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HomeMy WebLinkAbout08-3442 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff v. DEE A. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.08 - CIVIL TERM : IN DIVORCE NOTICE 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 in divorce or annulment maybe 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, 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, Pennsylvania 17013 717-249-3166 I'/ STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff V. DEE A. THOMPSON, Defendant IN THE COURT OF COMMON rLPAb Ur CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Michael S. Thompson, an adult individual residing at 24 Montgomery Avenue, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant is Dee A. Thompson, an adult individual residing at 241 E. King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on November 2, 1997, in Shippensburg, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. AN2?-, 2008 Michael S. T pson, Plaintiff WOLF & WOLF t J y n y 5 , 2008 BY: STACY B. LF, ESQUIRE Supreme Co4?irt ID #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff N W v OD 4 &?,. A G` fV °1 co 4. x k ILn 3 N O CD q 41 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff V. DEE A. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotar?s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. , 2008 Michael S. T ompson, Plaintiff 1 r ?? ? .? ?? ? ^^? ? Michael S. Thompson, Plaintiff V. Dee A. Thompson, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE NO. 2008-3442 CIVIL TERM REQUEST FOR COUNSELING PURSUANT TO SECTION 3302 OF THE DIVORCE CODE Defendant, Dee A. Thompson, through her attorneys, the Family Law Clinic, respectfully prays for an Order requiring counseling pursuant to Section 3302 of the Divorce Code and Pa.R.Civ.P. 1920.45, and in support thereof avers: 1. Dee Thompson is the defendant in a divorce action brought on the grounds of irretrievable breakdown under 3301(c). 2. Despite the averments contained in the Complaint, Defendant believes and thus avers that the marital differences are not irreparable. 3. Defendant also avers that there is reasonable prospect of reconciliation. 4. In his Complaint, Plaintiff has understood that counseling is available and Plaintiff may have the right to request that the Court require the parties to participate in counseling. 5. Plaintiff has not requested counseling. 6. Defendant is indigent and is currently not working 7. Plaintiff is employed and is fully capable of bearing the costs of these counseling sessions. 8. Pursuant to Cumberland County Rule of Procedure 208.2(d), concurrence of counsel, Stacey Wolf Esquire, was sought. As of the date of filing no response from opposing counsel has been received. 9. There has been no prior judge assigned to this matter. WHEREFORE, Defendant requests that the parties be required to participate in a maximum of three counseling sessions with a qualified professional as provided by section 3302 of the Divorce Code, and that Plaintiff bear the costs of these counseling sessions. Date /-I 0 Angel radley CJ Certified Legal Intern 9.1 %. X - gg ?Qm 14 61? Megan esmeyer Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 VERIFICATION I verify that the statements made in the foregoing Request for Marriage Counseling are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 7/.:P Lim'? Defendant: L,.2__ -C , `7 O?!!(gOtt Dee A. Thompson N Q - " ? I 'CI ? 4"' ? t? 1 ( ?r1 ""C7 ? ?. f„ ;4 .T> _ . ..:? ?y . .T?( "' ? .? ? Michael S. Thompson, Plaintiff V. Dee A. Thompson, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08 - 3442 CIVIL TERM PRAECIPE TO ENTER APPEARANCE Please enter the appearance of the Family Law Clinic on behalf of Defendant, Dee A. Thompson, in the above captioned matter. Date: July 7, 2008 L? Angel Bradley Certified Legal Intern Megan'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 s Michael S. Thompson, Plaintiff V. Dee A. Thompson, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 08- 3442 CIVIL TERM ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE AND NOW, comes Defendant, Dee Thompson, by her attorneys, the Family Law Clinic, and respectfully responds to Plaintiff s Complaint in Divorce as follows: 1. Admit. 2. Admit. 3. Admit. 4. Admit. 5. Deny. By way of further answer, Defendant does not believe that the marriage between the parties is irretrievably broken. Defendant has requested marriage counseling pursuant to Section 3302 of the Divorce Code and Pa.R.Civ.P. 1920.45. 6. Admit. NEW MATTER COUNT II ALIMONY 7. Defendant repeats and realleges paragraphs one through six as if fully set forth herein. 8. Defendant requires support to adequately maintain herself according to a reasonable standard of living. 9. Due to high costs of travel and child care, Defendant is financially unable to work at this time. to. Plaintiff does work and is financially able to provide for his reasonable needs and the reasonable needs of the Defendant. WHEREFORE, Defendant requests the Court to enter an award of reasonable alimony, and such other relief as the Court deems just. COUNT III EQUITABLE DISTRIBUTION 11. Defendant repeats and realleges paragraphs one through ten as if fully set forth herein. 12. Plaintiff and Defendant have acquired property during their marriage, including, but not limited to: a. Property located in a storage facility at Middle Springs Storage, 1010 Newburg Road, Shippensburg, Pennsylvania. b. Two vehicles; 1995 Plymouth Neon and 1995 Chevrolet Geo Tracker. C. A pension and/or retirement benefits from Cumberland County Prison. d. Retirement benefits from an IRA. WHEREFORE, Defendant requests the Court to enter an award for equitable distribution of property, and such other relief as the Court deems just. Respectfully Submitted, DATE 1 U Angel radley Certified Legal Intern AV L MEG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date g ,2 4 b g Defendant U-C Dee Thompson r? b.; ' -? ?-- ? ?, ?. "s C? ? K ? ?' ; - ?-? -„ ? L ? ..- -? Michael S. Thompson, Plaintiff V. Dee A. Thompson Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08 - 3442 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Dee A. Thompson, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date -7 7 LO Respectfully submitted, ge radley Certified Legal Intern MEGAN IESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 o °.?* c..? ?? -a?, ?= r ? ! -, s ..a .??? ?= '"° ,? ??, ? ' ' STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 8V32 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff v. DEE A. THOMPSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 --3 -yja CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Dee A. Tho rson, certify that I am the defendant in this matter. Furthermore, I hereby certify that on _ , , 2008, I received a certified copy of the divorce complaint filed in this action. 2008 rvt c?l-? d L=ez:?: A.- .Dee A. Thompson Defendant RECuv ED -im . 2 8 2l,, S i ?i 4 ?L. MICHAEL S. THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEE A. THOMPSON, : NO. 08 - 3442 CIVIL TERM ? "VI Defendant : IN DIVORCE - -4 im ; M - - Z vor- N o rtl NOTICE O F INTENTION TO REQUEST ENTRY ? ? OF DIVORCE DECREE = n xo , c-, TO : Dee A. Thompson - Defendant c/o Family Law Clinic Michael S. Thompson, Plaintiff, intends to file with the court the attached Praecipe to Transmit Record on or after July 11, 2011 requesting that a final decree in divorce be entered. r STACY B. OLF, ESQUIRE Attorney fo Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 201130% 21 k" it • 11 'Cuc4BERLA"t) coUt"**' P01NSYLvAN1A MICHAEL S. THOMPSON, Plaintiff V. DEE A. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 3442 CIVIL TERM IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on or about January 20, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 2011 .?? Michael S. T mpson STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff v. DEE A. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 3442 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that on June 21, 2011, I caused to be mailed a copy of the foregoing Affidavit Under Section 3301(d) upon the following person, by United States Mail, addressed as follows: Megan Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 By: Date: June, 2011 Stacy B. Wo f Esquire 10 West Hi Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff Respectfully submitted, WOLF & WOLF "I STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff V. DEE A. THOMPSON, Defendant FILED-OFFICE 'DI THE PRUTHOO Tar 2011 JUL 14 AM 11: 12 CUMBERLAND COUNT `f PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 3442 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: On or about June 6, 2008, defendant was served with a copy of the divorce complaint. See Acceptance of Service filed July 28, 2008. 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: n/a By the defendant: n/a (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: June 20, 2011 (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: June 21, 2011 Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: June 21, 2011 by first class mail. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: n/a Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: n/a ?j ? July, 2011 , STACY B. LF Attorney for Plaintiff MICHAEL S. THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r DEE A. THOMPSON, : NO. 08 - 3442 CIVIL TERM Defendant : IN DIVORCE IM NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE pn = ?- C) , O : Dec 3. 1 hompson -a Defendant c?o I'amfly Law Clinic Michael S. Thompson, Plaintiff, intends to file with the court the attached Praecipe to 1'ranstnit Record on or after July 11, 2011 requesting that a final decree in divorce be entered. STACY B. WOLF) ESQUIRE Attorney fo`r Plaintiff STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGI I STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, Plaintiff DEE A. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 3442 CIVIL "PERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotanv: Please transmit the record, together with the following information, to the court for entry- of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 330t(d) of the Divorce Code. Date and manner of service of the complaint: On or about tune 6, 2008, defendant was sen-ed with a copy of the divorce complaint. See Acceptance of Service filed juh- 28, 2008. 3. Complete either paragraph (a) or (b): (a Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: n/a By the defendant: n/a (b)(1) Date of execution of the affidavit required b?- Section 3301(4) of the DIN-orce Code: June 20, 2011 (b) (2) Date of filing and sen-ice of the plaintiff's affidavit upon the defendant: tune 21, 2011 4. Related claims pending: Nona: . G)tilplete either (a) or (b): (a) Date and manner of service of the 11wice of intctntion to file praccipe ro transmit record, a cope of «hich is attached: little 21, 2()11 h? t-test class Mail. (b) Date plaintiff's Waiver of Notice to Secti(m 331It(c) divorce ,,vas filed \vith the Prothonotanv: n/a Date defendant's A"'m-cr (A Notice in ?ecrion 33u l (c; Diz ()rc, ?? <ts tiled -vvIth the Proth(,notan : n/a June , 2011 STACY B. WOLF Attorney for Plaintiff IV MICHAEL S. THOMPSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEE A. THOMPSON, Defendant NO. 08-3442 CIVIL TERM IN RE: PLAINTIFF'S PRAECIPE TO TRANSMIT RECORD ORDER OF COURT AND NOW, this 25 h day of July, 2011, upon consideration of Plaintiff s Praecipe To Transmit Record, and it appearing (a) that the praecipe requests entry of a divorce under Section 3301(d) of the Divorce Code notwithstanding that the unamended complaint cites only Section 3301(c) of the Divorce Code as the ground for divorce, (b) that the proposed decree indicates that no economic claims remain outstanding notwithstanding that Defendant has filed an answer asserting various economic claims, and (c) that it is unclear from the record whether a counter-affidavit under Section 3301(d) of the Divorce Code was furnished to Defendant prior to service of Plaintiff's notice of intent to request entry of a divorce decree, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a rJ r new praecipe to transmit the record. r,,Co -_ zrn ri ZE: 'D BY THE COURT, < N ??; 17 > N CD _4 Vr: T_ 'T cry . ? Stacy B. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff Y Megan Riesmeyer, Esq. Family Law Clinic 45 North Pitt Street Carlisle, Pa 17013 Attorney for Defendant :rc eppie5 ?MAJ.ed 0& Michael S. Thompson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Dee A. Thompson N0.3442 20 08 Defendant MOTION FOR APPOINTMENT OF MASTER Michael S. Thompson Plaintiff ,moves the court to appoint a master with respect to the following claims: X^ Divorce X^ Distribution of Property ^ Annulment ^ Support ^ Alimony ^ Counsel Fees ^ Alimony Pendente Lite ^ 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,_ Megan Riesmeyer ;Esquire). 3. The staturory ground (s) for divorce is ~, r.~ ~~ Irretrievably broken. -~ 3 --! 4. Delete the inapplicable paragraph (s): A ^ B ® C ^ ~ ~ „~„C ~ r=- a. The action is not contested. ~ ~ tV b. An aereement has been reached with respect to the followine claims: ~ ~' .C ~.i -~ ~ ' *~ 2~ ter; c. The action is contested with respect to the following claims: ~'~ ,-; ~'` Distribution of property. -t © -' -°' 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one days 7. Additional information, if anv, relevant to the motion: •November27 2012 -'-'-~ Date. 'f Attorney for pl tiff Stacy B. Wolf, Esquire Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, J. Plaintiff MICHAEL S. THOMPSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 3442 CIVIL DEE A. THOMPSON, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this a/At day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated February 25, 2013, 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, �` ► n R.1 CD e K in A. Hess, P. CC: Stacy B. Wolf M 3,. I = Attorney for Plaintiff ron- " o� --i CD Megan Riesmeyer nC-) _ _ Attorney for Defendant =w ; CD a�li3 .�G FIE PRn ju Ir fl j-rAi"i, 7013 MAR 21 PM 3: 01 NURIUAGE SETTLEMENT AGFXEM ERLAND coUtjTy PENNSYLVANIA THIS AGREEMENT made this 2S day of Fe4" 2013,by and between MICHAEL S.THOMPSON(hereinafter referred to as "HUSBAND'} and DEE A. THOMPSON(hereinafter referred to as "WIFE"). WITNESSETH:WHEREAS,HUSBAND and WIFE were lawfully married on November 2, 1997; and WHEREAS,diverse,unhappy differences,disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives,and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other,including,without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property;the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW,THEREFORE,in consideration of the promises and 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. The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 2. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree,but shall survive the same and shall be binding and conclusive on the parties for all time. 3. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 4. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard,with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. S. Further,the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest,harass,annoy,injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment,profession,business or other activity as he or she may deem advisable for his or her sole use and benefit without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses,ownership,enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 6. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed,and admitted by the parties,and the parties intend to be legally bound hereby. 7. Except as herein provided,the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein.The parties agree that this division is fair and equitable,and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own,have and enjoy independently of any claim or right of the other party,all items of personal property of every kind,nature and description and wherever situated,which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE,with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually,in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. PERSONAL PROPERTY: The parties agree that they have equitably divided all of their furniture,household goods,appliances and personal belongings to their mutual satisfaction and each releases to the other all such personal property as they will mutually agree upon. Regarding the property held in the storage unit,WIFE will keep an items other than HUSBANDS personal items. HUSBAND may access the storage unit to remove therefrom as his own separate property any of his personal items. B. RETIREMENT.The parties hereby stipulate and agree HUSBAND and WIFE shall each keep all of their own retirement accounts and that all of HUSBAND'S retirement accounts shall be the sole and exclusive property of HUSBAND and all of WIFE'S retirement accounts shall be the sole and exclusive property of WIFE. C. DEBT: Each party represents and warrants to the other that he or she has not incurred any debt,obligation or other liability,other than those described in this Agreement,on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it,and each party agrees to pay it as the same shall become due,and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities, 8. INCOME TAX RETURNS: In 2012,and thereafter, the parties shall prepare and file separate income tax returns. 9. SPOUSAL SUPPORT AND ALIMONY: i,There is a spousal support action against HUSBAND docketed at PACSES Number,Q 7LIW102S Cumberland County. WIFE shall terminate the spousal support action upon entry of the divorce decree. ii. Commencing on the first month after the entry of the divorce decree and for a period of three (3) years (36 months) thereafter,HUSBAND agrees to pay WIFE alimony in the amount of$300.00 per month. Such payments shall be wage attached and collected by the Domestic Relations Office of Cumberland County. The alimony is modifiable if HUSBAND is involuntarily terminated. In consideration of the mutual agreement of the parties,HUSBAND and WIFE agree to mutually waive any and all financial support including alimony,spousal support,counsel fees and court cost payments to each other excluding that provided for within Paragraph 9 and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. iii. This Agreement has been negotiated on the assumption that the payments described in this Paragraph shall be deductible by HUSBAND and includible in the income of WIFE.Therefore,it is the intention,understanding and agreement of the parties that the payments described in this Paragraph to the extent permitted by law shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code and that, accordingly,all such payments shall be includible in WIFE's gross income and deductible by HUSBAND for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. WIFE must report payments received under this Paragraph in her gross income for federal and,if applicable,for local and state income tax purposes.WIFE shall be solely responsible for income taxes with respect to those payments. If WIFE should fail to report these payments on her tax returns as required by this Paragraph,WIFE shall exonerate and indemnify HUSBAND against and hold HUSBAND harmless from any expenses and/or liability,including reasonable counsel and accountants' fees,arising from that failure. 10, BREACH: In the event of the breach of this agreement by either party,and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the tight to seek monetary damages for such breach,where such damages are ascertainable,and/or to seek specific performance of the terms of this agreement,where such damages are not ascertainable. All costs,expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 11. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time,at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. HUSBAND's attorney is Stacy B.Wolf,Esquire and WIFE is being represented by the Community Law Clinic. 13. 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. 14. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 16. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein,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 may now have or hereafter acquire,under the present or 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, curtesy,statutory allowance, widow's allowance,right to take in intestacy,right to take against the Will of the other,and 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 all such interests,rights and claims. r IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: i (SEAL) M CHAEL S.YWOMPSON (SEAL) DEE A.THOMPSOIV Y l � a 0. COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this r day of ' 2013, MICHAEL A. THOMPSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my and official seal. MMMONWMALTH OF PENNSYLVANIA Notarial Seal Nathan C.Wolf,Notary Public Cartes soro,Cumberland county Nota MY CommlaSiOn 19 2016 ry o M14 PEOWLVAM ANKMTM CW NOTARIES COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this <45th day of , 2013, DEE A. THOMPSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. �.JJL-u l� �. otary P1ub Notarial Seal Laurie L. Wolf, Notary Public Carlisle Boro., Cum Qmxty My Co "'sSiW Expires June 23, 2014 STACY B.WOLF,ESQUIRE ATTORNEY ID NO.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA,,�- u a w --i t ,c"' :V. : CIVIL ACTION- LAW ' DEE A. THOMPSON, : NO. 2008-3442 CIVIL TERM ;sue Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSEN`4 1. _k complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about dune 5, 2008 and seared upon defendant on or about June 6, 2008. ?. The marriage of plaintiff and defendant is irretrievable broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry- of a final decree in divorce after service of notice of intention to request entry- of the divorce. I k-erifv that the statements made in this affidavit are true and correct. I understand that false Statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ----92013 S cf>2 DEE A. THOMPSO MICHAEL S. THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW DEE A. THOMPSON, : NO. 2008—3442 CIVIL TERM Defendant . IN DIVORCE C. WAIVER OF NOTICE OF INTENTION TO REQUEST" ENTRY OF A DIVORCE DECREE r UNDER SECTION 3301101 OF THE DIVORCE_ ODE l. I consent to the entry-of a final decree of divorce without notice. ?. 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. I I understand that I will not be divorced until a divorce decree is entered by the Court and that a copv- of the decree will be sent to me immediately after it is filed with the Prothonotary;. 1. verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DI.I A. TH0TN'1PSJ? STACY B.WOLF,ESQUIRE ATTORNEY ID NO.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717)2414436 ATTORNEY FOR PLAINTIFF MICHAEL S. THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION- LAW a _ rn DEE A.THOMPSON, : NO. 2008—3442 CIVIL TERM cnr— Defendant : IN DIVORCE AC-) %D:- PLAINTIFF'S AFFIDAVIT OF CONSENT:> 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 5, 2008 and served upon defendant on or about June 6, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2013 MICHAEL S. OMPSON MICHAEL S. THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION- LAW DEE A.THOMPSON, : NO. 2008-3442 CIVIL TERM Defendant : IN DIVORCE c =r n � cn r-i c' -<.-„ — �E r-�- WAIVER OF NOTICE OF INTENTION TO REQUEST 3 ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 110 ,2013 11 1, Z'14� MICHAEL S HOMPSON l . STACY B.WOLF,ESQUIRE i"9 v 1 WOLF NEY D NO.88732 �li 10 WEST HIGH STREET iG CARLISLE,PA 17013 3 APR 25 PM 24 (717)241-4436 ATTORNEY FOR PLAINTIFF C�UM�gRLAND COUNTY MICHAEL S.THOMPSON, :IN THE COURT OF COMMON PLEAS OF Plaintiff V. :CIVIL ACTION-LAW DEE A.THOMPSON, :NO.2008—3442 CIVIL TERM Defendant :IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record,together with the following information,to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under.Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about June 6, 2008, defendant was served with a copy of the divorce complaint. See Acceptance of Service filed July 28,2008. 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff-March 28,2013 By the defendant: March 22,2013 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: n/a (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: n/a 4. Related claims pending: None 5. Complete either(a) or(b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record,a copy of which is attached: n/a (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary:April 1,2013 Date defendant's Waiver of Notice in Section 3301(c)Divorce was filed with the Prothonotary: March 26,2013 April 2013 STAGY B.W F Attorney for intiff IN THE COURT OF COMMON PLEAS OF Michael S. Thompson : CUMBERLAND COUNTY, PENNSYLVANIA V. Dee A. Thompson No. 2008-3442 DIVORCE DECREE AND NOW, AAdokA ,201 , it is ordered and decreed that Michael S. Thompson , plaintiff, and Dee A. Thompson , 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.") The Marital Settlement Agreement executed February 25, 2013 is hereby incorporated u not merged into the decree. By the ourt, Thomas A.Placey Attest: Common os " Prothonotary 41(57 top, a,MCI