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HomeMy WebLinkAbout01-6280Andrew C. sheely, Esquire 12~ S. Market Street P.O. BOX 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01 -f~ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIOHTS 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 against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for 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 with your children. When the grounds 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 ~dfew C. Sheely, ~s~ire PA. I.D. No. 6246g---" 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 12~ S. Ma:ket street P.O. Box 95 Mechanicsburg, PA 17055 Pa ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is SHARON K. PELLMAN, an adult individual who currently resides at 46 Mayberry Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is SCOTT C. PELLMAN, an adult individual who resides at 46 Mayberry Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 11, 1983 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. This action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. Date: November / , 2001 Attorney for PlaintiffJ PA ID No. 62469 ~ P.O. Box 95 ~ 127 S. Market Street Mechanicsburg, PA 17055 697-7050 2 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: November / , 2001 S~ARON K. PELLMAN Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT Sharon K. Pellon, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed do~ ~ the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~~ S~ron K. Pell~  ' ~TAI~AL SEAL I w. ! Andrew C. sheely, Esquire 127 S. Market Street P.O. BOX 95 Meohanicmburg, PA 17055 PA ID NO. 62~69 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS, SCOTT C. PELLMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 01-6280 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF pENNSYLVANIA : : SS COUNTY OF CUMBERLAND : ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon SCOTT C. PEIJ.MAN, by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards, on November 6, 2001. ANDREW C. SHEELY SWORN to and subscribed before me t~~~er, 2001. Notary Public My Commission Expires~~Z2DD3 i Mechantcsburg Main Poet Office MECHAN[CSBORG, Pennsylvania 170553459 [1/05/2001 (717)697-4641 10:36:18 AM Sales Receipt Product Sale Unit Final Description Sty Price Price MECHANICSBURG PA 17050 $0.57 First-Claes Restricted Delivery $3.20 Return Receipt $1.50 Certified $2,10 Label Serial #: 700H940000425998467 Issue PV[: $7.37 Total: Paid by: Chsck $7.37 $7.37 Bill#: t000500442~53 Clerk: 04 Thank you for your business r.-c3 c~ _-3. Sent To .~..r~ L ?1 · Complete items 1, 2. and 3. Aisc complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front ~f space permits. 1. Attich~ Addressed to: A. Received by (Please Print Cleariy) r-I Agent s daliveq flora item 17 [] Yes If YES, enter delivery address below: [] No 3. O*rvl¢~ T~, ~'Ce~ified Mall [] Exlxess Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 2. ~ticle Number (Copy from service label) 7,00/ /q 'O O,.59? PS Forr~ 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 Christina Ann Jones, Plaintiff V. Torrey Kevin Jones, Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 01-6347 Civil Action Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: Torrey Kevin Jones Defendant's Date of Birth is: December 24, 1968 Name(s) of All protected persons, including Plaintiff and m/nor children: 1. Christina Ann Jones AND NOW, this 9th Day of November, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Custody of the following m/nor children: 1. SamanthaLee Jones 2. HaLley Catherine Jones 3. Donovan Charles Jones shall be as follows: · Primary physical custody of the minor child/ren is awarded to the Plaintiff. · See attached Custody Order. 3. A certified copy of this Order shall be provided to the police deparUnent where Plaintiffresides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE 4. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 5. All provisions of this order shall expire on: May 9, 2003 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF LIP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS ' The police who have jurisdiction over the plaintiffs residenc~ OR afiy location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further order of this Court. When the defendan~ is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to he arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Date If entered pursuant to the consent of plaintiff and defendant: Christina Jones, ~61flintiff (~an Carey, Attorney for aintiff ~., orney for~!~ xvtmrenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Torrey K. Jones, Dj~l~ndant Distribution to: MidPenn Legal Services _-~ / - 1,.~ ~ (~ Torrey Jones, Pro Se Defendant, 123 Partridge Circle, Carlisle, PA 1701 Faxed & MaiIedto' psP 3D Christina Jones, Torrey Kevin Jones, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF .. : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 2001-6347 CIVIL TERM : : PROTECTION FROM ABUSE AND : CUSTODY CUSTODY ORDER AND NOW, this day of November, 2001, the following Order is entered by consent of the parties with regard to custody of the parties' children, Samantha Lee Jones, DOB 4/14/93, Halley Catherine Jones, DOB 3/25/99, and Donovan Charles Jones, DOB 9/22/2000. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial custody of the children on alternating weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m., and one day per week at a day and time to be agreed upon by the parties. 4. The mother and father shall share the following holidays: New Years, Easter, Memorial Day, July 4th, and Labor Day, Thanksgiving Day and Christmas Day at times to be mutually agreed upon by the parties. 5. The mother and father shall have the right to one uninterrupted week of vacation upon reasonable notice to the other parent and upon giving the other parent the address and phone number ~vhere they can be reached. 5. The mother and father, by mutual agreement, may vary from this schedule at any time, but this Order extends beyond the Protection From Abuse Order and remains in effect until further Order of Court. 6. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 7. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, Edgar B. Bayley, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Christina Jones, Pi~i~'t~f ~/J/oan Carey, Attorney for P~tiff MidPenn Legal Services ~ 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Torrey K.~J~ones, De~ndant 11/13/01 TUE 09:25 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 TX/RXNO INCOMPLETE TX/RI TRANSACTION OK ERROR *************************** *** ~ULTI TN REPORT 2864 0119p2490779 0319p2405331 04]92438026 PSP CP LS OFFICE OF ~ PROII-IONOTARY CUb~ERLAND Cl~0brrY COURTHCCISE ~ CCX3RTHO~E SQUARE ~RLISLE, PA. 17013-3387 (717) 240-6195 P/~((717) 240-6573 V I...A T E L E C O P I ~ ~ TO: PA STATE POLICE FAX#: 717-249-0779 FRfI~: CURTIS R. LONG RE: PFA ORD,:RS ~SsAGE: [13. OF PItt,S (IN2LUI)ING (Il/ES Sl-li&-r) Andrew C. Sheely, Esquire 127 S. Market Street P.O. BOX 95 Meohaniosburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KIMBERLY M. HOFFMAN, Plaintiff vs. RONALD K. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-6280 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon RONALD K. HOFFMAN, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt cards, on November 16, 2001. ANDREW C. SHEELY SWORN to and subscribed before me thi~~001. Notary Public My Commission Expires:~2~09 nj Hem Mechanicsburg Main Post Office MECHANICSBUR8, Pennsylvania 170553459 11/08/2001 (717)697-4641 05:20:35 PM Sales Receipt Product Sale Unit Ftnsl Description Oty Prics Prics DILLSBURG PA 17019 $0.57 First-Class Rsstrictsd Delivery $3.20 Return Recelpt $1.50 Certified $2.10 Label Serial #: 700[1940000425998474 Issue PVI: $7.37 Total: $7.37 Paid by: Check $7.37 Bt11#: 1000500446769 Clerk: 04 -- Thank you for your business · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Dellve~ is desired. · Pflm your nm~e and add. aa on the reverse so that we can r~um the card to you. · Attach thi~ ~a~ to the back of the mallplece, or on the front R spac~ pernuts. RONALD K. HOFFMAN 247 EAST RIDGE ROAD DILLSBURG,*PA 17019 0 Agent ff YES, e~ter de~lve~/~dm~ ~ow: r-I No 3. Se~lce T,~e r-I Ex~e~ M~I [] C.O.D. IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH ROBERT L. O'BRIEN, DAVID A. BARIC : and MICHAEL A. SCHERER t/d/b/a : O'BRIEN, BARIC & SCHERER, : Plaintiffs VS. RANDALL L. VALK, Defendant CIVIL ACTION - EQUITY NO. 2000 - 6280 ORDER OF COURT April 1, 2002, upon consideration of the motion for sanctions pursuant to Pa.R.C.P. 4019, and in addition, the court will hear any objections; A hearing is set for Thursday, May 23, 2002, at 1:30 p.m. in Courtroom No. 1 of the Franklin County Courthouse, Chambersburg, Pennsylvania. c: Gregory B. Abeln, Esquire Randall L. Valk, Defendant Bridget E. Montgomery, Esquire By the Court, Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on NOVEMBER 2, 2001. I acknowledge that I received a copy of the divorce complaint on NOVEMBER 6, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (C) OF THE DIVORCE CODF, 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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. S~ron K. Pellman Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 01-6280 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree 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.A. Section 4904 relating to unsworn falsification to the authorities. SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant TO THE PROTHONOTARy: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 01-6280 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Kindly 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) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Certified mail, restricted delivery, on NOVEMBER 6, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on September 18, 2002 and by Defendant on September 18, 2002. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of .the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not applicable. 4. Related claims pending: The Separation and Property Settlement Agreement dated September 18, 2002 and Order of Court awarding Alimony are incorporated but not merged in the Decree in Divorce. 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: Not applicable (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the Prothonotary. September 19, 2002 Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the Prothonotary. September 19, 2002. ~ndrew C-.-%heely,-Esquir Attorney for Plaintiff SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this/~~ day of September, 2002, by and between SCOTT C. PELLMAN, hereinafter referred to as "HUSBAND", and SHARON K. PELLMAN, party of the second part, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 11, 1983, in Mechanicsburg, Pennsylvania, and having separated on or about November 1, 2001; and WHEREAS, there are two minor children to this marriage, namely Jenna R. Pellman (11/21/85) and Tyler W. Pellman (04/21/88); and WHEREAS, certain differences have arisen by and between HUSBAND and WIFE as a result of which they are currently separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as amended , 23 P.S. 3101 et seq., and being fully aware of their right to consult with or having consulted with their respective legal counsel or advisors and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Husband and Wife acknowledge that Andrew C. Sheely,,Esquire, is counsel for Wife and that Husband is represented by R. Mark Thomas, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5. MARITAL AND NON-MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following: (A) Jointly owned Real Estate located at 46 Mayberry Lane, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania, with an estimated value of $229,000.00; and (B) Husband's Mechanicsburg Borough Police Pension with a current estimated monthly benefit of $1,700.00 as evidenced by a valuation as of January 1, 2001; and (C) 1981 DeLorean with an estimated value of $13,000.00; and (D) 1994 Ford Aerostar titled in Wife's name with an estimated value of 4,000.00; and (E) 1998 Grand Am titled jointly with an estimated value of $9,000.00; and (F) Miscellaneous Bank Accounts not exceeding $5,000.00; and (G) Miscellaneous personal property, including furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, coins and cash. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, any and all retirement assets, and other items of marital property. However, the parties agree that they will not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY Husband and Wife hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and Wife agree that they 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. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate 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. 7. REAL ESTATE 46 Mayberry Lane, Mechanicsburg,Pennsylvania (i) Transfer Husband agrees to transfer by deed, any and all legal or equitable right, title and interest in and to the parcel of jointly-owned real estate with improvements thereon situate at 46 Mayberry Lane, Mechanicsburg, Pennsylvania, (Deed Book 192, Page 543) to Wife, and to sign all documents necessary to effect said transfer of any equitable or legal interest in such property to Wife on or before the signing of this Agreement. Further, upon execution of this Agreement, Husband waives any and all interest in the marital real estate located at 46 Mayberry Lane, Mechanicsburg, Pennsylvania. Wife shall hold Husband harmless from any current mortgage or other lien encumbering the title to the property. (ii) Capital Gains TaB Husband and Wife further agree that Wife shall assume any and all liability for any capital gains taxes which may be assessed hereafter as the result of a sale of 46 Mayberry Lane, Mechanicsburg, Pennsylvania, by qualifying for an exemption or by paying any taxes due, if applicable. 8. HUSBAND'S POLICE PENSION Wife hereby agrees to waive her right to make a claim upon the Husband for any marital or non-marital interest in said plan through the his employment with the Borough of Mechanicsburg. Wife agrees to sign any and all documents within thirty (30) days after the execution of this Agreement so as to waive interest in the police pension and other retirement benefits, if necessary or as required by the Plan Administrator. Husband and Wife hereby acknowledge that Husband may remove Wife as beneficiary under any plan. 9. DEBTS OF HUSBAND AND WIFE Husband and Wife acknowledge that they have incurred various marital,(joint and separate) debts prior to separation. Husband and Wife agree that Husband shall assume full liability and hold Wife harmless from any liability for any and all consumer or other debt in Husband's name. Husband and Wife agree that Wife shall assume full liability and hold Husband harmless from any liability for any and all consumer or other debt in Wife's name. 10. MOTOR VEH CLES a. Possessio~n Husband and Wife agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 1994 Ford Aerostar or the proceeds thereof. Husband and Wife agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 1981 DeLorean and the 1998 Pontiac Grand Am or the proceeds thereof, and that he shall hold Wife harmless from any liability associated with such motor vehicles. Titles to the motor vehicles shall be transferred within thirty (30) days from the date of this Agreement to the party receiving title in accordance with this Agreement, if necessary. 11. MISCELLANEOUS (A) Checking/Savings Accounts. The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (B) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Specifically, Husband and Wife agree that Husband shall maintain Wife as the beneficiary of his current life insurance policy through the Mechanicsburg Police Department through December 31, 2007, or until Husband retires, whichever shall occur first. In the event of Husband's retirement prior to December 31, 2007, Husband shall obtain another life insurance policy with at least the same amount of benefits which are offered through the Borough of Mechanicsburg, and continue to name Wife as beneficiary of such policy. Husband shall provide evidence of the existence of such beneficiary status to Wife at Wife's reasonable request. (C) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (D) Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (E) Each party represents and warrants to the other that they shall file separate income tax returns for tax year 2002 and thereafter. Information maintained by one party which is necessary to complete any income tax return shall not be unreasonably withheld upon the request of either party. Any and all tax refunds payable to Husband and Wife shall be equally distributed to Husband and Wife as part of the equitable distribution of marital assets. 12. ALIMONY, SUPPORT AND MAINTENANCE Husband agrees to and shall pay Wife, as alimony, the sum of one hundred dollars ($100.00) per month, beginning on October 1, 2002, and payable on the first day of each month thereafter. The alimony amount of $100.00 per month shall be non- modifiable through October 1, 2008. Thereafter, Husband may petition for a decrease in the amount of alimony for any reason. Further, Wife shall not seek nor be entitled to an increase in the payment of alimony for any reason. In the event Husband unreasonably fails to make an alimony payment on or before the fifteenth (15th) day of each month, Wife may file an action in the Court of Common Pleas of Cumberland County seeking to enforce the provisions of this Agreement or file an action for contempt of court, whichever option wife shall agree to pursue. In such event, Husband agrees to pay for any and all reasonable attorney fees incurred by Wife in seeking to enforce the terms of this paragraph. Wife shall deposit all checks paid by Husband as Alimony within seven (7) days from receipt of such amount. Alimony awarded pursuant to this paragraph shall cease upon either Husband or Wife's death, Wife's remarriage or Wife's cohabitation. The alimony payments awarded pursuant to this paragraph are intended to be and shall be taxable to Wife's income at the amount of $100.00 per month commencing as of October 1, 2002, and deducted from Husband's income at the amount of $100.00 per month commencing as of February 1, 2002, in accordance with all tax laws and applicable sections of the Internal Revenue Service Rules and Regulations. The parties agree to reduce this Agreement to an Order of Court simultaneously upon execution of this Agreement and file such with the Court of Common Pleas along with the documents necessary to conclude the divorce. 14. SUPPORT FOR CHILD The parties hereto acknowledge that Wife's current net monthly income is approximately $1,200.00 per month (excluding the payment of alimony) and that Husband's current monthly income as a Sergeant in the Mechanicsburg Police Department is approximately $3,600.00 per month (excluding the payment of alimony and child support). The parties combined net monthly incomes total 10 approximately $4,800.00. Based upon a combined monthly income of $4,800.00, support obligation of both parties equals approximately $1,295.00 per month. Husband's percentage of the combined monthly income equals approximately seventy-five percent (75%) and Wife's per- centage of the combined monthly income equals approximately twenty-five percent (25%). Husband's basic child support obligation, based upon the parties current incomes and number of children, equals approximately $972.00 per month. However, Husband and Wife acknowledge that Wife will forego the additional support at this time and that Husband will pay an amount of $800.00 per month for support of the two children at the present time. In the event Husband unreasonably fails to make a child support payment in accordance with this Agreement on or before the fifteenth (15th) day of each month, this Agreement shall be submitted to the Domestic Relations Office of Cumberland County or any other county with appropriate jurisdiction for enforcement purposes. In such event, each party agrees to execute any documents as are required by the Domestic Relations Office to effectuate the terms of this Agreement. Wife shall deposit all checks paid by Husband as child support within seven (7) days from receipt of such amount. The parties hereto acknowledge that all issues concerning the support of the minor child are presently resolved without the necessity of attending a formal child support conference. Notwithstanding the present circumstances, Husband and Wife understand and acknowledge that circumstances may necessitate an adjustment in the amount of support either upwards or downwards, depending upon the child's circumstances and the respective incomes or earning capacities of the parties hereto in accordance with general support standards. In the event Husband 11 and Wife cannot agree upon the amount of child support at any time hereafter, Husband and Wife agree that nothing set forth in this paragraph or this Marital Property and Settlement Agreement shall prejudice the right of either party to file a petition for modification or entry of an amount of child support, at any time, in any Court of appropriate jurisdiction. It is the specific intent of the parties that this Agreement is designed to avoid the present filing of formal child support proceedings only, and any future award of child support will be governed by the applicable support guidelines and case law. 15. CUSTODY Husband and Wife agree and acknowledge as follows: (A) Mother and Father shall have shared legal custody of the children, meaning that both parents shall make joint decisions concerning the childrens' education, serious medical decisions affecting the child and religious instruction; and (B) Mother shall have primary physical custody of the children; and (C) Mother and Father agree that Father shall have periods of partial physical as the parties may agree. (D) Father/Husband acknowledges that he carries a firearm as a result of his current employment with the Mechanicsburg Police Department, and Father/Husband further agrees to maintain such firearm either in a secured position on his person or in an appropriately secured safe or case during any period of physical custody with the minor children. 16. SUBSEQUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if 12 requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be and is/are not contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended, to terminate their marriage by mutual consent without counselling. 17. 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 Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court 13 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. 18. VOLUNTARY EXECUTION The provisions of this Agreement and 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 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 them or by their respective counsel. 19. ADDITIONAL INSTRUMENTS Husband and Wife 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 conditions of this Agreement. 20. MODIFICATION AND WAIVER Any 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. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 14 21. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. §3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise 15 of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 22. ATTORNEY FEES AND COSTS Husband and Wife shall each assume their respective counsel fees as part of the divorce action commenced in the case. 23. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. ~-PPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For contract interpretation parties, this Agreement was prepared jointly by both parties. 26. VOID CLAUSES If any term, conditions, 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. 16 27. BINDING AGREEMENT This Agreement shall be binding and shall extend to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: 17 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. On this, the /~- day o~ , 2002, before me, the undersigned officer, personally appeared Scott C. Pellman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. seal. Note. rial Seal Anne Carmody, Notary Public Mechani~sburg Boro, Cumberland County Comm ss on Exp res Exp res Mar. 11, 2006 IN WITNESS WHEREOF, I hereunto set my hand and official My commission Expires / COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND : On this, the /~h day of ~¢p~¢~-'- , 2002, before me, the undersigned officer, personally appeared Sharon K. Pellman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary Public ~ My Commission Expires: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHARON K. PELLMAN, Plaintiff VS. SCOTT C. PELLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE ORDER OF COURT IN RE: ALIMONY AND NOW, this ~q~& day of ~ , 2002, is hereby Ordered and Decreed that Defendant, Scott C. Pellman, shall pay Plaintiff, Sharon K. Pellman, alimony in the amount of $100.00 per month in accordance with paragraph 12 of the attached Separation and Property Settlement Agreement which shall be incorporated but not merged in the Divorce Decree. By the Court, Andrew C. Sheely, Esquire Attorney for Sharon K. Pellman, P~intiff Je R. Mark Thomas, Esquire Attorney for Scott C. Pell~n, b~endant SHARON K. PELLMAN, PLAINTIFF VERSUS SCOTT C. PELLMAN, DEFENDANT INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. ol - 6280 CIVIL ACTION - LAW IN DIVORCE DECREE IN DIVORCE AND NOW, DECREED THAT SHARON K. PELLMAN , PLAINTIFF, AND SCOTT C. PELLMAN ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURiSDICT)ON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; THE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT DATED SEPTEMBER 2002 AND ORDER OF COURT AWARDING ALIMONY SIGNED HEREWITH SHALL BE INCORPORATED BUT NOT MERGED IN THIS DECREE IN DIVORCE. BYTH~/~OURT: / ONOTARY C:- 9c°-p