HomeMy WebLinkAbout10-0467GARY L. ROTHSCHILD, ESQUIRE
PA Supreme Court I.D. # 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
Tele. (717) 540-3510
Fax. (717) 540-3512
Glrothlaw@comcast.net
Attorney for Plaintiff
TINA M. CANNON,
V.
HUGH J. CANNON,
Plaintiff
Defendant
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IN THE COURT OF COMMON PLEA§
CUMBERLAND COUNTY, PENNSY LVANIN
CIVIL ACTION - LAW
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NO. 10 - ?(07 IV1j Terra 1 N
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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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 the 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. 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
*17D.60 PO
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GARY L. ROTHSCHILD, ESQUIRE
PA Supreme Court I.D. # 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
Tele. (717) 540-3510
Fax. (717) 540-3512
Glrothlaw@comcast.net
Attorney for Plaintiff
TINA M. CANNON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
HUGH J. CANNON, NO l U - yC 7
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE
AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire,
and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds
hereinafter more fully set forth:
COUNT I - DIVORCE
1. Plaintiff is Tina M. Cannon, who currently resides at 6 Paddock Lane, Camp Hill,
Cumberland County, Pennsylvania 17011, having so resided since December, 1997.
2. Defendant is Hugh J. Cannon, who currently resides at 611 Poplar Church Road, Camp
Hill, Cumberland County, Pennsylvania 17011, having so resided since December, 2009.
3. Plaintiff and Defendant are sui juris and have been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 6, 1990 in Camp Hill, Cumberland
County, Pennsylvania.
5. The 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.
6. There has been no prior action for divorce or annulment between the parties.
7. The marriage is irretrievably broken.
8. The Defendant is not a member of the Armed Services of the United States or any of its
allies.
9. The Plaintiff and Defendant are both citizens of the United States.
10. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to:
a) enter a Decree in Divorce from the bonds of matrimony, and
b) such other relief as the Court may deem equitable and just.
COUNT II
EQUITABLE DISTRIBUTION
11. Paragraphs one through ten are hereby incorporated by reference herein as if fully set
forth.
12. Plaintiff and Defendant possess various items of personal and real marital property which
are subject to equitable distribution by the Court.
13. Plaintiff requests equitable distribution of the parties' personal and real marital property.
WHEREFORE, Plaintiff prays that Your Honorable Court:
(a) Equitably divide and distribute all property owned by the parties; and
(b) Grant such further relief as the Court may deem equitable and just.
COUNT III - ALIMONY PENDENTE LITE AND ALIMONY
14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if fully
set forth.
15. Plaintiff lacks sufficient property to provide for her reasonable needs.
16. Plaintiff is currently self-employed on a full-time basis, earning approximately twelve
thousand ($ 12,000.00) dollars per year, but lacks sufficient resources to care for herself.
17. Defendant earns approximately seventy thousand ($ 70,000.00) dollars per year.
18. Defendant has sufficient income to provide continuing support for Plaintiff and to pay her
Alimony Pendente Lite and alimony.
19. Plaintiff lacks sufficient property, including, but not limited to, any property distributed
pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs.
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) Grant Plaintiff Alimony Pendente Lite sufficient to care for herself.
(b) Grant the Plaintiff Alimony sufficient to care for herself.
(c) For such further relief as the Court may deem equitable and just.
COUNT IV - LEGAL FEES AND COSTS
20. Paragraphs one (1) through nineteen (19) are incorporated herein by reference as if fully
set forth.
21. Plaintiff is self-employed on a full-time basis, earning approximately twelve thousand
($ 12,000.00) dollars per year but lacks sufficient funds to carry on this matter.
22. Defendant is employed on a full time basis earning approximately seventy thousand
($ 70,000.00) dollars per year.
23. By reason of the institution of the action to the above term and number, Plaintiff will be
and has been put to considerable expense in the preparation of her case, in the employment of counsel
and the payment of costs.
24. The Defendant's income is disproportionately higher than Plaintiff's income, and should
the Defendant withhold his current contributions to the Plaintiff, the Plaintiff will be without adequate
income to pay the costs and expenses of this litigation, and likewise, will be without adequate income
to maintain herself during the pendency of the litigation.
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) Award Plaintiff reasonable counsel fees and expenses.
(d) For such further relief as the Court may deem equitable and just.
Respectfully submitted,
t
Date:
By:
Gary V. Rothschild, Esquire
Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
Tele. (717) 540-3510
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
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Date Tina M. Cannon, Plaintiff
GARY L. ROTHSCHILD, ESQUIRE
PA Supreme Court I.D. # 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
Tele. (717) 540-3510
Fax. (717) 540-3512
Glrothlaw@comcast.net
Attorney for Plaintiff
TINA M. CANNON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
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V. CIVIL ACTION -LAW
NO. 10 - 467 CIVIL TERM
HUGH J. CANNON, r= . C T
Defendant IN DIVORCE o
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ACCEPTANCE OF SERVICE
I, Hugh J. Cannon, the above-named Defendant hereby affirm that I received and ac cepted
service of Plaintiff's Complaint In Divorce Under Section 3301 (C) or 3301 (D) Of The Divorce
Code on the date indicated below.
Date: 7)_31?
611 h'oplar Church Road
Camp Hill, PA 17011
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2012AUG27 PM I~ 43
~~ P E N $ YLV~ N A ~ Y IN THE COURT OF COMMON PLEAS
TINA M. CANNON,
Plaintiff :CUMBERLAND COUNTY, PENNSYLV.
v.
HUGH J. CANNON,
Defendant
NO. 10-467 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on June 2]
2010.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
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
request entry of the decree.
I verify that the statements made in this affidavit aze true and correct. I understand that
false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to
falsification to authorities.
Date: ~ I ~U f I Z By; ~ la ~ . ~d n ~n dV~
Tina M. Cannon, Plaintiff
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2012 AtlG 27 PM I: 44
CUPtt~ I~~.AN{~ CaUNT
TINA M. CAS~~~S Yl.VA NI A
Plaintiff
v.
HUGH J. CANNON,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV.
NO. 10-467 CIVIL TERM
CIVIL ACTION -LAW
IN 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,
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
and that a copy of the decree will be sent to me immediately after it is filed with
prothonotary.
I verify that the statements made in this affidavit aze true and correct. I understand that
false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to
falsification to authorities.
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Date: 1 ~ ~b ~ ~ 2 By: ~ ~ ~1 • Cd n n C~
Tina M. Cannon, Plaintiff
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TINA M. CANNON ~~~ ~~~A~~NTY
Plaintiff
v.
HUGH J. CANNON,
Defendant
IN THE COURT OF COMMON PbEAS
CUMBERLAND COUNTY, PENNSYLV
NO. 10-467 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on June 21
2010.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
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 i
request entry of the decree.
I verify that the statements made in this affidavit aze true and correct. I understand that
false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to
falsification to authorities.
Date: ~'_(7 ' r ~ B
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TINA M. CANN~NSYLY,~NIQ
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENI~TSYLV.
v.
HUGH J. CANNON,
Defendant
NO. 10-467 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOVEST
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,
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
and that a copy of the decree will be sent to me immediately after it is filed with
prothonotary.
I verify that the statements made in this affidavit are true and correct. I undeirstand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
falsification to authorities.
Date: ~' 1 ~ _ C ^ By:
H gh J. on, efendant
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TINA M. CANNON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-467
CIVIL ACTION -LAW
HUGH J. CANNON,
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Defendant IN DIVORCE -C:r
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PRAECIPE TO WITHDRAW ECONOMIC CLAIMS
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please withdraw Counts II, III and IV of Plaintiffs Complaint In Divorce as these
matters have been resolved by the parties' Marriage Settlement Agreement.
Respectfully submitted,
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Date: By:
Gary L othschild, Esquire
Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 540-3510
Attorney for Plaintiff
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MARRIAGE SETTLEMENT AGREEMENT =C) -F3
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AGREEMENT MADE this day of , 2012, by and between TIN AM.
CANNON ("Wife") - A N D - HUGH J. CANNON ("Husband"), at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married on October 6, 1990,
at Harrisburg, Pennsylvania, and became separated on December 29, 2009; and
WHEREAS, two (2) children were born of this marriage; said children being: Keegan T.
Cannon, date of birth May 31, 1995, and Hailey L. Cannon, date of birth May 6, 1998; and
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 desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony and/or maintenance
of Husband by Wife or Wife by Husband; 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 foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree that a Divorce action has been filed by Wife
in Cumberland County, Pennsylvania, and they agree to the entry of a decree in divorce according to
Section 3301(c) of the Divorce Code of 1980. Wife and Husband shall at all times hereafter have the
right to live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other.
Neither party shall compel the other to cohabit or dwell with him or her by any legal or other
proceedings. The foregoing provision shall not be taken to be an admission on the part of either Wife or
Husband of the lawfulness or unlawfulness of the causes leading to their living apart..
The parties will execute Affidavits of Consent and Waivers of Notice no later than the signing of
this Marriage Settlement Agreement. If either party fails or refuses to execute and file the foregoing
documents, said failure or refusal shall be considered a material breach of this Agreement for which the
other may receive counsel fees and sanctions. Said breach does not entitle either Wife or Husband to
seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the
agreement as void for failure to execute the Consent and Waiver. Thereafter, counsel for Wife shall file
a Praecipe to Transmit Record and obtain a divorce decree.
2. Division of Property. Wife and Husband agree that the following constitutes an equitable
distribution of the marital property.
A. Husband's Property. The following property shall become the sole and exclusive
property of Husband:
1. 2003 Dodge Durango. Upon the execution of this Agreement, or as soon as
possible thereafter, prior to the termination of the marriage by divorce, Wife shall transfer
said automobile to Husband, free of any and all right, title, claim or interest of Wife, and
thereafter Husband shall be responsible for all insurance, licensing and maintenance costs.
2. Husband's Milton Hershey School Retirement and Annuity Plan held in his
TIA.A CREF Retirement and 403(b) SRA plan.
3. Husband's gun collection, his drum set and his computer.
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4. Any and all household goods and personalty currently in Husband's possession or
control.
B. Wife's Prove r . The following property shall become the sole and exclusive
property of Wife:
1. 2002 Jetta, subject to all existing liens and obligations. Upon the execution
of this Agreement, or as soon as possible thereafter, prior to the termination of the
marriage by divorce, Husband shall transfer said automobile to Wife, free of any
and all right, title, claim or interest of Husband, and thereafter Wife shall be
responsible for all insurance, licensing and maintenance costs.
2. Wife's Prudential Variable Appreciable Life Insurance Policy with a cash
value of approximately $1,708. on December 22, 2009.
3. Premier One Savings Account #3581 with a balance of $5,329.38 as of
February 3, 2010.
4. Totally Free Checking Account #7924 with a balance of $2,619.91 as of
January 12, 2010.
5. Any and all household goods and personalty currently in Wife's
possession or control.
C. Children's Proyerty. All assets belonging to the children are not subject to marital
property division.
Provided further that the ELOAN Certificates of Deposit and Metro Bank accounts
numbers ending in 9019 and 1373 in the names of Keegan and Hailey respectively shall be kept
in their names and for them.
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D. Satisfactory Division of Marital and Non-Marital Proyerty. Husband and Wife
hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and
non-marital assets, including but without limitation, business interests, partnerships,
inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance
policies or other securities, individual retirement accounts, 401(k), 403 (b) SRA, annuities,
employment benefits, checking and savings accounts, mutual funds and other assets, whether
real, personal or mixed, tangible or intangible.
E. Marital Home Proceeds. The parties sold their marital residence, situate at 6
Paddock Lane, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "Marital
Home") for approximately $240,000.00. Wife received the net proceeds from said sale of
approximately $35,000.00, after payoff of various debts and a mortgage, and utilized said
proceeds in the purchase of another home in Wife's name alone situate at 119 Sherman Street,
Enola, PA 17025. The parties agree that said receipt of the net proceeds by Wife is an
equitable division of the proceeds, and Husband hereby relinquishes and waives any and all
rights, claims, title or interest he had, has or may have now or hereafter in said proceeds or in
Wife's new residence.
If neither party wants aloint credit card after it is paid off, the card shall be cancelled and
proof must be provided by party paying off the account. If the account was not paid off by
settlement proceeds, Husband shall cancel the account unless he or Wife want the account, and
can remove the other party from liability.
3. 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
4
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. In the event
that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some
other reason not related to a party's under-reporting of income or claiming any improper deduction, such
additional liability shall be divided between the parties pro rata to their reported taxable income for that
tax year.
4. Additional Documentation. The parties agree to execute any deeds, assignments, titles or
other instruments necessary and appropriate to accomplish the aforesaid division of property.
5. Transfers Subiect to Existing Liens. Notwithstanding any other provisions in this
document, all property transferred hereunder is subject to the existing lien or liens. The respective
transferee of such property agrees to indemnify and save harmless the other party from any claim or
liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
6. Representations and Warranties. The parties represent and warrant to each other that the
property described in this Agreement represents all of the property in which they have any right, title and
interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or
charge except those which are disclosed herein.
7. Equitable Division. By this Agreement the parties have intended to effect an equitable
division of their jointly owned property. The parties have determined that an equitable division of such
property conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is not 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. It is the intention of the parties to treat all transfers herein as
non-taxable.
8. Relinquishment of Rights. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
9. After-Acquired Property. Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively in all respects and for all purposes as though he or she were
unmarried.
10. Debts & Liabilities. Wife and Husband acknowledge that various marital debts exist as
follows:
a. Wife's Prudential Variable Life Insurance Policy loan in the amount of $6,784.31 as of
12/22/2009 shall be the Wife's responsibility to pay. Wife shall indemnify and protect Husband
from any and all liability for any payments to maintain the policy and/or pay the loan off as it
currently exists.
Wife and Husband shall each be solely responsible for all debts, contracts, obligations and
liabilities in their respective names incurred at any time in the past unless and except as otherwise
6
specifically set forth in this Agreement, including but not limited to personal loans, charge accounts and
credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they
have not incurred, and in the future will not contract or incur, any debt or liability for which the other or
the estate of the other might be responsible.
11. Counsel Fees. Costs and Expenses. Each party shall be responsible for his or her own
legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their
marnage.
12. Mutual Waiver of Spousal Support. It is the mutual desire of the parties that hereafter
they shall each maintain and support themselves separately and independently of the other. Accordingly,
and in consideration of this Marital Settlement Agreement, Wife releases and discharges Husband,
absolutely and forever, for the rest of her life, from any and all claim or right to receive from Husband
temporary, rehabilitative, definite, or indefinite alimony, support or maintenance for the past, present or
future. Wife understands and recognizes that, by the execution of this Marital Settlement Agreement,
she cannot at any time in the future make any claim against Husband for alimony, support or
maintenance. Husband releases and discharges Wife, absolutely and forever, for the rest of his life, from
any and all claim or right to receive from Wife temporary, rehabilitative, definite, or indefinite alimony,
support or maintenance for the past, present or future. Husband understands and recognizes that, by the
execution of this Marital Settlement Agreement, he cannot at any time in the future make any claim
against Wife for alimony, support or maintenance.
Husband and Wife understand that Wife's receipt of all of the net proceeds of the sale of the
Marital Home is partial consideration for her waiver of spousal support above.
13. Child Support. Husband and Wife jointly acknowledge their responsibility to support
7
their minor children until they reach the age of eighteen (18) years or graduate from high school,
whichever later occurs. The parties agree that Husband shall pay a fixed amount of $900 per month for
both children, and then $650 per month when only one child is entitled to support. If Wife shall seek
higher child support through the legal system, any higher award shall simultaneously be considered
alimony payable by Wife to Husband.
14. Gerber Life Insurance Policies. Husband and Wife shall be the joint owners and the
joint beneficiaries, and proof of such change shall be provided to Husband yearly. Husband will
continue to pay 1/2 (one-half) of the premiums until each respective child reaches age 18, at which time
the policy shall be transferred to each respective child.
15. Health Insurance. Pending the entry of a divorce decree, Husband shall maintain and pay
for Wife's health insurance as provided and available through his current employment. If Husband loses
his current employment, this obligation ends.
16. Beneficiary Designations. Husband and Wife agree to maintain their current beneficiary
designations. Wife is the designated beneficiary on Husband's retirement accounts, and Husband is the
designated beneficiary on Wife's Prudential Variable Life Insurance Policy, until such time as the parties'
youngest child attains the age of eighteen (18 ) years. Upon the youngest child reaching age eighteen
(18), Husband and Wife shall cooperate in signing any paperwork necessary for each of them to remove
the other from all of the above-referenced beneficiary designations as well as any other accounts
unintentionally omitted.
17. Financial Disclosure. After consultation with their respective counsel regarding the
options for use of legal services in divorce, each party had the opportunity to request information and
receive copies of any documents requested including, but not limited to, statements regarding
8
investment, retirement, checking and savings accounts, deeds and real estate settlement sheets. Neither
party wishes to make or append hereto any further enumeration or statement. Each party warrants that
he or she is not aware of any marital asset which is not identified in this Agreement. Husband and Wife
represent to one another that their negotiations were in good faith and that each has fully and completely
disclosed all financial information in order to resolve the parties' property and support rights fairly. By
their signature on this Agreement, they reaffirm those representations, upon which each of them has
relied in making this Agreement.
The parties understand and acknowledge that they are relying on their mutual disclosure in
making this Agreement.
18. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
19. Indemnification. Each party represents and warrants to the other that he or she has not
incurred any debts, contracts, obligations, or other liabilities, other than described in this Agreement, on
which the other party is or may be liable.
Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated
seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim or demand,
9
whether or not well-founded, and that he or she will indemnify and hold harmless the other party in
respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action,
demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and
other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate
representation made by or on behalf of either Husband or Wife to the other in this Agreement, any
breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in
performance by Husband or Wife of any of the obligations to be performed by such party hereunder.
Husband and Wife agree to give the other prompt written notice of any litigation threatened or instituted
against either party which might constitute the basis for a claim for indemnity pursuant to the terms of
this Agreement.
20. Pension and Retirement Benefits. Wife hereby specifically releases and waives any and
all right, title, claim or interest that she may have in and to Husband's Milton Hershey School Retirement
and Annuity Plan held in his TIAA CREF Retirement Portfolio, Husband's 403(b) SRA, and to any and
all other. retirement benefits of Husband (including, but not limited to, pension or profit sharing benefits,
deferred' compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement
accounts or other similar benefits), specifically to include a waiver of any spousal annuity benefits,
and/or survivor benefits and/or beneficiary designations thereunder. Husband and Wife agree that each
shall execute any documents pursuant to the Requirement Equity Act or any similar act that may be
required from time to time to accomplish the purposes of this paragraph.
21. General Provisions. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
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representations or warranties other than those expressly set forth herein.
22. Fair and Equitable Contents. Wife retained as herlegal counsel Gary L. Rothschild,
Esquire. Husband retained David F. Tananini, Esquire, as his leO counsel. Each paty acknowledWs
receiving independent legal advice from counsel, includingall rights under the Divorce Code and other
applicable laws. 'the provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel. 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.
23. Method of Resolution for Future Issues. It is possible that in the future Wife and
Husband may have disagreements with one another concerning the interpretation of this Agreement and
the resulting decree based on the Agreement. The parties do not wish to resort to any court before
reasonable non-court alternatives have first been attempted to resolve any future issues. They have
agreed that it is in their best interests to try to resolve informally any disputes that may arise in the future
as set forth below, except in the case of urgent or emergency situations which would reasonably prevent
such resolutions or make them impracticable, and they agree that they will seek resolution by the
following steps:
a. The parties first will attempt in good faith to confer with one another directly in an
attempt to come to a fair and amicable resolution of any issue.
b. If there is no resolution after these steps have been taken in good faith, either party
may commence court proceedings.
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24. Breach. It is expressly stipulated that if either party fails in the due performance of any of
his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal
remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services
rendered by the non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
25. Modification. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
26. Severability. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
27. Notice Any notice to be given under this Agreement by either party to the other shall be in
writing and may be effected by registered or certified mail, return receipt requested. Notice to Wife will
be sufficient if made or addressed to the following:
Tina M. Cannon
119 Sherman Street
Enola, PA 17025
and to Husband if made or addressed to the following:
Hugh J. Cannon
c/o 611 Poplar Church Road
Camp Hill, PA 17011
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change
the address for notice to her or him by giving notice of that change in accordance with the provisions of
this paragraph.
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28. Applicable Law. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement.
29. Date of Execution. The "date of execution" or "execution date" of this Agreement shall
be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if
not on the same date, then the date on which the Agreement was signed by the last party to execute this
Agreement.
30. Agreement Not to be Merged. This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not waived or
released.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their
acknowledgment.
Witness:
Gnu:/
' VVq ?A TINA M. CANNON
A nrl ? I - (a (17y'k-
? tl
HUGH J. C
13
TINA M. CANNON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-467 CIVIL TERM n
CIVIL ACTION -LAW -vim "o ,
HUGH J. CANNON, rnrn M r -
Defendant IN DIVORCE !
-? Q' .
PRAECIPE TO TRANSMIT RECORD ° c
?i
P f
TO THE PROTHONOTARY: r.?
Please transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
1. Ground for Divorce: 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Acceptance of Service dated February
3, 2010, which was filed February 18, 2010.
3. Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: By Plaintiff 7/30/12 ; By Defendant 8/17/12.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: 8/27/12;
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: 8/27/12.
Respectfully submitted,
Date: By:
biryL. Rothschild, Esquire
Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
(717) 540-3510
Attorney for Plaintiff