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HomeMy WebLinkAbout03-3834 GREGORY L. LEWIS, Plaintiff . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. o:s -.3J'.?l{ (!/(J~lr~~ . Defendant . CIVIL ACTION - LAW IN DIVORCE JOAN M. LEWIS, . 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 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 Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 GREGORY L. LEWIS, Plaintiff . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 03 - 3PJ(( CIVIL ACTION - LAW IN DIVORCE (}"LJ..tr~ . JOAN M. LEWIS, . Defendant . COMPLAINT UNDER ~3301 OF THE DIVORCE CODE 1. Plaintiff is GREGORY L. LEWIS who currently resides at 12 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is JOAN M. LEWIS who currently resides at 504 Bosler Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on December 23, 1973 in Marcus Hook, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I. REQUEST FOR A No-FAULT DIVORCE UNDER S3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER S3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff 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, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 and ~3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 20. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff 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, Plaintiff 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: /ninrwmr Je~ni~e~. Frechette, Esquire One South Baltimore Street Dillsburg, PA 17109 (717) 432-9666 ID #87445 Date: 0\ \ l D~ ATTORNEY FOR PLAINTIFF VERIFICATION I, GREGORY L. LEWIS, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce 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: g;'J?-~03 ~~-/~ GREGORY,,?, dWIS r (;) ~ -.fQ. 1.( ~ lO - () & -G 0 .~--". C~, C) '..' S "...... .. . ~ ~ ...... & ~ () "t fl', ""') ~ 0 I I' 0- D ce' ""0 ~ , I . ._~ ~ -V .....- ~ ( . . p:: c .. ';I 'J 1 -, ..- -.... r- ~ GREGORY L. LEWIS Plaintiff, * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYL VANIA * vs. * NO. 03-3834 * JOAN M. LEWIS Defendant. * CIVIL ACTION - LAW * IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, hereby accept ser,ice of the Complaint For Divorce Under Section 3301(c) of the Divorce Code on behalf of my client Joan M. Lewis, which was filed on August 7, 2003, to the above referenced term and number, and verity that I am authorized to do so. Dated: bJ / Lf I 0 ~ I I ~~/ ~Meilton, Esq Ire () Ci () C C..) -n -, ~. ~ . - .~ n~\ " :z. q '""' :% , ", (/) C:J 0< . s=~ " . ~~' " ^ ..; "_n '~:;J , ..:.,. -< GREGORY L. LEWIS, Plaintiff IN. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , v. NO. 03-3834 CIVIL TERM JOAN M. LEWIS, Defendant IN DIVORCE ELECTION TO RESUME PRIOR NAME I, Joan M. Lewis, do hereby elect to resume my prior name, to wit: Joan M. Montello. As noted abovl" I am a party in the divorce action entered to the above number and term, and give this written notice avowing my intention in accordance with the provisions of 54 Pa.C.S.A. Section 704, as amended by Act 2000-92, effective January 21, 2001. /.~ 7J? ~//S oan M. Lewis, to be known as 7J;J, 77lrn <J.u4. M. Mont:ello ublic .. HI""---. ~J.fll1\- ~ND1lilh.,'''-~ "ll.&SlR),a~= ~-- Mr-'-"~I.:M1&lG --co..~ - - NCA- . to, 2llOll (SEAL) 67415.1 p obg. AJ ..:t 't- t D --, 0 = c-..> -n ~ ...- ....; :!~ :r::" ~ W " I'np. ~ :::;.) -oe:; ~ , ~(~ 1- 0.() CD ~::;j~ ~ CI't " <:~:!~ ~-1- -.'''. S?trn 6) ',~ r;-? ",<- ~:;i 1''',) 5~ .""'::... -'" r',.,) 01 - .Jf~Lf C':uiL'r~ ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT DATED MARCH 3. 2004 BETWEEN GREGORY L. LEWIS AND JOAN M. MONTELLO THIS ADDENDUM, made thi~.0~ay of March, 2004, by and between Gregory L. Lewis (hereinafter referred to as "Husband") and Joan M. Montello (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties executed a Property Settlement Agreement on March 3, 2004; which referred to Husband's agreement to relinqllish his ownership rights to marital property located at 10144 Ginger Pointe Court, Bonita Springs, Florida to Wife; WHEREAS, the parties have a membership with Shadow Wood Country Club at the Brooks (hereinafter "the country club") near the property at 10144 Ginger Pointe Court, Bonita Springs, Florida; WHEREAS, the parties agree the Marital Settlement Agreement Dated March 3, 2004 needs clarification on the above premises that Wife shall be solely responsible for any and all membership fees, dues, and maintenance costs relative to the country club membership, and she shall hold Husband harmless re!~arding same; WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his counsel Jennifer L. FrechettE', Esquire, and Wife by her attorney, Sandra L. Meilton, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the abovE~ recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. AGREEMENT THAT WIFE SHALL BE SOLELY RESPONSIBLE FOR THE COSTS OF MAINTAINING MEMBERSHIP IN THE SHADOW WOOD COUNTRY CLUB IN BONITA SPRINGS, FLORIDA: The parties hereto agree that Husband relinquishes all his right and claim to the parties' country club membership in Bonita Springs, Florida, including a $50,000 refundable deposit, and that Wife is hereby solely responsible for any costs associated with maintaining said membership, should she choose to do so. 2. APPLICABLE LAW: This Addendum shall be construed under the laws of the Commonwealth of Pennsylvania. 3. AGREEMENT BINDING ON HEIRS: This Addendum shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto haVE! set their hands and seals the day and year first above written. WITNESSES: "lh rJwtc ;/11} oan M. Montello G~L'J: ~~ Li. t5~ ess 1Nt1Jkr Witness o c ~c~ ~U;-';' :::--1 --< . '" C~ c::) .r- >- -\J = o 'T1 --I -r H,:7J ,- \:")rn ,",eJ C) l ~-~.~ ~G ~3~ :::-~ :'_0 -< .::- :::1. -;;.- r:-? C.., Ur GREGORY L. LEWIS, * IN THE COIURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, * PENNSYLVANIA * V5. * NO. 03-3834 * JOAN M. LEWIS, * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 93301(c) of the Divoree Code was filed on August 7, 2003. 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. If / :J, 1 /oy Date I ~~ ~ r:Z~ Gregory U IS Plaintiff o c:: 2" -elL: rrif11 ~~~ ~\ ; ;.'-;)'>' v> t: :[':-:c""- .:;; f:~ ~ ..< ,..., "'" = .r- ::lC ~ I cn -0 -, ..;... ~ --I :I:-n fnf:: -o1'Tl -nO ob -1--T. -c-r",\ C)[-'J ~;il'1 . , ::::-\ E~ ,~..... --- r:? 0" N GREGORY L. LEWIS, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, . PENNSYLVANIA . VS. . NO. 03-3B:34 . JOAN M. LEWIS, . CIVIL AClrlON - LAW Defendant . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of I 8 Pa. c.s. 94904 relating to unsworn falsification to authorities. Date ~~? 71, G~Li,(L Plaintiff o c: ;:,- -Ul~: CC}{r"' " ";.' :'n.:" f:>( :.~- "'...f / >c: z: ~ ~ c..., = .r:- 3 :D'" -<: I if> o -n :t!" rn-.~' ::;:; -0__, :oy r) _ :.-lC) t2~ ~~~ ~ -0 -'- r:-? U1 N , . . PROPERTY SETTLEMENT AGREEMENT j2- rI Il/l I THIS AGREEMENT, Made this :J day of Iller, (V\ ' 2004, by and between GREGORY L. LEWIS, hereinafter referred to as "Husband", and JOAN M. MONTELLO, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 23; 1973; and WHEREAS, one child was born of this marriage, namely, Alexander Lewis, born August 4, 1976; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Jennifer L. Frechette, and Wife bY her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. . 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on March 8, 2003, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on March 8, 2003, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: - 2- Description of Debt Mortgage held by Sun Trust on Florida real estate Responsible Party Wife Wife agrees to pay this outstanding debt as set forth in Paragraph 7.B.(4) below and further agrees to indemnify and save Husband harmless from any and all claims and demands made against him by reason of such debts or obligations. In the event that either party contracted or incurred any debts since the date of separation on March 8, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or 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 arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.SA Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.SA Section 3501 et. sea., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; - 3 - and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. FURNISHINGS AND PERSONALTY: The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the residences referenced in subparagraphs 7.8.(1), (3), (4), (5) and (6) below, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Wife shall retain, as her sole property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the home referred to later in this Agreement as the Marital Residence, the Delaware Home, the Florida Home and the Gardners Home. However, the parties acknowledge that Husband may, if he so desires, have personal items that may be located at either the Delaware Home or the Florida Home. If there are items in either of these locations that Husband would like to retain, he may do so with Wife's agreement. Absent an ability to agree, Lee E. Cavanaugh, CPA, shall assist the parties in reaching a mutual agreement with regard to items in dispute. It is the intention of this Agreement that Wife will retain the assets in the Delaware Home and the Florida Home, and is intended to afford Husband the opportunity to retain a few selected items from these locations. With the exceptions noted above, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any -4- . nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. 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. B. DISTRIBUTION OF REAL ESTATE: (1) Marital Residence: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 504 Bosler Drive, Cumberland County, Carlisle, Pennsylvania (hereinafter referred to as "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Marital Residence to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Marital Residence. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. - 5- (2) Bosler Drive Lot: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property adjacent to the lot containing the Marital Residence on Bosler Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "the Lot"). The parties agree as follows with respect to the Lot: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Lot to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Lot. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Lot shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Lot regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (3) Delaware Home: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 4 Sea Del Drive, Bethany Beach, Sussex County, Delaware (hereinafter referred to as "Delaware Home"). The parties agree as follows with respect to the Delaware Home: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Delaware Home to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Delaware Home. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Delaware Home shall be endorsed to reflect Wife as sole owner thereof and further .6- agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Delaware Home regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (4) Florida Home: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 10144 Ginger Pointe Court, Bonita Springs, Lee County, Florida (hereinafter referred to as "Florida Home"). The parties agree as follows with respect to the Florida Home: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Florida Home to Wife subject to the mortgage with Sun Trust and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Florida Home. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Florida Home shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Florida Home regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (5) Gardners Home: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 154 Murphy - 7- Road, Gardners, Cumberland County, Pennsylvania (hereinafter referred to as "Gardners Home"). The parties agree as follows with respect to the Gardners Home: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Gardners Home to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Gardners Home. (b) Husband agrees that as of the date of execution of this Agreement, any and all titie policies and any other policy of insurance with respect to the Gardners Home shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Gardners Home regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (6) Strayer Drive: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 121 Strayer Drive, Carlisle, PA 17013 (hereinafter referred to as "Strayer Drive"). The parties agree as follows with respect to Strayer Drive: (a) At the time of the execution of this Agreement, Wife shall execute all documents necessary including a deed, to transfer all her right, title and interest in Strayer Drive to Husband and shall deliver said documents to Husband's counsel who shall deliver the deed as provided herein. Thereafter, Husband shall be the sole and separate owner of Strayer Drive. (b) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to Strayer Drive shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. - 8- (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to Strayer Drive regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. C. MANUFACTURERS AND TRADERS TRUST COMPANY (hereinafter referred to in this Aqreement as "M&T Bank"): The parties acknowledge that during the marriage they contributed to the M& T Bank account, Account No. Acct. 415227602 and agree that this account shall be distributed so that Husband receives $250,000 from the account. Thereafter, the account shall be divided equally between the parties. D. SAFETY DEPOSIT BOX: The parties acknowledge that during the marriage, they had a joint safety deposit box at M&T Bank. The contents of the safety deposit box shall be divided equally between the parties. E. M& T BANK STOCK: The parties acknowledge that during the marriage they have jointly acquired shares of M& T Bank stock. These shares shall be divided equally between the parties with each party obtaining an equal number of shares. After the division of the shares, the parties shall each be deemed to be the owner of his or her shares free and clear of any claim of the other party. F. CDDA LIMITED AND CEC LIMITED STOCK: The parties acknowledge the ownership of CDDA Limited Stock and CEC Limited Stock. The parties agree that Husband shall retain the CDDA Limited Stock and the CEC Limited Stock free and clear of any claim by Wife. G. CDDA REAL ESTATE PARTNERSHIP: The parties acknowledge that during their marriage, Husband acquired an interest in the CDDA Real Estate Partnership. The parties acknowledge that the CDDA Real Estate Partnership shall be Husband's sole and exclusive property, free and clear of any right, title, claim and/or interest of Wife. Moreover, Husband shall hold Wife and her successors, assigns, -9- heirs, executors and administrators indemnified and held harmless from any liability, cost or expense including actual attorney's fees, which may be incurred in connection with the CDDA Real Estate Partnership. H. MEDICAL ARTS ALLERGY. PC REAL ESTATE PARTNERSHIP: The parties acknowledge that during their marriage, Wife acquired an interest in the Medical Arts Allergy, PC Real Estate Partnership. The parties acknowledge that the Medical Arts Allergy, PC Real Estate Partnership shall be Wife's sole and exclusive property, free and clear of any right, title, claim and/or interest of Husband. Moreover, Wife shall hold Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense including actual attorney's fees, which may be incurred in connection with the Medical Arts Allergy, PC Real Estate Partnership. I. MEDICAL ARTS ALLERGY, PC STOCK: The parties acknowledge that during their marriage, Wife acquired an interest in the Medical Arts Allergy, P.C. Stock. The parties acknowledge that the Medical Arts Allergy, PC Stock shall be Wife's sole and exclusive property, free and clear of any right, title, claim and/or interest of Husband. Moreover, Wife shall hold Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense including actual attorney's fees, which may be incurred in connection with the Medical Arts Allergy, PC Stock. J. INDIVIDUAL RETIREMENT ACCOUNTS: The parties acknowledge the ownership of Individual Retirement Accounts (hereinafter "IRA") with Citizens Investment Services, Le., Wife's IRA Account No. 57223901 and Husband's IRA Account No. 57223915, noting that Husband's IRA includes an M&T Bank Certificate of Deposit, No. 35004200215520. The parties acknowledge and agree that Wife shall become the sole and exclusive owner of her IRA and Husband shall become the sole and exclusive power of his IRA and the Certificate of Deposit noted above and that each party waives any right, title and interest in the IRA distributed to the other party. K. PENSION AND RETIREMENT BENEFITS: Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any - 10 - documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Specifically, the parties acknowledge and agree that Wife shall remain the sole and exclusive owner of her 401 (k) with Medical Arts Allergy, PC free and clear of any right, title, claim and/or interest of Husband and that Husband shall retain as his sole and separate property his 401 (k) with CCDA free and clear of any right, title, claim and/or interest of Wife. L. COIN COLLECTION: The parties agree that the coin collection received from Husband's father shall be Husband's sole and exclusive property, free and clear of any right, title, claim and/or interest of Wife. M. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 2004 Lexus 330 and the 2000 Lexus shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (b) the 2004 Lexus 470 shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. N. MISCELLANEOUS PROPERTY: Any and all property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. O. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. - 11 - P. PROPERTY TO WIFE: The parties agree that Wife shall own, possess and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. Q. ASSUMPTION OF ENCUMBRANCES: Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. R. TAX LIABILITY: The parties believe and agree 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. 8. ALIMONY: Husband is the beneficiary of two Trusts in the name of Husband's parents, Le. the Trust for Aletha Lewis, No. 415224609 with M& T Bank and the Trust for Claude Lewis, Jr., No. 415223601 with M&T Bank. Said benefits includes the right to a distribution of all annual income generated by the Trusts. Husband agrees to pay to Wife 50 percent (50%) of the gross Trust income on an annual basis with said 50 percent (50%),nnticipatod tv t,,,, d IIIlnhllWII uf $25,000 to $30,000 c:ulnunlly. Said payments shall be for the support and maintenance of Wife. 6 t- v Said alimony payments to Wife shall continue until the happening of the first of the following events: (a) Wife's death, (b) Husband's death, - 12- (c) Wife's remarriage, or (d) Wife's cohabitation with a person of the opposite sex, who is not a member of the Wife's immediate family within the degrees of consanguinity subsequent to the signing of this Agreement. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the payment of alimony to Wife by Husband are fair, adequate, and satisfactory to both parties and are based upon Wife's actual need and Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife or Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. 9. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 10. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is -13- 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. 11. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. SUBSEQUENT DIVORCE: The parties agree that at the time of the Signing of this Agreement, neither party intends to file suit for divorce. However, nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other at some point in the future, nor to bar the other from defending any such suit. In the event any such action is instituted, then the parties shall be bound by all the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, for the purpose of enforcement only and shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 13. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. - 14- 14. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 15. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their son, be third party beneficiaries of this Agreement at this time or at any time in the future. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 18. VOLUNTARY EXECUTION: The provisions of this Agreement al)d their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full - 15- . knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of thern or by their respective counsel. 19. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. - 16- . . The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. 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. - 17 - . , . .. .. 26. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. ~ (SEAL) /kJ~~ CZ_, 7JJ-n.n,~ ;5o~n M. Montello (SEAL) - 18- - . 11 .. .. COMMONWEALTH OF PENNSYLVANIA r- On this, the ~ day of Ma.-rcA. ,2004, before me, a Notary Public, the undersigned officer, personally appeared Gregory L. Lewis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. COUNTY OF ) ( ) SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~flf~ " Notanal Seal I 8, Dawn Gladfener. Notary Public Dl1Isbur Bcro. York Coun My Commls.Pon Expire. May 1 ~ 2005 MemIler,Pennsylvanl8AssoC1allonolNotarieS ) ( ) 3fC d .liII I On this, the day of 1/1 a/2 {t, , 2004, before me, a Notary Public, the undersigned officer, personally appeared Joan M. Montello, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Do..cf.h1h . SS: IN WITNESS WHEREOF, I h're""to "'"l hood ,"d offici,' ~" .d /.~ M.-;t~ NotarY Public 66240.1 N01NlW.IfN. GI.OIM M. IltNE Nolary I'IlbIc cnv Of 1WlRISIUllG. 0Il'1PI" COUNlY My CommlNlon ExpIIW Nov 5. 2007 r-,,--, , r:; -~n .--j T f~ '1 ~ '-.:-- -.r' \ - _1 , ) r,.) GREGORY L. LEWIS, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, . PENNSYLVANIA . V5. . NO. 03-3834 . JOAN M. LEWIS, . CIVIL ACTION - LAW Defendant . IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in Divorcc under 9330I(c) of the Divorce Code was filed on August 7, 2003. 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 a.ff1davit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ~ ~ ;tool( d5~t~ - q"'-1' / ?lJ;(~~ ~i~ M. Lewis Defendant r_,) _I ~_., ." ---, )'-j GREGORY L. LEWIS, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, . PENNSYLVANIA . vs. . NO. 03-3834 . JOAN M. LEWIS, . CIVIL ACTION - LAW Defendant . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORC~CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Q-"'-tI; '2-170/ ~;.- l1a.-v;>;>u(e-.w"$ n M. Lewis efendant r___) f;..) ,_1 -,1 .) )' GREGORY L. LEWIS Plaintiff, * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLV ANlA * vs. * NO. 03-3834 * Defendant. * CIVIL ACTION - LAW * IN DIVORCE JOAN M. LEWIS PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: A.n Acceptance of Service of the Divorce Complaint was slined by Sandra L. Meilton, Esquire on AUl:ust 14.2003. was filed with the Court on AUl:ust 20, 1llilJ.... 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: April 27 2004; By Defendant: June 4, 2004. (b) (I) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: lSLA (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: lSLA. 4. Related claims pending: All related claims were resolved by a Property Settlement Agreement dated March 3, 2004 with an Addendum to the Property Settlement Al:reePlent dated March 25, 2004. Said ortdnal Property Settlement Al:reement is beiQf filed simultaneously with the Court alon.: with this Praecipe to Transmit Record, and the Addendum has already been fIled with the Court on April 14.2004. 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: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: May 5, 2004; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Defendant's Waiver of Notice is dated June 4, 2004. and is bewl: filed simultaneously with this Praecipe to Transmit Record. Date: D /;2'-(/61-/ By: \ . / i J .Y J... flJ. .).1 -;-". .;Ji ,:LA Y ~{/'/J11.. Jepnifer ~ { spear~s4u1;. . Supreme tourt LD. #87445 130 West York Street, Suite 100 DiUsburg, PA 17019 (717) 432-9666 (Attorney for Plaintifl) '" '", ., .. , , . II;+; :ti '" :t::ti . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. GREGORY L. LEWIS, Plaintiff NO. 03-3834 Civil VERSUS JOAN M. LEWIS, n",f",nda'1t DECREE IN DIVORCE it 3t,Z-}~. AND NOW, ~::~LEW" -, PLAINTIFF, , 2004 , IT IS ORDERED AND DECREED THAT AND .ml\~ M, J,FWIS 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 terms and provisions of the Property Settlement Agreement signed by both parties on March 3, 2004 and the Addendum to the Property Settlement Agreement signed by both parties and dated March 25, 2004, are By THE COURT' incorporated but not merged in the Decree in Divorce and remain /} p. J. c''o . ~ r~'.~~'~i -~~THOV"'TARY binding upon the partie~ ... . . . .. . . .. . . . .. .. . . .. .. . .. .. .. . . . . .. . . .. . . . . .. . .. . . .. . . . . . . .. . . . . .. . .. . . . . . . . .. . . . . .. . . . . . .. . . .. . V~7~ ~ 'Z ~ ~ft-,/-'(J f.f' [ ~~~p7~~'r-9~(J~~' L , . . .. ' ,. .. "' 03'3~3Y ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT DATED MARCH 3. 2004 BETWEEN GREGORY L. LEWIS AND JOAN M. MONTELLO fe, THIS ADDENDUM, made thi~.5 day of March, 2004, by and between Gregory L. Lewis (hereinafter referred to as "Husband") and Joan M. Montello (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties executed a Property Settlement Agreement on March 3, 2004; which referred to Husband's agreement to relinquish his ownership rights to marital property located at 10144 Ginger Pointe Court, Bonita Springs, Florida to Wife; WHEREAS, the parties have a membership with Shadow Wood Country Club at the Brooks (hereinafter "the country club") near the property at 10144 Ginger Pointe Court, Bonita Springs, Florida; WHEREAS, the parties agree the Marital Settlement Agreement Dated March 3, 2004 needs clarification on the above premises that Wife shall be solely responsible for any and all membership fees, dues, and maintenance costs relative to the country club membership, and she shall hold Husband harmless regarding same; WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his counsel Jennifer L. Frechette, Esquire, and Wife by her attorney, Sandra L. Meilton, Esquire, have come to the following agreement. . ;'~ '), NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. AGREEMENT THAT WIFE SHALL BE SOLELY RESPONSIBLE FOR THE COSTS OF MAINTAINING MEMBERSHIP IN THE SHADOW WOOD COUNTRY CLUB IN BONITA SPRINGS, FLORIDA: The parties hereto agree that Husband relinquishes all his right and claim to the parties' country club membership in Bonita Springs, Florida, including a $50,000 refundable deposit, and that Wife is hereby solely responsible for any costs associated with maintaining said membership, should she choose to do so. 2. APPLICABLE LAW: This Addendum shall be construed under the laws of the Commonwealth of Pennsylvania. 3. AGREEMENT BINDING ON HEIRS: This Addendum shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. ,-< . , IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSES: '" ,J 7J"i 1/{..r71 J an M. Montello , 1711) ~ N1" ~. .zBM~ Wi ss Wi ~"'), ~_:J ;-\ i',j -", , (.) U '-,