HomeMy WebLinkAbout09-8603DAVID C. BAKER,
VS.
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. O nl - ?7?•? l..'? C? ????
LESLIE G. CARR, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the court. A judgement may also be entered against you for any other claim or
relief requested in these papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at: The Office
of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
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 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
DAVID C. BAKER, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. . NO.
LESLIE G. CARR, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al
partir de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en
la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108
(717) 236-9428 - FAX (717) 236-2817
DAVID C. BAKER,
Plaintiff
vs.
LESLIE G. CARR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, David C. Baker, by and through his attorneys,
Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in
support thereof avers as follows:
1.
2.
3.
4.
5.
6.
7.
8.
Plaintiff is David C. Baker, an adult individual who currently resides at 316
Touchstone Drive, Carlisle, Pennsylvania.
Defendant is Leslie G. Carr, an adult individual who currently resides at 56 Lindsey
Lane, Carlisle, Pennsylvania..
Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least six (6) months immediately previous to the filing of this Complaint.
The Plaintiff and Defendant were married on September 19, 1983 in Comfort, Texas.
There have been no prior actions of divorce or annulment between the parties.
The marriage is irretrievably broken.
The Defendant is not a member of the United States Army or its allies.
Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request the court require the parties to participate in counseling, being so
advised, Plaintiff waives that right.
MEYERS, DESFOR, SALTZGIVER 6 BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C)
or 3301(D) of the Divorce Code.
WHEREFORE, Plaintiff, David C. Baker, respectfully requests this Honorable Court
enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code.
COUNTS
COUNTI
EQUITABLE DISTRIBUTION
10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully
set forth herein.
11. During the marriage, Plaintiff and Defendant have acquired various items of marital
property, both real and personal, which are subject to equitable distribution under the
Divorce Code.
12. Plaintiff requests that this Honorable Court equitably distribute all marital property
pursuant to the Divorce Code.
WHEREFORE, Plaintiff, David C. Baker, respectfully requests this Honorable Court
equitably distribute all property, both real and personal, tangible and intangible, acquired by
the parties during their marriage.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
Respectfully submitted,
Laurie A. Sal6gi sq ire
Attorney I.D. 613
Meyers, Desfor, Sa zgiver & Boyle
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717)236-9428
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
VERIFICATION
I, David C Baker , verify that the
statements made in this Complaint in Divorce
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. Section 4904, relating to unsworn falsification to
authorities.
Dated: 12/11/09
( X ) Plaintiff
( ) Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
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DAVID C. BAKER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 09-8603
LESLIE G. CARR, CIVIL ACTION -LAW
Defendant IN DIVORCE
ACCEPTANCE OF SERVI
OF COMPLAINT IN DIV
I, Debra Denison Cantor, Esquire, counsel for Leslie G. Carr, Defendant in the above-
captioned matter, certify acceptance of service on behalf of Leslie G. Carr, Defendant of a
copy of the Complaint in Divorce filed by Plaintiff, David C. Baker on December 14, 2009
and that I am authorized to do so.
Date: D4
De D on Cantor, Esquire
McNees, Wallace & Nurick
100 Pine Street
Harrisburg, PA 17101
(717)237-5297
Counsel for Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108
(717) 236-9428 - FAX (717) 236-2817
C'E
)TARY
2009 C1tC 22 PM 12: 53
SCANNED
fI2
Todd C. Hough, Esquire
Attomey LD. No. 91060
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P. O. Box 1245
Harrisburg, PA 17108-1245
Tel. 717-233-6633
Fax: 717-233-7003
Attomeys for Plaintiff
DAVID C. BAKER,
Plaintiff
vs.
LESLIE G. CARR,
Defendant
F1LED-Q,FF ,=_
04C ?H" p^"';' rk?.OTARY
2010 APR 23 PM 3: 54
PENNSI'&'At:?IA.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-8603 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE FOR WITHDRAWAL / ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of David C. Baker, Plaintiff in the above-
captioned matter.
Date: 9 1 d
N,
By:
LWXI A. Saltz er, Esquire
Attorney I. . No. 1382
Meyers, Desfor, Sa/tzgiver & Boyle
410 North Second Street
P. O. Box 1062
Harrisburg, Pennsylvania 17018
717-236-9428
Kindly enter my appearance on behalf of David C. Baker, Plaintiff in the above-
captioned matter.
Date: y z is
By:
Tbcd C. Hough, Esquire
Attorney I.D. No. 91060
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
717-233-6633
Todd C. Hough, Esquire
Aftomey LD. No. 91060
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304 2010 MiA i 19 Psi 3; 4 2
P. O. Box 1245
Harrisburg, PA 17108-1245
Tel: 717-233-6633
Fax: 717-233-7003 '
Attorneys for Plain U
DAVID C. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-8603 CIVIL TERM
vs.
LESLIE G. CARR, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on December 14, 2009.
2. The marriage between Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree in divorce after service of Notice of
Intention to Request Entry of the Decree.
4. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees and expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904,
relating to unsworn falsification to authorities.
Date: 2010 /"'
DAVID C. BAKER
Todd C. Hough, Esquire
Attonvy I.D. No. 91060
Lavery, Faheriy, Young & Patterson, P. C.
225 Market Sheet, Suite 304
P. O. Box 1245
Harrisburg, PA 17108-1245
Tel: 717-233-6633
Fax: 717-233-7003
Attorneys for Plaintiff
DAVID C. BAKER,
Plaintiff
2010 h
Pa 3: 42
CU1svtE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-8603 CIVIL TERM
vs.
LESLIE G. CARR,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 W OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 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.
Date: J G ZQl6 '??<
1' DAVID C. BAKER
FILED-CiF' a?J
2010 SSA Y 19 PM 3: 4 t
DAVID C. BAKER, COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 09-8603 CIVIL TERM
LESLIE G. CARR, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on December 14, 2009.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety
days have elapsed since the date of service of the Complaint.
3. 1 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. Section 4904
relating to unsworn falsification to authorities.
Leslie G. Carr
Date: May J f 1 2010
F FILEG-c:),-; ir,.-
The F:?; "'° ' GARY
2010 MAY 19 PM 3: aL
DAVID C. BAKER, CUP?i? -'...fNI>»T?OURT OF COMMON PLEAS OF
Plaintiff FF"?'? ?'L?WBERLAND COUNTY, PENNSYLVANIA
V.
NO. 09-8603 CIVIL TERM
LESLIE G. CARR, CIVIL ACTION - LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Leslie G. Carr
Date: May/ ? 1 2010
vy-8'603 ck>1
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this day of , 2010, by
and between LESLIE G. CARR of Cumberland County, Pennsy vania (hereinafter referred
to as "Wife"), and DAVID C. BAKER of Cumberland County, Pennsylvania, (hereinafter
referred to as "Husband").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on September 19, 1983, and;
WHEREAS, the parties are the parents of four adult children: including Peter C.
Baker, Michael C. Baker, Gabriel J. Baker and Liza J. Baker; and
WHEREAS, differences have arisen between Husband and Wife in consequence of
which they have been separate and apart from each other since December 15, 2007; and
WHEREAS, 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, the settling of all matters between them relating to the ownership of real
and personal property, and in general, the settling of any and all claims and possible claims
by one against the other or against their respective estates.
AND NOW, THEREFORE, in consideration of these premises, and of the mutual
promises, covenants, and undertakings hereinafter set forth, and for other good and
valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of
the parties hereto, Husband and Wife, each intending to be legally bound hereby, pooveMnt,
and agree as follows:
f-
1. SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to their living apart.
2. INTERFERENCE: Each party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
3. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that
he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing
of inventories, and all other means of discovery permitted under the Pennsylvania Divorce
Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further
acknowledges that he or she has discussed with counsel the concept of marital property
under Pennsylvania law and each is aware of his or her right to have the real and/or
personal property, estate and assets, earnings and income of the other assessed or
evaluated by the court of this Commonwealth or any other court of competent jurisdiction.
Husband and Wife represent and warrant that each has disclosed to the other in full his or
her respective assets, liabilities and income and that this Agreement was negotiated and
entered into on the basis of those disclosures. The parties hereby acknowledge and agree
that the division of assets as set forth in this Agreement is fair, reasonable and equitable
and is satisfactory to them. The remedies available to either party for breach or violation of
this provision shall be those remedies available pursuant to law and equity. Each party
2
retains the right to assert a claim against the other for failure to fully and fairly disclose his
or her income, assets and liabilities, if it is later determined that there has been a failure to
disclose, including but not limited to a claim of constructive trust.
4. EQUITABLE DISTRIBUTION OF MARITAL ASSETS: The parties have
come to an agreement as to the ownership of their respective properties and equitable
distribution of the marital property. Except as set forth herein, the parties agree that they
shall indemnify and hold each other harmless from any and all responsibility for the assets
or debts that they are receiving pursuant to this Agreement.
A. Division Of Real Estate:
1.) 56 Lindsay Lane. Carlisle, PA: Husband has transferred all
right, title and interest in and to the real estate situated at 56 Lindsay Lane, Carlisle,
Cumberland County, Pennsylvania, currently titled in the name of Wife. Husband
acknowledges that he has no claim, right, interest, or title whatsoever in said property and
further agrees never to assert any claim to said property in the future except as provided in
Section 4A1 a below. The home has been appraised at $465,000.
a. Right of First Refusal: Should Wife decide to sell this
real estate, Husband has the right of first refusal to purchase the real estate. If Husband
purchases this real estate within two years of the execution of this Agreement, he agrees to
pay Wife $475,000 in addition to reimbursing Wife the costs of any repairs necessary to
maintain the real estate which were done subsequent to the execution of this Agreement.
In the event Wife elects to sell the home after 2 years from the date of execution of the
Agreement, the home shall be re-appraised and the current value determined at that time.
If the parties are unable to agree on the value of this real property, the parties agree to elect
a mutually acceptable appraiser whose decision shall be binding on the parties. The cost of
the mutually agreed upon appraisal shall be equally shared by the parties. If the parties are
3
unable to agree on a mutually acceptable appraiser, each shall select an appraiser to value
the asset. Each party shall pay the cost of the appraiser selected by him and her. If the
appraisals performed by each party's respective appraiser are less than 10% apart, the
parties agree that the value of the asset shall be the average of the two appraisals. If the
appraisals are more than 10% apart, the two appraisers shall select a third appraiser whose
determination shall be averaged with the other two appraisals for a final value. The cost of
the third appraisal shall be divided equally between the parties.
b. Fair Rental Value: Wife shall pay to Husband $15,708,
which represents the fair rental value of the marital home from the date of separation until
the execution of this Agreement. Wife shall pay this amount to Husband upon execution of
this Agreement.
2.) 316 Touchstone Drive. Carlisle PA: Wife agrees to transfer all
right, title and interest in and to the real estate situated at 316 Touchstone Drive, Carlisle,
Cumberland County, Pennsylvania, currently titled in the name of Husband. Wife
acknowledges that she has no claim, right, interest, or title whatsoever in said property and
further agrees never to assert any claim to said property in the future.
B. Division Of Bank Accounts/Stocks/Life Insurance: Prior to the
execution of this Agreement, Husband and Wife liquidated and divided to their satisfaction
all jointly held accounts.
Wife agrees that all bank accounts, certificates of deposit, IRA accounts, 401K
accounts, bonds, shares of stock, investment plans and life insurance cash value in the
possession of Husband, as listed below, shall become the sole and separate property of
Husband; and Husband agrees that all bank accounts, certificates of deposit, IRA accounts,
bonds, shares of stock, investment plans and life insurance cash value in the possession of
Wife, as listed below, shall become the sole and separate property of Wife. Each of the
4
parties does specifically waive, release, renounce and forever abandon whatever right, title,
interest or claim, he or she may have in any bank account, certificates of deposit, IRA
accounts, 401 K accounts, bonds, shares of stock, investment plans and life insurance cash
value that is to become the sole and separate property of the other pursuant to the terms
hereof. The parties agree to immediately cooperate in closing any joint accounts that may
remain open.
1.) HUSBAND'S MARITAL ACCOUNTS:
a. ING 401(k) Acct #xx5126;
b. Millenium Trust IRA Acct. #xx52-01-8;
C. Fidelity Account #xx9140;
d. Scottrade IRA Acct # xx0073:
2.) HUSBAND'S NON-MARITAL ACCOUNTS:
a. Fidelity Trust Account.
3.) WIF E'S MARITAL ACCOUNTS:
a. M & T Bank Account #xx 0626;
b. Fidelity Traditional IRA Acct # xx3446;
C. Fidelity SEP IRA Acct #xx3219;
d. E-trade Acct #xx1484;
e. E-trade Acct #xx2478;
f. Various I-bonds;
g. ING 401(k) #xx93408.
5
4.) WIFE'S NON-MARITAL ACCOUNTS:
a. Vanguard Acct #xx7508;
b. Wachovia Acct # xx6716.
C. Division Of Personal Property: The parties have divided between
them, to their mutual satisfaction, the personal effects, household furniture and furnishings,
and all other articles of personal property, which have heretofore been used by them in
common and neither party will make any claim to any such items which are now in the
possession or under the control of the other. In addition to other items, Husband has
received the following items:
1) His mother's china and silverware;
2.) Oriental rugs;
3.) His father's stereo;
4.) Denby tableware;
5.) Turquoise bowl;
D. Vehicles:
1.) Husband is currently leasing a BMW and shall be solely
responsible for this lease. Husband shall also maintain title to the Volkswagen Jetta and
the 1994 Toyota Previa and shall be responsible for the payment of any outstanding
balance due these vehicles. Husband shall indemnify and hold Wife harmless from any and
all obligations related to these vehicles, including the cost of insurance. Wife waives all
right, title and interest to these vehicles or use of these vehicles.
2.) Wife shall maintain title to the 2004 Volkswagen Passat and the
2002 Lexus RX 300 and shall be responsible for the payment of any outstanding balance
due these vehicles. Wife shall indemnify and hold Husband harmless from any and all
obligations related to these vehicles, including the cost of insurance. Husband waives all
6
right, title and interest to these vehicles or use of these vehicles.
E. Business Interests:
1.) Rover Stock/Stock Options: The parties acknowledge that
Husband is the owner of certain stock and stock options in a bio-medical corporation named
Royer Biomedical Inc. of an unknown value. Husband did invest $175,000 of marital funds
into this venture. Nonetheless, Wife waives all right, title and interest in Husband's
ownership of this company, including any stock and stock options. Husband indemnifies
and holds Wife harmless from any obligations or liabilities associated with the ownership of
this company.
2.) Medical Practice: The parties acknowledge that Husband is
the sole proprietor of a Medical practice. The parties have elected not to value this practice
or its assets. Wife waives all right, title and interest in Husband's ownership of this practice.
Husband indemnifies and holds Wife harmless from any obligations or liabilities associated
with the practice.
5. HUSBAND'S DEBTS/WIFE'S DEBTS: Wife represents and warrants to
Husband that since the parties' separation in December 2007, she has not and in the future
she will not contract or incur any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from any and all claims or
demands incurred by her. Husband represents and warrants to Wife that since the parties'
separation in December 2007, he has not and in the future he will not contract or incur any
debt or liability for which Wife or her estate might be responsible and shall indemnify and
save harmless Wife from any and all claims or demands made against her by reason of
debts or obligations incurred by him.
6. OUTSTANDING INDIVIDUAL DEBTS: All other debts, contracts, obligations
or liabilities incurred at any time in the past by either of the parties will be paid promptly by
7
said party, unless and except as otherwise specifically set forth in this Agreement; and each
of the parties hereto further promises, covenants and agrees that each will now and at all
times hereafter indemnify and save harmless and keep the other and his or her estate
indemnified and saved harmless from all debts or liabilities incurred by him or her, as the
case may be, and from all actions, claims and demands whatsoever with respect thereto,
and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such
actions, claims and demands. Neither party shall, after the date of this Agreement, contract
or incur any debt or liability for which the other or his or her property might be responsible,
and shall indemnify and save harmless the other from any and all claims or demands made
against her or him by reason of debts or obligations incurred by her or him and from all
costs, legal costs and counsel fees unless provided to the contrary herein.
From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable and the parties agree to
cooperate in closing any remaining accounts which provide for joint-liability, with the party
who has used the joint account being responsible for paying any remaining balance.
7. CHILDREN'S EDUCATION FUNDS AND EXPENSES: The parties
acknowledge that during the course of their marriage, there were several accounts
established for the purposes of funding the children's post-secondary educations. At the
signing of this agreement, only Liza is in need of post-secondary education and will be
attending The University of North Carolina in the fall of 2010. The parties agree that they
shall leave an amount believed to be sufficient to pay for Liza's educational expenses for
the next 3.5 years in the college accounts. The parties agree that $141,225 shall remain in
the education accounts and that Wife shall determine in which accounts the funds shall
remain. Said accounts shall be under Wife's sole control and shall continue to be managed
by her. In the event the funds segregated for Liza's educational expenses are not sufficient
8
to pay the obligation in full, Husband agrees to be solely responsible for the amounts over
and above those amounts segregated. In the event that Liza does not receive her degree in
3.5 years, neither parent shall have any future legal obligation to contribute to Liza's
education. If funds remain in the account upon completion of Liza's education, the funds
` iShall be divided 60% to Wife, 40% to Husband. Educational expenses contemplated herein
shall include, tuition, room and board, books, travel, all fees and costs, laundry and some
PZ, ? general spending money. The parties agree that such accounts are non-marital property
S11 i/1 and with the exception of what is outlined below, hereby set over, transfer and assign any
and all of their right, title and interest to any portion of such accounts established.
A. REMAINING ACCOUNT BALANCES:
The following accounts are all educational accounts which have been for the
benefit of the children's education: if
1.) Wachovia Account #xx3636 $ 20,000
2.) Iowa College Savings Account #930-02 $ 74,000
3.) Wells Fargo Account #xxx3093 $ 10,000
4.) Wachovia Account #xxx1687 $ 61,000
5.) Wachovia Account #xxx2238 $ 22,000
6.) Wells Fargo Account #xxx1225 $ 2,800
7.) Wells Fargo Account #xxx8463 23 000
TOTAL $212,800
Once Wife determines which account(s) will remain for Liza's educational
expenses, the balance of the remaining accounts shall be divided 60% to Wife and 40% to
Husband. Any taxes associated with liquidation of these accounts shall be shared equally
between Husband and Wife. Wife shall pay to Husband $28,630 within 30 days of
settlement.
9
8. ALIMONY. SUPPORT AND MAINTENANCE: The month following the entry
of the decree, Husband shall pay to Wife alimony for a total period of eight (8) years. This
alimony shall be paid as follows: Husband shall pay Wife directly the sum of $7,800 per
month for a period of five (5) years from the date of execution of this Agreement. At the
conclusion of the initial five (5) year period, Husband shall pay Wife directly $6,000 per
month for a period of three (3) years. These payments are due to Wife on the first of every
month, beginning on the first of the month following the execution of this Agreement.
Payment shall be made via an automatic transfer to Wife's bank account. Wife shall
provide Husband with her bank account number no later than June 1, 2010. The parties
agree that if Husband fails to pay Wife the total amount due by the 15th of each month, Wife
has the right to have the payments wage attached via Domestic Relations. Wife's failure to
enforce this provision at any time and for any period of time, shall not be deemed a waiver
of her right to enforce this provision. Said payments shall be taxable to Wife and deductible
to Husband.
Prior to the entry of the decree, Husband shall continue to pay to Wife $7,500 per
month in spousal support no later than the 15th of each month. All payments made to Wife
in 2010, even if such payments occurred prior to the execution of this agreement shall be
considered taxable to Wife and deductible to Husband.
A. Non-modifiable: The parties confirm that they have negotiated this
Agreement based upon the non-modifiability of the alimony payments. It is their specific
agreement and understanding that the said payments shall not be subject to modification by
any court as to either duration or amount, for any reason, except as specifically set forth in
this Agreement. These payments may only cease upon any of the following events: (a)
Wife's remarriage; (b) Wife's cohabitation as defined by the Divorce Code; (c) upon
10
Husband's death, provided he has complied with the insurance provisions of this Agreement
or (d) upon Wife's death. .
B. Life Insurance: Husband agrees to maintain Wife as the beneficiary of
his Valley Forge Life Insurance Policy. Wife shall be entitled to a portion of Husband's
insurance proceeds, which shall not be less than $684,000, the total gross alimony owed to
Wife over the 8 year time period. Each year, Husband may reduce the insurance
beneficiary designation by the gross amount of alimony paid in the prior year.
Prior to the execution of this Agreement, Husband named Wife as the beneficiary as
required herein. Within 14 days of the entry of a divorce decree, Husband shall confirm
Wife as the beneficiary of this policy with written notification to the insurance company of
this post divorce confirmation. Should Husband fail to maintain this designation and
predecease Wife, Wife shall be entitled to continuing alimony payments from Husband's
estate. Husband shall provide proof of the beneficiary designation annually or upon request
of Wife.
9. HEALTH INSURANCE:
A. Children: Husband agrees to provide medical, dental, and vision
insurance coverage on all the parties' children, until either: a) they are able to provide such
insurance for themselves; or b) they are no longer eligible to be carried as a dependant on
his insurance, which is currently the age of 26. Husband may elect to eliminate the dental
and visions coverage for the children, but in doing so agrees to pay for any and all dental
and vision care the children may need up until the time they can no longer be carried as a
dependent on his health insurance.
B Wife: Upon the entry of the divorce decree, Wife shall provide her own
medical insurance. Wife shall be solely responsible for the financial cost of this insurance
and she indemnifies and holds Husband harmless for any financial responsibility for her
11
insurance or medical costs after the entry of the divorce. At the time of execution of this
agreement, Husband shall pay to Wife the sum of $4,000 to be used towards obtaining
health insurance. Said amount shall not be taxable to Wife nor deductible to Husband.
10. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for himself or herself and his or
her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all causes of action, claims, rights, or demands, whatsoever
in law or equity, which either of the parties ever had or now has against the other, except
any or all causes of action for termination of the marriage by divorce or annulment and
except for all causes of action for breach of any provisions of this Agreement. Husband and
Wife specifically release and waive any and all rights he or she might have to raise claims
under the Divorce Code and any Amendments thereto including, but not limited to claims for
equitable distribution of marital property, support, alimony, alimony pendente lite, counsel
fees or expenses. The fact that a party brings an action to enforce the property agreement
under the Divorce Code and any amendments thereto, does not give either party the right to
raise other claims under the Divorce Code, specifically waived and released by this
paragraph and all rights and obligations of the parties arising out of the marriage shall be
determined by this Agreement.
11. WAIVER OF BENEFICIARY DESIGNATIONS: Except as expressly set forth
in this Agreement, each party hereto specifically waives any and all beneficiary rights and
any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like
program or account carrying a beneficiary designation which belongs to the other party
under the terms of this Agreement, including, but not limited to, pensions and retirement
plans of any sort or nature, deferred compensation plans, life insurance policies, annuities,
stock accounts, bank accounts, final, paychecks or any other post-death distribution
12
scheme. Each party expressly states that it is his or her respective intention to revoke by
the terms of this Agreement any beneficiary designations naming the other which are in
effect as of the date of execution of this agreement. In the event that the beneficiary
designation is not formally changed prior to the death of the party, such that the other party
continues to be named as beneficiary with no alternate beneficiary otherwise designated,
the beneficiary shall be deemed to be the Estate of the deceased party and all benefits shall
be distributed to the personal representative for the Estate of the deceased party, free of
any claim by the other party.
12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise
provided, each party may dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have or hereafter acquire,
under the present or future laws of any jurisdiction, to share in the property or the estate of
the other as a result of the marital relationship, including without limitation, dower, statutory
allowance, widow's allowance, right to take in intestacy, right to take against the Will of the
other, and right to act as administrator or executor of the other's estate, and each will, at the
request of the other, execute, acknowledge, and deliver any and all instruments which may
be necessary or advisable to carry into effect this mutual waiver and relinquishment of all
such interests, rights and claims.
13. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and
shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
14. TAXES: By this Agreement, the parties have intended to effectuate an
equitable division of their marital property. The parties have determined that such division
conforms to a right and just standard with regard to the rights of each party. The division of
existing marital property is not, except as may be otherwise expressly provided herein,
13
intended by the parties to constitute in any way a sale or exchange of assets, and the
division is being effected without the introduction of outside funds or other property not
constituting a part of the marital estate. As a part of the equitable division of the marital
property and the marital settlement herein contained, the parties agree to save and hold
each other harmless from all income taxes assessed against the other resulting from the
division of the property as herein provided.
The parties acknowledge that they have filed various joint income tax returns during
the course of their marriage. In filing each such return, each party has relied exclusively
upon the other party to provide truthful and accurate information relating to the other party's
employment income, business income or deductions, or income from any other source. In
the event that any additional taxes, penalties or interest are assessed as a result of any
such joint return, the party responsible for under-reporting income or claiming any improper
deduction shall indemnify and save the other party harmless from such tax liability,
penalties, interest, attorney's fees or accountant's fees.
Husband has advised Wife that he is being audited for tax year 2008. Husband shall
be solely liable for all accounting fees, costs and expenses related to this audit. Wife shall
only be responsible for any tax or penalty associated with her income alone.
The parties agree that they shall file a separate return for 2010.
15. TAX DEDUCTIONS: For tax year 2010 forward, Husband shall be entitled to
claim Gabriel as a dependent on his tax return, until such time that Gabriel is living
independently and Wife shall claim Liza, until she is living independently.
16. SUBSEQUENT DIVORCE: Husband filed for a 3301(c) or 3301 (d) divorce at
case caption 09-8603-Civil Action in Divorce on December 14, 2009. Concurrently with the
execution of this Agreement, both parties shall execute Affidavits of Consent to Divorce and
Waiver of Notice of Intention to Request Entry of a Divorce Decree pursuant to Section
14
3301(c) of the Divorce Code. Husband agrees that he shall instruct his counsel to
immediately file with the Court the aforesaid documents and obtain a Decree in Divorce
from the bonds of matrimony under Section 3301(c) of the Divorce Code.
17. 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.
18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge, and deliver to the other party any and all
further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
19. ADVICE OF COUNSEUVOLUNTARY EXECUTION: Wife has employed and
had the benefit of the counsel of Debra D. Cantor, Esquire as her attorney. Husband has
employed and had the benefit of the counsel of Laurie Saltzgiver, Esquire followed by Todd
C. Hough, Esquire as his attorney. Each party acknowledges that he or she has received
independent legal advice from counsel of his or her selection, and that each fully
understands the facts and has been fully informed as to his or her legal rights and
obligations or has foregone the right to be fully informed, and each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements. Also, each party hereto acknowledges that he or she has been fully advised
by his or her respective attorney, or waived the right to do so, of the impact of the
15
Pennsylvania Divorce Code and any Amendments thereto, whereby the Court has the right
and duty to determine all marital rights of the parties, including divorce, alimony, alimony
pendente lite, equitable distribution of all marital property or property owned or possessed
individually by the other, counsel fees and costs of litigation and, fully knowing the same
and/or being fully advised of his or her rights thereunder, each party hereto still desires to
execute this Agreement acknowledging that the terms and conditions set forth herein are
fair, just, and equitable to each of the parties and waives their respective right to have the
Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction
to make any determination or order affecting the respective parties' right to a divorce,
alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees
and costs of litigation.
20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants, or undertakings other
than those expressly set forth herein.
21. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
22. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
23. PRIOR AGREEMENTS: It is understood and agreed that any and all
property settlement agreements which may or have been executed prior to the date and
time of this Agreement are null and void and of no effect.
16
24. VOID CLAUSES: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and in all
other respects this Agreement shall be valid and continue in full force, effect and operation.
25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
26. DISCLOSURE: The respective parties do hereby warrant, represent, and
declare and do acknowledge and agree that each is and has been fully and completely
informed of and is familiar with and cognizant of the wealth, real and/or personal property,
estate and assets, earnings and income of the other and that each has made a full and
complete disclosure to the other of his or her entire assets and liabilities and any further
enumeration or statement thereof in this Agreement is hereby specifically waived, and the
parties do not wish to make or append hereto any further enumeration or statement. Each
of the parties hereto further covenants and agrees for himself or herself and his or her heirs,
executors, administrators and assigns, that he or she will never, at any time hereafter, sue
the other party or his or her heirs, executors, administrators or assigns, in any action or
contention, direct or indirect, that there was any absence or lack of full disclosure, fraud,
duress, undue influence, or that there was any absence or lack of full, proper, and
independent representation.
27. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
28. DATE OF THIS AGREEMENT: The date of this Agreement shall be the date
on which the Agreement is signed by both parties. In the event the parties do not sign this
17
Agreement on the same day, the date of the Agreement shall be the date that the last party
has executed the Agreement.
29. CONTRACT INTERPRETATION: For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was
prepared jointly by the parties.
IN WITNESS WHEREOF, and in recognition of the 29 foregoing paragraphs, the
parties have hereunto set their hands and seals the day and year first above-written.
WITNESS:
LESLIE G. CA
DAVID C. BAKER
18
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ?-? I SS.:
14 .
On this the .day of XAS , 2010, before me, the undersigned officer,
personally appeared LESLIE G. CARR, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires: commoNwEWH OF PENNSYLVANIA
Notarial Seal
Jeanne M. Barnhart, Notary Public
COMMONWEALTH OF PENNSYLVANIA My Commission ission ExExpires pires Juunne 7, 201
201
) 1
COUNTY OF SS.:
On this the /3 0-- day of c , 2010, before me, the undersigned
officer, personally appeared DAVID C. BAKER, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires:
Notarial Se3i
Only L. Brandt, Notary rlu' ir;
Madleton Twp., Cumbedand
?y -, r,sr fission Expires May 2, 2
t'r'••trylvania Asscciaticn o` .. .
19
2010 Erg `r'19 Ph 3:43
Todd C. Hough, Esquire
Attorney LD. No. 91060
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P. O. Box 1245
Harrisburg, PA 17108-1245
Tel.• 717-233-6633
Fax: 717-233-7003
Attorneys for Plaintiff
DAVID C. BAKER,
Plaintiff
'j, y
lc' y0V i"I?;r.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-8603 CIVIL TERM
vs.
LESLIE G. CARR,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
To the Prothonotary:
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) or
Section 3301 (d) of the Divorce Code.
2. Date and manner of service of the original Complaint: Service of the original
Complaint in Divorce was made on December 16, 2009, via U.S. Mail, upon Debra D.
Cantor, Esquire, counsel for Defendant. Fully executed Acceptance of Service form was
returned on December 18, 2009, by Debra D. Cantor, Esquire, to Laurie A. Saltzgiver,
Esquire, then-counsel for Plaintiff. Ms. Saltzgiver filed the original Acceptance of Service
form with the Cumberland County Prothonotary via U. S. Mail, First Class, on December 21,
2009. A copy of the clocked-in Acceptance of Service form is attached hereto.
3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce
Code: May 13, 2010 by Plaintiff; May 14, 2010 by Defendant. Plaintiff's Affidavit was
filed with the Prothonotary contemporaneously with the filing of this Praecipe.
Defendant's Affidavit was filed with the Prothonotary contemporaneously with the filing of
this Praecipe.
4. There are no related claims pending.
5. Indicate date and manner of service of the Notice of Intention to File
Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or
3301(d)(1)(i) of the Divorce Code: Plaintiff's Waiver was executed on May 13, 2010.
Defendant's Waiver was executed on May 14, 2010. Plaintiff's Waiver was filed with the
Prothonotary contemporaneously with this Praecipe. Defendant's Waiver was filed with
the Prothonotary contemporaneously with this Praecipe.
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
Date: s? s iv By:
Toda C. Hough, Esquire
Attorney I.D. No. 91060
225 Market Street, Suite 304
P. O. Box 1245
Harrisburg, PA 17108-1245
Tel: 717-233-6633
Fax: 717-233-7003
Attorneys for Plaintiff
DAVID C. BAKER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 09-8603
LESLIE G. CARR, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
ACCEPTANSE OF SE
OF COMPLAINT IN DIVM'
I, Debra Denison Cantor, Esquire, counsel for Leslie G. Carr, Defendant in the above-
captioned matter, certify acceptance of service on behalf of Leslie G. Carr, Defendant of a
copy of the Complaint in Divorce filed by Plaintiff, David C. Baker on December 14, 2009
and that I am authorized to do so.
Date: D4q
D D ' on Cantor, Esquire
McNees, Wallace & Nurick
100 Pine Street
Harrisburg, PA 17101
(717)237-5297
Counsel for Defendant
MEYERS. DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108
(717) 238.0428 • FAX(717)236-2817
1w-11.1;.1,1- 0r,:i IOE A?
OF TTf Pgr11C ONOTARY
1009 DEC 22 PM 12: 53
r
1 b ? /? ?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID C. BAKER
V.
LESLIE G. CARR
NO. NO.09-8603
DIVORCE DECREE
AND NOW, ; ~~~, ~-~ ~ ~`U , it is ordered and decreed that
DAVID C. BAKER plaintiff, and
,
LESLIE G. CARR ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
THE ATTACHED MARITAL SETTLEMENT AGREEMENT IS INCORPORATED WITH BUT
NOT MERGED INTO THIS DECREE.
By the Court,
CIVIL TERM
~~ .~~"~ /~~ C'~- Cep ,•~~ ~~ ~~ ~~ ~~
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