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HomeMy WebLinkAbout08-5337RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdrubyAhershoTalaw.com Attorney for Plaintiff JUSTIN MCALLISTER, Plaintiff V. TONIA LOWE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08 - 533? Civi I Tem CIVIL ACTION-DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6194 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1-800-990-9180 RICHARD B. DRUBY, ESQUIRE • PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdru!2y@hershMMalaw.com Attorney for Plaintiff JUSTIN MCALLISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. DOCKET NO. TONIA LOWE, Defendant CIVIL ACTION-DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Justin McAllister, an adult individual, with a current residence at 226 West Main Street, Hummelstown, PA 17036. 2. Defendant is Tonia Lowe, an adult individual, with a current residence at 25 Dorseys Lane, Dillsburg, PA 17019. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 15, 2005, in Palmyra, Lebanon County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Neither party is a member of the Armed Forces of the United States of America or any of its allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 2 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, NESTICO, DRUBY By: Date: I ' ?r' 6 f Richard B. Druby sq re / Attorney I.D. No. 4 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff L.L.P. 3 w VERIFICATION I, 3ustin McAllister„verify that the statements made in this Complaint are true and correct. I understand that Use statements herein are made subject to the penalties of la Pa, C.S. §4904 relating to unsworn falsification to authorities. C Date: ?Se S IN MC LISTER i i 4 C=l ? O ? IvN' V y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ADAM M GORDON Defendant No. 08-5357 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06808356 Judgment Amount $ 3,807.11 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-5357 CIVIL TERM ADAM M GORDON Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ADAM M GORDON above named, in the default of an Answer, in the amount of $3,807.11 computed as follows: Amount claimed in Complaint $3,557.20 Interest from July 24, 2008 to November 13, 2008 at the legal interest rate of 27.60% per annum $249.91 TOTAL $3,807.11 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: (??. William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06808356 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 111 MAPLE DR, MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-5357 CIVIL TERM ADAM M GORDON Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $3,807.11 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO ONOTARY UTY) ADAM M GORDON 111 MAPLE DR MECHANICSBURG, PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"` Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 08-5357 CIVIL TERM Plaintiff VS. ADAM M GORDON Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ADAM M GORDON is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ADAM M GORDON is not in the military service. Further Affiant sayeth naught. AFFIANT SWOR AND SUBSCRIBED in my presence this ? day of a ? 7 a??/ 1-69 . COMMONWFALTH OF PENNSYLVANIA L Notarial Seal OTARY PbLKIC Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County MY Commission Expires.luly 15, 2010 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Zequest for Mihtary'Status 3e`partment of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-04-2008 08:34:30 < Last Name First/Middle Begin Date Active Duty Status Service/Agency GORDON ADAM M Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Jpon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you -rovided, the above is the current status of the individual as to all branches of the Military. Akt/4 Mary M. Snavely-Dixon, Director 3epartment of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 krlington, VA 22209-2593 'he Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other ligibility systems. 'he Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any iformation indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the idividual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is therwise entitled to the protections of the SCRA, you are strongly encouraged to obtain fiuther verification of the person's active duty status ,y contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty nd you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. f you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request gain at this Web site and we will provide a new certificate for that query. 'his response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.d..efenselink.milt d..efenselink_milt faglpis/PC09SLDR.html. 'YARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an rroneous name or SSN will cause an erroneous certificate to be provided. report ID: BYGMMOGRGOF ittps://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/4/2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), NA Plaintiff ADAM M GORDON Defendant(s) Case # 9 C??v C t e" IMPORTANT NOTICE TO: ADAM M GORDON 111 MAPLE DR MECHANICSBURG,PA 17050 ????^^?? Date of Notice: ©?51!tl d00T-> WWR## : 06648717 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS.TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN,DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: NWAG-t PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. ? _ ' ? ` 7. ? { ?. "'? ? f ? ' ?? r . r-s ?? ; ?_ -..._. ""(? t? s ? ._ r; ? r-,? ^= RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdrubykhersheypalaw.com Attorney for Plaintiff JUSTIN MCALLISTER, Plaintiff V. TONIA LOWE, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-5337 : CIVIL ACTION-DIVORCE ACCEPTANCE OF SERVICE I, Diane Baker, Esquire, hereby accept service of the Divorce Complaint on behalf of Defendant Tonia Lowe and certify that I am authorized to do so. Dated: -Il-o Y.U. 15OX 044.5 Harrisburg, PA 17112 Attorney for Defendant J' .. t e-Tj e ? `Cs. RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby@hersheypalaw.com JUSTIN MCALLISTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : DOCKET NO. 08-5337 TONIA LOWE, Defendant CIVIL ACTION-DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: V?' LP ONIA LOWE C7 JUSTIN MCALLISTER, Plaintiff V. TONIA LOWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-5337 : CIVIL ACTION-DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ' 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. oA Date: TONIA LOWE A r RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby@hersheypalaw.com JUSTIN MCALLISTER, Plaintiff V. TONIA. LOWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-5337 : CIVIL ACTION-DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2008 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 1- t - 4 JU MCALLISTER N cs Cm, r%,3 r^ti VJ `? _ wl? ul `o JUSTIN MCALLISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 08-5337 TONIA LOWE, Defendant CIVIL ACTION-DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER - 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: j" l d 1 J TIN MCALLISTER = ,t ' c-n %jo 1? r JUSTIN MCALLISTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-5337 TONIA LOWE, Defendant CIVIL ACTION-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: US Mail, postage paid to counsel for Defendant on September 9, 2008. Acceptance of Service filed contemporaneously with this filing. 3. Date of execution of the Affidavit of Consent required by 0301(c) of the Divorce Code: By Plaintiff on January 14, 2009 and by Defendant on January 9, 2009 and filed contemporaneously with this filing. 4. Related Claims pending: None. All claims have been resolved through the Marriage Settlement Agreement, attached hereto as Exhibit A, which is to be incorporated, but not merged, into the Divorce Decree. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously with this filing. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously with this filing. Respectfully submitted, Date: 11,4 -69 NESTICO, DRU$V/& HILDABRAND, LLP By: Richard B. Dru Attorney I.D. No. 4 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone Attorneys for Plaintiff E? 'M'i'd %OE ``®031?A93H! S3Id3S 00008 r I MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this , cloy of ? 2008, by and between TONIA LOWE, hereinafter referred to as "Wife", and JUSTIN MCALLISTER, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 15, 2005, and there were no children born of the marriage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: y 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution 2 c t date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Diane S. Baker, Esquire and to Husband by his attorney, Richard Druby, Esquire. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. 3 r c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 7. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. 8. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 9. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, 4 a and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees 5 c and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 10. DATE OF SEPARATION. The parties agree that for the purpose of equitable distribution the date of separation of the parties was July 28, 2008. 11. RETIREMENT ACCOUNTS AND PENSION PLANS. Wife acknowledges that as a result of her employment during the marriage with Hershey Medical Center she is the title owner of a TIAACREF retirement account. Husband agrees to waive his right to have this benefit valued and Husband further agrees to waive his right to this account and it shall become the sole and separate property of Wife. Husband acknowledges that as a result of his employment during the marriage with Samtec Inc. he is the title owner of a 401(k) plan. Wife agrees to waive her right to have this benefit valued and Wife further agrees to waive her right to this account and it shall become the sole and separate property of Husband. Both parties agree to execute all documents necessary to implement the provisions of this paragraph upon request. 12. PERSONAL PROPERTY. Wife is currently residing in the marital residence and agrees that when she turns over possession of the property to Husband as set forth in Paragraph 20 of this Agreement she will take with her the furniture and appliances set forth on Exhibit A of this Agreement. All remaining furniture and appliances shall become the sole and separate property of Husband. Small items of personal property such as kitchenware, linens, photos, books, and home decor shall be divided equitably between the parties. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 6 M • 13. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. AUTOMOBILES. The parties are the owners of a 2007 Nissan Titan and a 2001 Subaru Outback. The parties agree that the 2007 Nissan Titan shall become the sole and separate property of Husband and he shall be solely responsible for the debt owed on said vehicle. The 2001 Subaru Outback shall become the sole and separate property of Wife and she shall be solely responsible for the debt owed on said vehicle. Both parties agree that they shall cooperate and sign any necessary titles to effectuate this paragraph upon request including execution of vehicle titles upon proof of refinancing of the debt on said vehicle. 15. BANK ACCOUNTS. The parties agree that they have no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 16. CURRENT LIABILITIES. The parties agree that except as set forth elsewhere in this agreement they have no joint liabilities. All remaining debts accumulated during the marriage are in the sole and separate name of the individual parties (including all credit card debt and student loan debt) and shall become the sole and separate responsibility of the named party. Each party agrees to defend, indemnify and hold the other party harmless for and against any and all such individual debts, liabilities or obligations. 7 17. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to defend, indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 18. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 19. LIFE INSURANCE. All life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in and both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 20. MARITAL RESIDENCE. The parties are the joint owners of a property known as 25 Dorsey's Lane, Dillsburg, York County, Pennsylvania. Wife agrees that she shall transfer her interest in this residence to Husband and it shall become his sole and separate property. Husband agrees that he shall be solely responsible for the first mortgage owed on said 8 residence to Wells Fargo and the second mortgage owed to Navy Federal Credit Union and shall indemnify and hold Wife harmless therefrom. Husband further agrees that within one hundred- twenty (120) days of the date of execution of this Agreement he shall refinance or assume said mortgages into his individual name, removing Wife from responsibility thereon. If Husband is unable to refinance the mortgages then he shall immediately list the property for sale through a real estate agent and following all reasonable recommendations made by said real estate agent. Upon sale of the property Husband shall satisfy the existing mortgages and be entitled to receive any profits from the sale. However, if the sale price is insufficient to cover the mortgage debts Husband shall be responsible for the deficit. Until such time as the mortgages are either refinanced or the property sold and Wife's name removed from responsibility thereon, Husband shall provide to Wife, through his counsel, an update every thirty (30) days advising her of the status of the refinancing or sale. Husband shall also be solely responsible for all expenses related to the residence including but not limited to taxes, utilities and insurance and expenses related to the deed transfer and refinancing. Wife agrees that she shall vacate the property within thirty (30) days of the date of execution of this Agreement and she shall sign all documents necessary to implement this paragraph upon request including execution of the deed upon presentation by Husband and proof of refinancing. 21. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify 9 M 1 his or her employer of the change in marital status. Pending the entry of a Decree in Divorce Husband shall continue to provide medical coverage for Wife. 22. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties agree that they shall file a joint federal and state tax return for tax year 2008. In the event that the parties owe taxes or are entitled to a rebate or refund they shall share the responsibility or the refund/rebate proportionate to their respective income and withholdings. 23. BANKRUPTCY, It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. In the event that either party does become a debtor in a bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases, and relinquishes any right to claim any exemption 10 e - z (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by the Agreement shall be discharged or dischargeable, regardless of federal or State law to the contrary, and each party waives any all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of a bankruptcy or financial reorganization proceeding by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 24. PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees and Husband shall be responsible for payment of his legal fees. 25. ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein. Wife agrees that she shall withdraw the pending support action filed with the York County Office of Domestic Relations. II r 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 27. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and 12 no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Both parties shall through counsel keep the other party informed of their respective address and phone number through January 1, 2010. 30. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 31. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute 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. 33. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall 13 t - e in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 35. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 36. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 14 - 4 i 37. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. TONIA LOWE TIN MCA LISTER 15 - , I .- .? EXHIBIT A PROPERTY TO TRANSFER TO WIFE All Living room furniture Jade (dog) and dog care items Dark brown kitchen table and matching chairs Downstairs freezer Microwave 16 •.. f R COMMONWEALTH OF PENNSYLVANIA / :ss. COUNTY OF au', ?r i/? On this, the /5' day of TC(^ , 2008, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared TONIA LOWE known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEAL TH OF PENNSYLVANIA ED'ane 'Notarial Seat S. F3li er NoN Public on TwP•, CJauFhin Coun 'or Per rte:: ,,, i ExFvres n'aY 13, 2011 Association of Notaries 17 rr COMMONWEALTH OF PENNSYLVANIA COUNTY OF J`-L"C' On this, the 00day of 2008, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared JUSTIN MCALLISTER known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. q4m-w Notary Public CON MONMALTH OF PENNSYLVANIA Notarial Seal Midhele L. Bell, Notary Public Derry Twp., Dauphin County MY Camnlsaton Expires March 22, 2012 Member, elt nla Association of Notaries 18 i r-> _ "il JUSTIN MCALLISTER V. TONIA LOWE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5337 DIVORCE DECREE AND NOW, ")21?3 '1440k , it is ordered and decreed that JUSTIN MCALLISTER , plaintiff, and TONIA LOWE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None."} None By, Attest: Prothonotary rxl,,q4 I i