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Home My WebLink About04-0329 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO.()1..f ~.3:2.? CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY KAREN L. NELSON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 CARIJSLE, P A 17013 (717) 249-3166 OR (800)990-9108 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, P A v. NO.6'f-3.2'j CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY KAREN L. NELSON, Defendant COMPLAINT 1. Plaintiff is THOMAS D. NELSON, who currendy resides at 221 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is KAREN L. NELSON, who currendy resides at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 26, 1980 at Bethlehem, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from July 26, 1980, until November 6, 2003, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III -COUNSEL FEES AND COSTS 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 16. Plaintiff may need to hire experts to appraise the marital property but he lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. COUNT V - COMPLAINT FOR CUSTODY 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. The Plaintiff is THOMAS D. NELSON, who currently resides at 221 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. 19. The Defendant is KAREN L. NELSON, who currently resides at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania. 20. The Plaintiff seeks custody of the following children: Katherine E. Nelson, bom 04/29/1989, and Molly Rebecca Nelson, bom 09/13/1991 who currently reside at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania 21. The children were bom during wedlock. 22. The children are presently in the custody of Karen L. Nelson, who resides at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania. 23. During the children's lifetimes, they have resided with the following persons and at the following addresses: Name Address Date Karen Nelson 3439 Green Street, Camp Hill, P A 221 N. 21st Street 03/1993to11/2003 Camp Hill, P A 11/08/03 to present Tom and Karen Nelson Tom and Karen Nelson 1811 Baffin Street Severn,~D 21141 17624 28th Ave. SE Bothell, WA 98012 02/1992 to 01/1993 Tom and Karen Nelson 4/1989 to 11/1991 24. The mother of the children is Karen L. Nelson, who currendy resides at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania. 25. ~other of the children, Karen L. Nelson is separated. 26. The father of the children is Thomas D. Nelson, who currendy resides at 221 North 21 st Street, Camp Hill, Cumberland County, Pennsylvania. 27. Father of the children, Thomas D. Nelson, is separated. 28. The relationship of Plaintiff to the children is that of Father. 29. The relationship of Defendant to the children is that of ~other. 30. The Defendant currendy resides with the following persons: N/ A 31. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 32. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 33. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 34. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor children since their birth. He has: 1. Planned and prepared meals; ii. Bathed, groomed and dressed the children; ill. Purchased, cleaned and cared for the children's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Father. c. Father is able to provide a stable environment for the children. 35. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court return primary physical custody of the children to the Plaintiff/Father. Respectfully submitted, ADOM & KUTULAKIS, L.L.P. DATE DI!Z3!D+ ~~!;f~'d-~ Attorney ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, THOMAS D. NELSON, verify that the statements made in this Divorce and Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date js}Y ,.;/ /0.' j ~~ 7ft41-- THOMAS D. NELSON CERTIFICATE OF SERVICE AND NOW, this l3 rLsay of l ~["{u?004, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Divorce and Custody Complaint, upon the Defendant through her attorney, by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Karen L. Nelson 3439 Green Street Camp Hill, PA 17011 Respectfully submitted, Abom & Kutulakis, L.L.P. ~J-J6JLL~ ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ~(:J \l1 _ 0v f: ~ ~6' ~ A ~ ~ gc5~~ . . C>. () &&& (-) ~'; C' ~:: ~-,l C._ '":"_~ .. ., ~?(cj\ .....~.< b , -; --~.J ~, , .,"11 I I I ff! (::) ~ ~lS ~ THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PA v. NO. 04-329 CIVIL TERM KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DNORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on January 27, 2004, at Carlisle, Pennsylvania, addressed as follows: Karen L. Nelson 3439 Green Street CampHiU, PA 17011 Return card acknowledging receipt on January 29, 2004, is attached as Exhibit "A". Date:~ ABOM & KUTULAKlS, UP 1~v0.{ Kara W. Haggerty, Es 36 South Hanover Street Carlisle, P A 17013 (717)249-0900 Attorney for Plaintiff J.D. No: 86914 , -' Exhibit "A" .. n 0 ,..., (~ 0 c: c:') -n ;::: ..<- 1 -otJ) .." .-, .. S2 ~F~ f'l"-\ ~:!-l OJ ..... ~~ I -om .I~_M ~T ~'~CJ :::::\C} ~'~- -r, ~l'" --u /:O;,:.:!..:! f;. j _'l.. ;,-:~C) ~. c: ''>? :-'::;11"\ Z ., ~ ,",. .t:"'o ..- ~:~c ., c." -,,< THOMAS D. NELSON PLAINTIFF IN nm COURT OF COMMON PLEAS OF CUMBERLAND COUNIY, PENNSYL VANIA V. 04-329 CIVIL ACTION LA W KAREN L. NELSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 05,2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before. Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 20, 2004 at 10:30 AM tor a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issnes to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: Isl Hubert X. Gilroy. Esq. Custody Conciliator o The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For intormation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 ~ ~.,# ~ ~~ At:7..5C' '/--# z: ~ ~#; Ac7 5- co ~ / ~ hr>vrv ~J..L?V ./7??..F r /- ~~ ./Z-,V ':L'P' 7 V1N(i\l,\~'JN::1d . I "lrlC,r" 11"""':-'1.,':.:'.:1'""1'," lW"ti .,...1 '.J, '., . ""Ur~ oJ 6'1 :8 Wd S- 83.:l ~OOZ Al:JV10NOHlOt:id 3H.L ::10 3JL:I:i(}{]31I::l Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS , 2004, cornes the Defendant, Karen AND NOW, this If-- day of L. Nelson, and respectfully moves this Honorable Court to Compel Responses to Interrogatories and Docurnent Production Requests. In support thereof she avers the following: I, The above-captioned matter involves failure ofPlaintiffto respond to Interrogatories and Document Production Requests propounded by Defendant. 2, Interrogatories and Docurnent Production Requests were initially served by Defendant's counsel on February 10, 2004, 3. Responses were due within thirty (30) days in accordance with 42 PaKC.P. 4006 and 4009.12. 4. No timely response was received to this discovery request. 5. Plaintiff was forwarded notice on March 26,2004, that the discovery requests were due on March 13,2004 and was asked when Defendant could expect the discovery responses. A copy ofreferenced notice is attached hereto as Exhibit "A." 6. By letter of March 31, 2004, Plaintiff replied that there was a misunderstanding as to what responses were actually required but indicated answers would be forwarded as soon as possible. A copy of referenced letter is attached hereto as Exhibit "B." This was confirmed by Defendant's counsel by letter dated April I, 2004. A copy of referenced letter is attached hereto as Exhibit "C." 7. On May 17,2004, Defendant still had not received any response to the discovery requests and written notice was given to Plaintiff to respond to discovery requests no later than May 30,2004. A copy of referenced notice is attached hereto as Exhibit "D." 8. No timely response was received by this deadline. 9. Defendant again forwarded notice to Plaintiff to respond to discovery requests no later than July 12,2004. A copy of referenced notice is attached hereto as Exhibit "E." 10. No timely response was received by this deadline. 11. On July 13,2004, Defendant's counsel telephoned Plaintiffs counsel to request a date for receipt of discovery responses and no return call was given. 12. Defendant requests Plaintiff shall be ordered to answer the discovery requests within five (5) days from the date of this order. 13. Pa. R.C.P. 4019 provides as follows: 4019 (a)(I) The court may, on rnotion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 14. Petitioner requests the Plaintiff be ordered to respond to discovery requests within five (5) days of this order or suffer sanctions, including the imposition of attorney fees and costs in accordance with Pa. R.C.P. 4019. WHEREFORE, it is respectfully requested that Plaintiff, Thomas D. Nelson, be compelled to respond to Interrogatories and Document Production Requests referred to in this Motion within five (5) days of the order or suffer the imposition of sanctions as required by Pa. R.c.P. 4019, under attorney's fees and costs. Dated: July 19, 2004 // /. &=PI~Sllili_ ""'''''' 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney uJr Defendant EXHIBT A LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. peNNSYLVANIA 17070-1981 PHONE (717) 774-1445 FAX (717) 77 4~ 7059 March 26, 2004 Kara W. Haggerty. Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 f Re: Nelson v. Nelson Dear Kara: I wanted to confirm that the parties to the above captioned matter have reached an agreement concerning custody. I understand that you will be drafting a stipulation which provides as follows: 1) Mrs. Nelson will have primary physical custody. 2) Mr: Nelson will have alternating weekends from Friday until Monday morning and each Thursday evening. 3) The parties shall alternate holidays. Also, my client would like to move the divorce forward. I believe you have Interrogatories from rny office which were due on March 13, 2004. Please advise when responses can be expected. Thank you for your consideration in this matter. BSSlld cc: Ms. Karen L. Nelson EXHIBIT B _MOM & KUTULAKIS "11' ATIORNEYS AT lAW March 31, 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Re: Nelson v. Nelson Divorce Docket No.: Our File No.: 03-353 Dear Barbara: I am in receipt of your letter dated March 26, 2004. I am in the process of drafting a custody stipulation in accordance with the provisions you enclosed in your letter. I will forward the stipulation to your attention as soon as possible. Once the custody stipulation is signed, I will discuss the pending divorce with my client to determine if there are any other outstanding issues. It was my understanding from our conversation in February that you were not expecting answers to the interrogatories that you forwarded to my attention. Please advise me if my information is incorrect, and I will provide your responses as soon as possible. Thank you for your consideration in this matter. If you need any additional information, please do not hesitate to contact me. Very truly yoms, Ahom & Kutulakis, L.L.P. t~LA) I-klltlr j .1u Kara W. Hagg"rtyl '(fer - , d KWH/bhs Cc: Thomas Nelson REPLY To; 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 106 WALNlIT STREET HAmuSBURG. PA 17101 (717) 232.9511 FAX (717) 249-3344 EXIDBIT C LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774.7059 Apri11, 2004 Kara W. Haggerty. Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, P A 17013 Re: Nelson v. Nelson Dear Kara: Thank you for your letter of March 31,2004. In response to your questions, I had indicated to you upon filing that if full information regaxding the marital estate was exchanged, it did not have to be in direct response to the interrogatories. I had anticipated an informal exchange. However, given the time delay, it might be simpler simply to respond to the discovery. Please provide same at your earliest convenience. /") .. , . / Very ~il~~ur~, /,(/',~/:~~. f:-vJ , f Barbara Sumple-Sullivan BSS/ld cc: Ms. Karen L. Nelson EXHIBIT D LAw OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 F~(717)774-7059 May 17,2004 Kara W. Haggerty. Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Re: Nelson v. Nelson Dear Kara: I am still awaiting your client's response to rny discovery in the above captioned matter. I ask that you have same in my possession no later than May 30, 2004. Thank you for your attention to this matter. If you have any questions do not hesitate to contact my office. BSS/ab ~//7 // (j)J ~ ~l r ~~ I Barbara Sumple-Sullivan cc: Ms. Karen L. Nelson EXHIBIT E LAW OFFICES BARBARA SUMPLE-SULLIVAN 540 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1981 PHONE (717) 774-1445 FAX (717) 774-7059 June 24, 2004 Kara W. Haggerty. Esquire AMm lllid Kufillakis, LLP 36 South Hanover Street -- -.-- Carlisle, P A 17013 Re: Thomas D. Nelson v. Karen L. Nelson Docket No. 04-329 Dear Kara: As you know, I had expected responses to my interrogatories by the end of May. To date, they still have not been received. I will have no choice but to file a Motion to Compel responses if not in hand by July 12, 2004. Thank you for your anticipated cooperation. Barbara Sumple-SuIlivan BSS/ld cc: Ms. Katen L. Nelson Barbara Sumple-SuIlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-329 KAREN 1. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Mr. Thomas D. Nelson c/o Kara W. Haggerty, Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, P A 17013 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Curnberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Attorney For Defendant DAm-it~2004 () =i... r,,) r_,) C.;. "-> = ~~ o -q .-, n-~J~ ~n r'- -,., IT! T~~ [)-:} .o.~;. 1_, ~ ,- ~ i~n c_ c.:: r- :"',) c ~, THOMAS D. NELSON, Plaintiff v. KAREN L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-329 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of July, 2004, upon consideration of Defendant's Motion To Compel Responses to Interrogatories and Document Production Requests, a Rule is hereby issued upon Plaintiff to show cause why tht: relief requested should not be granted. RULE RETURNABLE within 20 days of service. -K~a W. Haggerty, Esq. 36 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff .~bara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 1707-1931 Attorney for Defendant :rc BY THE COURT, J. )> ~ /ic; O'7.:JL-O<j 60 :2 lid 9;: innwZ )"tJ\7~iCI\:,(J;'ILC,:~U 3;"11 :!C) j~)ld.:fC>-G3IH THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL~~DCOUNTY,PA v. NO. 04-329 CML TERM KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CUSTODY STIPULATION AND NOW, comes Thomas D. Nelson, (hereinafter "father"), and Karen L. Nelson (hereinafter "mother"), and agree as follows: WHEREAS, the parties are the natural parents oftwo minor children: Katherine Elizabeth Nelson, DOB April 29, 1989, and Molly Rebecca Neilson, DOB September 13,1991; WHEREAS, the parties desire to enter into an agreement as to the custody of the above said children and to the visitation rights of the non-custodial parent; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: I. The parties shall share legal custody of the subject minor children. 2. The mother shall have primary physical custody of the subject minor children. 3. The father shall have partial physical custody of the subject minor children every other weekend from Friday afternoon until Monday morning, as well as every Thursday afternoon and evening. The specific times of the custody transfers shall be agreed upon by the parties. 4. The parties will share all major holidays as follows: a. Father shall have custody of the subject minor children for the New Year holiday, Easter weekend, and 4th of July wf:ekend, in all even numbered years. b. Mother shall have custody of the subject minor children for Memorial Day weekend, Labor Day weekend, and Thanksgiving weekend, in all even numbered years. c. The above holiday schedule alternates each year. d. Mother shall have custody on Mother's Day. Father shall have custody on Father's Day. This custody schedule shall tal.e precedence over the alternating weekend custody schedule. e. The parties shall share the Christmas holiday. The times for the custody exchange shall be agreed upon by the parties.. 6. In the event that Mother is unable to care for the subject minor children during her period of custody, father shall have the right of first refusal to have custody during those times. 7. At any time that father is working out of his home office, the children are permitted to spend the day with father. 8. Transportation shall be shared equally by the parties. 9. The parties agree that this Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~f0p; Thomas D. Nelson, Plaintiff .-/ ~JA} I;l-, :.-.~,J1WLsJ By:____________________ 0 ......, 0 = c- co.> '" -L- c.... :t::rJ c:: r- mr- 1'.) Jjm \D b? ._,~ .." :c -Ii :x 0(') ":':' ?5m ~ c.n ::0 U'I .-<.: AUG 02 2004 iC THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 04-329 CIVIL TERM KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW this ---1lt. day of ~ ~O-> &-1 , 2004, the attached Custody Stipulation is hereby made and Order of Court. BY THE COURT, .~~4 J. Distribution: Kara W. Haggerty, Esquire Barbara Sumple-SulIivan, Esquire 03-()~-()1 \fT\!\/r0J\'3''.~I'<:~d }J.NnC'~: "':.::';i~~nJ \ 2: :2 Ild ~1- ;}[W IjIlOl NJV10i>.lOH10cd 3Hi :10 38l:0:IQ-CE\l!:1 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-]445 Counsel for Petitioner THOMAS D. NELSON, Plaintiff (Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. Docket No. 04-329 KAREN L. NELSON, Defendant (petitioner) CIVIL ACTION - LAW IN DIVORCE MOTION FOR SANCTIONS I. Petitioner is Defendant, Karen L. Nelson, an individual residing at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania 170 I I. 2. Respondent is Plaintiff, Thomas D. Nelson, an individual residing at 221 North 21" Street, Camp Hill, Cumberland County, Pennsylvania 170 I I. 3. On or about July 20,2004, Petitioner filed a Motion to Compel Responses to Interrogatories and Document Production Requests. 4. On July 23, 2004, the Honorable 1. Wesley Oler, issued a Rule, returnable within twenty (20) days, to show cause why Plaintiff should not have to n:spond to the Interrogatories and Document Production Requests. 5. Said Rule was served on Respondent's Counsel, Kara W. Haggerty, Esquire, by regular mail with a Certificate of Mailing dated July 29,2004. A copy of the certificate indicating service of said Rule by Respondent is attached hereto and incorporated herein by reference as Exhibit "A." 6. Respondent was to respond to the Rule issued by the Honorable J. Wesley Oler, If. by August 19,2004. 7. No answer or other objections have been filed in this matter and no response to the Rule to Show Cause has been made. 8. To date, Petitioner has incurred additional counsel fees and costs in the amount of approximately $350.00 to seek compliance with the discovery requests. 10. Petitioner requests that an Order be entered ordering Respondent to pay Petitioner's counsel fees incurred in preparation of the Motion to Compel and this Motion for Sanctions. 11. Petitioner requests that an Order be entered ordering Respondent to respond to Defendant's Interrogatories and Document Production Requests within five (5) days of the Petition. 12. Petitioner requests that an Order further be entered excluding any documents produced in Defendant's Discovery responses that conflict with values of Petitioner at trial. WHEREFORE, Petitioner requests this Honorable Court to enter an Order as follows: I. Respondent shall respond to Defendant's Interrogatories and Document Production Requests within five (5) days of this Order; 2. Any documents finally produced by Respondent's Discovery responses which conflict with valuations of the Defendant shall be excluded at hearing; 3. Respondent shall pay Petitioner's counsel fees incurred in preparation of the Motion to Compel and this Motion for Sanctions; and 4. Any other relief this Court deems equitable. DATE: AUgust~ 2004 EXHIBIT A LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREB'l' NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 F~(717)774~7059 July 29, 2004 Kara W. HaggeI1y. Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, PAL 70 13 Re: Thomas D. Nelson v. Karen L. Nelson Docket No. 04-329 Dear Kara: Enclosed constituting service on you is an Order of Court dated July 23, 2004 with Rule Returnable within twenty (20) days of service. If you have any questions, do not hesitate to contact my office. f/'j ~.,- ! Sinc~reIy ~oirr7' " / /" "I ~~- / .- { Barbara SumpIe-Sullivan BSS/Id Enclosure cc: Ms. Karen L. Nelson (w/encl) u.s. POSTAL SERVICE C:ERTIFICA TE OF MAILING MAY BE USED FOR DOMESTIC AND INn:RNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE POSTMASTE,R Received F~ I Barbara Sumple,Sullivan, Es 549 Bridge Street New Cumbe:rland, PA ,... (>)[:;rf" ~r '" V> -3"'tl. N-..JO:O CtDc-C_"'tl ~. ~~o~ o. -< ... ." :t> :t> '" '" PS Form 3817, January 2001 . . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Counsel for Petitioner THOMAS D. NELSON, Plaintiff (petitioner) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 04-329 KAREN L. NELSON, Defendant (Respondent) CIVIL ACTION ' LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certifY that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Mr. Thomas D. Nelson c/o Kara Haggerty, Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumbl:rland, P A 17070,1931 (717) 774,1445 Supreme Court LD. 32317 DATE: August.31-. 2004 C) ~~~ -::.... -(_'r;" ! ( , ~ -, ~ .:....] (/ ' c> -0 "5:',: :x , ) ~~5~ ~? ..-...; -< ,.., = = .r- (/'> ,..,.., ""tJ I ~ ::tl-n nip::: -om -1'J9 ~.~~ Or') 2m ~;~~ ,~ ".< THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CuMBERl.AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. KAREN L. NELSON, Defendant NO. 04-329 CIVIL TERM "Mocion '0< S""cion,;' whi,b will b' ,,_'" '" , rootion to ron" ",I, ,b"lute, ,'" AND NOW, thi' ," day 0' So"orob". 2004. """n "",ido,"'inn of Do'ond"'''< QRDER OF COURT ",10 ",u,d on July 23. 2004. i' ronde ,b"lute to tho ,xton' """ PI,;ntill' i' ",,,,ted to _ond. withou' obi'''''"' to tho in""ogoton" ",d do'''"'o", ",,- "r,ned to '0 Do'endan'" Motion To Coropd R<,pon<" to In'",""to"" ",d f)u<Uroon' produ"'on Requests within 20 dayS ofthe date ofthis order. BY THE COURT, J. ~ Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 A7ey for Plaintiff ;13arb~a sumple-Sullivan, Esq. 549 Bridge Street New cumberland, P A 17070-1931 Attomey for Defendant '/ f~i1- L41 \~ oq'01-0~ :rc Vti\V/\l/S;~~:\~Jd I "',~~r '.'c: :- '"''n''' I\.i.!\f i() ,: , i'~~~:"~,! 1{ .0...1 Ie :c I~d [- dJS ~DOl 1ii:J'rI10tVOi-UOo'd :JHl :10 3JI::L-I()-(J31/::I - 1:<1' ruE COURT OF COMMON PLE.".S OF CUMBERL\ND COUNTY, PENNSYLVANIA Thomas D. Nelson Plaintiff vs. Karen L. Nelson NO. 04-329 19 Karen L. Nelson a master with respect to the (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente MOTION FOR APPOINTI1ENT OF MASTER (W~Jy,';; ;~ (Defendant), moves the court to appoint following claims: Lite (X ) ~) ~; Distribution of Property Support Counsel Fees Costs and Expenses and in support or the motion states: (1) Discovery is complete as to the claims (s) for ,,,hich the appoincment of a master is requested~ (2) The defendant (has) (~ appeared i.1'1 (by his attorney, Barbara Stnnple-Sullivan . . (3) The staturory ground(s) for divorce (~ 3301 (c) and 3301 (d) (4) the action ~ ,Esquira) . (are) 3301 (a) (6) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respec t: to t~e :ollow~g claims: (c) The action is concasced ~ith respect :0 the :ollo~ing claims: EQuitable Distribution .APL, Alimony, Support, Counsel Fees, Costs and EXpenses.. (5) The action ~does not involve) complex issues of law or fact4 (6) The hearing is expected to take (7) Additional information. if anv. for~ (Defendant) Sumple-Sulilvan, Esquire 1 ~) (days). motion: Dete: MarCh;25 , 2005 ,Attorney AND NOW is appointed master with ORDER APPOINTING ~l~STERBarbara ,19_, respect to the following claims: Esquire, By the Court: J C) c- r-> c::.> c'" cJ' o --n ::""2-rJ rne '\1 ~.:..: :rJ'T' \~~,~ ,~:0 ~;..(') (_="n ., ~> ~.q -~. -.~ :;;: :;:0 N .{:- ''0 ::~ -..l Ci Barbara Sump Ie-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 QD1774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON P AS CUMBERLAND COUNTY, PENN YL VANIA v. NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION ' LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 23rd day of March, 2005, comes Defendant, Karen L. Nelso (hereinafter referred to as "Petitioner"), by and through her attorney, Barbara Sumple,Sullivan, Es uire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support th eof states as follows: 1. A Complaint in Divorce was filed on January 26, 2004. 2. Petitioner is the Defendant in the above action. 3. Petitioner requests the Court to enter an order granting support, alimony pen nte lite and alimony to your Petitioner as the Court deems reasonable pursuant to Sections 3 Oland 3702 of the Divorce Code of 1980, together with any amendments thereto. 4. Defendant lacks sufficient assets to provide for her reasonable needs and is unab to support herself fully through appropriate employment. 5. Plaintiff has sufficient assets to provide continuing support for Defendant. 6. Plaintiff has sufficient assets to provide support, alimony pendente lite a alimony for Defendant. WHEREFORE, Petitioner requests your Honorable Court to enter an award f alimony pendente lite and spousal support, until final hearing, and thereupon enter an award f alimony. 7. Defendant requests an award to her of counsel fees and costs. WHEREFORE, Petitioner requests your Honorable Court to enter an award counsel fees and costs. Respectfully submitted, DATE: March 23, 2005 t Barbara umple-Sullivan, Esqui 549 Bridge Street New Cumberland, PA 17070,19 1 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON P AS CUMBERLAND COUNTY. PENN YL VANIA v. NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION - LAW : IN DIVORCE VERIFICA TION I, Karen L. Nelson. hereby certify that the facts set forth in the foregoin PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, in rmation and belief fllnderstand that any lalse statements made herein are slIbject to penalties of 8 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. DATEO:71{a1e.h ~ ~ .2005 } Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON P AS CUMBERLAND COUNTY, PENN YL VANIA v. NO. 04,329 KAREN L NELSON, Defendant CIVIL ACTION ' LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple,Sullivan, Esquire, do hereby certify that on this date, I se d a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS in the ab e-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 DATED: March 23, 2005 Barbara Sumple-Sullivan, Esquir Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070,19 1 (717) 774-1445 Supreme Court I.D. No. 32317 -j,q. o 6' 1- rt 0 v -eJ r :b 1- <-L \l" ~ y ~ ...tJ ~ (} r--' (.~ '::J c::"l ('J" -~ ~ r,) ..:- o 11 .-4 ~y -n \\-\l~_! .,.I>":'-J. .~)\,~ C;;.r....~ r: ~t~ '-~-~;r~ . , .~.:,~ "",' <:.;,) ~:: "0 :::1'::' --' - THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 329 CIVIL KAREN L. NELSON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this AJ'j /\ + /fI :-f f. c;.L /" day of (YCl~{)L1J 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 19, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~a W. Haggerty Attorney for Plaintiff ~rbara Sumple-Sullivan Attorney for Defendant (' ~1 ~ \ , . ,-' \ ,; ) -, , ~ " ) \' NUUUTALSETTLEMENTAGREEMENT 1HIS AGREEMENT, made this 1 o/~ay of ~ 2005, by and between THOMAS D. NELSON, hereinafter referred to as "HUSBAND," and KAREN L. NELSON, hereinafter referred to as "WIFE." WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on July 26, 1980, in Bethlehem., Pennsylvania; WHEREAS, there were two (2) minor children born of this marriage: Katherine E. Nelson (DOB: April 29, 1989 and Molly R. Nelson (DOB: September 13, 1991); WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support . or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 9/13/2005 consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Kara W. Haggerty, Esquire. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations, Each party acknowledges that this Agreement is fair and equitable, and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement, Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness 9/13/2005 2 of the causes, which led to, or resulted in, the continuation of their living apart, HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed 9/13/2005 3 simultaneously with this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be 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. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void, Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 9/13/2005 4 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, 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 provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended 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), nor 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 or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to 9/13/2005 5 the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE 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. 11. BINDING EFFECT OF AGREEMENT/W AIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or 9/13/2005 6 provision of this Agreement. 12. 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 damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other. in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment of liability shall indemnify 9/13/2005 7 and save harmless the other from all additional tax:, penalty, and interest. lfthe liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax: assessment, penalties and interest. SECTION IT EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation to jewelry, clothes, furniture, and other assets. The parties agree that all assets in the possession of WIFE as of the date of execution of this Agreement shall be the sole and separate property of WIFE, The parties agree that all assets in the possession of HUSBAND as of the date of execution of this Agreement shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 9/13/2005 8 B. REAL ESTATE The parties jointly own property at 221 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by Citibank with an approximate value of Eighty-Nine Thousand Nine Hundred Fifty-Five Dollars ($89,955,00) and a home equity loan held by Citibank with an approximate value of Eight Thousand Five Hundred Thirty-Four Dollars ($8,534.00). WIFE desires to maintain sole ownership of the house and reside therein with the parties' children. HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that WIFE refinances the existing mortgage and home equity debt. Husband agrees to execute a Deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence, This deed shall be held in escrow by HUSBAND's counsel and released incident to the event of WIFE's refinancing of the mortgage debts. WIFE shall have ninety days to effectuate the ~ refinance-frotn ta@ gat~ gfHUSBAl'ID'~ nnlov~l of"v'llIFC from his rar lmm In the event that WIFE does not secure refinance of the mortgage in that time period, the house shall be listed for sale. In the event of sale, the net proceeds, after satisfaction of all regular closing costs and expenses, shall be the sole property of WIFE. HUSBAND shall vacate the property no later than October 15, 2005, WIFE shall have exclusive possession thereof. c. MOTOR VEmCLES At the time of separation, the parties owned a 2002 Toyota Camry and a 2003 Subaru 9/13/2005 9 Legacy Outback. The 2002 Toyota Camry shall become the sole and separate property of HUSBAND. Prior to this Agreement, HUSBAND traded the 2002 Toyota Carmy and any proceeds realized from said trade shall be the sole possession of HUSBAND. WIFE waives any claims to said vehicle. The 2003 Subaru Legacy Outback shall become the sole and separate property of WIFE. HUSBAND waives any claims to said vehicle. The 2003 Subaru Legacy Outback currently is encumbered by a loan with CITICORP which shall fully become the responsibility of WIFE. WIFE agrees to indemnify and hold HUSBAND harmless from any past, present and future principal, interest, penalties and costs associated with this debt. WIFE shall remove HUSBAND's name from the loan incident to her refinance of the marital home. D. FINANCIAL ASSETS / INVESTMENTS The parties shall each maintain any checking, savings, or other financial account as titled in their individual names. The parties were the owners of a Linsco Investment Account No. 6625-2024. This account has been divided to the mutual satisfaction of the parties and shall be closed. E. PENSIONS AND EMPLOYMENT BENEFITS Through his employment, HUSBAND has an interest in three (3) retirement plans, being a Buschman Co. / FK1 Logistex 40 1 (k), an Automated Production System Profit Sharing Plan and a 9/13/2005 10 Rankin Automation 40 I (k). HUSBAND shall retain sole ownership and control of these plans and benefits. WIFE waives any and all claims to said benefits. WIFE warrants that she does not have any interest in any pensions or employee benefits of any kind. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name, The parties each agree that HUSBAND shall maintain a life insurance policy with the children as beneficiaries in an amount equal to Two Hundred Thousand Dollars ($200,000.00). This represents One Hundred Thousand Dollars ($100,000.00) for each child. HUSBAND shall provide WIFE with annual proof of the existence of said policy. The obligation for carrying insurance for the benefit of the children shall terminate when the youngest child reaches the age of twenty-one (21). If, at the time of HUSBAND's death, any child is less than eighteen (18) years of age, the parties agree that WIFE shall be trustee ofthe funds for the minor child. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future 9/13/2005 11 obligations of every kind incurred by them, including those for necessities, At the time of separation, in addition to the mortgage, line of credit and car loan previously set forth above, certain marital debts existed. These debts were: 1. Capital One Credit Card (IT) Acct. No, 5291-4924-0116-7446 ($5,810.54) as of 12/27/2003 2. American Express Credit Card (W) ($ 300.00) as of 11/2003 HUSBAND warrants that he shall be solely responsible for repayment of the Capital One Credit Card debt listed as Item 1 and shall indemnify and hold WIFE harmless from the same. WIFE warrants that she shall be solely responsible for repayment of the American Express Credit Card listed as Item 2 and shall indemnify and hold HUSBAND harmless from the same. It is specifically noted that the value of the Capital One Credit Card debt listed as Item I above consists of the following marital debts which were transferred to the above credit card after separation and HUSBAND is solely liable for same: a. Sears Gold Mastercard Acct. No. 5121-0718-1466-8624 ($915.00) as of 12/26/2003 b. Citi Platinum Select Card Acct. No. 5424180236907660 ($4,895.54) as of 12/26/2003 HUSBAND shall be solely responsible for the following and shall indemnify and hold WIFE harmless of same. 1. All outstanding heath expenses related to their daughter, Katie through July 30, 2005 ($77.19) 9/13/2005 12 2. One-half (1/2) of the cost of the band trip for Katie to Orlando for 2005 - 2006 ($250.00) 3. Cost of repair or replacement of the dishwasher. 4. Cost of repair of water damage to the living room not covered by Insurance. 5. Cost of WIFE's outstanding medical expenses for 2005 (excluding root canal) ($188.25) The above costs of $515.44 due WIFE pursuant to I, 2 and 5 above, shall be paid upon signing of this Agreement. WIFE shall be solely responsible for the Camp Hill Ambulance bill for Katie and will indemnify and hold HUSBAND harmless for same. To the best of the parties' knowledge, the parties affirm no other joint debts or claims exist and all joint credit cards and other obligations are terminated. SECTION ill SUPPORT,AL~ONYPENDENTELITE,AL~ONY WIFE shall receive alimony from HUSBAND. Any divorce entered incident to this matter shall provide for the right of WIFE to receive alimony until her death, cohabitation or remarriage. HUSBAND shall pay to WIFE the sum of Three Hundred Twelve Dollars ($312.00) per month as alimony. However, the parties agree that HUSBAND shall have a credit in pre-payment of alimony in the amount of Eighteen Thousand Seven Hundred Twenty Dollars ($18,720,00). Any alimony award for which HUSBAND is obligated to pay shall be reduced by the sum of Three Hundred Twelve Dollars ($312.00) per month until said entire credit amount is extinguished. If 9/13/2005 13 WIFE's eligibility for alimony shall terminate prior to the expiration of the sixty (60) months of credit due to her death, cohabitation, or remarriage, WIFE shall be required to pay to HUSBAND the sum calculated as follows: the number of months remaining in the sixty (60) month term times the sum of Three Hundred Twelve Dollars ($312.00) for each month. WIFE shall have six (6) months from the period of the termination of the alimony to repay said sum to HUSBAND. It is further agreed that the sum being paid pursuant to this paragraph shall be includable as taxable income to WIFE and deductible by HUSBAND for federal income tax purposes. However, the parties agree that this sum shall not be deemed as income to WIFE or a deduction for HUSBAND in the future calculation of child support, If WIFE continues to be eligible for alimony after the sixty (60) month period set forth herein, then, on the sixty-first (6151) month, HUSBAND shall commence and make the alimony payment directly to WIFE. Said alimony shall be due on the first (151) day of the month and continue until terminated by further order of court, WIFE's claim to alimony shall forever terminate on the tenth (10th) anniversary of this Agreement and WIFE waives any claims to any alimony after that date. SECTION IV MODIFICA TION OF CHILD SUPPORT ORDER It is hereby agreed that the parties shall modify the existing child support order to provide that HUSBAND shall pay the sum of One Thousand Dollars ($1,000.00) per month for the support of his children. All other terms of the existing Order shall apply and are affirmed. The 9/13/2005 14 parties agree to submit this Agreement to Domestic Relations for an adjustment of the current support order. This modification shall be effective on the date of execution of this Agreement. SECTION V 1. CONDmON PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS ~l)o/d-1 THOMAS D. NELSON _,1 ~ ~:- 9/13/2005 15 COMMDNWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Thomas D. Nelson, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief Affirmed and subscribed to before me tbis /6 '1'- day of ~005. . ~., L. ~- NOTAPlAl S~ . JOHN A. MOM, Nom.')! ?ub!i<:: i CaflisIs Boro, Cumb9t1aoo Count.y ~ fA;; Commission &pir~ :_un~ 2e~:rS~AL) My co COMMONWEALTH OF PENNSYLVANIA COUNTY OF tL..lX'{\,btz.rl:~,\(i ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Karen L. Nelson, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief ribed to before me this \ 9~ay 0~~5. (SEAL) NOTARIAL SEAl. BARBARA StJMPLE.SUWVAN Notary fIubIIe NEWCUM8ERtAND BOROUGH CUMIERlAND COUN1Y My Commllslon New 15.2007 9/13/2005 16 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 04,329 KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDA VII OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 26, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. CSA Section 4904 relating to unsworn falsification to authorities. DATE: /~/cJS- ~(/w#!- THOMAS D. NE&N >-"' '.-" ~ r::-;, ;'.' u - ~ BlUbara Sumple-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04,329 KAREN L NELSON, Defendant CIVIL ACTION ' LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 26,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses i[I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. DATE: /0 J.;;>c)O:::( -- c,,) ,. ~ ' .- :~~ ... - BaIbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION ' LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. C. S. S4904 relating to unsworn falsification to authorities. DATE: 1&;/6h:J' ( / ///(~ ~tAc> D/$~- THOMAS D. NELSON .__:1 '-';' {'-- --I l~' . - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cmnberland, PA 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa C. S. M904 relating to unsworn falsification to authorities. DATE: IOJSOJos- ~~~ REN L. NELSON '--l , - ~--- MARITAL SETTLEMENT AGREEMENT 7k. a'f. 3:.1 't THIS AGREEMENT, made this jll'f~ay of~rnbul ,2005, by and between THOMAS D. NELSON, hereinafter referred to as "HUSBAND," and KAREN L. NELSON, hereinafter referred to as "WIFE" WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on July 26, 1980, in Bethlehem, Pennsylvania; WHEREAS, there were two (2) minor children born of this marriage: Katherine E. Nelson (DOS April 29, 1989 and Molly R Nelson (DOB: September 13, 1991); WHEREAS, it is the intention of the parties to settle fully and finally their respective fmancial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 9/13/2005 consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Kara W. Haggerty, Esquire. WIFE has been independently represented by Barbara Sumple,Sullivan, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness 9113/2005 2 ofthe causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed 9/13/2005 3 simultaneously with this Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be 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. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 9/13/2005 4 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, 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 provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended 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), nor 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 or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to 9/13/2005 5 the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE 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. 11. BINDING EFFECT OF AGREEMENT/W AIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or 9/13/2005 6 provision of this Agreement. 12. 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 damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment ofliability shall indemnifY 9/13/2005 7 and save harmless the other from all additional tax, penalty, and interest. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation to jewelry, clothes, furniture, and other assets. The parties agree that all assets in the possession of WIFE as of the date of execution of this Agreement shall be the sole and separate property of WIFE. The parties agree that all assets in the possession of HUSBAND as of the date of execution of this Agreement shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 9/13/2005 8 B. REAL ESTATE The parties jointly own property at 221 North 21 ,t Street, Camp Hill, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by Citibank with an approximate value of Eighty, Nine Thousand Nine Hundred Fifty-Five Dollars ($89,955.00) and a home equity loan held by Citibank with an approximate value of Eight Thousand Five Hundred Thirty-Four Dollars ($8,534.00). WIFE desires to maintain sole ownership of the house and reside therein with the parties' children. HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that WIFE refinances the existing mortgage and home equity debt. Husband agrees to execute a Deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be held in escrow by HUSBAND's counsel and released incident to the event of WIFE's refinancing of the mortgage debts. WIFE shall have ninety days to effectuate the .L:i:1Y 1:P!)1 ~F refinanceJr91R tl1@ \late vfIIUS~Al~u's removal u[''vHT [,Oil, I,;, ",,, loan. In the event that WIFE does not secure refinance of the mortgage in that time period, the house shall be listed for sale. In the event of sale, the net proceeds, after satisfaction of all regular closing costs and expenses, shall be the sole property of WIFE. HUSBAND shall vacate the property no later than October 15, 2005. WIFE shall have exclusive possession thereof. C. MOTOR VEHICLES At the time of separation, the parties owned a 2002 Toyota Camry and a 2003 Subaru 9/13/2005 9 Legacy Outback. The 2002 Toyota Camry shall become the sole and separate property of HUSBAND. Prior to this Agreement, HUSBAND traded the 2002 Toyota Camry and any proceeds realized from said trade shall be the sole possession of HUSBAND. WIFE waives any claims to said vehicle. The 2003 Subaru Legacy Outback shall become the sole and separate property of WIFE. HUSBAND waives any claims to said vehicle. The 2003 Subaru Legacy Outback currently is encumbered by a loan with CITICORP which shall fully become the responsibility of WIFE. WIFE agrees to indemnify and hold HUSBAND harmless from any past, present and future principal, interest, penalties and costs associated with this debt. WIFE shall remove HUSBAND's name from the loan incident to her refinance of the marital home. D. FINANCIAL ASSETS / INVESTMENTS The parties shall each maintain any checking, savings, or other financial account as titled in their individual names. The parties were the owners of a Linsco Investment Account No. 6625-2024. This account has been divided to the mutual satisfaction of the parties and shall be closed. E. PENSIONS AND EMPLOYMENT BENEFITS Through his employment, HUSBAND has an interest in three (3) retirement plans, being a Buschman Co. / FKI Logistex 401 (k), an Automated Production System Profit Sharing Plan and a 9/13/2005 10 Rankin Automation 401(k). HUSBAND shall retain sole ownership and control ofthese plans and benefits. WIFE waives any and all claims to said benefits. WIFE warrants that she does not have any interest in any pensions or employee benefits of any kind. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. The parties each agree that HUSBAND shall maintain a life insurance policy with the children as beneficiaries in an amount equal to Two Hundred Thousand Dollars ($200,000.00) This represents One Hundred Thousand Dollars ($100,000.00) for each child. HUSBAND shall provide WIFE with annual proof of the existence of said policy. The obligation for carrying insurance for the benefit of the children shall terminate when the youngest child reaches the age of twenty,one (21). If, at the time of HUSBAND's death, any child is less than eighteen (18) years of age, the parties agree that WIFE shall be trustee of the funds for the minor child. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future 9/13/2005 11 obligations of every kind incurred by them, including those for necessities. At the time of separation, in addition to the mortgage, line of credit and car loan previously set forth above, certain marital debts existed. These debts were: L Capital One Credit Card (JT) Acct. No. 5291-4924,0116,7446 ($5,810.54) as of 12/27/2003 2. American Express Credit Card (W) ($ 300.00) as of 11/2003 HUSBAND warrants that he shall be solely responsible for repayment of the Capital One Credit Card debt listed as Item 1 and shall indemnify and hold WIFE harmless from the same. WIFE warrants that she shall be solely responsible for repayment of the American Express Credit Card listed as Item 2 and shall indemnify and hold HUSBAND harmless from the same. It is specifically noted that the value of the Capital One Credit Card debt listed as Item I above consists of the following marital debts which were transferred to the above credit card after separation and HUSBAND is solely liable for same: a. Sears Gold Mastercard Acct No. 5121,0718,1466-8624 ($915.00) as of 12/26/2003 b. Citi Platinum Select Card Acct No. 5424180236907660 ($4,895.54) as of 12/26/2003 HUSBAND shall be solely responsible for the following and shall indemnify and hold WIFE harmless of same. L All outstanding heath expenses related to their daughter, Katie through July 30, 2005 ($77.19) 9/13/2005 12 2. One-half (1/2) of the cost of the band trip for Katie to Orlando for 2005 - 2006 ($250.00) 3. Cost of repair or replacement of the dishwasher. 4. Cost of repair of water damage to the living room not covered by insurance. 5. Cost of WIFE's outstanding medical expenses for 2005 (excluding root canal) ($188.25) The above costs of $515.44 due WIFE pursuant to 1, 2 and 5 above, shall be paid upon signing of this Agreement. WIFE shall be solely responsible for the Camp Hill Ambulance bill for Katie and will indemnity and hold HUSBAND harmless for same. To the best ofthe parties' knowledge, the parties affirm no other joint debts or claims exist and all joint credit cards and other obligations are terminated. SECTION III SUPPORT, ALIMONY PENDENTE LITE, ALIMONY WIFE shall receive alimony from HUSBAND. Any divorce entered incident to this matter shall provide for the right of WIFE to receive alimony until her death, cohabitation or remarriage. HUSBAND shall pay to WIFE the sum of Three Hundred Twelve Dollars ($312.00) per month as alimony. However, the parties agree that HUSBAND shall have a credit in pre-payment of alimony in the amount of Eighteen Thousand Seven Hundred Twenty Dollars ($18,72000). Any alimony award for which HUSBAND is obligated to pay shall be reduced by the sum of Three Hundred Twelve Dollars ($312.00) per month until said entire credit amount is extinguished. If 9/13/2005 13 WIFE's eligibility for alimony shall terminate prior to the expiration of the sixty (60) months of credit due to her death, cohabitation, or remarriage, WIFE shall be required to pay to HUSBAND the sum calculated as follows: the number of months remaining in the sixty (60) month term times the sum of Three Hundred Twelve Dollars ($312.00) for each month. WIFE shall have six (6) months from the period of the termination ofthe alimony to repay said sum to HUSBAND. It is further agreed that the sum being paid pursuant to this paragraph shall be includable as taxable income to WIFE and deductible by HUSBAND for federal income tax purposes. However, the parties agree that this sum shall not be deemed as income to WIFE or a deduction for HUSBAND in the future calculation of child support. If WIFE continues to be eligible for alimony after the sixty (60) month period set forth herein, then, on the sixty,first (61") month, HUSBAND shall commence and make the alimony payment directly to WIFE. Said alimony shall be due on the first (1") day ofthe month and continue until terminated by further order of court. WIFE's claim to alimony shall forever terminate on the tenth (lOth) anniversary ofthis Agreement and WIFE waives any claims to any alimony after that date. SECTION IV MODIFICATION OF CHILD SUPPORT ORDER It is hereby agreed that the parties shall modifY the existing child support order to provide that HUSBAND shall pay the sum of One Thousand Dollars ($1,000.00) per month for the support of his children. All other terms of the existing Order shall apply and are affirmed. The 9/13/2005 14 parties agree to submit this Agreement to Domestic Relations for an adjustment of the current support order This modification shall be effective on the date of execution of this Agreement SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS / /) %4- /;{;{;);:r;; THOMAS D. NELSON ~a I dYvcS>$J WITNESS (j 9/13/2005 15 . . COUNTY OF CUMBERLAND ) ) SS. ) COMMONWEALTH OF PENNSYLVANIA Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Thomas D. Nelson, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief Affi=oo ."h"b""'b'" '" before mo tlU, Ir d,y of 'jt42OO5 ~ i. . , HOTARIALSEAL JOHNA.ABOM.~PdlIIC 1 CIIIIIe \lOIQ, CIIl~ MyCbo'011 t' "IEllpnIJlIll~ AL) My commission expires: COMMONWEALTH OF PENNSYL VANIA COUNTY OF C. u-"'Y.l.ccrb f\cl ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Karen L. Nelson, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief / , ~///// // /Affi / . / / \~'1ndaY~2005. / "V'------- NOTARY PUBLIC My commission expires: S AL) ~seAL ~ SUMP\.E.S\llU'IAN NO\OIV PublIC NtWCutMER1.ANO~ c~cHoV15.2007 commllltOll 9/13/2005 16 ,~,~ ~J :i<: )\ :;~~: {:;ljt" ~. ! I ( ;,.<(':, ,',- " ......,............'.-..--...1 ;"lp:i~}{.~ -1,,1 ,. .'~il~:~ t ! li;~ ' , '~: ~~t'.; ,':' <f,;;j ;li.',.\.j'l.o"'.J";"j,,":.\.,-,..J ..... .. , .,,,,,.. -. > ~ . .~"~_..._."",._.......".- ,. t...., "-") -n .-' ,'1 ('."'. j' ~. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire Abom and Kutulakis, LLP 36 South Hanover Street Carlisle, P A 17013 urn -Sullivan 549 B t treet New Cumberland, P A 17070-1931 (717) 774,1445 Supreme Court ill #32317 Attorney for Defendant DATED: October 25,2005 ;' ,; --I \.,) f'.-; C) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-329 KAREN L. NELSON, Defendant CIVIL ACTION ' LAW 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 3301(c) and (d) ofthe Divorce Code. 2. 4, 2004. Date and manner of service of the complaint: Affidavit of Service on February 3. Date of execution of the affidavit of consent required by 3301(c) ofthe Divorce Code: by Plaintiff October 16, 2005; by Defendant October 20, 2005. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated September 19, 2005 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: October 26, 2005. Date Defendant's Waiver of Notice in 3301 'vorce was filed with Prothonotary: October 26, 2005. Dated: October 25, 2005 mpl ,Sui ivan, Esquire 549 ridge Street New Cumberland, P A 17070,1931 (717) 774,1445 Supreme Court ID #32317 Attorney for Defendant >:\ " ("-, -::::-~ (/:' \ ~1 C'_" .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++ Of. :t: '+ :+ :+ Of. Of. :+ :+ '+ :+: Of . . +:+::+.:f.:+: ... :+ :+:+: :+: :+;:+: ... +:+:+:'+' :+: ++++:+:++ :+: ++++++++++++++++++++++++:+++~ . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY THOMAS D. NELSON, PEN NA. STATE OF Plaintiff No. 04-329 VERSUS KAREN L. NEISON, Defendant DECREE IN DIVORCE ~ nV~ ~~rJ 2005 1-] AND NOW, , IT IS ORDERED AND THOMAS D. NEISON DECREED THAT , PLAINTIFF, KAREN L. NELSON AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated September 19, 2005 and incorporated, but not merged, into the Decree. H . . . . . . . . . . . . . . . . . . ++++:+:++++:++++:++:++ ? T~ . J. ~~ p"O'"O"OTA"~ +:+++ :+: :+:+:+ '4"1' Of H' +'t''+':++ :++:+++++++++ +++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~# fzy ~ ~ ~/J, 50.91,// ~,~?Z ~~,/ P{J _)(2. (JIll . . " ,<..