Loading...
HomeMy WebLinkAbout07-4142JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32~ Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff JANE C. TANT, Plaintiff v. JOHN B. TANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorn~s for Plaintiff JANE C. TANT, Plaintiff v. JOHN B. TANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARR DEFENDER Y RECLAIMAR DERECHOS LISTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes pars usted. Cuando la base pars el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI LISTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, LISTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARR AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800.990.9108 JANE C. TANT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D7~ y1~~- ~s~~ ~ terms JOHN B. TANT, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Jane C. Tant, an adult individual who currently resides at 903A Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is John B. Tant, an adult individual who currently resides in Baltimore, Maryland, with a mailing address of P.O Box 20304, Baltimore, Maryland 21284. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on Apri13, 1980 in Panama City, Republic of Panama. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff and Defendant are a Selective Reservist in the U.S. Navy. 7. Plaintiff avers that there are no minor children of this marriage under the age of eighteen years. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. 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. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant maybe unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Date: '~ ~- ~ 2 ~ ~ Respectfully submitted, JOANNE HARRISON CLOUGH, PC Joanne ~afrison Clough, Attorney ID No.: 36461 24 N. 32"d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Jane Tant, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: t OG 7 Jane t ~ ~ ~~ ~ (~ W ~ 9., ,~ ~ Q O d ~~ ti l 0 4 C ? na C;=? S~ ~..._ C.4~'~ ~~1 - ~V W ~ w {,' ~ ? tT ~ °~' ~;~ . ... ~ L ~-~ a ~-~ ~n '~ ti~ e +^~ n . ~;~ ~ ~ f ,~.. ~ ~ .'y 6?-~i~a MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 10th day of December, 2007, by and between Jane C. Tant, (hereinafter "WIFE") and John B. Tant, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on April 10, 1980 in Panama City, Republic of Panama; and were separated on or about July 13, 2007; and WHEREAS, the parties have two children of this marriage Jesse D. Tant born on November 22, 1983 and Joseph A.. Tant, born on February 10, 1986, both now adults; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente liter and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill, Pennsylvania and HUSBAND is represented by David F. Tamanini, Esquire of Harrisburg, Pennsylvania. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each 1 r acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 07-4142 on July 13, 2007. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. HUSBAND agrees to execute an Affidavit of Service acknowledging that he was served with a true and correct copy of the Divorce Complaint on or about July 21, 2007. HUSBAND shall sign said Affidavit of Acceptance of Service prior to or at the time of execution of this Agreement. WIFE's counsel shall prepare and file the Praecipe to Transmit Record and other documents to seek entry of the final Divorce Decree. This Agreement shall remain 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 and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution' or "execution date' of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, 2 r including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widowers rights, family exemption, 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 Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement.. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or 3 employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 708 Montebello Circle, Chesapeake, Virginia, 23322. The parties further acknowledge that said property is currently leased to tenants and is not a primary residence of the parties and has been used by the parties as a rental property and any income and expenses associated with said real property have been listed by the parties as rental property income and expenses for federal, state and local income tax purposes. In consideration of the other property transfers set forth in this Agreement, WIFE agrees to transfer any and all interest she has in said real property whatsoever to HUSBAND, and HUSBAND agrees to be solely responsible for any and all expenses associated with said real property including but not limited to all mortgage, lien, utility, maintenance, taxes or other expenses whatsoever associated with said real estate. The parties further agree that WIFE shall execute a deed transferring her interest in said property to HUSBAND contemporaneously with or after the date of execution of this Agreement, but said deed shall be held in escrow and not filed of record until the time of HUSBAND's refinancing settlement. The parties further agree that HUSBAND shall be solely responsible for refinancing the debt on the residence in to his sole name and removing WIFE as an obligor thereon within ninety (90) days from the date of execution of this Agreement. HUSBAND shall also be solely liable for and indemnify and hold WIFE harmless on any tax liabilities, tax consequences or other expenses or liabilities of any kind associated with the sale of said property including but not limited to any capital gains tax, recapture of depreciation or other taxes. HUSBAND shall claim all rental income, expenses and depreciation in his 2007 Federal, state and local income taxes. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. A. HUSBAND agrees to be solely responsible for and indemnify and hold WIFE harmless on the following debt obligations: 1. USAA Saving Bank credit card acct. no. 5491xxxx; 2. Navy Federal Credit Union acct. no. 430006xxxxxxx 3. HSBC/Best Buy acct. no. 27xxxx 4 r 4. HSC/CompUSA acct. no.llxxxx 5. Chase/Circuit City acct no. 4104xxxxxxx 6. ABNB FCU auto loan 3630xxxx B. WIFE agrees to be solely responsible for and indemnify and hold HUSBAND harmless on the following debt obligations: 1. Loan on Northwestern Mutual Life Incur. Policy 7048xxx 2. USAA Savings Bank credit card 5458xxxxxxxxxxxxxxxxx 3. Sunoco 50110255804 4. Citgo/Citibank 6349xxxxx 5. DSNB/Macys 6. Sears/CBSD 7. Exxon/ Mobil 8. Home Depot/Citibank 9. POD Storage fees for one year post execution of Agreement HUSBAND represents and warrants to WIFE that prior to, or since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said sepazation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that prior to, or since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties agree to terminate all joint credit accounts, including but not limited to, the below listed accounts within sixty (60) days of the date of execution of this Agreement. C. Accounts to be terminated by HUSBAND as the primary cazd holder: 1. GEMB/JC Penny acct. no.1781xxxxxx 2. Sears/CBSD acct. no. 50499xxxxxxxxxxx 5 D. Accounts to be terminated by WIFE as the primary card holder: 1. GEMB/Cowes acct. no. 7982xxxxxxxxxxxx 2. GEMB/Walmart acct. no. 60322xxxxxxxxxxx 9. RETIREMENT BENEFITS. In consideration of the other property transfers set forth in this Agreement, HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/ or retirement and any and all other retirement benefits of any kind including but not limited to her Navy Reserve retirement entitlements, her Thrift Savings Plan, her Virginia teacher's retirement and her Individual Retirement Accounts and . WIFE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, of any kind including but not limited to his Navy Reserve retirement entitlements, his Thrift Savings Plan, and his Individual Retirement Accounts. The parties specifically waive any and all other retirement benefits obtained by the other party pre-marriage, during marriage, and post separation and agree that the individual who holds said benefits shall own the property solely and individually, and the other party waives his or her right or interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that all funds held solely in individual names in any bank or financial institution shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. The parties specifically acknowledge that WIFE is retaining the following individual accounts as her sole and separate property and HUSBAND is waiving any and all right, title, claim or interest he may have in said accounts: a. Citizens Bank Money Market acct. no. 6215xxxxxxxx, approx. balance $18,674.88 b. Citizens Bank checking acct. no. 6215xxxxxxxxxx c. M&T Bank Classic checking acct. no. 984xxxxxxx approx. balance $ 9,723.00 6 d. Thrift Savings Plan acct. approx. balance $ 9,789.00 e. Morgan Stanley IRA acct. approx. balance $ 63,341.34 The parties further agree that in consideration of HUSBAND waiving any claim or interest in any of WIFE's retirement assets as set forth in paragraph 9 above, HUSBAND shall receive the following bank and financial account assets as his sole and separate property and WIFE waivers any right, title, claim or interest she has in said accounts: a. Wachovia Crown Classic Checking acct. no.1009xxxxxxxx b. Wachovia Personal Savings acct. no. 3070xxxxxxxxx c. USAA Checking acct. no. 237-xxxxxx d. USAA Savings acct. no. 237-Oxxxxx e. American Funds joint acct. no. 75xxxxxx with Morgan Stanley Witter,Reynolds with a balance of approx. $ 8,655.94 in 8/2007. f. All Gabelli funds jointly held by the parties, acct. nos. 1-19xxx, 1-2xxx (2 funds), and Gabelli Funds Equity Trust acct. no. COOOxxxxxxx and Global Multimedia Trust acct. no. COOOxxxxxxxx, Health& Wellness Trust Acct. no. COOxxxxxxx and Utility Trust acct. no. COOOxxxxxxx. g. All Zweig funds acct. no. 409xxx jointly held by the parties. h. Morgan Stanley IRA acct. with a 9/2007 balance of $ 54,756.02 i. NFCU Checking and savings accounts j. Thrift Savings Plan approx. balance of $13,808.57 WIFE agrees to sign any documents necessary to effect the transfer of the above listed a through g accounts to HUSBAND'S name as soon as possible after the execution of this Agreement. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. 7 Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both pazties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. HUSBAND and WIFE further agree that the joint ownership of the safe deposit box at Sovereign Bank will be terminated and the contents of said safe deposit box shall become the sole property of WIFE and HUSBAND waives any claim thereto. 13. VEHICLES. The parties agree that the 2000 Toyota Corolla, VIN number 2T1BR12E5YC340002 shall be the sole and sepazate property of WIFE, and HUSBAND waives any claim thereto. The parties further agree that the 2000 Ford F150, VIN number 1FTZF1723YNB38293 and the 2005 Hyundai Elantra VIN number KNIHDN46D95U960742 shall be the sole and sepazate property of HUSBAND and WIFE waives any claim thereto. 14. 2007 INCOME TAX FILINGS. The parties plan to finalize this divorce and obtain a Final Divorce Decree before December 31, 2007. The pazties will each then file his or her federal, state and local income taxes individually. In the event the final decree in divorce is not issued on or before December 31, 2007, then the pazties agree to cooperate with each other to file their respective federal, state and local income taxes in such a manner as to minimize any tax liabilities. In the event the parties are not divorced by 12-31-2007, or in the event the parties are audited by any taxing authority for any joint tax return filed, and the parties are not able to resolve said tax issues, then the parties agree to return to the collaborative law process to resolve said tax issues. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred 8 r in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente life, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. RETURN TO COLLABORATIVE PROCESS FOR FUTURE DISPUTES/ENFORCEMENT. In the event that either party has concerns regarding compliance or enforcement of any terms of this Agreement, HUSBAND and WIFE agree to first return to the collaborative law process to try to resolve any such issues. If any disagreement cannot be resolved, and court intervention becomes necessary, and one party breaches any provision of this Agreement and the other party needs to retain counsel to assist in enforcing the terms of this Agreement thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved 9 by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. 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. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. 10 P 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. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Jan . Tant (WIFE) Jo . Tant AND) 11 COMMONWEALTH OF PENNSYLVAIINIA ~~ per-- : SS. COUNTY OF On the ~ ~ day of ; ~ Jl~- Cl-~l~ri- ~/~ , 2007, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Jane C. Tant, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Pub My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHABBY D. SEMANB, Notary Public Ci of Harrisburg, Dauphin County COMMONWEALTH OF PENNSYLVANIA /'~, ~ ~ ~ ~ . SS. COUNTY OF lam`' //\\~ On the ~ V day of /~ ,~ ~-- , 2007, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared John B. Tant, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Pub c My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARRY D. SEMANS, Notary Public Ci of Har-isbu~g, Dauphin County fission Expires July 25, 2010 (~ r,, ~ -,-,, r .-; " T - { . ~; r- h,J `'-~ ~_ ~. ~~€'t: •~ ~ ,~~ ..~. ,~-~ v y '- ~ JANE C. TANT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4142 JOHN B. TANT, CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accepted service of the Divorce Complaint on or about July 21, 2007. j E? ~_ 0`2~°~ Date ~, Joh . Tant ~~ ~~ / ~ i_ C~ ~.. .<7~7 -., Cr.. r ~ , ., , ~ _ tW_ ~ ~~, ^ t'~-~, -,,.`l ~~ ,„ :w ---., -~ "'` r,w' JANE C. TANT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 07-4142 JOHN B. TANT, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 13, 2007. 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: / U p b e r ;2007 e ~evr, J C. Tant e~ ~, ~._ ~: _ =r ; -~-~ -~, r-,., -~--~ r-:= r~~r~., t1„ ' ~ : ~? ::~ p y:' ~ :~i tti„ -.; JANE C. TANT, Plaintiff v. JOHN B. TANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4142 CIVIL ACTION -LAW IN DIVORCE 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: f0 D e c ea., ~O ~ r 2 D o 7 Jan . Tant C ~ C~ C ~ '~7 -- ... ~- j i_ 7' } is{~i e i~~ ~ __.. i ~.J l ___ ..}. w~ca~ , 4 i ~ ~' r ~ R._ ,r~yr~ ~y-~ , •~ ~~ JANE C. TANT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 07-4142 JOHN B. TANT, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT fJ ,~ ~_ ~ r '-- , 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 13, 2007. 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: / o ~ ~D~- Jo B. Tant -_,. ~ / r~~ Y ~~~ ~~~ A ` (~ ~ 4 ~ ~f 1? n ~ • _..~ ' ~ ` ~ i a.,~ .r~ ~1 r~ ? (; ~ r ~`'1 JANE C. TANT, Plaintiff v. JOHN B. TANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4142 CML ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c1 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: Jb ~ ~~- Jo B. Tant ;-~ ~.., 4 x ' _ ''yy d w . „ 1 v 5,.... t] i;' 1 *` ~ ~ . JANE G TANT, Plaintiff v. JOHN B. TANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4142 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE 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 § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: July 21, 2007 (b) Manner of service: United States Mail. Affidavit of Service filed: Simultaneously with this document 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: December 10, 2007 and filed Simultaneously with this document (b) By the Defendant: December 10, 2007 filed Simultaneously with this document 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: December 10, 2007 and filed Simultaneously with this document (b) By the Defendant: December 10, 2007 and filed Simultaneously with this document 5. Related claims pending: NONE C' DATED: Joann arrison Clo ,Esquire Attorney ID No. 364 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for r..~ t_~. ~' ~ ~ _ -.-. ~ , , ~ ~ ;'\ `_ ' -;e , `~ _ ~~, ; ~= ~ ;.~ ~. `a .. °-n : a t,:.~ --~ '~ 1 N THE COURT OF COM MOI\I PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ;~ ~.Y :;~ JANE C. TANT Plaintiff VERSUS JOHN B. TANT Defendant NO. 0?-4142 DECREE I1`~I DIVORCE ~- r•s-o~r,,~' , / 2007 AND NOW, 1~~k~. + ~ , IT IS ORDERED AND DECREED THAT JOHN B. TANT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the attached Marital Settlement Agreement executed by the parties on December 10, 2007, are incorporated but not merged with this Decree ATTEST: J . PROTHONOTARY JANE C. TANT ~ ~. ~ ~~ ~: ..