Loading...
HomeMy WebLinkAbout08-2645Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff ) V. ) NO. 2008- a& 45 CIVIL TERM RICHARD C. THOMAS, ) CIVIL ACTION - LAW Defendant ) DIVORCE / CUSTODY 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff ) V. ) NO. 2008- -2 1- yS CIVIL TERM RICHARD C. THOMAS, ) CIVIL ACTION - LAW Defendant ) DIVORCE / CUSTODY COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Kim B. Thomas, by and through her counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Kim B. Thomas, an adult individual who currently resides at 114 West Main Street, Middletown, Dauphin County, Pennsylvania, 17057. 2. Defendant is Richard C. Thomas, an adult individual who currently resides at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on November 17, 1990 in Middletown, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(c) or (d) of the Divorce Code. COUNT II - DIVORCE PURSUANT TO 3301(a)(6) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff is an innocent and injured spouse who was the victim of indignities throughout the parties' marriage, including humiliation and degradation, which caused Plaintiff's life to be intolerable and burdensome. 12. This action is not collusive. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(a)(6) of the Divorce Code. COUNT III - EQUITABLE DISTRIBUTION 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT V - COUNSEL FEES, EXPENSES AND COSTS OF SUIT 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff has retained an attorney to bring this action and has agreed to pay him a reasonable fee. 20. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 21. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 3 WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT VI - REQUEST FOR CUSTODY AWARD UNDER §3104(a)(2) AND §3323(b) OF THE DIVORCE CODE 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. The parties, Plaintiff (hereinafter, "Mother"), and Defendant, (hereinafter, "Father"), are the parents of the following unemancipated children: Name Date of Birth Adam R. Thomas April 21, 1991 Andrew S. Thomas November 9, 1992 Brandon L. Thomas June 4, 1994 24. During the past five years, the children have resided with the parties and at the addresses herein indicated: From To With Whom Addresses Birth 3/1/08 Mother and Father 155 Ken-Lin Dr. Carlisle, PA 3/1/08 Present Father 155 Ken-Lin Dr. Carlisle, PA 25. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 4 26. There are no other proceedings pending involving custody of the child/children in this or in any other state. 27. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding joint legal custody of the children to Mother and Father, and shared physical custody of the children to Mother and Father. Respectfully submitted, Date: /? d L. Donald T. Kissinger, Esquir' HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas 5 VERIFICATION I, Kim B. Thomas, hereby swear and affirm that the facts contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 4/23/08 KIM B. THOMAS 00 ? Q _ _- -?D o D o W 3? lk? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff ) V. ) NO. 2008- a 4 Ys' CIVIL TERM RICHARD C. THOMAS, ) CIVIL ACTION - LAW Defendant ) DIVORCE / CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Kim B. Thomas, by and through her counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Kim B. Thomas ("Mother"), an adult individual who currently resides at 114 West Main Street, Middletown, Dauphin County, Pennsylvania, 17057. 2. Defendant is Richard C. Thomas ("Father"), an adult individual who currently resides at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff seeks custody of the following children: Name Date of Birth Adam R. Thomas April 21, 1991 Andrew S. Thomas November 9, 1992 Brandon L. Thomas June 4, 1994 The children were not born out of wedlock. The children are presently in the custody of Father who currently resides at 155 Ken-Lin Drive, Carlisle, Pennsylvania, 17015. During the past five years, the children have resided with the parties and at the addresses herein indicated: From To With Whom Addresses Birth 3/1/08 Mother and Father 155 Ken-Lin Dr. Carlisle, PA 3/1/08 Present Father 155 Ken-Lin Dr. Carlisle, PA The mother of the children is Kim B. Thomas, who currently resides at 114 West Main Street, Middletown, Pennsylvania, 17057. She is married. The father of the children is Richard T. Thomas, who currently resides at 155 Ken-Lin Drive, Carlisle, Pennsylvania, 17015. He is married. 4. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following persons: N/A (other than the minor children sporadically). 5. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following persons: Names Relationship Adam R. Thomas Son Andrew S. Thomas Son Brandon L. Thomas Son 6. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 7. There are no other proceedings pending involving custody of the child/children in this or in any other state. 8. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 9. The best interests and permanent welfare of the children will be served by granting the relief requested because a shared custodial arrangement will permit both parents to maintain a significant bond with the children. 10. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding joint legal custody of the children to Mother and Father, and shared physical custody of the children to Mother and Father. Date: < a Respectfully submitted, Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas Donald T. Kissinger, Es ire HOWETT, KISSINGE HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 VERIFICATION I, Kim B. Thomas, hereby swear and affirm that the facts contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 4/23/08 KIM B. THOMAS ti.> ro KIM B. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD C. THOMAS DF,FF,N DANT 2008-2645 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 02, 2008 at 9:00 AM for 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 issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Oft . Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information 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 v 'yid ?p n 0.;1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, ) Plaintiff ) NO. 2008-2645 CIVIL TERM V. ) RICHARD C. THOMAS, ) Defendant ) CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Richard C. Thomas, Defendant in the above-captioned divorce action, hereby accept service of the Complaint in Divorce Date: 4-: )-M A • ? T Z 'p V v Q A CL r Ems.,, •?.. z ? _a C N V CO) i:i c ?e c C G J /te) V N Z a W ` ? E b 04 4 N N C L ? <78 m a C ? y C Q t W w H ? to vJ _y 0 lC a- c: w Q C) 4- i v_- C: y C) C ? Z ' V Q U N ? 0 0 (D 0, ul 0, Q ? I 0 vi U CP) v - . o U a 00 ? r- ? w- o v a ? Ct C) ? C a N Q ? t C & - w N 'Zo --4 ? 0 y N p `? a N - z Q 0 f . -OM r? G -•J , y ` ? p ?` Q j t Y7 C3^s KIM B. THOMAS, IN THE COURT OF COMMON PLEAS O_F Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2645 CIVIL ACTION LAW RICHARD C. THOMAS, IN CUSTODY Defendant ORDER OF COURT AND NOW this n day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Leizal Custody: The Father, Richard Thomas, and the Mother, Kim Thomas, shall have shared legal custody of Adam R. Thomas, born 4/21/1991, Andrew S. Thomas, born 11/9/1992 and Brandon L. Thomas, born 6/4/1994. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. Commencing June 6, 2008, Mother shall have physical custody of the Children every other weekend from Friday until Sunday, the times for exchanges by mutual agreement. It is specifically understood that Mother may exercise her physical custodial periods at Father's residence, the cabin, Mother's residence or any other mutually agreed upon location. b. Mother shall have physical custody of the Children every Tuesday and Wednesday from 4:00 pm until after dinner. Mother may also exercise the option of overnight periods on Tuesday and/or Wednesday as agreed upon by the parties. C. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange/alternate the holiday schedule by mutual agreement. i . ... .? .i ?i„f ?????•? ?i?y?/ ; } 3 a ? ?? r° f? ??t?? 1? ti'p'"r' t ? l .. a? ?? .?t 1? '; y, ..c p? r r.. iw?71J.? ;;`?' . t 6. Each parent shall have one week (seven consecutive days) of vacation with the Children per year when the Children are on their school summer vacation. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within whtwenty-four ich the hours of departure of the intended destination and a telephone number a they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 11. An updated conference is hereby scheduled for September 15, 2008 at 10:00 am at the Court of Common Pleas in Carlisle, PA. D' bution: X zabeth Stone, Esquire Box 810 onald Kissinger, Esquire, 130 Walnut Street, PO , 16 J. Mangan, Esquire Harrisburiz. PA 17108 KIM B. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v ; No. 08-2645 CIVIL ACTION LAW RICHARD C. THOMAS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND the COUNTY E CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submit following report: The pertinent informati litigation is as follows: Name Adam R. Thomas Andrew S. Thomas Brandon L. Thomas on pertaining to the Children who are the subject of this Date of Birth Currently in the Custody of 4/21/1991 Father 11/9/1992 Father 6/4/1994 Father 2. A Conciliation Conference was held with regard to this matter on June 2, 2008 with the following individuals in attendance: The Mother, Kim Thomas, with her counsel, Rebecca Dorer, Esq. filling in for Donald Dissinger, Esq. The Father, Richard Thomas, with his counsel, Elizabeth Stone, Esq. 3. The parties agreed to the entry of an Order in the form as attached. s D$? Date 4o* an, Esquire ciliator ._ CAP 3 0 2008 (:j KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2645 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Oc. e cJ AND NOW this 1 SV day of 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced by the instant Order. 2. Legal Custody: The Father, Richard Thomas, and the Mother, Kim Thomas, shall have shared legal custody of Adam R. Thomas, born 4/21/1991, Andrew S. Thomas, born 11/9/1992 and Brandon L. Thomas, born 6/4/1994. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. Commencing 9/19/08, Mother shall have physical custody of the Children (at least the two younger boys and all three boys if possible) every other weekend from after school Friday until Sunday at 6:00 pm at Mother's residence. Mother shall pick the Children up at school or at Father's residence. The parties may make alternate arrangements for transportation as agreed. b. Mother shall have physical custody of Brandon every Tuesday from 4:00 pm until 9:00 pm and every Wednesday from 4:00 pm until 9:00 pm with the two older Children. Mother may also exercise the option of overnight periods on Tuesday and/or Wednesday as agreed upon by the parties. C. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional; Mother has agreed to initiate said counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. i N Lij L LA- 0 CXD « `! .. .. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. Holidays: The parents shall arrange/alternate the holiday schedule by mutual agreement. 6. Each parent shall have one week (seven consecutive days) of vacation with the Children per year when the Children are on their school summer vacation. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. DD. stribution: ?Elizabeth Stone, Esquire ""Donald Kissinger, Esquire, 130 Walnut Street, PO Box 810, Harrisburg, PA 17108 -"John J. Mangan, Esquire Go P I k S MUtICCL /0/a, /613 Rv the Court_ KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2645 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII,, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Adam R. Thomas 4/21/1991 Father Andrew S. Thomas 11/9/1992 Father Brandon L. Thomas 6/4/1994 Father 2. A Conciliation Conference was held with regard to this matter on June 2, 2008, an Order issued July 30, 2008 and a status update conference was held September 15, 2008 with the following individuals in attendance: The Mother, Kim Thomas, with her counsel, Rebecca Dorer, Esq. filling in for Donald Dissinger, Esq. The Father, Richard Thomas, with his counsel, Elizabeth Stone, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ?/72- Date John . M gan, Esquire Cus dy Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND REQUEST FOR SANCTIONS AND NOW, comes Plaintiff, Kim B. Thomas, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Motion to Compel Answers to Discovery and Request for Sanctions and in support thereof avers as follows: Movant is Kim B. Thomas ("Wife"), Plaintiff in the above-captioned divorce action. 2. Respondent is Richard C. Thomas ("Husband"), Defendant in the above- captioned divorce action. 3. On April 24, 2008, Wife initiated the above-captioned action by filing a complaint requesting, inter alia, no-fault divorce, equitable distribution and alimony. 4. On October 7, 2008, Wife issued discovery to Husband in the form of Interrogatories and a Request for Production of Documents in order to ascertain information critical to Husband's income/cash flow from all sources. 2 5. Pursuant to Rules 4006(a)(2) and 4009.12(a), Husband's Answers to Interrogatories and Request for Production of Documents were due within thirty (30) days of receipt, on or before November 8, 2008. 6. To date, no response has been received by Wife, and in fact, in a telephone call on or about November 10, 2008, Husband's counsel advised Wife's counsel that she was unable to reach her client to prepare discovery responses, and therefore, did not have any ability to comply with Wife's discovery requests. 7. Per Rule 4019 of the Pennsylvania Rules of Civil Procedure, the Court may, on motion, compel a party to respond to discovery and implement appropriate sanctions given that party's failure to respond in a timely fashion. In seeking Husband's compliance with her discovery requests, including, but not limited to, the filing of the instant Motion, Wife has incurred counsel fees, and she will incur additional fees in having to litigate the instant Motion. 9. Per Rule 4019(c)(5), where a party fails to respond to discovery, the Court may enter any order regarding the failure to make discovery it deems just. 10. Therefore, this Honorable Court should award Wife counsel fees as a sanction for Husband's failure to provide discovery responses, in addition to mandating his immediate compliance therewith. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order granting her Motion to Compel Answers to Discovery and Request for Sanctions and enter an order directing the following: A. That Defendant, Richard C. Thomas, be compelled to provide full and complete responses to the outstanding discovery no later than ten (10) days hereof, B. That Plaintiff, Kim B. Thomas, be awarded counsel fees in the amount deemed appropriate as and for a sanction against Defendant for his failure to respond to the outstanding discovery; and C. Any other relief the Court deems just and equitable under the circumstances. Respectfully submitted, Date: Z- Z Donald . singer, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Kim B. Thomas, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion to Compel Answers to Discovery and Request for Sanctions was served upon Elizabeth B. Stone, Esquire, counsel for Defendant, Richard C. Thomas, by depositing same in the United States mail, first class, on December, 2008, addressed as follows: Elizabeth B. Stone, Esquire Stone LaFaver & Sheklefski 414 Bridge Street P.O. Box E New Cumberland, PA 17070-1927 Date: z Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas fc ? c..3 3 C'i { r tom) KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2645 CIVIL TERM ORDER OF COUR AND NOW, this 30`h day of December, 2008, upon consideration of Plaintiff's Motion To Compel Answers to Discovery and Request for Sanctions, a Rule is hereby issued upon the Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ? Donald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff Elizabeth B. Stone, Esq. 414 Bridge Street P.O. Box E New Cumberland, PA 17070-1927 Attorney for Defendant :rc Copt EC ,.ut Lc, a?ar a1 BY THE COURT, J'J /:: ??. f, ..:+.; ti,, ?i?'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff NO. 2008-2645 CIVIL TERM V. RICHARD C. THOMAS, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY PLAINTIFF'S PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, comes Plaintiff, Kim B. Thomas, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition for Modification of Existing Custody Order and in support thereof avers as follows: 1. Petitioner is Kim B. Thomas ("Mother"), Plaintiff in the above-captioned custody action. 2. Respondent is Richard Thomas ("Father"), Defendant in the above- captioned custody action. 3. The parties, husband and wife, are the biological parents of Adam R. Thomas, born April 12, 1991, Andrew S. Thomas, born November 9, 1992, and Brandon L. Thomas, born June 4, 1994. 4. The parties separated in March of 2008, with Mother vacating the marital residence and moving temporarily into the parties' rental property, located at 114 West Main Street, Middletown, PA. 5. On April 24, 2008, Mother filed a divorce and custody complaint, and a custody conciliation was held on June 2, 2008 before John J. Mangan, Jr., Esquire. 6. At the conciliation, the parties agreed that Father would have primary physical custody of the parties' children, and Mother would have substantial partial physical custody thereof, due to the fact that Father remained in the marital residence, and Mother had not yet decided on a permanent place of residence. A copy of the Court's July 30, 2008 Order reviewing and adopting the Custody Conciliation Summary Report is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. 7. Mother avers that it is in the best interests of the parties' minor children to modify the existing order in light of, inter alia, the following: (a) Although the existing custody order affords Mother substantial periods of partial custody of the children on alternating weekends, and several evenings each week, there have been innumerable occasions over the past seven (7) months since entry of the custody order, when Father has deliberately frustrated Mother's attempts to exercise her custody rights as per the existing order. At no time since entry of the custody order has Mother been able to enjoy the physical custody of all three (3) boys together without Father's interference. (b) The unstructured and raucous environment currently maintained at Father's home, which includes swearing, yelling, and constant berating and harassment of all the children, has proved especially troubling to the parties' youngest son, Brandon. As a result, Brandon is having difficulty sleeping and his academic performance has suffered. This environment is not conducive to the best interests of any of the children. (c) On many occasions since separation, and entry of the custody order, Father has a course of alienating behaviors, including, but not limited to, his malicious refusal to permit Mother to communicate regularly and consistently via telephone with her children, in violation of the existing custody order, either because he has deliberately failed to answer the phone when he knows Mother will be calling, or by answering the phone but refusing to let her speak to the boys because he is "on the other line." Recently, Father went so far as to actually prohibit calls from his house phone to be made to Mother's Middletown phone number, citing a "change in his long distance plan" as the reason. (d) Father's continuous, deliberate course of interfering with Mother's custody, the less than favorable home environment he maintains, and the alienating behaviors he has exhibited have had a significantly detrimental effect on all of the parties' three minor children, and most especially, on Brandon, who is very emotionally bonded with his Mother. WHEREFORE, Petitioner respectfully requests that the existing custody order be modified to provide her with primary physical custody of the children as it will be in their best interest. Date: ( 7 ?/ Respectfully submitted, Donald T. Kissinger, Ere HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas VERIFICATION I, Kim B. Thomas, hereby swear and affirm that the facts contained in the foregoing Plaintiff's Petition for Modification of Existing Custody Orderare true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 1/7/09 KIM B. THOMAS ?X?,6,+ R 30% PCW KIM B. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2645 CIVIL ACTION LAW RICHARD C. THOMAS, IN CUSTODY Defendant ORDER OF COURT AND NOW this 3lJ day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Richard Thomas, and the Mother, Kim Thomas, shall have shared legal custody of Adam R. Thomas, born 4/21/1991, Andrew S. Thomas, born 11/9/1992 and Brandon L. Thomas, born 6/4/1994. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. Commencing June 6, 2008, Mother shall have physical custody of the Children every other weekend from Friday until Sunday, the times for exchanges by mutual agreement. It is specifically understood that Mother may exercise her physical custodial periods at Father's residence, the cabin, Mother's residence or any other mutually agreed upon location. b. Mother shall have physical custody of the Children every Tuesday and Wednesday from 4:00 pm until after dinner. Mother may also exercise the option of overnight periods on Tuesday and/or Wednesday as agreed upon by the parties. C. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange/alternate the holiday schedule by mutual agreement. 6. Each parent shall have one week (seven consecutive days) of vacation with the Children per year when the Children are on their school summer vacation. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. By the Court 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 11. An updated conference is hereby scheduled for September 15, 2008 at 10:00 am at the Court of Common Pleas in Carlisle, PA. Distribution: Elizabeth Stone, Esquire Donald Kissinger, Esquire, John J. Mangan, Esquire S? J. Ll 130 Walnut Street, PO Box 810, Harrisburg, PA 17108 TRUE COPY In 'i+estimony whereof, and seal of said Cc . ...,,,1l..., dC FROM RECORD I Bare ,unto set jny hand ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff ) V. ) RICHARD C. THOMAS, ) Defendant ) NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Kim B. Thomas, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Petition for Modification of Existing Custody Order was served upon Elizabeth B. Stone, Esquire, counsel for Defendant, Richard C. Thomas, by depositing same in the United States mail, first class, on January 7, 2009, addressed as follows: Elizabeth B. Stone, Esquire Stone LaFaver & Sheklefski 414 Bridge Street P.O. Box E New Cumberland, PA 17070-1927 Date: N Donald T. Kissinger, EsquW HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas C- 9Q. 0 CIA + r. , , . KIM B. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r.? O V. 2008-2645 CIVIL ACTION LAW ?n m RICHARD C. THOMAS IN CUSTODY DEFENDANT .. c 3 0 ORDER OF COURT AND NOW, Monday, Januar y 12, 2009 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February. 20, 2009 at 10:00 AM for 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 issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Man an r. Es q. Custody Conciliator rj 1% The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information 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 _??? ? o j'?ss? ?? ?? - f fI f l' t?l?It1Jk??.1,? ?.ti'J?d D : did t Nvr 6 JUL 202009, KIM B. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2645 CIVIL ACTION LAW RICHARD C. THOMAS, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr. ORDER OF COURT AND NOW this day of July 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced by the instant Order. 2. Legal Custody: The Father, Richard Thomas, and the Mother, Kim Thomas, shall have shared legal custody of Adam R. Thomas, born 4/21/1991, Andrew S. Thomas, born 11/9/1992 and Brandon L. Thomas, born 6/4/1994. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father and Mother shall arrange physical custody of the Children as follows: a. Commencing 02/27/2009, Mother shall have physical custody of the Children every other weekend from after school Friday until Sunday at 6:00 pm at Mother's residence. Mother shall pick the Children up at school or at Father's residence. The parties may make alternate arrangements for transportation as agreed. b. Mother shall have physical custody of Brandon every Tuesday from 4:00 pm until 9:00 pm and every Wednesday from 4:00 pm until 9:00 pm with the two older Children. Mother may also exercise the option of overnight periods on Tuesday and/or Wednesday as agreed upon by the parties. C. Specific to Brandon L. Thomas, born 6/4/1994, Brandon shall remain in his current school district until the end of the current school year. Once school ends in June 2009, Mother shall have primary physical custody of Brandon and Father shall have physical custody of Brandon on alternating weekends from Friday until Sunday at 6:00 pm. Once school starts in the fall of 2009, Brandon shall attend school in Mother's school district (in Middletown) unless the parties agree that this is not in Brandon's best interest. d. Mother and Father shall have physical custody of the Children at such other times as the parties may mutually agree. 14 4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling (with the primary focus to be on the issue of being able to communicate to improve their co-parenting skills for the Children) with a mutually-agreed upon professional; Mother has agreed to initiate said counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: a. Thanksgiving: The parties agree that in all odd-numbered years, Father shall have physical custody of the minor Children for Thanksgiving from 5:00 pm on the last day of school prior to Thanksgiving through Sunday evening at 5:00 pm and that Mother shall have the same physical custody schedule of the Children in all even-numbered years. b. Christmas: The parties agree that the Christmas holiday break shall be divided into two (2) segments, segments A and B. Segment A shall begin at 7:00 pm on the last day of school prior to the holiday break and shall run until noon on December 26th. Segment B shall begin at noon on December 26`h and shall run until 7:00 pm of the evening prior to the day school is scheduled to resume. Mother shall have physical custody of the Children for segment A in odd-numbered years, and shall have such physical custody of the Children for segment B in even-numbered years. Father shall have physical custody of the Children for segment A in even-numbered years, and shall have such physical custody of the Children for segment B in odd-numbered years. c. Easter: The parties agree that in all odd-numbered years, Mother shall have physical custody of the Child for Easter from the Friday preceding the holiday until 7:00 pm on the Monday following the holiday, and that Father shall have the same physical custody of the Child in all even-numbered years. d. Mother's Day/Father's Day: Mother shall have physical custody of the Children each and every Mother's Day from 9:00 am the day of the holiday until 7:00 pm the day of the holiday. Father shall have physical custody of the Children each and every Father's Day from 9:00 am the day of the holiday until 7:00 pm the day of the holiday. e. Minor Holidays: Mother and Father agree that it is ideal that they should alternate the enjoyment of physical custody of the Children on Independence Day and the Memorial Day/Labor Day holiday weekends, as they shall mutually agree on a year-by-year basis, in consideration of the best interests of the Children. 7. Each parent shall have one week (seven consecutive days) of vacation with the Children per year when the Children are on their school summer vacation. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Children a period of time in excess of six hours (or overnight), the custodial party shall first offer said opportunity to the non-custodial parent. It is understood that the custodial parent shall not bring the Child to their place of employment while that parent is working. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: t,FRz'_abeth Stone, Esquire, P.O. Box E, New Cumberland, PA 7070 ,,96nald Kissinger, Esquire, 130 Walnut Street, PO Box 810, Harrisburg, PA 17108 in J. Mangan, Esquire A KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2645 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Adam R. Thomas 4/21/1991 Father Andrew S. Thomas 11/9/1992 Father Brandon L. Thomas 6/4/1994 Father 2. A Conciliation Conference was held with regard to this matter on June 2, 2008, an Order issued July 30, 2008, a status update conference was held September 15, 2008, an Order of Court issued October 1, 2008 and a conciliation conference was held February 20, 2009 with the following individuals in attendance: The Mother, Kim Thomas, with her counsel, Rebecca Dorer, Esq. and Donald Kissinger, Esq. The Father, Richard Thomas, with his counsel, Elizabeth Stone, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. g? squire Custody on liator OF THE R 2009 JUL 22 Fri 1: 54 c t d.r PENNS'i'DANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff NO. 2008-2645 CIVIL TERM V. RICHARD C. THOMAS, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF IN THE NATURE OF EXCLUSIVE POSSESSION OF THE PARTIES' RIVER CABIN AND NOW comes Plaintiff, Kim B. Thomas, by and through her counsel, Howett, Kissinger & Holst, P.C., and who files the instant Petition for Special Relief in the Nature of Exclusive Possession of the Parties' River Cabin, and in support thereof states as follows: 1. Plaintiff, Kim B. Thomas (hereinafter "Wife"), is an adult individual who currently resides at 114 West Main Street, Middletown, Dauphin County, Pennsylvania, 17057 (hereinafter referred to as the "Middletown Property") 2. Defendant, Richard C. Thomas (hereinafter "Husband"), is an adult individual who currently resides at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania, 17015 (hereinafter referred to as the "Marital Residence"). 3. Husband and Wife were married on November 17, 1990 in Middletown, PA, and physically separated in March of 2008, when Wife indicated her desire to divorce and was "dispossessed" from the Marital Residence; she moved into the Middletown Property, a duplex owned by the parties as a rental property. N _ 73 C7 ? CF, <r._ M F G5.;:• i n N ' rn CJ t C' -C 4. Husband and Wife's marriage produced three children, two of whom are minors, Andrew Thomas, age 17, who lives primarily with Husband at the Marital Residence, and Brandon Thomas, age 15, who lives primarily with Wife at the Middletown Property. Adam Thomas, age 18, has attained the age of majority and is in his Senior Year at Cumberland Valley High School. 5. On April 24, 2008, Wife filed a Complaint in Divorce requesting, inter- alia, a divorce from the bonds of matrimony, and custody of the above-named minor children. 6. Following separation, Husband has continued to reside in and occupy the Marital Residence, a 9,500 square feet, four-story residence with 6 bedrooms, 6 bathrooms, 3 car garage, with a fully finished walk-out basement, set on 7.5 acres, which was custom built by Thomas Construction, Inc., Husband's wholly-owned construction business. 7. Since the parties' separation, Wife has resided in the Middletown Property, a 3 bedroom, 1 bathroom, 1,250 square feet duplex with no yard. 8. The parties also own a 2 bedroom, 1 bathroom, 350 square feet structure, (hereinafter "River Cabin"), located on Shelly's Island on the Susquehanna River, which is leased by the parties pursuant to a 99-year agreement with York Haven Power Company. 9. The parties have traditionally utilized the River Cabin each year since its purchase in 2002, on weekends from April to November for family recreational purposes. 2 10. Wife's sister has a similar property on Shelly's Island near the River Cabin, such that the parties' children have "grown up" on Shelly's Island each weekend every summer for eight years with their grandparents, aunts, uncles, cousins, and extended family on Wife's side. 11. The River Cabin is only accessible by boat, and the parties own a pontoon boat, docked on the river, for access to the River Cabin. 12. In the two (2) years since the parties have been separated, Husband has only "permitted" Wife access to the jointly-titled River Cabin on 3 occasions, during all of which Husband appeared at the property to disrupt Wife's use and enjoyment of the premises. 13. Despite repeated requests to work out an arrangement whereby use of the River Cabin could be shared, at least over the course of the parties' separation, and perhaps after divorce, Husband has steadfastly refused to permit Wife additional access to the River Cabin. 14. Based on Husband's unwillingness to allow Wife to use and enjoy the River Cabin over the past two (2) years, despite repeated requests by Wife to Husband, both directly and through counsel, Wife now seeks the right to exclusive use and possession of the River Cabin, together with the pontoon boat by which to gain access thereto, for the 2010 season (April through November). 15. Wife has been solely responsible for paying the costs and expenses for the River Cabin. 16. Pa.R.C.P. 1920.43(a) provides, inter alia, as follows: (a) At anytime after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, 3. grant other appropriate relief 17. Per Section 3323(f) of the Divorce Code, a divorce court retains full equity power to grant relief that effectuates the purpose of the Divorce Code. 18. Based on the foregoing, Wife believes that it is appropriate for the Court to grant special relief as requested below. WHEREFORE, Wife requests that this Honorable Court grant Wife the right to exclusive use and possession of the River Cabin for the 2010 season. Respectfully submitted, Date: Donald T. Kissinger, Esquir HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas 4 VERIFICATION I, Kim B. Thomas, hereby swear and affirm that the facts contained in the foregoing Petition for Special Relief in the Nature of Exclusive Possession are true and of the Parties' River Cabin correct to the best of my knowledge, information and belief and are made subject to the penalties of IS Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3/3/10 B. T MAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff ) V. ) RICHARD C. THOMAS, ) Defendant ) NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Kim B. Thomas, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Special Relief in the Nature of Exclusive Possession of the Parties' River Cabin was served upon Elizabeth B. Stone, Esquire, counsel for Defendant, Richard C. Thomas, by depositing same in the United States mail, first class, on March 3, 2010, addressed as follows: Elizabeth B. Stone, Esquire Stone LaFaver & Sheklefski 414 Bridge Street P.O. Box E New Cumberland, PA 17070-1927 Date: Ila Z3 Donald T. Kissinger, Esq re HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kim B. Thomas F:000SIFLIDN1Thomas.Richard-answer to rule to show cause 3-25-10.wpd ELIZABETH B. STONE, ESQUIRE ATTORNEY ID NO.60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEY'S FOR DEFENDANT { F TriE P30THONOTARY 2010 MBAR 26 PM 3* 36 C UMBE? _,A NO "OUNTY PEMS)1VANA KIM B. THOMAS, Plaintiff VS. RICHARD C. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE NATURE OF EXCLUSIVE POSSESSION OF THE PARTIES' RIVER CABIN AND NOW comes, Richard C. Thomas, Defendant in the above-styled matter (herein "Husband"), by and through his attorneys, Stone LaFaver & Shekletski, and files his Answers to Plaintiff's Petition for Special Relief in the Nature of Exclusive Possession of the Parties' River Cabin by responding as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is Admitted that the Plaintiff vacated the marital home and moved into one of the parties' rental units. This rental unit is located near Plaintiff's relatives and provided an incredible cost savings for the Plaintiff. It is denied that the Plaintiff was, in any way, "dispossessed" from the Marital Residence. Proof thereof is demanded at time of trial. 4. Admitted. By way of further Answer, the parties' eldest son, while still in his senior year in high school, is still in his father's custody and living in the Marital Residence with his younger brother and father. 5. Admitted. 6. Denied. The marital home is not as large as Plaintiff states. Proof thereof is demanded at time of trial. 7. Admitted. By way of further answer, it is admitted that 114 Main Street does not have a back yard; however, 112 Main Street, which is where Wife lived prior to the marriage, does have a back yard and Wife chooses to live in the house without the yard. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted and Denied. It is Admitted that Wife has had use and enjoyment of the Parties' river cabin throughout her periods of custody with the children. It is Denied that Husband interfered with Wife's time in this cabin. 13. Denied. It is specifically denied that there were no attempts to work out an arrangement. Prior counsel to the Wife and undersigned counsel to the Husband spent numerous hours on the phone attempting to work out scheduling issues for the parties' continued joint use and enjoyment of said property. Proof thereof is demanded at time of trial. 14. Neither Admitted nor Denied. By way of further Answer, it is ridiculous for Wife to assume that because the parties are in the midst of divorce discussions and have failed to reach an agreement, that the Court should intervene at this point in time. This is a premature motion. It is not ripe for the Court at this time as neither Party has filed for the Appointment of the Divorce Master. In addition to this property, Husband and Wife are jointly and severally liable on a Note with Susquehanna Bank. Wife has refused to cooperate by signing over certain marital assets and has refused to respond to any prepared agreements and/or phone calls to settle this matter through a prepared and proposed Forbearance Agreement. This forbearance agreement would release Wife of any joint debt and remove her from all liability regarding both personal and Husband's business debt. This River Cabin is the ONLY Joint Marital Property not party to a Foreclosure Proceeding. All other properties are currently in arrears and the parties risk losing all of their assets. Wife's lack of due diligence has exacerbated the problem. Wife has allowed her own Middletown residence (a duplex) to go into foreclosure, where just a few months ago, the mortgage was current. Wife agreed to pay and Husband understood that the Wife was permitted to live in the duplex and would assume all liabilities, mortgage, debts, and utilities associated with this duplex since she moved in. Wife failed to pay any mortgage payments for the last year on this property, thus allowing it to go into foreclosure. The duplex is listed for Sheriff's sale scheduled for April 4, 2010. Wife has failed to use and apply the rent of the one half of the property to pay the mortgage on both properties. It would be unjust enrichment for the Wife to be awarded exclusive possession of the River Cabin and for Husband to lose all. 15. Denied. By way of further answer, Husband has always paid for the Lot lease rent for the cabin, the rent on the dock located in Goldsboro, and all other utilities associated with the property. Wife only paid the real estate taxes for the last year before Husband had a opportunity to pay them. Proof thereof is demanded at time of trial. 16. Admitted in part and Denied in part. It is Admitted that Plaintiff has cited the appropriate catchall phrase. It is Denied that this is an appropriate Petition before this Court. Wife is attempting to use the Court prematurely to settle an Equitable Distribution matter. 17. Admitted. WHEREFORE, Husband requests that this Honorable Court deny Wife's Petition for Exclusive Use and Possession of the River Cabin for the 2010 season and grant Husband any and all other relief as this Court deems just and proper. Respectfully submitted, y? DATE: b Nt c F? L 6 L.u i s aLt bet t ne, Esquire YSTO X1fLAF#ER & SHEKLETSKI 414 Bridge Sfreet New Cumberland, PA 17070 (717) 7,74-7435 FOR DEFENDANT Donald Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street Harrisburg, PA 17108 ?1LEl)-?: FADOCSTUDIV\Thomas.Richard- Cert of Service (answer to rule to show cause 3-25-10).wpd (1F i,1T pQ, )1 P.('r1'n t 1ARY ELIZABETH B. STONE, ESQUIRE 2040 KAR 26 PM "" 37 ATTORNEY ID NO.60251 414 BRIDGE STREET CUMfi :•7iL,,vV:v 0UNTy NEW CUMBERLAND, PA 17070 PENIN'SYLVANIA 717-774-7435 ATTORNEY'S FOR DEFENDANT KIM B. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. RICHARD C. THOMAS, Defendant NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Elizabeth B. Stone, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant, Richard C. Thomas, do certify that on this date I served the Defendant's Answer to Plaintiff's Petition for Special Relief in the Nature of Exclusive Possession of the Parties' River Cabin by first class mail via the United States Postal Service to the below address: Donald Kissinger, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street Harrisburg, PA 17108 DATE: a(,,???? ti - r KIM B. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD C. THOMAS, : Defendant NO. 08-2645 CIVIL TERM PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE NATURE OF EXCLUSIVE POSSESSION OF THE PARTIES' RIVER CABIN ORDER OF COURT AND NOW, this 12'' day of May, 2010, upon consideration of the attached letter from Donald T. Kissinger, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for May 13, 2010, is continued generally. Counsel are requested to furnish a stipulated order for the court's signature or to motion the court at such time as they request a rescheduled hearing. ? Donald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff ,-"'E"lizabeth B. Stone, Esq. 414 Bridge Street P.O. Box E New Cumberland, PA 17070-1927 Attorney for Defendant 0-o- I & r" IW Lf CL 51/316 --rrn BY THE COURT, Wesley r, Lin, am c - C= rn.?3 <= C-' 1b r.. p 05-12-'10 14;52 FROM-Howett 7172345402 T-200 P002/002 F-845 LAW OFFICES OF ROWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PENNSYLVANIA 17108 JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST LESLEY J. BEAM (717) 234-2616 FAX (717) 234-5402 DEBRA M.SHIMP Legal Assistant May 12, 2010 VIA FAX 240-6462 & MAIL The Honorable J. Wesley Oler, Jr- CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013-3387 Re: Thomas v- Thomas No. 2008-2645 Civil Term Dear Judge Oler: Attorney Elizabeth Stone and I are pleased to report that the parties have reached an agreement to resolve all issues scheduled to be heard by you commencing at 9:00 a.m. tomorrow. We therefore request that the matter be continued generally pending submission of a stipulated order for your signature. Sincerely, 1 Donald T. Kissinger DTK/glg cc: Elizabeth B. Stone, Esquire (via fax & mail) Kim B. Thomas 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM B. THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant NO. 2008-2645 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT RE: RIVER CABIN POSSESSION AND NOW, this day of 2010, pursuant to the agreement of both counsel, it is hereby ORDERED and DECREED as follows: 1. Defendant and Plaintiff shall equally share use, occupancy and possession of the River Cabin each season (generally between April and November) during the pendency of the divorce action absent further agreement of the parties or order of court. For the 2010 season, possession shall be shared in accordance with the following "designated weekends": Plaintiff Defendant n , May 15 -16; 29-31 (Memorial Day). May 8-9 (Mother's Day); 22-23. C_ n ?v "11 June 12-13; 26-27. June 5-6; 19-20 (Father's Day). July 3-5 (July 4'); 17-18; and 31-August 1. July 10-11; 24-25. August 14-15; 28-29. August 7-8; 21-22. September 11-12; 25-26. September 4-6 (Labor Day); 18-1 9 October 9-10; 23-24. October 2-3; 16-17. 2. Upon conclusion of the' above schedule, and for all subsequent seasons during the pendency of this action, use, possession and occupancy of the River Cabin shall continue to be shared equally with the parties alternating their "designated weekends." Absent the parties agreeing to a schedule at the start of a season, whichever party possesses the River Cabin at the conclusion of a season, the other party shall be entitled to the first weekend the following season with possession alternated thereafter. 3. The party who has use and possession the River Cabin for his or her "designated weekend" shall be entitled to its use and possession for seven continuous days from the Monday preceding the weekend at 9:00 a.m. through the following Monday at 9:00 a.m. Upon written agreement of the parties, or upon confirmation through counsel, a party who is not otherwise entitled to use and possess the River Cabin during a "designated weekend" may nonetheless enjoy time during that seven continuous day time period if the other party does not intend to use all or a portion of the time afforded to them. 4. During a party's exclusive use and possession of the River Cabin, he or she shall likewise be afforded exclusive use and possession of the jointly titled pontoon boat required to access the River Cabin. 5. The party who is not afforded exclusive use and possession of the River Cabin during a designated time shall not access the River Cabin absent advance written agreement of the parties or confirmation through counsel. 6. During each parties' period of exclusive use and possession of the River Cabin, he or she shall keep the River Cabin maintained and shall clean the River Cabin at the conclusion of his or her exclusive possession, which cleaning shall include, but not be limited to, making the beds; washing all dishes; burning any and all garbage; and taking recycle items with them when they vacate the River Cabin. 7. Defendant shall provide a working lawnmower to remain on the River Cabin throughout the season to allow the grass to be maintained by the parties. Each party shall cut the grass during his or her period of exclusive use and possession as may be required in order to keep the grass maintained. 8. At the conclusion of each party's exclusive use and possession of River Cabin, he or she shall refuel the pontoon boat, jet skis and golf cart so that said vehicles are fully refueled and ready for the next party. 9. At the conclusion of each period of exclusive use and possession, each party shall leave all equipment on the pontoon boat (i.e., gas cans, gas lines, life preservers, throws, signaling devices, anchor, ropes and boat ownership paperwork). 10. To the extent either party leaves food or beverages on the River Cabin after their period of exclusive use and possession, the other party shall respect and not consume the food and beverages brought by the other party. Each party shall be solely responsible for the cost of providing food and beverages during his or her period of exclusive possession. 11. Neither party shall change the locks on the River Cabin or equipment thereon unless a key is provided to the other party before the start of his or her period of exclusive use and possession. Defendant and Plaintiff agree keys to the jet skis and golf cart shall be left in the River Cabin or the shed. 12. During each party's use and possession of the River Cabin, the other party agrees not to approach the River Cabin by boat or other means. Each party agrees to maintain a distance of 250 yards from the River Cabin when the other party has exclusive use and possession thereof. 13. The parties acknowledge the River Cabin is serviced by a well located on the property, which well also supports two neighboring cabins. Each party agrees all instructions and equipment necessary to open up the well at the start of the season and close it at the conclusion of a season, as well as to maintain the well during the season, will be provided to the other party. 14. The parties shall equally share the cabin lease, dock slip lease, cabin taxes and electric bill on an annual basis commencing for 2010 and until further agreement or Order of Court. Expenses already paid by either party for 2010 shall be considered in the allocation for this year. BY THE COURT: esley Oler, JrT1". Distribution: Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17108, Telephone: X7.17) 234-2616 /Elizabeth B. Stone, Esquire, 414 Bridge Street, P.O. Box E, New Cumberland, PA 17070-1927, Telephone: (717) 774-7435 C es m.?ItLSL teas ? cv JAN Q 6 2011 KIM B. THOMAS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. -rj RICHARD C. THOMAS NO. 2645 _03W 08,_ --1 rn J:?' -n Defendant 1 t.» cD MOTION FOR APPOINTMENT OF MASTER ° KIM B. THOMAS Plaintiff , moves the court to appoint a mast resct the following claims: W rya nX Divorce ?X Distribution of Property rv 4 ? Annulment ? Support c_?I ?X Alimony ?X Counsel Fees © Alimony Pendente Lite RX Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ ELIZABETH STONE , Esquire). 3. The staturory ground (s) for divorce is Irretrievable break down. Delete the inapplicable paragraph (s): A ? B pX C ? a. The action is not contested. b. An agreement has been reached with resnect to the followine claims: c. The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees, Costs & Expenses 5. The action does not involve complex issues of law or fact. -0 3: 6. The hearing is expected to take 2 days ? =::Q = r=a 7. Additional information, if anv, relevant to the motion: to 1 C > Q? m.?.7- A,,. r! e' Tri Date: Attorn y r Plaintiff Jennifer L. Spears, Esquire x Print Name ORDER APPOINTING MASTER AND NOW , 20_L, G o .(? Esquire, is appointed master ith respect o the following claims: ?Q.l ,gl_ 7/?PJ E! izabeih Aare,. ?3*anni fer L. Spears, East CDP'eS I?'u 1 n By the Court, J. ELIZABETH B. STONE, ESQ. c ' ATTORNEY ID NO. 60251 3507 Market Street, Suite 303 Camp Hill, PA 17011 ` Telephone: (717) 909-1500 Facsimile: (717) 731-8115 ATTORNEY FOR Defendant KIM THOMAS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTON - LAW § o $-2014 S RICHARD C. THOMAS, § NO. 4N56 9A9 CIVIL TERM Defendant § § PACSES Case Number: 998110973 PETITION OF COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Elizabeth B. Stone, Esquire, respectfully represents the following: 1. Your petitioner was retained by Defendant on or about May 23, 2008. 2. Richard C. Thomas, an adult individual, has a current mailing address of 155 Ken Lin Drive, Carlisle, PA 17015. 3. Your petitioner has not heard from her client nor has she been able to locate her client in over 6 months. 4. Petitioner has made numerous attempts to contact Defendant via phone, mail, email, text, etc. but has been unsuccessful. 5. Undersigned counsel has actually appeared on behalf of Defendant for a Divorce Master's Pre-trial Conference in which the Defendant did not appear. 6. Your Petitioner does not believe she can adequately represent her client or his legal interests when she has had no contact with him in nearly a year's time. 7. Counsel for the Plaintiff, has been notified and has not expressed consent or her objection to petitioner's withdrawal from this case at this time. WHEREFORE, petitioner requests that this Court grant petitioner leave to withdraw her appearance as Counsel for Defendant in this action. Respectfully submitted, Elizabeth B e, Esquire Supre o I.D. No. 60215 Dated: ("--) I ? i ? it VERIFICATION I verify that the statements made in the foregoing Petition of Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section 4904 rel (:::)(I'-d q ELIZABETH B. STONE, ESQ. ATTORNEY ID NO. 60251 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 ATTORNEY FOR Defendant KIM THOMAS, Plaintiff V. RICHARD C. THOMAS, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTON - LAW § NO. 00553 S 2009 CIVIL TERM § PACSES Case Number: 998110973 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I have caused a copy of the Petition of Counsel for Leave to Withdraw Appearance, filed in the above-captioned matter to be served upon Plaintiff's counsel, by regular first-class mail, addressed as follows: Jennifer L. Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (OVA 1 Date ): Stone, Esquire Court I.D. No.: 60215 I OFFICE T E FROTHONOTAR 2511.1x04 22 Pl1 2" " CUMBERLAND COUNTY PENNSYLVANIA KIM THOMAS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTON - LAW § o$-auLlS RICHARD C. THOMAS, § NO. 00553 6 CIVIL TERM Defendant § § PACSES Case Number: 998110973 RULE AND NOW, this Za I day of 2011, upon consideration of the foregoing Petition for L ve to Withdraw Appearance, the Court grants a rule to show cause 1A e 1 (2 t '> 1 t ? ?? ? ? ??7? ZJ7 f why the appearance of Elizabeth B. Stone, Esquire, on behalf of the Defendant, Richard C. Thomas, should not be allowed to be withdrawn. L"" r 1 ?i t? u ,?,, T z 1 Rule returnable oft ?m at 1 S ?z,? `K-? 42 " Ivan* a. AD pror.08dings to stay .. i?K w? i J???? 1y Eop? 00pies 4011 0 P? J. L r := i Tarr ri,.. PROTcl^ya Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAMTWUr PH 3: 5 a MARTSON LAW OFFICES I.D. 87445 '`UMBERLAN 10 East High Street r ENNSYLVA; ,JI Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KIM B. THOMAS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RICHARD C. THOMAS, Defendant NO. 2008-2645 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 24, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: -"Kim A. Thomas, P aintiff FILES 0FFI Jennifer L. Spears, Esquire 0 HilN r ;?`? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES ! AUG I I PM 3: 55 7 I.D. 87445 CUMBERLAND 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KIM B. THOMAS, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2645 CIVIL ACTION - LAW RICHARD C. THOMAS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Kim V Thomas, Plaintiff F:\FILES\C1ients\14072 Thomas\14072.I.aoc won ILED-tIF F iL 1-1E P R 0 T H M 0 Jennifer L. Spears, Esquire 2011 AUG 1 I P14 3: 157 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES CUMBERLAND I.D. 87445 PENNSYLVANJ?% 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KIM B. THOMAS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RICHARD C. THOMAS, Defendant NO. 2008-2645 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 24, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: /'/Z _ Jennifer L. Spears, Esquire j'qE PRR ark 3 , MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL I A r Uri MARTSON LAW OFFICES Pij ` . I.D. 87445 U " EN S 10 East High Street N i t U S Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KIM B. THOMAS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2645 CIVIL ACTION - LAW RICHARD C. THOMAS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c,) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: KIM B. THOMAS, Plaintiff VS. RICHARD C. THOMAS, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 2645 CIVIL Defendant IN DIVORCE rs r., c-1 C C::, rnw =:-n ORDER OF COURT ?= ? ?r 3 C3-rj / =C> AND NOW, this '7V day of zn 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 11, 2011, 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, / Kev' A. Hess, P.J. cc: ? Jennifer L. Spears oojiss./'15) ' Attorney for Plaintiff Elizabeth B. Stone U Attorney for Defendant / E-Robert Elite X EM-- Ih bile Y FAMLES\Clients\14072 Thomas\14072.1.msa.wp4 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KIM B. THOMAS, Plaintiff ~ Gt V. RICHARD C. THOMAS, Defendant .r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2645 CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT I MARITAL SETTLEMENT AGREEMENT made this l da _ y THIS of , 2011, by and between Richard C. Thomas, of Carlisle, Cumberland County, P sylvania (hereinafter referred to as "Husband") and Kim B. Thomas, of Middletown, Dauphin County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on November 17,1990, in Middletown, Pennsylvania; WHEREAS, three children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either parry against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable 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: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except asmay be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on April 24, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all 2 purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for 3 all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower'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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Jennifer L. Spears, Esquire, of Martson Law Offices, counsel for Wife. At the commencement of and at all stages during the negotiation of this Agreement, Husband has been informed that Jennifer L. Spears, Esquire has acted solely as counsel for Wife and has not advised nor represented Husband in any manner whatsoever. Husband, at the commencement of and at all stages during the 4 negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. Husband has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. Wife has been counseled by her attorney, and the parties together have come up with the following agreement. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Except as otherwise provided herein, Husband will retain anything 5 in the Carlisle property at 155 Ken-Lin Drive, and Wife will retain anything in the Middletown and Shelly Island properties. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties own a home at 155 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter "the Carlisle property"). The property is or may be encumbered by several liabilities. Simultaneously with the execution of this Agreement, Wife will sign a deed, to be prepared at Husband's expense, conveying any interest, right, or title to the Carlisle property to Husband. Husband shall be solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Husband shall indemnify and hold Wife harmless on any liens (including tax liens), mortgages or other liabilities relating to the Carlisle property. It is believed that the Carlisle property is in foreclosure. Husband shall be solely liable and responsible for any judgments, costs, penalties, and fees associated with foreclosure on the Carlisle property and shall indemnify Wife and hold Wife harmless from same. The parties own a duplex located at 112-114 Main Street, Middletown, Dauphin County, Pennsylvania (hereinafter "the Middletown property"). The Middletown property is encumbered by a line of credit with Orrstown Bank. As soon as she is able to, Wife will refinance the line of credit and remove Husband from responsibility of same. Simultaneously with the execution of this Agreement, Husband will sign a deed conveying any interest, right, or title to the Middletown property to Wife. Wife shall be solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Wife shall indemnify and hold Husband harmless on any liens, mortgages or other liabilities relating to the Middletown property. The parties hold title to a cabin on the Susquehanna River located on Shelly Island at Lot # 78. Simultaneously with the execution of this Agreement, Husband will execute a license cancellation agreement with York Haven Power Company to allow a new license to be issued to Wife only. Husband waives his rights in the security deposit held for the property. Wife will be 6 solely responsible for any fees, taxes and utilities relating to the Shelly Island property. Husband will retain the 6 acre lot in Berrysburg, Pennsylvania, to which Wife will waive any and all rights she may have. 13. BUSINESSES: Husband owns Thomas Construction and is a limited partner in F.A.S.T. Partners LLC. Husband agrees to indemnify Wife and hold her harmless on any liabilities and obligations involving the businesses. In return, Wife waives any right, title or interest she has in the businesses, their property and equipment. 14. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 15. MOTOR VEHICLES: Except as otherwise provided herein, Husband and Wife agree that each will retain the vehicles in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Specifically, Wife will retain the 2002 Chrysler Town & Country van, the pontoon boat, the dock, and the jet ski trailer. Husband will retain the 1995 Bass Tracker Pro boat and trailer, the 2002 Ford F250, 1991 Ford F350, 1979 Chevrolet dump truck, 1990 Ford tractor, 1980 track loader and the backhoes, or the proceeds from the sales of any of these vehicles or construction equipment. Husband also has possession of two jet skis which will be "junked" at his expense. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 7 17. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2011. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Wife became employed at the time of separation in 2008 and has filed separate tax returns for herself since separation. Any tax liability, interest or penalty which is due for Husband or his companies shall be solely Husband's responsibility, and he will indemnify and hold harmless Wife on any tax liabilities, penalties and interest due for himself or his companies. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or 8 hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 20. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Wife has no retirement assets at the time of separation and is unaware of any retirement assets of Husband as he has not disclosed any. If either party discovers the existence of a retirement asset or other investment account at the time of separation, the separation value (including any market appreciation) of that asset shall be split equally between the parties. Any retirement acquired by the parties post- separation shall be separate property. 21. MARITAL DEBT: Husband incurred substantial debt on the marital assets on behalf of his construction business. Some of that debt encumbers the Carlisle property. There are (or were at the time of separation) several loans through Orrstown Bank for construction vehicles. Husband also has or had numerous credit cards. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 22. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. 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. 9 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 10 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. EAL) KinfB. Thomas - - EAL) chard C. Thomas 11 COMMONWEALTH OF PENNSYLVANIA ., : SS COUNTY OF On this, ?l-- day of , 2011 before me a Notary Public, personally appeared Richard C. Thomas, QwnmQe to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i cA 4W. -W K-01 of PENNVLVMIU c r Sad 4?P d AM Nafi, *My PUW Mvgr M MM v"sra COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, the ? day of Z 2011 before me, a Notary Public, personally appeared Kim B. Thomas, known to a to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary lic COh+MONWEUM OF PMNMVANrn NOWN sea C°"vnk" lime 29 mis ?anv?u ?seoa?•? Nar?s 12 F:MLES\Chents\14072 Thomas\14072.1.pra2 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 20013 UG 30 P111 3: 33 I.D. 87445 'M$ERLAN(} COUNTY 10 East High Street f- .J NNSY Carlisle, PA 17013I_VANIA (717) 243-3341 Attorneys for Plaintiff KIM B. THOMAS, V. RICHARD C. THOMAS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 2. May 19, 2008. 3. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Date and manner of service of the complaint: via Acceptance of Service on Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; August 11, 2011 ; by the Defendant; August 11, 2011. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 11, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 11, 2011. MARTSON L,AW OFFICES By Jennif r L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2645 CIVIL ACTION - LAW Date: August 29, 2011 KIM B. THOMAS V. RICHARD C. THOMAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2645 DIVORCE DECREE 41 e Z o , it is ordered and decreed that AND NOW, , KIM B. THOMAS plaintiff, and RICHARD C. THOMAS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") A Marital Settlement Agreement dated August 11, 2011, is incorporated but not merged into this Decree. By the Court, 99/l C?ifolqn Mevi??d ?v ?jf)e? ? ?o?/y M8 ?ra?j