to the estate, heirs, and assigns of the petitioning party. 28. DIVORCE Husband and Wife agree that Husband has filed a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that both parties will execute concurrently with this agreement the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 29. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the, negotiation and preparation of this Agreement and the granting of a divorce decree. 14 • 30. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 31. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 32. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. RECONCILIATION In the event the parties reconcile at a later date, this agreement shall remain in full force and effect unless subsequently modified by agreement of the parties. 34. 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 35. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 15 ¦ 36. 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 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 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. 37. 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. 38. SUBSEQUENT DIVORCE , Husband has filed a Complaint in Divorce against Wife.' Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is colwl'?tded,,,Wife shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 29. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 39. 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. 16 r i 40. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness w' e 17 a Y OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the day of ,200 before me, a Notary Public, the undersigned officer, rsonally appeared Richard B. Pursell, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. Q=NMLM Notary Public 6! mmm, ° ^ hoz o am 0=bGft74 rv AvC=zW= B*w June 28.2m COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the a"'day of ie 2001, before me, a Notary Public, the undersigned officer, personally appeared Nancy C. Pursell, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public Notarial Wl?n?110.nll Susanne K. Sather, Camp Hill Bom, CuMy Commission ExpiMember, PennsyNanlaASSOO18 f RICHARD H. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE NANCY C. PURSELL, Defendant NO.2001-305 CIVIL TERM 2001 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) 2. Date and manner of service of the complaint: mailed certified mail, restricted delivery no. 7033 3400 0018 5048 7874 on January 16 2001, service was accepted on January 18, 2001 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff August 27.2002; by the defendant August 27, 2002 4. Related claims pending: NONE - Property Settlement Agreement Entered into on June 13, 2002 5. Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 27, 2002. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 29, 2002 Date: August 28, 2002 Attorney r the Plaintiff Cl^ Ir 4 - RICHARD B. PURSELL, Plaintiff V. NANCY C. PURSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # DF -26S CIVIL TERM 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. 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, Pennsylvania 17013 717-249-3166 RICHARD B. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE NANCY C. PURSELL, Defendant # (91-.3615 5 CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I, Richard B. Pursell, being duly sworn according to law, depose and say: 1. 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. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: o% day of 2001 o?-t ?lQ?t CA-J Notary Public ,--e Sworn and subscribe to befor me this Richard B. Pursell, Plaintiff V 1 c? ?. G®"° 70- ,, RICHARD B. PURSELL, Plaintiff V. NANCY C. PURSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # 0 I-365 CIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Richard B. Pursell, Plaintiff, by his attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Richard B. Pursell, a U. S. citizen, who currently resides at 7 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, since 1988. 2. Defendant, an adult sui juris, is Nancy C. Pursell, a U. S. citizen, who currently resides at 7 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, since 1988. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26, 1978, at Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. 7. The marriage is irretrievably broken. B. Plaintiff and Defendant have lived separate and apart since October 26, 2000. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a decree of divorce. COUNT I - IRRETRIEVABLE BREAKDOWN 3301 W of the Divorce Code 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since October 26, 2000. 13. Plaintiff has been advised as to the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 14. Plaintiff requests the Court to enter a decree of divorce. COUNT II - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE is. Paragraphs 1 through 14 are hereby incorporated by reference and made a part hereof. 16. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 17. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. A WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiff and defendant. a. As to Count I, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count II, that this Court determine marital property and order an equitable distribution thereof. c Such other additional relief as the Court deems necessary and appropriate. I verify that the statements made in this Complaint 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: &4L..4 '?) - Richard B. Pursell, Plaintiff' Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA sa COUNTY OF CUMBERLAND The above named, Richard B. Pursell, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Rich rd B. Pursell, Plaintiff Sworn and subscr. to befo e me this 1- day o 2 OC? . of NI OX -4. 67D?UI c,) Notary Public OVAM A. ca" 80M anke0ow e •"""'ePub& ry Aly C.ommkdoa Eiq*n June 28, 20MI a - ?e?r . _ RICHARD B. PURSELL, Plaintiff Vs. NANCY C. PURSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.2001-305 CIVIL TERM 2001 AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA Be COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Richard B. Pursell, being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint, was served on Nancy C. Pursell, at 7 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, by mailing the same to her by certified mail, restricted delivery, No. 7099 3400 0018 5048 7874, on January 16, 2001 Service was accepted on January 18, 2001. Sworn and subsc V-to before me this? day of Q Ah\- ia .ta -! 2 CQ.L. Ruby D. We `s, Esquire v --u -? Oft A. a)MOW, u ?Fl Q ? 1 f?(? \MKUL3 Notary Public COMO 00% Cumbukod Coin A* COMMMM &Phu June 28, 2?"., s r m IECWIC 6 PA 17050 ep Postage $ f1,39 v., -2' f1 G Certified Fee - ? ostm Return Receipt Fee 111.50 try Here (P '- •O (Endorsement Required) ! Al ?" d -. 1 ?- J Z cn °o fn C3 Restricted Delivery Fee •'? : 1 SD <"a N t ;Y C (Endorsement Required) Q C Totel Postage & Fees $ $7.99 0 M ( be com feted by ",'' Reci V Nam (PI nut CleorY U $? - - -- ? Street 0 o - A .; o ox No. Ill- ,4 - ZI i-0 C Ci -, ate,- M1 ¦ -Complete items 1, 2, and 3. Also complete item 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. A. B. 1. Article Addressed to: 7?U/> -/e. 61e v7 ?fiqulCS ?UR9) }?4 /70501 U RESTR D. 7s fNery address different from item 1? If ES, enter delivery address below: ? 3 S ^'ice Type fCertifietl Mall ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number-(Copy from service label ,70 R 4VC t? iSCQ' 7F * i PS Form 3811, July 1999 Domestic Return Receipt 102595-90-14-0952 J RICHARD B. PURSELL, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, * PENNSYLVANIA * VS. * NO. 2001-305 * NANCY C. PURSELL, * CIVIL ACTION - LAW Defendant * IN DIVORCE ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, Defendant, Nancy C. Pursell, by and through her attorney, Tonia M. Torquato, Esquire, answers the within Divorce Complaint and avers as follows: ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant is unwilling to admit at this time that the marriage is irretrievably broken. 8. Denied. Defendant denies the parties have lived separate and apart since October 26, 2000 and avers their final date of separation occurred when Defendant moved out of the marital residence on January 18, 2001.. E.. - 9. Denied. Defendant is without sufficient information to form a belief as to the truth of this averment. 10. Denied. Defendant is without sufficient information to form a belief as to the truth of this averment. COUNT I - IRRETRIEVABLE BREAKDOWN 3301(c) of the DIVORCE CODE 11. Paragraphs 1 through 10 of Plaintiff's Divorce Complaint, together with Defendant's Answers thereto are incorporated by reference. 12. Denied. Defendant is unwilling to admit at this time that the marriage is irretrievably broken. A. Denied. Defendant denies the parties have lived separate and apart since October 26, 2000 and avers their final date of separation occurred when Defendant moved out of the marital residence on January 18, 2001. 13. Denied. Defendant is without sufficient information to form a belief as to the truth of this averment. 14. Denied. Defendant is without sufficient information to form a belief as to the truth of this averment. COUNT II - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 15. Paragraphs 1 through 14 of Plaintiff's Divorce Complaint, together with Defendant's Answers thereto are incorporated by reference. I, loom I WMM"""M? 16. Admitted. 17. Admitted. COUNTER-CLAIM IN DIVORCE COUNT III. REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(b) OF THE DIVORCE CODE 18. The prior paragraphs of this Answer are incorporated herein by reference thereto. 19. Plaintiff has offered such indignities to Defendant, who is the innocent and injured spouse, as to render Defendant's condition intolerable and life burdensome. 20. This action is not collusive as defined by §3309 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(b) of the Divorce Code. COUNT IV. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. The marriage of the Parties is irretrievably broken. J 23. The parties are living separate and apart and at the appropriate time, Defendant will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT V. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. During the course of the marriage, Plaintiff has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 26. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. I COUNT VI. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. Defendant is unable to sustain herself during the course of litigation. 29. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 30. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Defendat respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VII. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 31. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 32. Defendant has employed Tonia M. Torquato, Esquire, to represent her in this matrimonial cause. 33. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 34. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 35. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT VIII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 36. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 37. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 38. While no settlement has been reached as of the date of the filing of this Complaint, Defendant is and has always been willing to negotiate a fair and reasonable settlement of all matters with Plaintiff. 39. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Defendant desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Defendant respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: BY: YL U U TONIA M. TORQ TO, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #84406 ATTORNEY FOR DEFENDANT Date: I" 21 - N VERIFICATION I, Nancy C. Pursell, hereby swear and affirm that the facts contained in the foregoing Counter-Claim are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Dat1 ?/ I I No loom-IN 1 1 O N ?b c? ?G D C.1 G C) '79 t ?C7 1? RICHARD B. PURSELL, Plaintiff Vs. NANCY C. PURSELL, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. 2001-305 * * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE 1, Misty D. Lehman, Legal Assistnat to Tonia M. Torquato, Esquire, hereby certify that on January 24, 2001, 1 served a true and correct copy of an Answer and Counterclaim in Divorce upon Ruby D. Weeks, Esquire, counsel for the Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Ruby D. Weeks, Esquire 10 West Hight Street Carlisle, PA 17013 Date: ?- aL\_61 DA`? -J Misty D. Lehman m? rT L y r, r*0 N RICHARD B. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 01-305 CIVIL TERM NANCY C. PURSELL, IN DIVORCE Defendant/Petitioner DR# 30526 Pacses# 490103177 ORDER OF COURT AND NOW, this 20'k day of March, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on April 25, 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 3=tit' fo < Respondent Tonia M. Torquato, Esquire Ruby Weeks, Esquire Date of Order: March 20, 2001 R. J. S dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 4?y V'l?V?'i"?IASiViUdd A1.P?f?C? rr..,r,-?,t?=;;?ty?tnw ,? .. I ?. RICHARD B. PURSELL, Plaintiff VS. NANCY C. PURSELL, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 2001-305 * CIVIL ACTION - LAW * IN DIVORCE Petition for Alimony Pendente Lite Conference AND NOW comes Nancy C. Pursell, Plaintiff/Petitioner, files this Petition for Alimony Pendente Lite Conference, by and through her attorney, Tonia M. Torquato, Esquire and avers in support as follows: 1. Petitioner is Nancy C. Pursell, date of birth February 17, 1955, Social Security Number, 181-38-9266, who resides at 7 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Richard B. Pursell, date of birth November 22, 1951, Social Security Number, 181-42-7548, who resides at 17 Oak Ridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Petitioner and Respondent were married on May 26, 1978, in Cumberland County, Pennsylvania. 4. Petitioner and Respondent are the parents of two children: Jeffrey Pursell, age 20, date of birth, September 11, 1980, and Kristin Pursell, age 18, date of birth, December 11, 1982. 5. The parties separated on January 18, 2001. On January 24, 2001, Petitioner filed an Answer and Counter Claim in divorce which includes a count for Alimony Pendente Lite and counsel fees. 6. A DRS Attachment for APL Proceedings has been filed with the Court simultaneously with this Petition, attached hereto as Exhibit "A." 7. Petitioner has already filed a support action with the Cumberland County Domestic Relations Office, DR No. 16 S 2001, PACSES Case No. 525102997. This matter has been scheduled before Amy L. Ickes, and an initial conference was scheduled for February 27, 2001, at 10:30 a.m. however, the conference has been continued until March 27, 20Q1, at 9:00 a.m. 8. Petitioner requests that the initial complaint for support be amended to request Alimony Pendente Lite, rather than spousal support and that an Alimony Pendent Lite conference be scheduled. WHEREFORE, Petitioner respectfully requests a conference be held at the Domestic Relations Office to address her claim for alimony pendente lite and/or counsel fees. Dated: L-28 Respectfully submitted: Tonia M. To qua 6, Es ire 2650 N. Third Street Harrisburg, PA 17110 (717) 238-2200 ID #84406 Attorney for Plaintiff VERIFICATION I, Nancy C. Pursell, hereby swear and affirm that the facts contained in the foregoing Petition for Alimony Pendente Lite Conference are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 41Z71011 Nan y ursell RICHARD B. PURSELL, Plaintiff VS. NANCY C. PURSELL, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 2001-305 * CIVIL ACTION - LAW * IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITION NAME NANCY C. PURSELL ADDRESS 7 TRUFFLE GLEN ROAD MECHANICSBURG, PA 17050 BIRTH DATE FEBRUARY 17, 1955 SOCIAL SECURITY NUMBER 181-38-9266 HOME PHONE 717-697-0796 WORK PHONE (717) 697-0351 EMPLOYER NAME MECHANICSBURG PRESBYTERIAN CHURCH EMPLOYER ADDRESS 300 EAST SIMPSON STREET MECHANICSBURG, PA 17055 JOB TITLE/POSITION TEACHERS AIDE DATE EMPLOYMENT COMMENCED NOVEMBER 1997 GROSS PAY $3,091.00 per year NET PAY $2,736.00 PER YEAR/$228.00 net monthly OTHER INCOME NONE ATTORNEY'S NAME TONIA M. TORQUATO, ESQUIRE ATTORNEY'S ADDRESS 2650 N. THIRD STREET HARRISBURG, PA 17110 ATTORNEY'S PHONE NUMBER 717-238-2200 _, RESPONDENT NAME RICHARD B. PURSELL ADDRESS 17 OAK RIDGE ROAD CARLISLE, PA 17013 BIRTH DATE NOVEMBER 22, 1951 SOCIAL SECURITY NUMBER 181-42-7548 HOME PHONE (717) 218-5427 WORK PHONE 1-800-348-1776 EMPLOYER NAME LEGG MASON WOOD WALKER INC. EMPLOYER ADDRESS 100 LIGHT STREET BALTIMORE, MD 21202 JOB TITLE/POSITION ACCOUNT EXECUTIVE DATE EMPLOYMENT COMMENCED 9 OR 10 YEARS AGO GROSS PAY $387,187 per year NET PAY $241,419.00 per year/$20,118 net monthly OTHER INCOME STOCKS, INTEREST AND DIVIDEND INCOME ATTORNEY'S NAME RUBY D. WEEKS, ESQUIRE ATTORNEY'S ADDRESS 10 WEST HIGH STREET CARLISLE, PA 17013 ATTORNEY'S PHONE NUMBER 717-243-1294 MARRIAGE INFORMATION DATE OF MARRIAGE MAY 26, 1978 PLACE OF MARRIAGE CAMP HILL, PA DATE OF SEPARATION JANUARY 18, 2001 ADDRESS OF LAST MARITAL HOME 7 TRUFFLE GLEN ROAD MECHANICSBURG, PA 17050 DESCRIPTION OF DOCUMENT RAISING APL CLAIM ANSWER AND COUNTER-CLAIM IN DIVORCE DATE APL DOCUMENT FILED FEBRUARY 28, 2001 r? ? - cr, ... L.J y .? ?.` 't "TaGC: -?? _t C3 -c? "? ?? ?f'st W aD ? RICHARD B. PURSELL, Plaintiff VS. NANCY C. PURSELL, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. 2001-305 * * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Tonia M. Torquato, Esquire, hereby certify that on March 12, 2001, I served a true and correct copy of a Petition for Alimony Pendente Lite Conference and DRS Attachment for APL Proceedings upon Ruby D. Weeks, Esquire, counsel for the Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 Date: -,2-61 Mis D. Lehm n ? 2\9 C7a ? -{ NANCY C. PURSELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-305 RICHARD B. PURSELL, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR WITHDRAWAL TO THE PROTHONOTARY,CUMBERLAND COUNTY Please withdraw my appearance as counsel for NANCY C. PURSELL. EDW J. WEINTRAUB, ESQUIRE No.: 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Please entry my appearance as counsel on behalf of NANCY C. PURSELL. REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 C? Q CIO G ? qo i RICHARD B. PURSELL, Plaintiff V. NANCY C. PURSELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-305 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Kindly withdraw on behalf of the Defendant, Nancy C. Pursell , the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and Maintenance and Beneficiary Designations hereto filed in this matter, as this matter has been settled. Respectfully Submitted, DATED: July 19, 2002 Camp Hill, PA 17011 (717) 763-1383 w c rr C_i f_ v ?J C n f° ay 3 `) $ww, .' were. a. ss, -. »rs"'s*rs* u.i ??- °a?ussa_',a yam on€5?wa RICHARD B. PURSELL, Plaintiff VS. NANCY C. PURSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.2001-305 CIVIL TERM 2001 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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. 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. Dated: & P Richard B. Pursell, Plaintiff C r?''v uo r ?t ? ? K 4-00 Nancy C. PURSELL IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-305 RICHARD B. PURSELL, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: n ; m flo r ? ? 3 ? c RICHARD B. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE NANCY C. PURSELL, Defendant NO.2001-305 CIVIL TERM 2001 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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. Date: bk Lchard B. Pursell, Plaintiff -A _0 MA m t°. Cl? NANCY C. PURSELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2001-305 RICHARD B. PURSELL, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 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. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: 77- N C.PURSELL ?l n (?s ? C?"1 K r r a 11LO V Lft RICHARD B. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW IN DIVORCE NANCY C. PURSELL, Defendant NO.2001-305 CIVIL TERM 2001 ORDER ?wrf..,?? AND NOW, this I day of A & the attached Stipulation and Agreement datedlz in this case is incorporated, but not merged, into thi: 20O? - .the parties of Court. CC: Ruby D. Weeks, Esquire Debra Denison Cantor, Esquire !'+i?11r?°,idS??,+??!?? <?, r t. .o ':,i "' i ?Iv't? _? -. ?., RICHARD B. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW IN DIVORCE NANCY C. PURSELL, Defendant NO.2001-305 CIVIL TERM 2001 "DOMESTIC RELATIONS ORDER" AND NOW, this day of B. Pursell, Plaintiff, and Nancy C Stipulated as follows: 2002, the parties, Richard Pursell, Defendant, have Agreed and 1. The Plaintiff, Richard B. Pursell, (hereinafter referred to as "Member") has a personal IRA account naming First Clearing Corporation as custodian, account number 6841-6566. 2. Member's date of birth is November 22, 1951, and his Social Security number is 181-42-7548. 3. The Defendant, Nancy C. Pursell, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is February 17, 1955 and her Social Security number i /8/-3P 1'.266 4. Member's last known mailing address is: 17 Oak Ridge Road, Carlisle, PA 17013 5. Alternate Payee's current mailing address is: 7 Truffle Glen Road. Mechanicsburg, PA 17050 6. (a) The marital property component of Member's IRA benefit is $127,127.13 e (b) One Hundred percent of $127,127.13 of the marital property component of Member's IRA is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 7. Alternate Payee: The portion attributed to alternate payee shall be transferred to a tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall be solely liable for any taxes subsequent to the transfer of these funds, 8. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations order. 9. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order. 11. Upon entry as a Domestic Relations order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon Richard Pursell and alternate payee immediately. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands `ad seals. P1 intiff/Member D e e e d t/Alt r t ee Attorney for Plaintiff/Member Date A t o r n e y f o r Defendant/Alter to Payee AND NOW, this I q * day of N directed that this Agreement and Stir a Domestic Relations Order. 2002, It is ordered and made an Order of Court and CC: Ruby D. Weeks, Esquire Debra Denison Cantor, Esquire RICHARD B. PURSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - IAW IN DIVORCE NANCY C. PURSELL, Defendant NO.2001-305 CIVIL TERM 2001 DETERMINATION AS TO QUALIFICATION ON DOMESTIC RELATIONS ORDER, NOTICE TO PARTICIPANT AND ALTERNATE PAYEE, AND AGREEMENT TO COMPLY WITH ORDER Pursuant to the requirements of the Retirement Equity Act of 1984, that Richard Pursell as Owner of said IRA and as Branch Manager for First Clearing Corporation the custodian of account number 6841-6566, and any successor, hereby states as follows: 1. The Order of the Court of Common Pleas of Cumberland County, Pennsylvania, is a Qualified Domestic Relations Order; and 2. The participant and the Alternate Payee/surviving spouse are hereby notified as to the qualifications of said Order; and 3. The undersigned will comply with all of the terms and conditions of said Order upon its signature by the Court. Dated this .3/ 1?f day of 2002. Richard Pursell, Branch Manager CC: Ruby D. Weeks, Esquire Debra Denison Cantor, Esquire M ? > a) 1 LL1 .i Y icy'. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RICHARD B. PURSELL, ) Docket Number 01-305 CIVIL Plaintiff /Respondent ) VS. ) PACSES Case Number 490103177/30526 NANCY.C. PURSELL,_ ) Defendant/Petitioner ) Other State ID Number ORDER AND NOW, to wit on this 4TH DAY OF NOVEMBER, 2002 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on MARCH 7, 2001 in the above captioned - matter is dismissed without prejudice due to: NO ACTION BEING PURSUED THROUGH THE DOMESTIC RELATIONS SECTION SINCE MAY 21, 2001. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xC: plaintiff defendant Ruby Weeks, Esquire Edwaxd Weintraub, Esquire BY THE COURT: g Service Type M Form OE-506 Worker ID 21005 RICHARD B. PURSELL, Plaintiff VS. NANCY C. PURSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.2001-305 CIVIL TERM 2001 PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Division of Property, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into June 13, 2002. ?-? Dated: O Ruby D. Week , Esquire Attorney for Plaintiff CC: Ruby D. Weeks, Esquire Debra Denison Cantor, Esquire b. ?i m C=ri 4 CID tS? g AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court you must attend the scheduled conference or hearing.