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HomeMy WebLinkAbout08-1431CHERYL ANN NOONAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. No. 2008- 1L(31 KEVIN THOMAS NOONAN, Defendant 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 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, One Courthouse 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Lawyer Referral Service: (717) 249-3166 CHERYL ANN NOONAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : No. 2008- KEVIN THOMAS NOONAN, Defendant Divorce AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por cualquier otra queja o compensaci6n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Lawyer Referral Service: (717) 249-3166 CHERYL ANN NOONAN, Plaintiff, VS. KEVIN THOMAS NOONAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 2008 ?' 3 C- Tim Divorce COMPLAINT FOR DIVORCE 1. Plaintiff is Cheryl Ann Noonan, who mailing address is 3808 Pamay Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Kevin Thomas Noonan, who currently resides at 3808 Pamay Drive, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 27, 1990, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. COUNTI No-Fault - Section 3301(c) 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he/she may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests your Honorable Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. COUNT II No-Fault - Section 3301(d) 9. All preceding and succeeding paragraphs are incorporated by reference. 10. The parties have been living separate and apart, and at the appropriate time, Plaintiff shall file an affidavit with the court indicating that the parties have been separated for a period in excess of two (2) years, and shall request the entry of the divorce decree upon such basis. WHEREFORE, Plaintiff_prays this Honorable Court to grant the relief requested. COUNT III Equitable Distribution 11. All preceding and succeeding paragraphs are incorporated by reference. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. 14. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. COUNT IV Attorney's Fees and Expenses 15. All preceding and succeeding paragraphs are incorporated by reference. 16. Plaintiff has employed Michelle Pokrifka, Esquire as counsel, but is unable to pay all of the necessary and reasonable attorney's fees for said counsel. IT Plaintiff has entered into a fee agreement with said attorney. 18. Plaintiff may be in need of hiring an accountant, a business appraiser, a real estate appraiser and other experts, and does not have the funds necessary to pay the necessary and reasonable fees. 19. Plaintiff requests this Honorable Court to enter an award of temporary counsel fees, costs and expenses and to order such additional sums thereafter as may be deemed necessary and appropriate, and a final hearing, to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. CGA LAW FIRM Supreme Court No. 66654 135 North George Street York, PA 17401 Tel: (717) 848-4900 VERIFICATION I, the undersigned, Cheryl Noonan, hereby affmn that the facts contained in the foregoing Divorce and Complaint for Custody are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: 2008 41 Cheryl oonan `\1 ?r7 'Zry CHERYL ANN NOONAN, Plaintiff, VS. KEVIN THOMAS NOONAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 2008-1431 Civil Divorce ACCEPTANCE OF SERVICE I accept service of the Complaint for Divorce filed on March 4, 2008 in the above-captioned case and I certify that I am authorized to accept service on behalf of the Defendant, Kevin Thomas Noonan. Date: ,/ "?'k /1 '2008 Wix, Wenger, Weidener By: David R. Getz, Esquire Supreme Court No.: B38 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 Tel: (717) 234-4182 ? i 5 ?? - 16 CHERYL ANN NOONAN, Plaintiff V. KEVIN THOMAS NOONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1431 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter our appearance in this case as counsel for Defendant, Kevin Thomas Noonan. Papers may be served at the address set forth below. Date: ?3u-e aq-qj cp'eoe Respectfully Submitted, WIX, WENGER & WEIDNER ,. By: 9 Ar-? David R. Getz, I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant i'• l CHERYL ANN NOONAN, Plaintiff V. KEVIN THOMAS NOONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1431 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe for Entry of Appearance was sent by first class mail, postage prepaid this day to the following: Michelle Pokrifka, Esquire CGA Law Firm 135 North George Street York, PA 17401 WIX, NGER & WEIDN R A Date: Lp? Z- Im By: c - \?? I A. ribben, Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant CHERYL ANN NOONAN, Plaintiff V. KEVIN THOMAS NOONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1431 CIVIL CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter our appearance in this case as counsel for Defendant, Kevin Thomas Noonan. Papers may be served at the address set forth below. Date: a 6pe"C, Respectfully Submitted, WIX, WENGER & WEIDNER C By: I , 'A' ?Z? David R. Getz, I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant CHERYL ANN NOONAN, Plaintiff v. KEVIN THOMAS NOONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1431 CIVIL CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe for Entry of Appearance was sent by first class mail, postage prepaid this day to the following: Michelle Pokrifka, Esquire CGA Law Firm 135 North George Street York, PA 17401 l? WIX, W?ENGER & WEIDN R rA Date: P5 ila A. ribbe , Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant = 1 L71 : ins : .. MARITAL SETTLEMENT AGREEMENT THIS M ITAk SETTLEMENT AGREEMENT ("Agreement") is made this 0,?, day of ` - , 2008, between Cheryl A. Noonan (hereinafter called "Wife"), of Mechanicsburg, Cumberland County, Pennsylvania, and Kevin T. Noonan (hereinafter called "Husband"), of Mechanicsburg, Cumberland County, Pennsylvania. RECITALS: R-1. The parties hereto are wife and husband, having been married on October 27, 1990 in Mechanicsburg, Pennsylvania. R-2. There are three minor children of the parties, namely Kyle T. Noonan, born February 21, 1996; Conner J. Noonan, born March 17, 1997; and Jack T. Noonan, born December 29, 1999 (the "Children"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before March 4, 2008 (the "Separation Date"), and intend to do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling child support, spousal support, alimony, alimony pendente lite rights, child custody and visitation, including without limitation: (a) The settling of all matters between them relating to the ownership of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband and of Husband by Wife; (c) The settling of all matters between them relating to support, custody and visitation of the Children; and (d) In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: Recitals. The above recitals are incorporated by reference as if set 101h fully herein. 2. Separation. It shall be lawful for Husband and Wife to live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties does hereby warrant and represent to the other that Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, on March 4, 2008 filed to Docket Number 2008- 1431 Civil, on the grounds that the marriage is irretrievably broken. Husband and Wife hereby agree that each of them will sign any and all consents, affidavits, agreements and other documents and take other such actions necessary to finalize said divorce as soon as possible. 4. Legal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by David R. Getz, Esquire and Wix, Wenger & Weidner. Wife has been previously represented by Michelle Pokrifka, Esquire, but is not represented by counsel at this time. Wife has been advised by Husband's counsel that he represents only Husband and that she should obtain separate legal counsel to represent her interests. Wife has either consulted with independent counsel or knowingly and voluntarily chosen not to seek counsel. Wife specifically agrees that her decision not to seek counsel shall not constitute grounds for invalidating this Agreement or any part thereof. Each party acknowledges that she or he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and obligations by counsel, or has waived the right to do so and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. Interference. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 2 6. Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 7. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. 8. Personal Property. (a) Vehicles. (1) Husband is the owner of a 2000 Ford Expedition acquired used in or about 2001 ("Husband's Vehicle"). Wife waives any interest she has in the Husband's Vehicle and Wife further agrees not to request any financial compensation regarding Husband's Vehicle. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Vehicle. (2) Husband and Wife are the owners of a 2004 Ford Explorer acquired new in or about 2004 ("Wife's Vehicle"). Husband will sign over his interest in Wife's Vehicle to Wife when this Agreement is executed. Husband waives any interest he has in the Wife's Vehicle and Husband further agrees not to request any financial compensation regarding Wife's Vehicle. Wife agrees not to hold Husband responsible for any financial debt regarding Wife's Vehicle. (3) Husband is the owner of a 19' Bayliner boat, an Escort boat trailer, a Big Tex trailer, and several 4-wheel recreational vehicles and dirt bikes (collectively, "Husband's Recreational Vehicles"). Wife waives any interest she has in the Husband's Recreational Vehicles and Wife further agrees not to request any financial compensation regarding Husband's Recreational Vehicles. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Recreational Vehicles. (4) The parties agree that from the date of this Agreement forward, they will each insure their respective vehicles at their own expense. 3 (b) Other Personal Property. The parties agree that they have already divided all of their other personal property to their mutual satisfaction. All of the personal property in Wife's possession belongs to Wife. There are items that are intended to belong to Wife that Wife has not yet removed from the Marital Residence. Wife will do so at her earliest opportunity. All of the personal property in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property in Husband's possession. 9. Real Property. (a) Husband and Wife are the owners of real property located at 3808 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 with an assessed value of $441,990.00 (the "Marital Residence"). There is a home equity loan against the Marital Residence (the "Home Equity Loan"). (b) Wife agrees to execute a deed at the time Wife executes this Agreement to transfer her interest in the Marital Residence to Husband. Husband's attorney may record the deed after Husband has executed the deed, the title to Wife's Vehicle, and this Agreement. Wife waives all right, title and interest in and to the Marital Residence and the equity in the Marital Residence and to any increase, interest or income therein. The Home Equity Loan will be satisfied before the deed is recorded. (c) Wife has executed an agreement of sale to purchase real property located at 1201 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 for $233,000.00 ("Wife's New Residence"). Husband agrees that he has no interest in Wife's New Residence and will sign a Spousal Waiver to that effect. The form of the Spousal Waiver is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. 10. Distribution of Other Assets. (a) Retirement Savings. The parties agree that Husband has individual retirement accounts, annuities and/or pension plans in the approximate amount of $80,000.00 ("Husband's Retirement Savings"). Husband shall keep Husband's Retirement Savings. Wife waives any interest in Husband's Retirement Savings or any increase, interest or income therein. The parties agree that Wife has individual retirement accounts, 401(k) Plans, annuities and/or pension plans in the approximate amount of $91,200.00 ("Wife's Retirement Savings"). Wife shall keep Wife's Retirement Savings. Husband waives any interest in Wife's Retirement Savings or any increase, interest or income therein. Husband and Wife shall each name one another or the Children or a trust for the benefit of the Children as beneficiaries of Husband's Retirement Savings and Wife's Retirement Savings, respectively, until all of the Children reach the age of twenty-two (22). 4 (b) Sank Accounts. Husband and Wife will divide their jointly held checking and savings accounts in a manner satisfactory to them. Further, the parties will each open separate bank accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. (c) Investment Accounts. Husband and Wife are the joint owners of investment accounts with an approximate value of $319,000.00 (the "Investment Assets"). A portion of the Investment Assets will be used to pay 2007 federal, state and local income taxes owed by the parties, to pay off the Home Equity Loan, and to pay 2008 county and township real estate taxes on the Marital Residence and Wife's New Residence. Wife shall use a portion of the Investment Assets to purchase Wife's New Residence and to furnish Wife's New Residence. The parties agree to divide evenly any Investment Assets remaining after payment of taxes and the purchase and furnishing of Wife's New Residence. (d) Husband's Business and Partnership Assets. Husband is a 49% owner of a real estate development corporation known as Jamestown Development Company ("Jamestown"). Husband's mother is the owner of the other 51 %. Jamestown owns assets located at 1455 York Road, Monroe Township; 4900 Woodland Avenue, Hampden Township; and 4830 East Trindle Road, Hampden Township, with a value totaling approximately $835,000.00, less liabilities totaling approximately $475,000.00. Husband is also a 20% partner in a family partnership known as Waterford Partnership ("Waterford") with his four sisters with assets totaling approximately $200,000.00, plus a loan owed to it by Jamestown in the approximate amount of $140,000.00. Husband's interests in Jamestown and Waterford are referred to collectively as "Husband's Businesses". The assets in Husband's Businesses were acquired with funds provided by Husband's parents as a gift to Husband and his sisters. Husband has disclosed to Wife the assets and nature of Husband's Businesses. Wife has had an opportunity to independently value the assets in Husband's Businesses. Wife hereby knowingly and voluntarily waives any interest in or increase in value of Husband's Businesses. (e) Wife's Investment Assets. Wife has an investment account in her own name with Vanguard with an approximate value of $20,500.00, the initial funds of which were provided to Wife as a gift ("Wife's Investment Assets"). Husband hereby knowingly and voluntarily waives any interest in or increase in value of Wife's Investment Assets. (f) Life Insurance. Husband and Wife each have life insurance policies, as follows: (1) Husband is the owner of a term insurance policy from Wife's place of employment in the face amount of $200,000.00 on the life of Husband. Wife is the beneficiary. Husband shall name Wife or the Children of g trust for 5 the benefit of the Children as beneficiaries of said insurance policies until all of the Children reach the age of twenty-two (22). Husband and Wife will attempt to keep this policy in force after the divorce is finalized. (2) Wife is the owner of a term insurance policy from Wife's place of employment in the face amount of $250,000.00 on the life of Wife. Husband is the beneficiary. Wife shall name Husband or the Children or a trust for the benefit of the Children as beneficiaries of said insurance policies until all of the Children reach the age of twenty-two (22). (g) After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date. (h) Gifts and Inheritances. Each party expressly waives and relinquishes any right or interest he or she may have in any gifts or inheritances that may be acquired by the other party after the Separation Date. 11. Taxes. Husband and Wife will file joint tax returns for 2007 and separate tax returns for 2008 and future years. Wife shall be entitled to claim the Children as her dependents on all tax returns filed in even numbered years beginning in 2008. Husband shall be entitled to claim the Children as his dependents on all tax returns filed in odd numbered years beginning in 2009. The Parties agree to execute an IRS Form 8332 or a similar form each year to effectuate this intent. Husband and Wife will each pay their own personal (non-real estate) taxes. Husband shall pay all real estate taxes on the Martial Residence beginning with 2008-09 school taxes, and Wife shall pay all real estate taxes on Wife's New Residence beginning with 2008-09 school taxes. 12. Alimony. The parties have disclosed their respective annual incomes to one another. In consideration of the other provisions of this Agreement, Wife agrees to waive spousal support, alimony pendente lite and alimony. Husband agrees to waive spousal support, alimony pendente lite and alimony. 13. Support of the Children. Husband and Wife agree to the following provisions regarding support of the Children: (a) The parties have shared legal and physical custody of the Children. Both parties agree not to seek child support at this time. (b) Expenses. The parties agree to divide the following expenses for the Children equally: school-related expenses; fees relating to sports activities and sports camps; and fees relating to summer camps. 6 (c) Medical insurance for the Children and payment of unreimbursed medical expenses will be provided as set forth in Paragraph 15 hereof. (d) College. The parties agree and understand that it is their intention for the Children to attend college. The parties agree that they will share the cost of the Children's college education equally to include tuition, room, board, books and fees after applying all grants, scholarships and work study programs, and any funds in 529 Plans maintained by Husband' parents for each of the Children. The parties agree to discuss choice of colleges with each of the Children, and to discuss with one another college financial planning and the creation of investment accounts for the purpose of paying a portion of the Children's education. The parties agree to divide the remainder of college expenses equally. 14. Custody of the Children. Husband and Wife have reached agreement concerning the custody the Children, which agreement is set forth in a Child Custody Agreement attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in full. 15. Medical Insurance. (a) Wife shall be responsible for her own medical insurance coverage after the date that the decree in divorce is entered. (b) Wife shall provide medical insurance coverage for Husband from .3 24`ape Wife's present or future employer after the date that the decree in divorce is entered at Wife's sole expense. e (c) Wife shall provide medical insurance coverage for the Children until each child reaches such age or status as to be ineligible for coverage under Wife's medical insurance plan. The parties will share equally any medical expenses for the Children that are not reimbursed and/or otherwise covered by Wife's medical insurance plan, including without limitation doctor's office visits and dental, prescription, and eye care expenses. 16. Liability for Marital Debt. During the course of the marriage, and before the date of this Agreement, Husband and Wife have incurred various debts, bills, and obligations. Husband and Wife agree that, as of the Separation Date, the parties owe jointly owed marital debt of approximately Fifteen Thousand ($15,000.00) Dollars to numerous creditors ("Marital Debt"). The majority of the Marital Debt is secured by the Home Equity Loan. Husband and Wife represent to one another that there are no 7 other outstanding debts, bills or obligations for which the parties are jointly responsible other than the Marital Debt. The Marital Debt shall be paid from the Investment Assets. 17. Wife's Debts. Wife represents and warrants to Husband that she has not since the date of separation and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. Husband's Debts. Husband represents and warrants to Wife that he has not since the date of separation and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 19. Legal Fees. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses. Wife hereby agrees to be responsible for Wife's legal fees, costs and related expenses. 20. Survival Upon Divorce. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but shall not be merged into the final decree in divorce. 21. Mutual Release. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he has, or at any time hereafter, may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagement or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance, or under intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of: (a) Pennsylvania; (b) any State, Commonwealth or territory of the United States; or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or 8 expenses, except as provided herein, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is expressly understood, however, that neither the provision of this release nor the subsequent entry of a divorce decree are intended (i) to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), or (ii) to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior to or subsequent to this Agreement, or (iii) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws. 22. Further Documents. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 23. Entire Agreement. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Invalidity. 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, 9 and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors, and/or assigns. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. WITNESS: WITNESS: WIFE: Chj2LA. Noonan U, F:WrgW 11 - Noonan, Kevin T114863 - Domestic Relations Matters\Documents\Noonan Marital Settlement Agreement 3.25.08 signature version.doc 10 COMMONWEALTH OF PENNSYLVANIA : SS.. COUNTY On this, the day of 2008, before me, a Notary Public, the undersigned officer, personally appeared heryl A. Noonan, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Not Public My Commission Expires: d-op ftdMAln1UtA1-ru nr wru??nu?u.?. SUSAN J. MILLER, Notary Public Camp Hill Saro, Cumberland County MY Commission Expires Sept. 19, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS.: C On this, the day 4na? 2008, before me, a Notary Public, the undersigned officer, personally appeared Kevi T. Noonan, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I hav ereunto set my hand and notarial seal. Notary Public My Commission mission Expires: r (? (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN J. MILLER, Notary Public Camp Hill Boro, Cumberland County My ComnN ' n Expires Sept. l9, 2009 Exhibit "A" SPOUSAL WAIVER The undersigned, Kevin T. Noonan, acknowledges that he is the husband of Cheryl A. Noonan and that he is aware that she will shortly be purchasing a property at 1201 Cross Creek Drive, Mechanicsburg, Pennsylvania, for a total purchase price of approximately $233,000.00. He is also aware that she will be using the funds he and she previously divided from the equitable distribution of their marital assets to fund all or part of the purchase price. Being so aware, he waives, releases, and relinquishes any right to or claim against the property at 1201 Cross Creek Drive which is to be purchased by said wife, specifically including any claim or other matter which would impair the lien or priority of any mortgage or other security interest given to her to any lender who advances funds for her purchase of the property. In witness whereof the said Kevin T 2& day of ?Z? '2008. Noonan has hereunto set his and seal this Commonwealth of Pennsylvania : SS.: County of C LW?6 r`04-"j On this, the ?o day of tLc , 2008, before me, a Notary Public, the undersigned officer, personally appeared Kevin T. Noonan, 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. In Witness Whereof, I hereunto set my hand and official seal. "% L:?? -( Notary Public COMMONWEALTH Ot [9j&pn Expires::.l: NOTARIA F:Wrg16111 - Noonan, Kevin 111 -&9icjReNftE at uj q?1 nan Spousal Waiver to Real Property.doc Camp Hill Boro, Cumberland County MY Commission Expires Sept. 19, 2009 EXHIBIT "1399 CHILD CUSTODY AGREEMENT THIS CHILD CUSTODY AGREEMENT ("Custody Agreement") is made as of the day of 2008, by and between Cheryl A. Noonan ("Mother") and Kevin T. Noonan ("Father"). Mother and Father are the parents of three minor children, namely Kyle T. Noonan, born February 21, 1996; Conner J. Noonan, born March 17, 1997; and Jack T. Noonan, born December 29, 1999 (the "Children"). Mother and Father hereby agree to the following parenting plan for the custody of the said Children: 1. The parties shall share legal custody of the Children as that term is defined in 23 Pa. C.S. § 5302. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Children. 2. The parties shall share physical custody of the Children. 3. It is the intention of the parties that they shall have approximately equal amounts of time with the Children. The parties agree to work with one another to establish a schedule for the Children during the school year, periods when school is not in session, and holidays. The parties further agree that each shall have reasonable time with the Children for vacations. The parties will cooperate with one another to accommodate one another's work and other schedules. 4. Each parent is entitled to receive information concerning the Children directly from schools, health care providers, or other relevant sources. 1 5. Each parent shall encourage the Children to comply with the parenting agreement and shall attempt to foster in the Children a positive view of the other parent. 6. Each parent shall keep the other parent informed with an address and telephone number at which the Children will be while in their custody. Each parent shall be entitled to reasonable telephone and electronic contact with the Children while the Children are in the custody of the other parent. 7. The parties may decide different time arrangements other than those provided for in the Custody Agreement and make decisions for the Children whenever they mutually agree to do so. Nothing in this Custody Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this Custody Agreement will be followed. 8. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. The parties shall assure that other household members and/or houseguests comply with this prohibition. During any period of custody or visitation, the parties shall not cohabit with another person not their spouse. 9. In the event either party intends to relocate more than twenty-five (25) miles from their current residence, each shall give the other at least ninety (90) days written notice of their intent. In the event either party relocates, 2 it is agreed that both Parties will work together to modify the above custody schedule in the best interest of the Children. 10. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of this matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the child for all purposes. The parties agree that any future actions related to custody shall be filed in Cumberland County or another county in which one of the parties resides at the time. IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby, Mother and Father have executed this Custody Agreement as of the day and year first above written. WITNESS: WITNESS: MOTHER: Che I A. N nan F:\drg16111 - Noonan, Kevin 1114863 - Domestic Relations Matters\Documents\Noonan Custody Agreement.doc 3 COMMONWEALTH OF PENNSYLVANIA : SS.: COUNTY OF C AYE aQt'?--f On this, the day of Yl 2008, before me, a Notary Public, the undersigned officer, personally appeared Cheryl A. Noonan, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. . v(1.2 Nota ublic My mmission Expires: q C? UCj` (S?L K OF PENNSYLVANIA l1 NOTARIAL SEAL SUSAN J. MILLER, Notary Pum", camp Hill isBan Exp sbSepi. d 19, 2009 COMMONWEALTH OF PENNSYLVANIA SS.. t ?•? : COUNTY OF( On this, the day of 2008, before me, a Notary Public, the undersigned officer, personally appeared Kevin T. Noonan, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. LQb L? -e-4 Not Public My Commission Expires: 9 (SEALI__ __ _ _ SUSAN J. MILLER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Sept. 19, 2009 4 *? %ct ._ ?"± ?.q ??^ n'? ,?, r- . .? ?, t..- ,,,.. t .. .?'" ^ .S'? i. . ?? .." CHERYL ANN NOONAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1431 CIVIL KEVIN THOMAS NOONAN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on March 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. 1 consent to the entry of the Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 1 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I participate in counseling prior to a decree being handed down by the Court. 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 DATE: 0I zg 16% as Noonan, Defendant cx> Y J '? c CHERYL ANN NOONAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1431 CIVIL KEVIN THOMAS NOONAN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on March 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. 1 consent to the entry of the Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 1 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: 602 D Che I Ann N ?ainh? r? n CHERYL ANN NOONAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1431 CIVIL KEVIN THOMAS NOONAN, CIVIL ACTION - LAW Defendant 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. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 falsifications to authorities. Thomas Noonan, Defendant Dated: "` las lob r-o ?+ -rz rT r ; r- -93 C7 C3 •-< CHERYL ANN NOONAN, Plaintiff V. KEVIN THOMAS NOONAN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1431 CIVIL : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 falsifications to authorities. Cheryl nn Noon n, Plaintiff Dated: D I_ tz ?4 4 • f.., ? ?K 1, CHERYL ANN NOONAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1431 CIVIL KEVIN THOMAS NOONAN, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section [3301(c) 3304041 of the Divorce Code. (Strike out inapplicable section). 2. Date of filing and manner of service of complaint: filed March 4, 2008, 2006, service of Complaint accepted by counsel for Defendant, by Acceptance of Service dated March 11, 2008 and filed March 18, 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff dated June 28, 2008, filed July 14, 2008; by Defendant dated June 28, 2008, filed July 14, 2008. (b)(1) Date of execution of the affidavit required by §3301(d) if the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A 4. Related claims pending. None. The attached Marital Settlement Agreement, including Exhibit "B", which is the Child Custody Agreement, is to be incorporated by reference, but shall not be merged into the final Decree in Divorce (see Paragraph 20 of the Agreement). 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Entry of Divorce Decree, a copy of which is attached: N/A. 'IV (b) Date Plaintiff's Waiver of Notice was dated June 26, 2008 and filed with the Prothonotary: July 14, 2008. Date Defendant's Waiver of Notice Divorce dated June 26, 2008 and filed with the Prothonotary: July 14, 2008. Respectfully submitted, Date: WIX, WENGER & WEIDNER By: C?, J David R. Getz, Esquire/ Attorney I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Defendant ? ?? ? ? ? -c? :J t ? ? -? .. ' .o!M' ^ ?',. S r7 a . ? ... ? ? ?A . IN THE COURT OF COMMON PLEAS CHERYL ANN NOONAN, P a nti VERSUS KEVIN THOMAS NOONAN, e en an N O. 2008-1431 CIVIL DECREE IN DIVORCE AND NOW, `Z-- 2008 , IT IS ORDERED AND DECREED THAT Cheryl Ann Noonan , PLAINTIFF, AND Kevin Thomas Noonan ARE DIVORCED FROM THE BONDS OF MATRIMONY. OF CUMBERLAND COUNTY STATE OF PENNA. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO DIN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ^Q- The attached Marital Settlement Agreement is to be incorporated by /ow L.