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HomeMy WebLinkAbout08-52330 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. © V, 5:a _ 3 3 t) v-, I -f t<M DAPHNE D. DORSEY, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara. Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. L) 3 3 c1? j ?evr DAPHNE D. DORSEY, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Scott M. Dorsey, an adult individual with a mailing address of 128 North 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Daphne D. Dorsey, an adult individual residing at 128 North 17'h Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 14,1989 in New Cumberland, York County, Pennsylvania. 5. There is one (1) child born of this marriage being Patrick James Dorsey (Born: June 27, 1999). 6. The parties separated in July, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301(c) and/or (d) of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Scott M. Dorsey, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: Augusta9, 2008 Esquire for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff V. DAPHNE D. DORSEY, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. 15??? Dated: Q u 2008 C TT M EY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DAPHNE D. DORSEY, Defendant . NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Scott M. Dorsey, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: IX( <?? 2008 C TT RSEY yr ? n A f 1 -itb P e z C7 ? = C n rc-? N i? LNI 4 it 'j ?SAa Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff V. DAPHNE D. DORSEY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Daphne D. Dorsey, hereby accept service and acknowledge receipt of the above-captioned Complaint in Divorce, having received said Complaint on the ql* day of S"'r , 2008. J./D 4/a 4 ILL40.4 1& 4 P, Dap a D. Dorsey 128 North 17`x' Street Camp Hill, PA 17011 Witnessed by: (Si ature) UU4, '0 - (Print Name) on September , 2008 K rte- ?= C Z , SCOTT M. DORSEY, Plaintiff Vs. DAPHNE D. DORSEY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2008 - 5233 Defendant MOTION FOR APPOINTMENT OF MASTER Scott M. Dorsey (Plaintiff) (fit), moves the court to appoint a master with respect to the following claims: Divorce ( Distribution of Property () Annulment ( ) Support O Alimony O 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. her (2) The defendant (has) Mw=) appeared in the action (Immuft) (by attorney, Leslie D. Jacobson , Esquire). (3) The Staturory ground (s) for divorce (io) (are) 3301(c) and 3301(d) _ (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The action Ozmbwo (does not involve) complex issues of law or fact (6) The hearing is expected to take One (1) (14th (days). (7) Additional information, if awn relevant to the motion: Date: April oI , 2009 ,Ogrn?p fbi(Plaintiff) Me&md2M Print Attorney Name ......... Irbara Sumple-Sullivan, ESquire ORDER APPOINTING MASTER AND NOW, , 2009 Esquire is appointed master with respect to the following claims: _ r? By the Court: rr; ro CJ5 . - GJ IWO APR 0.6 2009(, SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. DAPHNE D. DORSEY, Docket No. 2008 - 5233 Defendant MOTION FOR APPOINTMENT OF MASTER Scott M. Dorsey. (PlaintiM (f it), moves the court to appoint a master with respect to the following claims: Divorce ( 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. r (2) The defendant (has) (mgt) appeared in the action (wsmnft) (by attorney, Leslie D. Jacobson , Esquire). (3) The Staturory ground (s) for divorce ( (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The action OmboW (does not involve) complex issues of law or fact (6) The hearing is expected to take one (1) (1 (days). () Additional information, if aW, relevant to the motion: Date: April , 2009 G ! ~?/ ( A,tforn?folain ' Print Attorney Name ......... Et?rbara Sumple-Sullivan, ESquire ORDER APPOINTING MASTER AND NOW, 2U09 Esquire is appointed mast with respect to the following claims:'?? ,.t?oC ,?21r?J . By 1(• RLED-OFFa OF m PRO-14OWNRY 2009 APR -8 Ate 9: 55 CLMB4E'V:,;-O(C,L ,',.MNTY PENNSYLVANIA '118109 - 0 _ K Am? Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for the Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111 - 5260 717.909.5858 717.909.7788 (fax) SCOTT M. DORSEY Plaintiff V. DAPHNE D. DORSEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :No. 08-5233 : CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 AFFORTD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ti Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for the Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111 - 5260 717.909.5858 717.909.7788 (fax) SCOTT M. DORSEY Plaintiff V. DAPHNE D. DORSEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :No. 08-5233 CIVIL ACTION - IN DIVORCE DEFENDANT'S PETITION RAISING ADDITIONAL CLAIMS PURSUANT TO Pa R C.P. 4 1920.13(b) (2) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Daphne D. Dorsey, Defendant, by her attorneys, Law Offices of Leslie D. Jacobson, and avers as follows: COUNT III CLAIM FOR ALIMONY 1. Defendant lacks sufficient funds to provide for her reasonable needs and is unable to support herself through appropriate employment. WHEREFORE, Defendant respectfully requests this Honorable Court to award indefinite alimony. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 2. Defendant incorporates herein by reference paragraph 1 as if set forth at length. 3. Defendant does not have sufficient funds to support herself or to pay counsel fees, costs and expenses incidental to this action necessary to prosecute the same. - w WHEREFORE, Defendant respectfully requests this Honorable Court direct Plaintiff to pay to Defendant alimony pendente lite, in addition to counsel fees, costs and expenses necessary for Defendant to adequately prosecute this case. Dated: * 0? Respectfully submitted, LAW,OFFICES OF C Le lie D. Jacobson torney for Defenda l o. 52673 8150 Derry Street Harrisburg, PA 17111 717.909.5858 717.909.7788 (fax) D. JACOBSON 0410312009 13:57 (FAX) P.0021002 VERIFICATION T, Daphne D. Dorsey, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: n -tl Sy: CAJ_O Dap a D. Dorsey, Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for the Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111 - 5260 717.909.5858 717.909.7788 (fax) SCOTT M. DORSEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DAPHNE D. DORSEY Defendant No. 08-5233 CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Karr, a paralegal at the Law Offices of Leslie. D. Jacobson, do hereby certify that a copy of the foregoing Defendant's Petition Raising Additional Claims Pursuant to Pa.R.C.P. § 1920.13 (b)(2) of the Divorce Code was served upon the following by first class regular mail on April T, 2009: Barbara Sumple-Sullivan Attorney for the Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 44RR rE-; M::..??? VI T THE' 4?r ?iJr????n In i 1 2009 APR -7 Ni l: SCOTT M. DORSEY, Plaintiff VS. DAPHNE D. DORSEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5233 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this (.,ate day of , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 25, 2009, 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. cc: ZBarbara Sumple-Sullivan A torney for Plaintiff Leslie D. Jacobson Attorney for Defendant CC IES Tva(6L P BY THE URT, VC, Edgar B. Bayley, P.J. OF THE PPOTHCNIOTARY 2009 OCT -6 AM 00 CUM,'- JNTY MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this,;iU day of September, 2009, by and between Scott M. Dorsey, hereinafter referred to as "HUSBAND", and Daphne D. Dorsey, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on October 14, 1989, in New Cumberland, York County, Pennsylvania; WHEREAS, one (1) child was born of this marriage being Patrick J. Dorsey, born June 27, 1999; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 09/15/2009 '?_ '? consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Leslie D. Jacobson, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 09/15/2009 2 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all rimes hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 09/15/2009 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either parry by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for 09/15/2009 4 divorce obtained by either parry. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each parry hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether 09/15/2009 5 the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either parry ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEYERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 09/15/2009 6 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 09/15/2009 7 SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND shall have as his sole and separate property all items listed on Exhibit "A " of this Agreement and WIFE waives any and all claims to these items. HUSBAND agrees that all other items of personal property shall be the sole property of WIFE. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. HUSBAND shall have the right to store his items of personal property for a period not to exceed sixty (60) days after the execution of this Agreement at the marital home. B. REAL ESTATE The parties jointly own property at 128 North 17th Street, Camp Hill, Cumberland County, Pennsylvania. The home has been appraised for Three Hundred Fifty Thousand Dollars 09/15/2009 8 '? ($350,000.00). Said house is encumbered by a mortgage held by National City Mortgage with an approximate balance of One Hundred Twelve Thousand Three Hundred Eighty-five Dollars ($112,385.00) and Member's First Credit Union in the approximate amount of Eighteen Thousand Four Hundred Thirty-four Dollars ($18,434.00). WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in the real estate to WIFE upon the condition that WIFE refinances the existing mortgage debts. WIFE represents she has been approved for the refinance of said debts. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his right, title and interest in the marital residence. This deed shall be held in escrow by counsel for HUSBAND and recorded only in the event of the successful completion of the refinancing of the mortgage debts. In the event that WIFE's refinance is not successfully completed, the house shall immediately be listed for sale. Pending sale, WIFE shall be solely responsible for all costs related to the house and shall timely make all payments, including mortgage, line of credit payments, taxes, insurance, repairs and maintenance. Upon sale, all debts related to the house, including cost of sale, shall be paid in full. WIFE shall have sole ownership of all remaining net proceeds from said sale. HUSBAND agrees to move out of the marital home on or before the date of closing provided HUSBAND has received thirty (30) days advance notice of said date. Subsequent to the parties' separation, WIFE has made certain withdrawals from the Member's First Credit Line. WIFE has provided to HUSBAND proof establishing that said G? 09/15/2009 9 WD withdrawals have been used solely for the benefit of the marriage. HUSBAND has reviewed that proof and has found same to be acceptable. HUSBAND does hereby waive any and all claims against WIFE for her advancement of monies from the Member's First Credit Line. The parties agree that no further advancements shall be taken from the line of credit after the date of execution of this Agreement. C. MOTOR VEHICLES The parties owned two vehicles at the time of separation being1995 Ford F-150 Truck and a 2001 Subaru Forester. Neither vehicle is encumbered. HUSBAND shall be the sole owner of the 1995 Ford F-150 Truck. WIFE shall be the sole owner of the 2001 Subaru Forester. Each party hereby waives, relinquishes and releases any claim in the vehicle which shall be the sole and separate property of the other. Each party agrees to promptly coordinate and cooperate in the transfer of titles to the vehicles. It is acknowledged that HUSBAND acquired a 2006 Volvo XC70 after the parties' separation. That vehicle is encumbered with a loan due and owing to the Navy Federal Credit Union. HUSBAND shall have sole ownership of this vehicle and WIFE waives any claim to that car. Also, HUSBAND shall be solely liable to the debt due and owing for the encumbrance on the vehicle and shall indemnify and hold WIFE harmless against said debt. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial cash accounts which existed during the 09/15/2009 10 ?61) marriage. The parties agree that these accounts shall be divided as follows: I. HUSBAND's Accounts: The parties agree that HUSBAND shall be the sole owner of the following accounts: 1) USAA MONEY MARKET - xxxxxxx11641. It is noted that this was a pre- marital account and WIFE is waiving any claim to the increase in value of this account during the marriage. 2) USAA Bond Fund - xxxxxxx9476. 3) USAA Certificate of Deposit - xxxx235. 4) USAA Certificate of Deposit (now Bank of CA) - xxxx119. II. WIFE's Accounts: The parties agree that WIFE shall be the sole owner of the following accounts: 1) Janus Fund - xxxx927. 2) Janus Venture Fund - xxxx927. The parties agree to cooperate to effectuate the division of the accounts as set forth above. All jointly titled accounts will be closed within five (5) days of execution of this Agreement. Each party hereby waives, relinquishes and releases any claims to the financial accounts transferred to the other pursuant to this paragraph. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, both parties accumulated certain retirement benefits through his or 09/15/2009 11 D L?J her employment. These benefits consisted of the following: WIFE: WIFE has accumulated rights in a Highmark Pension and in a Highmark Investment Plan. These benefits shall become the sole and separate property of WIFE and HUSBAND does hereby waive any and all claims in said benefits. HUSBAND: HUSBAND has accumulated rights in a FERS annuity and in a FERS Thrift Savings Plan. Except as set forth below, these benefits shall become the sole and separate property of HUSBAND and WIFE does hereby waive any and all claims in said benefits. The parties agree that WIFE shall receive the sum of Seventy-six Thousand Dollars ($76,000.00) in a tax free rollover to a qualified plan from HUSBAND's FERS Thrift Savings Plan. Upon completion of the rollover, WIFE does hereby release and remise any and all claims to the remaining balance of HUSBAND's account. The sum of Seventy-six Thousand Dollars ($76,000.00) shall be transferred to WIFE pursuant to a Domestic Relations Order or similar authorized method to effectuate a tax free rollover so that said transfer shall not result in the imposition of any tax liability to HUSBAND. WIFE agrees to indemnify and hold HUSBAND harmless from any tax liability she may incur as a result of the rollover. Counsel for WIFE shall be responsible for preparing the documents necessary for the rollover of the sum of Seventy-six Thousand Dollars ($76,000.00) from the Plan. 09/15/2009 12 l? Each party warrants that neither party has earned any other retirement or other deferred employment benefits during the marriage. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. The parties confirm that any existing benefits are term and have no accumulated cash value. G. CASH PAYMENT TO WIFE Within fifteen (15) days of the date of execution of this Agreement, HUSBAND shall pay to WIFE the sum of Fourteen Thousand Dollars ($14,000.00) in cash. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Notwithstanding the mortgage and line of credit set forth in Section II.B. above, the only existing marital debt existing as of the date of separation was WIFE's Member's First Visa. Said debt shall be paid by WIFE and WIFE agrees to indemnify and hold HUSBAND harmless from 09/15/2009 13 l i b said debt and agrees to be responsible for all attorney's fees incurred by HUSBAND in defense of any claim or suit brought against him arising from this debt or any real estate related debt incurred during the marriage. To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III COUNSEL FEES HUSBAND agrees to contribute to WIFE `s counsel the sum of Five Thousand Dollars ($5,000.00). This sum shall be paid within thirty (30) days of the date of execution of this Agreement. SECTION IV UNALLOCATED FAMILY SUPPORT HUSBAND agrees to pay directly to WIFE, and in full satisfaction of his obligation to contribute to the financial support of WIFE and their minor son, unallocated family support in the sum of One Thousand Six Hundred Twenty-five Dollars ($1,625.00) per month for the maintenance of WIFE and the parties' child. The payments provided in this paragraph are designated as includible in the federally taxable income of WIFE pursuant to IRC Section 71 and deductible from the federally taxable income of HUSBAND pursuant to IRC Section 215. The parties agree to treat the payments in a manner consistent with this designation on their federal d?/t 09/15/2009 14 1h1a) income tax returns and they acknowledge that failure to do so shall be deemed to be a breach of this Agreement. Further, WIFE agrees to indemnify HUSBAND from any liability for additional taxes, interest and penalties incurred by HUSBAND as a result of the disqualification of this federal tax deduction. HUSBAND shall make the first payment on the first day of the month following the execution of this Agreement and shall make one hundred seven (107) additional monthly payments (for a total of one hundred eight (108) payments) to WIFE unless said obligation is terminated prior to the expiration of the term in accordance with the terms of this Agreement. This monthly payment amount shall be fixed and non-modifiable for any reason. The duration of HUSBAND's payments shall also be fixed and non- modifiable except that this payment shall terminate absolutely prior to the expiration of the one hundred eight (108) month term upon the first to occur of any of the following triggering events: A) Wife' death; B) Husband's death; C) Wife's cohabitation; D) Wife's remarriage; or E) Wife's formal request for and receipt of court ordered child support. If unallocated family support is terminated pursuant to the terms of this paragraph while HUSBAND continues to have a child support obligation of the parties' child due pursuant to the laws of the Commonwealth of Pennsylvania, absent agreement between the parties, the matter 09/15/2009 15 ? 1 shall be submitted to the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania for a determination of a child support amount in accordance with the support guidelines in effect in Pennsylvania at the time of said submission. Effective on the date of the occurrence of any of the terminating events, HUSBAND's payments to WIFE shall be reduced to an amount equal to the incremental amount of child support provided under the support guidelines of the Commonwealth of Pennsylvania which are in effect on the date of occurrence of the triggering event. Upon the occurrence of the triggering event, HUSBAND shall have no further obligation to pay and WIFE does hereby waive any further right to alimony, spousal support, alimony pendente lite, or other financial support payment to WIFE upon the occurrence of one of the above listed termination events. In consideration of her receipt of unallocated family support, WIFE agrees to carry the parties' son on her health insurance during the terms of this support agreement. HUSBAND agrees to pay fifty percent (50%) of the unreimbursed medical expenses above the first Two Hundred Fifty Dollars ($250.00) incurred annually for their child. The parties agree that each of them shall pay the cost of daycare/summer camp on the week of his or her physical custody. The parties acknowledge that enforcement of HUSBAND's unallocated family support obligation can be obtained through the Domestic Relation Section in accordance with the Pennsylvania Rules of Civil Procedure if, at anytime, HUSBAND is delinquent in making the 09/15/2009 16 It support payments provided for herein for a period in excess of thirty (30) days. However, the parties specifically acknowledged that, if any payment is made through the Domestic Relations Office, such is not intended to, nor does it confer, upon the Court any authority to modify the terms of the unallocated family support provisions of this Agreement. Rather, payment to the Domestic Relations Office is for enforcement purposes only. In the event that WIFE shall challenge the appropriateness of this Agreement by seeking a review by the court of the alimony or child support issue, it is agreed that, in addition to any other remedy available to HUSBAND, for every additional dollar increase which WIFE might secure through the Court, WIFE shall pay to HUSBAND the sum of Two Dollars ($2.00) in compensation for her breach of the terms of the Agreement between the parties as liquidated damages. In the event that HUSBAND shall challenge the appropriateness of this Agreement by seeking a review by the court of the alimony or child support issue, except as is specifically allowed pursuant to this Section, it is agreed that, in addition to any other remedy available to WIFE, for every additional dollar decrease which HUSBAND might secure through the Court, HUSBAND shall pay to WIFE the sum of Two Dollars ($2.00) in compensation for his breach of the terms of the Agreement between the parties as liquidated damages The parties further agree that they shall alternate the dependency exemption on an annual basis for their child. HUSBAND shall have their son as an exemption in even years and WIFE shall have their son as an exemption in odd years. Each party agrees to execute all forms necessary, including but not limited to IRS Form 8332, as required to formalize the designation of the exemption as may be required for any specific tax year. 09/15/2009 17 Except as otherwise specifically set forth herein, HUSBAND and WIFE hereby expressly waive, discharge and release any and all right, and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or any other like benefits resulting from the parties' former status as HUSBAND and WIFE. Except as otherwise set forth herein, the parties further release any right they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. The provisions of this Agreement have been negotiated to take into account the parties' overall economic circumstances including the equitable distribution of property, and it was agreed to by both parties with the specific understanding that neither the amount nor the duration, other than as set forth in this Agreement, shall be subject to modification for any reason whatsoever. Notwithstanding the above, if, during the period of unallocated family support, HUSBAND becomes disabled, loses his employment through no fault or misconduct of his own and as a result thereof, his income falls below Eighty Thousand Dollars ($80,000.00) per year, the parties agree that HUSBAND's unallocated family support may be modified to an amount that HUSBAND can pay in light of his then existing financial circumstances. The parties agree to try to attempt to negotiate a modification of the unallocated family support based upon HUSBAND's then existing condition. If the parties cannot agree to a modification, HUSBAND and WIFE agree to submit the matter to mediation with a mutually acceptable mediator. If this is unacceptable, the matter shall be subject to the Court for determination of an appropriate support value. The parties agree to share 09/15/2009 18 :z/ equally the cost of mediation. SECTION V CUSTODY The parties agree that they shall share equally legal and physical custody of their child. HUSBAND shall file a separate action in custody in order to place of record the parties' stipulated agreement. The parties agree to execute a stipulation in the form attached hereto as Exhibit "B" and incorporated herein by reference to be filed in said separation action. SECTION VI 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. QMq F IIT NESS q ` ctu c, 42kogdto WI ESS 5j,? I, ,, -- OTT M. D Y f ),-f. , 1, ti I n taii . I - - DAP E D. DORSEY 09/15/2009 19 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Scott M. Dorsey, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge 'reformation and belief. d s bscribed to before me this day Z'-A--ffi 7 o o i, NOTARY PUBLIC T H. F PENNSYLVANIA < Notarial Seal My commission expires: Barbara SLimpio-Sullivan, Notary Public New Cumberland Boro, Cumberland County (SEAL) t F,S ' C0,,jmission Eores.FJov.15, 2011 i [v!m ,btI,, i'i:nnsylvan!3 Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ,(? p ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Daphne D. Dorsey, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this A i S day of Se 9Ver.bp/, 2009. '-s &??- L '-?- ) - NOTARY P BLIC My commi sion expires: 14p, I Zf j .2 0/3 (SEAL) COMil1AONW- -.TH OF PENNSYLVANIq Notarial Seat Stephen John Townend, Notary pubNc My Swatera .. Dauphin Coun(y Member, Pennsylvania Association of Notaries 09/15/2009 20 EXHIBIT A Husband's Personal Property Item Location Husband's personal items Items received from the Dorsey Family wicker side table living room leather top table living room marble coffee table living room plant stand living room secretary desk living room classic books living room Ceramic Angels living room Pocket Watch living room copper boiler living room bronze book ends living room flip top desk dining room piano chair dining room Oval Blue Boy/Pink Girl dining room [3] wall plates dining room Pier 1 dishes kitchen beaded edge flatware kitchen misc mugs + glassware kitchen desktop computer office computer printer office 3-drawer file cabinet/files office cameras [file cab] office brief case office 2-drawer file cabs [x2] office 2 shelf units [x2] office hassock office stool office shelf unit from #29 office diplomas/awards office Munro frame office Table lamp office green futon basement wicker sofa basement Key West Poster basement Dining Room Chandelier basement bedside table master bedroom foot stool master bedroom full size bed + frame bedroom #3 (2) side chairs bedroom #3 bedside table bedroom #3 4 drawer dresser dresser mirror narrow 4 shelf cabinet hand braided rugs foot stool 3 side drawer desk valet (1) plank chair Dorsey pictures/items wicker basket [closet] (3) oriental rugs dresser w/minor (1) plank chair clothes tree rocking chair mattress + box spring contents of the closet oval folding table Dorsey pictures/items luggage Ansel Adams bentwood rocker foot lockers + suit cases wicker chest table + chairs mirror grill tools bicycle + helmet bike rack camping equip metal combo ladder Dorsey pictures bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom attic attic attic attic upstairs hallway outside garage/shed/basement garage garage garage/various shed various EXHIBIT "B" Barbara. Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY : NO. STIPULATION REGARDING CUSTODY THISAGREEMENT is made this day of , 2009, by and between Scott M. Dorsey, (hereinafter referred to as "Father") an adult individual residing at 128 N. 17'h Street, Camp Hill, Cumberland County, Pennsylvania 17011, and Daphne D. Dorsey (hereinafter referred to as "Mother") an adult individual residing at 128 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011. WITNESSETH WHEREAS, the parties are the natural parent of one (1) minor child, Patrick J. Dorsey, bom June 27, 1999; WHEREAS, a custody action is being initiated simultaneously with this Stipulation Regarding Custody. WHEREAS, the parties have mutually agreed upon a custodial plan and desire to 4 4 incorporate same into an order of court. NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: LEGAL CUSTODY. The parties agree to shared legal custody of the said child. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY. Effective upon Father's relocation from the marital home after the conclusion of the parties' divorce, the parties shall share equally physical custody of the child, Patrick, on an alternating week basis. The exchange time shall be each Friday after school or 5:00 p.m. if no school. Additionally, the non-custodial parent shall be entitled to visitation with the child on Tuesday of the other parent's week from after school or 5:00 p.m. if no school, until 8:30 p.m. 3. HOLIDAYS- a. Thanksgiving. In even years, Father shall have custody of the child for the entire Thanksgiving holiday vacation and school break. In odd years, Mother shall have custody of the child for the entire holiday vacation and school break. If both parties are in the Central Pennsylvania area (defined as a 25 mile radius of Carlisle) on Thanksgiving Day, the custodial parent shall allow the other parent from 6:00 p.m. on Thanksgiving Day until 12:00 noon on Friday after Thanksgiving Day. k - J b. Christmas/New Years Holidays. The Christmas holiday will be shared. In odd years, Father shall have the child from commencement of his school beak until 12:00 noon on December 25`h. Mother shall have custody from 12:00 noon on December 25th until December 31 ". The child shall be returned to Father at 12:00 noon on December 31 ' until start of school. The normally scheduled custodial parent (based on the alternating custody week) shall then resume his or her period of shared custody. In even years, Mother shall have the child from commencement of his school break until 12:00 noon on December 25,'. Father shall have custody from 12:00 noon on December 25th until December 31'. The child shall be returned to Mother at 12:00 noon December 31 St until start of school. The normally scheduled custodial parent (based on the alternating custody week schedule) shall then resume his or her period of shared custody. c. Easter: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on Easter Day from 11:00 a.m. until 4:00 p.m. d. Memorial Day, July 4"' and Labor Day: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on the holidays of Memorial Day, July 0 and Labor Day from 11:00 a.m. until 4:00 p.m. the day of the holiday. e. Child's Birthday: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on his birthday from 5:00 p.m. until 9:00 p.m., if his birthday falls on a weekday. If the child's birthday falls on a weekend, the non-custodial parent shall have custody of the child on his birthday from 12:00 noon until 6:00 p.m. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. 4 't • IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: BARBARA SUMPLE-SULLIVAN LESLIE D. JACOBSON SCOTT M. DORSEY DAPHNE D. DORSEY RLEMFICIF CF ThE PEC T"C"NOTARY 2 99 OCT -6 AM 1v: 41 Cti`iUr Y ?. ,,s MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of September, 2009, by and between Scott M. Dorsey, hereinafter referred to as "HUSBAND", and Daphne D. Dorsey, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on October 14, 1989, in New Cumberland, York County, Pennsylvania; WHEREAS, one (1) child was born of this marriage being Patrick J. Dorsey, born June 27, 1999; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 09/15/2009 -???G consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Leslie D. Jacobson, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 09/15/2009 2 'blh r. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 09/15/2009 3 ?? LG?? It. :. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for 09/15/2009 4 divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether 09/15/2009 5 .-\ Jw the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either parry may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 09/15/2009 6 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 09/15/2009 7 lt; ?- f /. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND shall have as his sole and separate property all items listed on Exhibit "A " of this Agreement and WIFE waives any and all claims to these items. HUSBAND agrees that all other items of personal property shall be the sole property of WIFE. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. HUSBAND shall have the right to store his items of personal property for a period not to exceed sixty (60) days after the execution of this Agreement at the marital home. B. REAL ESTATE The parties jointly own property at 128 North 17"' Street, Camp Hill, Cumberland County, Pennsylvania. The home has been appraised for Three Hundred Fifty Thousand Dollars 09/15/2009 8 '1 ? & ($350,000.00). Said house is encumbered by a mortgage held by National City Mortgage with an approximate balance of One Hundred Twelve Thousand Three Hundred Eighty-five Dollars ($112,385.00) and Member's First Credit Union in the approximate amount of Eighteen Thousand Four Hundred Thirty-four Dollars ($18,434.00). WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in the real estate to WIFE upon the condition that WIFE refinances the existing mortgage debts. WIFE represents she has been approved for the refinance of said debts. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his right, title and interest in the marital residence. This deed shall be held in escrow by counsel for HUSBAND and recorded only in the event of the successful completion of the refinancing of the mortgage debts. In the event that WIFE's refinance is not successfully completed, the house shall immediately be listed for sale. Pending sale, WIFE shall be solely responsible for all costs related to the house and shall timely make all payments, including mortgage, line of credit payments, taxes, insurance, repairs and maintenance. Upon sale, all debts related to the house, including cost of sale, shall be paid in full. WIFE shall have sole ownership of all remaining net proceeds from said sale. HUSBAND agrees to move out of the marital home on or before the date of closing provided HUSBAND has received thirty (30) days advance notice of said date. Subsequent to the parties' separation, WIFE has made certain withdrawals from the Member's First Credit Line. WIFE has provided to HUSBAND proof establishing that said 09/15/2009 9 1 1• withdrawals have been used solely for the benefit of the marriage. HUSBAND has reviewed that proof and has found same to be acceptable. HUSBAND does hereby waive any and all claims against WIFE for her advancement of monies from the Member's First Credit Line. The parties agree that no further advancements shall be taken from the line of credit after the date of execution of this Agreement. C. MOTOR VEHICLES The parties owned two vehicles at the time of separation beingl995 Ford F-150 Truck and a 2001 Subaru Forester. Neither vehicle is encumbered. HUSBAND shall be the sole owner of the 1995 Ford F-150 Truck. WIFE shall be the sole owner of the 2001 Subaru Forester. Each party hereby waives, relinquishes and releases any claim in the vehicle which shall be the sole and separate property of the other. Each party agrees to promptly coordinate and cooperate in the transfer of titles to the vehicles. It is acknowledged that HUSBAND acquired a 2006 Volvo XC70 after the parties' separation. That vehicle is encumbered with a loan due and owing to the Navy Federal Credit Union. HUSBAND shall have sole ownership of this vehicle and WIFE waives any claim to that car. Also, HUSBAND shall be solely liable to the debt due and owing for the encumbrance on the vehicle and shall indemnify and hold WIFE harmless against said debt. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial cash accounts which existed during the 09/15/2009 10 b L i r t f marriage. The parties agree that these accounts shall be divided as follows: 1. HUSBAND's Accounts: The parties agree that HUSBAND shall be the sole owner of the following accounts: 1) USAA MONEY MARKET - xxxxxxx11641. It is noted that this was a pre- marital account and WIFE is waiving any claim to the increase in value of this account during the marriage. 2) USAA Bond Fund - xxxxxxx9476. 3) USAA Certificate of Deposit - xxxx235. 4) USAA Certificate of Deposit (now Bank of CA) - xxxxl 19. II. WIFE's Accounts: The parties agree that WIFE shall be the sole owner of the following accounts: 1) Janus Fund - xxxx927. 2) Janus Venture Fund - xxxx927. The parties agree to cooperate to effectuate the division of the accounts as set forth above. All jointly titled accounts will be closed within five (5) days of execution of this Agreement. Each party hereby waives, relinquishes and releases any claims to the financial accounts transferred to the other pursuant to this paragraph. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, both parties accumulated certain retirement benefits through his or 09/15/2009 11 DAD {. her employment. These benefits consisted of the following: WIFE: WIFE has accumulated rights in a Highmark Pension and in a Highmark Investment Plan. These benefits shall become the sole and separate property of WIFE and HUSBAND does hereby waive any and all claims in said benefits. HUSBAND: HUSBAND has accumulated rights in a FERS annuity and in a FERS Thrift Savings Plan. Except as set forth below, these benefits shall become the sole and separate property of HUSBAND and WIFE does hereby waive any and all claims in said benefits. The parties agree that WIFE shall receive the sum of Seventy-six Thousand Dollars ($76,000.00) in a tax free rollover to a qualified plan from HUSBAND's FERS Thrift Savings Plan. Upon completion of the rollover, WIFE does hereby release and remise any and all claims to the remaining balance of HUSBAND's account. The sum of Seventy-six Thousand Dollars ($76,000.00) shall be transferred to WIFE pursuant to a Domestic Relations Order or similar authorized method to effectuate a tax free rollover so that said transfer shall not result in the imposition of any tax liability to HUSBAND. WIFE agrees to indemnify and hold HUSBAND harmless from any tax liability she may incur as a result of the rollover. Counsel for WIFE shall be responsible for preparing the documents necessary for the rollover of the sum of Seventy-six Thousand Dollars ($76,000.00) from the Plan. 09/15/2009 12 bbb " Each parry warrants that neither party has earned any other retirement or other deferred employment benefits during the marriage. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. The parties confirm that any existing benefits are term and have no accumulated cash value. G. CASH PAYMENT TO WIFE Within fifteen (15) days of the date of execution of this Agreement, HUSBAND shall pay to WIFE the sum of Fourteen Thousand Dollars ($14,000.00) in cash. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Notwithstanding the mortgage and line of credit set forth in Section II.B. above, the only existing marital debt existing as of the date of separation was WIFE's Member's First Visa. Said debt shall be paid by WIFE and WIFE agrees to indemnify and hold HUSBAND harmless from 09/15/2009 13 bb)? IA6i 1. said debt and agrees to be responsible for all attorney's fees incurred by HUSBAND in defense of any claim or suit brought against him arising from this debt or any real estate related debt incurred during the marriage. To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III COUNSEL FEES HUSBAND agrees to contribute to WIFE `s counsel the sum of Five Thousand Dollars ($5,000.00). This sum shall be paid within thirty (30) days of the date of execution of this Agreement. SECTION IV UNALLOCATED FAMILY SUPPORT HUSBAND agrees to pay directly to WIFE, and in full satisfaction of his obligation to contribute to the financial support of WIFE and their minor son, unallocated family support in the sum of One Thousand Six Hundred Twenty-five Dollars ($1,625.00) per month for the maintenance of WIFE and the parties' child. The payments provided in this paragraph are designated as includible in the federally taxable income of WIFE pursuant to IRC Section 71 and deductible from the federally taxable income of HUSBAND pursuant to IRC Section 215. The parties agree to treat the payments in a manner consistent with this designation on their federal 09/15/2009 14 b?bb - 1-7y income tax returns and they acknowledge that failure to do so shall be deemed to be a breach of this Agreement. Further, WIFE agrees to indemnify HUSBAND from any liability for additional taxes, interest and penalties incurred by HUSBAND as a result of the disqualification of this federal tax deduction. HUSBAND shall make the first payment on the first day of the month following the execution of this Agreement and shall make one hundred seven (107) additional monthly payments (for a total of one hundred eight (108) payments) to WIFE unless said obligation is terminated prior to the expiration of the term in accordance with the terms of this Agreement. This monthly payment amount shall be fixed and non-modifiable for any reason. The duration of HUSBAND's payments shall also be fixed and non- modifiable except that this payment shall terminate absolutely prior to the expiration of the one hundred eight (108) month term upon the first to occur of any of the following triggering events: A) Wife' death; B) Husband's death; C) Wife's cohabitation; D) Wife's remarriage; or E) Wife's formal request for and receipt of court ordered child support. If unallocated family support is terminated pursuant to the terms of this paragraph while HUSBAND continues to have a child support obligation of the parties' child due pursuant to the laws of the Commonwealth of Pennsylvania, absent agreement between the parties, the matter 09/15/2009 15 Db? shall be submitted to the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania for a determination of a child support amount in accordance with the support guidelines in effect in Pennsylvania at the time of said submission. Effective on the date of the occurrence of any of the terminating events, HUSBAND's payments to WIFE shall be reduced to an amount equal to the incremental amount of child support provided under the support guidelines of the Commonwealth of Pennsylvania which are in effect on the date of occurrence of the triggering event. Upon the occurrence of the triggering event, HUSBAND shall have no further obligation to pay and WIFE does hereby waive any further right to alimony, spousal support, alimony pendente lite, or other financial support payment to WIFE upon the occurrence of one of the above listed termination events. In consideration of her receipt of unallocated family support, WIFE agrees to carry the parties' son on her health insurance during the terms of this support agreement. HUSBAND agrees to pay fifty percent (50%) of the unreimbursed medical expenses above the first Two Hundred Fifty Dollars ($250.00) incurred annually for their child. The parties agree that each of them shall pay the cost of daycare/summer camp on the week of his or her physical custody. The parties acknowledge that enforcement of HUSBAND's unallocated family support obligation can be obtained through the Domestic Relation Section in accordance with the Pennsylvania Rules of Civil Procedure if, at anytime, HUSBAND is delinquent in making the 09/15/2009 16 support payments provided for herein for a period in excess of thirty (30) days. However, the parties specifically acknowledged that, if any payment is made through the Domestic Relations Office, such is not intended to, nor does it confer, upon the Court any authority to modify the terms of the unallocated family support provisions of this Agreement. Rather, payment to the Domestic Relations Office is for enforcement purposes only. In the event that WIFE shall challenge the appropriateness of this Agreement by seeking a review by the court of the alimony or child support issue, it is agreed that, in addition to any other remedy available to HUSBAND, for every additional dollar increase which WIFE might secure through the Court, WIFE shall pay to HUSBAND the sum of Two Dollars ($2.00) in compensation for her breach of the terms of the Agreement between the parties as liquidated damages. In the event that HUSBAND shall challenge the appropriateness of this Agreement by seeking a review by the court of the alimony or child support issue, except as is specifically allowed pursuant to this Section, it is agreed that, in addition to any other remedy available to WIFE, for every additional dollar decrease which HUSBAND might secure through the Court, HUSBAND shall pay to WIFE the sum of Two Dollars ($2.00) in compensation for his breach of the terms of the Agreement between the parties as liquidated damages The parties further agree that they shall alternate the dependency exemption on an annual basis for their child. HUSBAND shall have their son as an exemption in even years and WIFE shall have their son as an exemption in odd years. Each party agrees to execute all forms necessary, including but not limited to IRS Form 8332, as required to formalize the designation of the exemption as may be required for any specific tax year. 09/15/2009 17 ? ??---1 Except as otherwise specifically set forth herein, HUSBAND and WIFE hereby expressly waive, discharge and release any and all right, and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or any other like benefits resulting from the parties' former status as HUSBAND and WIFE. Except as otherwise set forth herein, the parties further release any right they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. The provisions of this Agreement have been negotiated to take into account the parties' overall economic circumstances including the equitable distribution of property, and it was agreed to by both parties with the specific understanding that neither the amount nor the duration, other than as set forth in this Agreement, shall be subject to modification for any reason whatsoever. Notwithstanding the above, if, during the period of unallocated family support, HUSBAND becomes disabled, loses his employment through no fault or misconduct of his own and as a result thereof, his income falls below Eighty Thousand Dollars ($80,000.00) per year, the parties agree that HUSBAND's unallocated family support may be modified to an amount that HUSBAND can pay in light of his then existing financial circumstances. The parties agree to try to attempt to negotiate a modification of the unallocated family support based upon HUSBAND's then existing condition. If the parties cannot agree to a modification, HUSBAND and WIFE agree to submit the matter to mediation with a mutually acceptable mediator. If this is unacceptable, the matter shall be subject to the Court for determination of an appropriate support value. The parties agree to share 09/15/2009 18 lll?b equally the cost of mediation. SECTION V CUSTODY The parties agree that they shall share equally legal and physical custody of their child. HUSBAND shall file a separate action in custody in order to place of record the parties' stipulated agreement. The parties agree to execute a stipulation in the form attached hereto as Exhibit "B" and incorporated herein by reference to be filed in said separation action. SECTION VI 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ITNES C &V a?rC o. 0040aC&1--) WITD ESS 09/15/2009 19 4 S TT M. DOR A,L1 Lf? n P,,# n tpgz? d?j DAPHNE D. DORSEY I A COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Scott M. Dorsey, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. I to before me this day f ,& 6 NOTARY PUBLIC COMMONWEALTH OF PENN$1-LVAI?A Notarial Seas My commission expires: Barbara Surnpie.Suilivan, Notlary pLI5li (SEAL) New Cumberland Bom, Cumf?elli1rtd Cgdfity ( My Commission Explrti N5v:15; 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF Aq., Pti,'n ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Daphne D. Dorsey, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this d 1 s "'day of,S e p If ,n s4 r, 2009. S NOTARY UBLIC My commission expires: Aer, L 2-1) L 013 (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stephen John Townend, Notary Public Swatare Twp., Dauphin County My Commission Expires April 2Y. 2018 Member, Pennsylvania Association of Notaries 09/15/2009 20 V EXHIBIT A Husband's Personal Property Item Location Husband's personal items Items received from the Dorsey Family wicker side table living room leather top table living room marble coffee table living room plant stand living room secretary desk living room classic books living room Ceramic Angels living room Pocket Watch living room copper boiler living room bronze book ends living room flip top desk dining room piano chair dining room Oval Blue Boy/Pink Girl dining room [3] wall plates dining room Pier 1 dishes kitchen beaded edge flatware kitchen misc mugs + glassware kitchen desktop computer office computer printer office 3-drawer file cabinet/files office cameras [file cab] office brief case office 2-drawer file cabs [x2] office 2 shelf units [x2] office hassock office stool office shelf unit from #29 office diplomas/awards office Munro frame office Table lamp office green futon basement wicker sofa basement Key West Poster basement Dining Room Chandelier basement bedside table master bedroom foot stool master bedroom fall size bed + frame bedroom #3 (2) side chairs bedroom #3 bedside table bedroom #3 r ' 1 t 4 drawer dresser dresser mirror narrow 4 shelf cabinet hand braided rugs foot stool 3 side drawer desk valet (1) plank chair Dorsey pictures/items wicker basket [closet] (3) oriental rugs dresser w/mirror (1) plank chair clothes tree rocking chair mattress + box spring contents of the closet oval folding table Dorsey pictures/items luggage Ansel Adams bentwood rocker foot lockers + suit cases wicker chest table + chairs mirror grill tools bicycle + helmet bike rack camping equip metal combo ladder Dorsey pictures r t bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 bedroom #3 Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom Scott's bedroom attic attic attic attic upstairs hallway outside garage/shed/basement garage garage garage/various shed various ' t EXHIBIT `B„ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -CUSTODY NO. STIPULATION REGARDING CUSTODY THISAGREEMENT is made this day of , 2009, by and between Scott M. Dorsey, (hereinafter referred to as "Father") an adult individual residing at 128 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011, and Daphne D. Dorsey (hereinafter referred to as "Mother") an adult individual residing at 128 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011. WITNESSETH WHEREAS, the parties are the natural parent of one (1) minor child, Patrick J. Dorsey, born June 27, 1999; WHEREAS, a custody action is being initiated simultaneously with this Stipulation Regarding Custody. WHEREAS, the parties have mutually agreed upon a custodial plan and desire to l • b. Christmas/New Years Holidays. The Christmas holiday will be shared. In odd years, Father shall have the child from commencement of his school beak until 12:00 noon on December 25d. Mother shall have custody from 12:00 noon on December 25 h until December 31'. The child shall be returned to Father at 12:00 noon on December 31 ' until start of school. The normally scheduled custodial parent (based on the alternating custody week) shall then resume his or her period of shared custody. In even years, Mother shall have the child from commencement of his school break until 12:00 noon on December 25 h. Father shall have custody from 12:00 noon on December 25 h until December 31'. The child shall be returned to Mother at 12:00 noon December 31 s` until start of school. The normally scheduled custodial parent (based on the alternating custody week schedule) shall then resume his or her period of shared custody. c. Easter: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on Easter Day from 11:00 a.m. until 4:00 p.m. d. Memorial Day, July 4a' and Labor Day: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on the holidays of Memorial Day, July 4a' and Labor Day from 11:00 a.m. until 4:00 p.m. the day of the holiday. e. Child's Birthday: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on his birthday from 5:00 p.m. until 9:00 p.m., if his birthday falls on a weekday. If the child's birthday falls on a weekend, the non-custodial parent shall have custody of the child on his birthday from 12:00 noon until 6:00 p.m. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: BARBARA SUMPLE-SULLIVAN SCOTT M. DORSEY LESLIE D. JACOBSON DAPHNE D. DORSEY PLEC-D - ; IE OF THE" 2009 OCT -9 PH 3: 5'4 CU `.,. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAPHNE D. DORSEY, : NO. 08 - 5233 : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 2, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE. . e)A h I ? OA)> DAPHNE D. DORSEY flLED-OFIRCE OF THE FROTH P.-NOTARY 2499 OCT -9 PM 3, 54 ` WOE .I l JE 1 , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff v. DAPHNE D. DORSEY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unworn falsification to authorities. DATE: ?0 " DAM NE D. DORSEY ALED-4DF'r'(UE OE THE PROP-'""10TAAY 2009 OCT -9 PM 3* 54 :a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DAPHNE D. DORSEY, Defendant : NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 2, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. 1 DATE: /0t ilo OTT M. DORS FIL DU rt" GARY OF IM4 N 2Q4q QC? -9 ?lvvw`1L+??'•.?l'r?. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAPHNE D. DORSEY, Defendant : NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: ldly< 6 ' - ` TT M. DORS E FILED--i,'H-IQf-I OF THE N ,,,!OTARY 2099 OCT -9 PM 3: 5 G CUNAIc ''Ji" i Y n " . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff V. DAPHNE D. DORSEY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated September 9, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff October 8, 2009; by Defendant October 8, 2009. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 25, 2009 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divo as filed with Prothonotary: October 9, 2009. Date Defendant's Waiver of Notice in § 01 ce was filed with Prothonotary: October 9, 2009. Dated: October 8, 2009 i Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAPHNE D. DORSEY, Defendant : NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 DATED: October 8, 2009 a Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 RLED-OFFICE OF _ THE Prr -jr),* IOTARY 2004 OCT -9 Pik 3: 55 ,A SCOTT M. DORSEY V. DAPHNE D. DORSEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5233 DIVORCE DECREE AND NOW, t 7 it is ordered and decreed that SCOTT M. DORSEY , plaintiff, and By the Court, DAPHNE D. DORSEY bonds of matrimony. defendant, are divorced from the 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.") None. All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 25, 2009 and incorporated, but not merged, into the Decree. Attes . J. Prothono ry /z9, ,93- d f /-0 ,;L3 Of r ? ? l 011512009 16:28 (FAX) P.0021004 OCT 2 3 2009 ? SCOTT M. DORSEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V, DAPHNE D. DORSEY, Defendant NO. 08-5233 CIVIL IN DIVORCE DOMESTIC RELATIONS ORD,E I . This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board'. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee; 4. This DRO applies to the Thrift Savings Plan ("Plan') and any successor thereto. Scott M. Dorsey C Participant'j is a Participant in the Plan. Daphne D. Dorsey (Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Name: Scott M. Dorsey Address: PO Box 934 Camp hill, PA 17001 Social Security No.: 555-374152 Date of Birth: July 9, 1960 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Name: Daphne D. Dorsey Address: 128 North 17" Street Camp Hill, PA 17001 Social Security No.: 181-62-4054 Date of Birth: May 9, 1964 v It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 1011512009 16:29 (FAX) P.0031004 r DRO Page 2 of 3 7. This Order assigns to Alternate Payee an amount equal to Seventy-Six Thousand and No Cents ($76,000.00) of the Participant's total account balance accumulated under the Plan. In no event shall the Alternate Payee receive more than the Participant's vested account balance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as adrninistrativeIy feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment as follows; "Transamerica Life Insurance Co. FBO Daphne D. Dorsey", c/o Law Offices of Leslie D. Jacobson, 8150 Derry Street, Suite A, Harrisburg, PA 17111. 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from, such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits, 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within tern (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distributions, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. if applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18. If the Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 1011512009 16:29 (FAX) P.0041004 DRO Page 3 of 3 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this 2&-day of BY CO J. CONSENT TO ORDER: M. Attorney for Participant to Dap a D. Dorsey Date De ant/ Date mate *yce PLED-OFFICE OF THE PrP TH'ONOTARY 2409 OCT 25 PM 1: 22 CUN(3!:il' LA,.Ati Gf UNTY PEWZYLVANIA ?.•? ?, ..?? cos so?J ~ILE~!_OFFICF Barbara Sumple-Sullivan, Esquire t~yTliE R~i~ThiCP~QTARY Supreme Court #32317 549 Bridge Street 2~~~ ~~~ar °~r ~~'~ ~: ~ 3 New Cumberland, PA 17070 (717) 774-1445 ~' ;"''`~" t` t,°~ SCOTT M. DORSEY, IN THE ;~{'A.Fl~~ N PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DAPHNE D. DORSEY, Defendant N0.08 - 5233 CIVIL ACTION -LAW IN DIVORCE MOTION TO REDACT PRIVATE INFORMATION ON RECORD Petitioner is Scott M. Dorsey, an adult individual residing at 2106 Mayfred Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Petitioner is the Plaintiff in the above-captioned divorce action. 3. Petitioner accessed the public record of this case using the public access docket search. 4. Petitioner noticed that that a domestic relations document found on the record lists his birthday and social security number. 5. Petitioner does not wish to make such information available for public access. 6. Since the relevant Order has already been processed for division of his employment benefits, there is no need for this information to be found on the public record. 7. The prior Judge in the matter was the Honorable Edgar B. Bayley. 8. Notice of the request was given to opposing counsel Leslie D. Jacobs, Esq., who indicates that he does not oppose the step of redacting in the record and/or this motion. WHEREAS, Petitioner respectfully requests the Court redact any and all listings of his Social Security number and date of birth on the public record. Dated: November 3, 2010 Respectful S Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #323 ] 7 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08 - 5233 DAPHNE D. DORSEY, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the MOTION TO REDACT PRIVATE INFORMATION ON RECORD in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 Dated: November 3, 2010 Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court ID No. 32317 I f , Barbara Sumple-Sullivan, Esquire Supreme Court 932317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant NOV 0 5 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5233 CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of_? , 2010, it is Ordered and Decreed that Defendant shall file a Rule returnable within days of the date of this Order to show cause why Plaintiff's Motion should not be granted. Failure to timely file said Rule will result in Plaintiff s Motion to be GRANTED. NOV 05 2010 C: J. ?I9-19 m? :n t-S - err r f 3m c;& 3 r iL mi7-ls? ! (y S 1 ?? t??. I t 1e Law Offices of Leslie David Jacobson „ 8150 Derry Street $ Poo 1 Suite AUM r rL ,: •, F? ?, ,}. Harrisburg, PA 17111 ; i i fJ 717.909.5858 ENtN 3" '/A °'I1 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5233 V. DAPHNE D. DORSEY, CIVIL ACTION -LAW Defendant : IN DIVORCE 1. Petitioner is Daphne D. Dorsey, an adult individual residing at 128 North 17Th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Petitioner is the Defendant in the above-captioned divorce action. 3. Petitioner accessed the public record of this case using the public access docket search. 4. Petitioner noticed that a domestic relations document found on the record lists her birthday and social security number. 5. Petitioner does not wish to make such information available for public access. 6. Since the relevant Order has already been processed for division of benefits, there is no need for this information to be found on the public record. 7. The prior judge in the matter was the Honorable Edgar B. Bayley. 8. Notice of this request was given to opposing counsel Barbara Sumple-Sullivan, Esq., who indicates that she does not oppose the step of redacting in the record and/or in this motion. WHEREAS, Petitioner respectfully requests the Court redact any and all listings of her social security number and date of birth on the public record. DATE: November 11, 2010 Respectfully Submitted, C 'Leslie D. Jacobson Attorney for Petitioner 8150 Derry Street, Suite Harrisburg, PA 17111 717.909.5858 Supreme Court ID No. 52673 Law Offices of Leslie David Jacobson 8150 Derry Street Suite A Harrisburg, PA 17111 717.909.5858 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5233 v. DAPHNE D. DORSEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE I, Elizabeth Rhoades, legal assistant for the Law Offices of Leslie D. Jacobson, do hereby certify that on this date, I served a true and correct copy of the MOTION TO REDACT PRIVATE INFORMATION ON RECORD in the above captioned matter upon the following individual, by United States first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070 Dated: November 11, 2010 CA-d Elizabeth Rhoades, Legal Assistant C ? NOV 17 2010 ,OF THE PROT N TAfzji4 Law Offices of Leslie David Jacobson 2010 NOV 19 AM 11= 41 8150 Derry Street CUMBERLAND COUNTY Suite A PENNSYLVANIA Harrisburg, PA 17111 717.909.5858 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5233 V. DAPHNE D. DORSEY, CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of 11 2010, it is Ordered and Decreed that Plaintiff shall file a Rule returnable within a 0 days of the date of this Order to show cause why Defendant's Motion should not be granted. Failure to timely file said Rule will result in Defendant's Motion to be GRANTED. ravtA 'TACCoasato ?.s?. AR BARB SttH/?rC?E SUA-4 I?pA/ &4:%. ?t&s rrt34LL /fl[4/10 ,*-?l Nov 05 101Vi Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAPHNE D. DORSEY, Defendant : NO. 08 - 5233 CIVIL ACTION - LAW IN DIVORCE ORDER GRANTING MOTION TO REDACT PRIVATE INFORMATION ON RECORD * 41 velus. AND NOW, to wit, this ? day of f ;$4/^_, 2010, upon consideration of the attached Motion to Redact Information on the Record of Barbara Sumple-Sullivan, Esquire, counsel for Petitioner, Scott M. Dorsey, it is hereby ordered, adjudged, and decreed that all reference to and listing of Scott M. Dorsey's social security number and date of birth be redacted from the record. J. ' C C= c a a --? 1 9_19 6 m.a t M J ? tom- Re-,L L .? > w - o? -< 0 M C n W C:1 err, ?a.1 tVlco ?, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. DAPHNE D. DORSEY, Defendant : NO. 08 - 5233 c -p 3 rn c5 ? --a ? -r? ? a > C- "to , =CD .. TO THE PROTHONOTARY: CIVIL ACTION - LAW IN DIVORCE PRAECIPE 1. On November 3, 2010, Plaintiff filed a Motion to Redact Private Information from the Record. 2. The Honorable Edward E. Guido entered a Rule to Show Cause upon Defendant on November 8, 2010 why said request should not be granted. 3. The Rule was returnable in twenty (20) days or November 28, 2010. 4. The Defendant has filed no objection to Plaintiffs motion to have private information redacted from the record within the requisite 20 days allotted. 5. Defendant concurred in allowing the Motion to be granted. 6. A copy of the letter dated November 12, 2010 sent by Defendant's counsel is enclosed herein stating specifically that Defendant has no objection to the Motion. Wherefore, Plaintiff requests your office redact the public record to exclude Plaintiff's social security number and date of birth. Date: l Z1i & 0 Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 5233 DAPHNE D. DORSEY, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PRAECIPE in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 Dated: /2 //_'2010 Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID No. 32317 LESLIE DAVID JACOBSON LAW OFFICES OF LESLIE DAVID JACOBSON 8150 DERRY STREET SUITE A HARRISBURG, PA 1.7111-5260 (717) 909-5858 Facsimile: (717) 909-7788 November 12, 2010 Ms. Barbara Sumple-Sullivan Law Offices of Barbara Sum_vle-Sullivan 549 Bridge Street New Cumberland, PA 17070-1937 Re: Scott M. Dorsey v. Daphne D. Dorsey Docket No. 08-5233 / Cumberland County Dear Barbara: CHAD J. JULIUS SCOTT MCPARTLAND In response to the Rule to Show Cause issued by Judge Guido, please be advised that the Defendant and I do not object to the redaction by the Plaintiff. If after reviewing the enclosed correspondence you should have any questions or comments, please feel free to contact me at your convenience. cerely, li D. Jacobson LDJ/er C: Client www.ljacobsonlaw.com 1212012010 15:10 f AX) P.0021002 11 Law Offlcas of Leslie David Jacobson 8150 Derry Street Suite A Harrisburg, PA 17111 717.909.5858 SCOTT M. DORSEY, Plaintiff 2C?!p DEC 2 PM ti: FILED-CFFICF rE F"C?NC,?CTfar CUtl$ERLAND E; FEUDS YL';t : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5233 V. DAPHNE D. DORSEY, Defendant CIVIL ACTION -LAW IN DIVORCE -or VUft*44#? AND NOW, to wit, this 1 day of 2010, upon consideration of the attached Motion to Redact Information on the Record of Leslie David Jacobson, Esquire, Counsel for Petitioner, Daphne D. Dorsey, it is hereby ordered, adjudged, and decreed that all reference to and listing of Daphne D. Dorsey's social security number and date of birth be redacted from the record. BY THE COURT: rnz; LLE ?a- 3 . S'un, L - Rill lJd.?? Law Offices of Leslie David Jacobson 8150 Derry Street Suite A Harrisburg, PA 17111 717.909.5858 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5233 c C . -v 3 0 -t CIVIL ACTION - LAW `'air IN DIVORCE cam'-- -<x' i ;;Or-) o CO 1 <o -v X C - rn ?s ^? CD rn PRAECIPE '' 1. On November 11, 2010 Defendant filed a Motion to Redact Private Information from the Record. 2. The Honorable Edward E. Guido entered a Rule to Show Cause upon Plaintiff on November 18, 2010 why said request should not be granted. 3. The Rule was returnable in twenty (20) days or December 7, 2010. 4. The Plaintiff has filed no objection to Defendant's motion to have private information redacted from the record within the requisite 20 days allotted. 5. Plaintiff concurred in allowing the Motion to be granted. 6. A copy of the letter dated December 6, 2010 sent by Plaintiffs counsel is enclosed herein stating specifically that Plaintiff has no objection to the Motion. Wherefore, Defendant respectfully requests the Court redact any and all listings of her social security number and date of birth on the public record. DATE: December 7, 2010 Respectfully Submitted, ie . Jacobson ttorn for Petitioner 150 rry Street, Suite A rri urg, PA 17111 71 09.5858 Supreme Court ID No. 52673 Dec. 6. 201 ';58PM LAW OFFICES BARBARA SLWLE-SULLIVAN 549 BRIDGE STREET NEW C , PENIVNMVANYA 17070-1931 PHONE: (717) 774-1445 FAX: (717) 774-7059 December 6, 2010 Leslie D. Jacobson, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 Re: Scott M. Dorsey v. Daphne D. Dorsey Docket No. 08-5233 / Cumberland Countv Dear Les: No. 0167 P. 1/2 Please accept this letter as verification that Y have no objection to your Motion to redact Daphne's personal information from the public record. If you should have any questions, do not hesitate to contact my office. BSS/as Enclosure Barbara Sumple-Sullivan cc: Mr. Scott M. Dorsey (via e-mail) Law Offices of Leslie David Jacobson 8150 Derry Street Suite A Harrisburg, PA 17111 717.909.5858 SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5233 V. DAPHNE D. DORSEY, CIVIL ACTION - LAW Defendant : IN DIVORCE 1, Elizabeth Rhoades, legal assistant for the Law Offices of Leslie D. Jacobson, do hereby certify that on this date, I served a true and correct copy of the PRAECIPE in the above captioned matter upon the following individual, by United States first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070 Dated: /a 1 b Q Eliza eth Rhoades, Legal Assistant