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HomeMy WebLinkAbout10-0468GARY 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 JAMES T. CHAVIS, Plaintiff V. ERNESTINE S. CHAVIS, Defendant IN THE COURT OF COMMON PL44S Q CUMBERLAND COUNTY PENNS LVANI N , CIVIL ACTION - LAW NO. 10 - 468 ?v I tPr ?" ?' _. {... .r (E t IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody 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 $ -AA ( 50 PA p1T?t,/ Cumberland County Bar Association 32 S. Bedford Street 415 G Carlisle, PA 17013 Q a3?,lo01(0 ?c? (717) 249-3166 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 JAMES T. CHAVIS, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNESTINE S. CHAVIS, Defendant CIVIL ACTION -LAW NO. 4erM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from t he a bove n amed Defendant, u pon t he grounds hereinafter more fully set forth: COUNT I - DIVORCE 1. Plaintiff is James T. Chavis, who currently resides at 6131 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania 17050, having so resided since January, 2008. 2. Defendant is Ernestine S. Chavis, who currently resides at 6131 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania 17050, having so resided since January, 2008. 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 June 30, 1990, in Louisiana. 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. Respectfully submitted, Date: /10 B J Y• V4? A G . 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 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 unsworn falsification to authorities. PgJT. V2010 Date James T. Chavis 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 JAMES T. CHAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ..a NO. 10-468 CIVIL TERM `- -TI ERNESTINE S. CHAVIS, Defendant IN DIVORCE AFFIDAVIT OF SERVICE -? =:- I, Gary L. Rothschild, Esquire, being duly sworn according to law, depose an ay that I served a copy of the Complaint in Divorce, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows: Ms. Ernestine S. Chavis 6131 Charing Cross Mechanicsburg, PA 17050 The return receipt card is attached hereto as evidence of service. Date: Z12/O Sworn and Subscribed to Before me this /Z day of February, 2010. By: ?? G L. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff NOTARY P LICr '"M WNW90 tN OIL' L.vAW My Commission Expires: WTARK SEAL. Pnb? ICY S. 000OWN, No" Putdc WW P"M T", My E*ku Cammiaion MCI, ZOi3 :L .• .1L .^.Ca ? _ 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 JAMES T. CHAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 10-468 CIVIL TERM ERNESTINE S. CHAVIS, Defendant IN DIVORCE ¦ Complete Items 1, 2, and 3. Also oo item 4 If Restricted Delivery Is desire ¦ Print your name and address on the so that we can return the card to yo ¦ Attact is card to the back of the n or on'? Ffrant if space permits. 1. Article Akessed to: r Ms. Ertestine S. Chavis 6131 Charing Cross Mechanicsburg, Pennsylvania 17050 ? Agent ? Addressee B. ceived by (Printed Name) C. Date of Delivery BLS D. Is delivery 7-'F ? Yes If YES, entess tW..' vow 2 2014 3. Service Type \, U $ p )(Certified mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Ex6a Fee) NrYes 2. Article Number 7006 2762 0005 0451 8560 (liwmW from service label PS Form 3811, February 2004 Domestic Return Receipt 102996.02-M-1540 SERVICE OF DIVORCE COMPLAINT James T. Chavis, Plaintiff 10-468 Civil Term vs Case No. Ernestine S. Chavis, Defendant r- .V!R w .. rn rya Statement of Intention to Proceed � r''1�� -,� -�rr-� C:) { To the Court: DC-- r Plaintiff James T. Chavis Z ' Plaintiff, � intends to proceed with the above captio�iatt� Print Name Gary L. Rothschild Sign Name Date: Attorney for Plaintiff, James T. Chavis � / Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. JAMES T. CHAVIS, : TN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 10-468 Civil Term ERNESTINE S. CHAVIS, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed „ - on January 21, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 unsworn falsification to authorities. Date:/9'JZ"./Q 2z)/' James T. Chavis, Plaintiff JAMES T. CHAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 10-468 Civil Term ERNESTINE S. CHAVIS, Defendant : IN DIVORCE C) WAIVER OF NOTICE OF INTENTION TO REOUEST 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. Date: /Sp2(,/c, By: 41, ames T. Chavis, Plaintiff JAMES T. CHAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LAW No. 10-468 ERNESTINE S. CHAVIS Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) and/or (D) of the filed on January 21, 2010. C-3 4—e ••••"" 7: —0 Divq_fe.P.Codc was' 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. 1 consent to the entry of a final decree of divorce, and have signed the Waiver of Notice of Intention to Request Entry ofDecree. 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: G\ - c - Signature: Ernestine S. avis, Defendant JAMES T. CHAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANq. v. CIVIL ACTION LAW No. 10-468 ERNESTINE S. CHAVIS, Defendant 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. C") cE CD r • C") 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 decree in divorce 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: (1 - - Signature: Ernestine S. Chavis, Defendant JAMES T. CHAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-468 CIVIL : CIVIL ACTION - LAW ERNESTINE S. CHAVIS, Defendant IN DIVORCE ;711° PRAECIPE TO WITHDRAW COUNT w r- 7> c) TO THE PROTHONOTARY: Please withdraw Count II- Equitable Distribution, in the above -captioned matter, as this claim has been resolved by the parties pursuant to a Matrimonial Settlement Agreement. Respectfully submitted, CD -11 T1 CDfl Date: 1,15// By: Iyarz... Ro schild, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James T. Chavis, Plaintiff V. Ernestine S. Chavis, Defendant CIVIL ACTION - LAW : No. 10-468 : IN DIVORCE MARITAL SETTLEMENT AGREEMENT cm• 1/40 THIS AGREEMENT made and entered into this // day of 5tp le hi her Aryri+2014, between Ernestine S. Chavis ("Wife") residing at 49 Forest Drive, Mechanicsburg, Pennsylvania 17055 and James T. Chavis ("Husband") residing at 6131 Charing Cross, Mechanicsburg, Pennsylvania 17050. WHEREAS, Husband and Wife were married to each other on" June 30, 1990 in the State of Louisiana. WHEREAS, a breakdown of the marriage has arisen between Husband and Wife and we are now living separate and apart from each other after almost 25 years of marriage. WHEREAS, it is the desire and intention of Husband and Wife to settle by agreement of their marital affairs with respect to 1) alimony, maintenance or spousal support, 2) retirement and pension accounts, and 3) distribution of the personal property, debts, vehicles and all other items represented by the contents of this Marital Property Settlement Agreement, herein after referred to as "the Agreement" or "Agreement" . NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, Husband and Wife mutually agree to the following: 1. ALIMONY, MAINTENANCE, OR SPOUSAL SUPPORT: a. HUSBAND hereby agrees to pay wife the sum of Eighty-one Thousand dollars [$81,000.00] of alimony, through sixty (60) monthly payments of One -thousand three hundnd and fifty ($1,350.00) dollars directly to WIFE, commencing on the first day of the month following execution of this Agreement, as governed by the following conditions. The parties agree that said alimony amount is not and shall not be modifiable by either party but shall cease upon the earliest of the following events:• 1) payment by HUSBAND in the amount of $81,000.00 to WIFE; 2) remarriage of WIFE; 3) death of HUSBAND; or 4) death of WIFE; This Agreement has been negotiated on the assumption that the payments described in this paragraph 1, shall be deductible by HUSBAND and includable as income of WIFE. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this paragraph 1 shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code and that, accordingly, all such payments shall be included in WIFE' S gross income and deductible by HUSBAND for 2 federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. WIFE hereby waives, releases and relinquishes any and all claim to or for spousal support, alimony, alimony pendent elite, or other financial contribution by HUSBAND tov.ard her support and maintenance other than payments agreed upon in this Paragraph 1 and 2. HUSBAND hereby waives may releases and relinquishes any and all claim to or for spousal support, alimony, alimony pendent elite, or other financial contribution by WIFE toward his support and maintenance other than payments agreed upon in this Paragraph 1 and 2. 2. RETIREMENT AND PENSION ACCOUNTS: a. Husband additionally agrees to execute any and all documents to effectuate an additional $1650.00 per month in payments to WIFE from his pension or pensions related to his prior employment and/or service in the United States Armed Forces. Whatever the source, said payments shall cease upon the death of HUSBAND or WIFE. Both parties affirm, by executing this document that they are not in receipt whether it be actual or constructive notice of a diagnosis of a fatal disease in which death is a foregone conclusion. It is further understood that this amount may have to be paid in accordance with the requirements of the Government of the United States, including the possibility of the parties executing a Qualified Domestic Relations Order, hereinafter known as a "QDRO that will ultimately be 3 submitted to the Cumberland County Court of Common Pleas. It is further agreed that the parties shall cooperate in having a QDRO prepared by Conrad Siegel Actuaries and then submitted to the Cumberland County Court of Common Pleas for execution. b. HUSBAND and WIFE hereby agrees to waive any other rights or claims that Wife has now or in the future to receive any economic or financial interest from Husband's retirement and pension accounts aside from those specifically referenced in the above paragraphs and their subsections. c. The process of preparing, executing and submitting a QDRO shall not be governed by paragraph 8 and 9 of this Agreement. However, the parties shall cooperate in the prompt submission of all documents needed to effectuate the preparation and submission of the QDRO. 3. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall interfeie with the other or attempt to endeavor to interfere with the quiet enjoyment of the life of the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, 4 separate and apart from the other. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasioned the disputes or unhappy differences. 6. SUBSEQUENT DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non -prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice simultaneously with the execution of this Agreement. It is further agreed that Counsel for Husband, as the filing party will prepare and effectuate the Praecipe and Divorce Decree for filing with the Court of Common Pleas of Cumberland County to finalize and ultimate bring the above captioned action to an end. 7. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding, enforceable and conclusive upon the parties. 8. EFFECTIVE DATE: The effective date of this Agreement shall be the date of execution or execution date, defined as the date upon which the same is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the date of execution or execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 9. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall take place within twenty-one (21) days of the before referenced effective date, which has previously been 6 defined as the effective date of this Agreement in ¶8, unless the same is otherwise provided for herein, or mutually agreed upon by the parties in writing. 10. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit -claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, 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 and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 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 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, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all 7 rights and agreements and obligations of whatsoever nature arising or which may aris,under this AgTement or for the breach of any provisionsthereof. It is the intention of HUSBAND and WIFE to give 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 aainst the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other • • 'of' jurisdiction. , ' . • 11. WARRANTY AS TO EXISTING OBLIGATIONS:. • • Each party represents that theyll-liaye notheretofore incurred or contracted for any debt or liability or obligatiqn for which the estate of the otherprty:rnay ;be responsible orliable 1 except as may be provided for in this Agreement. Each party agreest2 indemnify and hold the other party harmless from 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 obligationsarising out of this Agreement. 8 t agrees that she shall indemnify and hold HUSBAND harmless from said debt. b. Vehicles WIFE shall maintain possession of her Mazda CX9, SUV, 2010 and HUSBAND shall execute any and all documents necessary to effectuate ownership of said vehicle to WIFE upon HUSBAND' s satisfaction of the monthly payments on said vehicle. WIFE will likewise execute any and all documents necessary to effectuate the transfer of HUSBAND' S Jeep Cherokee automobile into HUSBAND' s name. It is specifically contemplated that due to certain loan guarantees that may have been made jointly by the parties during the marriage that HUSBAND specifically agrees that as of the date of execution and in a consistent timely fashion each and every month thereafter, HUSBAND shall submit to the titleholder/lender of WIFE' s vehicle the precise amount that is do for WIFE' s car loan payment. It is specifically agreed that said funds are only to be applied for WIFE' s car loan and HUSBAND warrants they will only use said funds for the stated purpose of paying down the respective car loan. Any self dealing or missed payments by HUSBAND will result in a negative financial impact to the parties, up to and including but not limited to negative credit report entries and repossession of said vehicles. In the event of a breach, the other shall pay the reasonable cost of the litigation, credit rating 10 remediation and reasonable attorney fees associated with the breach and the remedial steps of the injured parties. c Household items It is further agreed that all the furniture and household personal effects from the marital residence have been divided by the parties to the satisfaction of both parties. d. Miscellaneous items All items that were the joint property of the parties shall become the property of HUSBAND except those items of personalty including WIFE's personal effects, specifically retaining ownership of one (1) tan/taupe throw blanket that was a gift to WIFE. Herein after the remaining property in the residence shall become the sole property of HUSBAND. 14. REAL PROPERTY: WIFE shall, prior to or contemporaneously with the execution of this Agreement, execute a deed, to be prepared by Wife' s Counsel, conveying, transferring and granting to HUSBAND any right, title and interest WIFE has in the real estate situate at 6131 Charing Cross, MECHANICSBURG, PENNSYLVANIA 17050. HUSBAND hereby agrees that within six (6) months of the date of this Agreement, HUSBAND shall refinance the mortgage, if the same is in the joint names of the parties, into his own name. From the date of the Agreement [and 11 confirmed by the actions of the parties immediately prior to execution of this Agreement], HUSBAND agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and HUSBAND further covenants and agrees to hold WIFE harmless from any .such liability or obligation. WIFE further waives any and all rights and claims Wife has or may have to said real property. 15. 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 transfer and subject to the carry-over basis provisions of said Act. 16. 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. 12 17. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 18, 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. 19. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow' s allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other' s estate, and each will, at the request ot 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 such interests, rights and claims. 13 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. It is specifically acknowledged herein that this complete and final Agreement consists of sixteen (16) type -written pages. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 22. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. 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. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be 14 separate and independent Agreement. 25. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non -disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 26. 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 15 insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 27. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 28. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date and year first above written. es T. Chavis, Husband Rothschild, Esq. for Husband Ernestine S. , ' e Michael 0. Pal mo, Jr., ife 16 JAMES T. CHAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYIVA v. ERNESTINE S. CHAVIS, Defendant : NO. 10-468 CIVIL : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1 Ground for Divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail to the Defendant Feb. 12, 2010. Affidavit of Service filed February 18, 2010. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff 9/19/14 ; By Defendant 9/09/14. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 10/01/14; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 10/01/14. Date: it/3XY Respectfully submitted, By: G . 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 JAMES T. CHAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ERNESTINE S. CHAVIS, Defendant NO. 2010 —468 CIVIL TERM DIVORCE DECREE AND Now, Q T �Q/7', it is ordered and decreed that JAMES T. CHAVIS , plaintiff, and ERNESTINE S. CHAVIS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if 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: None. Further, the Marital Settlement Agreement, executed by the parties and dated September 19, 2014, attached hereto, is incorporated herein for purposes of enforcement but shall not be merged into said decree. The parties are ordered to comply with the terms of said Agreement. BY TH R Attest: Judge P othonotary Oe,r+ Opy rna i I6c(4o ai44 Ro%schtld Nof iG--4 Ma►),Et4 -to a" Pale-mo,Jr Ma;led 1o�i51�� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :3(31 rn L C6\vj Plaintiff Vs : File No.,upo- 4107 CMI 1:errri IN DIVORCE ECIUSWY1-11 S Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, CD cz) " C=3. -<" Co or V after the entry of a Final Decree in Divorce dated Ock)Aszx \ , 2.5D1 hereby elects to resume the prior surname of 42sLe_gevnoft4o , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: qs, Signature of name1being resumed COMMONWEALTII OF PENNSYLVANIA ) COUNTY OF eiMirreddnij On the /1114day of A49 V , 200t_q, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. 3.00 (18(54 pyfr313W Protho o ary or Notary Public Prothcootiy, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 .7:74 James T. Chavis Plaintiff flrf• THE PROTHONOTA 2B NOV 2 1 AM 10: :17 OUIIBEIIAND COUNTY PENNSYLVANIA vs. Ernestine S. Chavis Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 10-468 Civil Term MILITARY QUALIFYING COURT ORDER 1. This Military Qualifying Court Order ("Order) creates and recognizes the existence of the Former Spouse's right to receive a portion of the benefits payable with respect to the Member. The Member and the Former Spouse intend that this Order qualify under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. The jurisdiction requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. The court has the authority to divide military retired pay under USFSPA's jurisdictional requirements since the Member consents to the jurisdiction of this court. 2. This Order is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This Order relates to the provision of marital property rights to the Former Spouse. 4. This Order applies to the Military Retirement System ("Plan") and any successor thereto. James T. Chavis ("Member) is a Member in the Plan. Ernestine S. Chavis ("Former Spouse") is the Former Spouse for the purpose of this Order. 5. The Member's name, mailing address, Social Security number and date of birth are: James T. Chavis 6131 Charing Cross Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Former Spouse's name, mailing address, Social Security number and date of birth are: Ernestine S. Chavis 49 Forest Drive Mechanisburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum 7. The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 8. The Member's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the Member's affirmative signature on the Divorce Decree and/or Marital Settlement Agreement. 9. This Order assignshuFonnar8pouoe anamount equal ho$1.444.UOper month nfthe Member's disposable military retired pay under the Plan. 10. Payments to Former Spouse shall commence as soon as administratively feasible following the date this Order is approved by the appropriate Military Pay Center. 11 shal! continue to Former Spouse for the remander of the Member's Iifetime. If the Former Spouse dies before the Member, the Former Spouse's share of the Member's disposable military retired pay shali revert to the Member. 12. The Member and Former Spouse agrethat the Former Spouse wifl not be named or maintained as a beneficiary under the Survivor Benefit Plan. 13. The Member and the Former Spouse acknowledge that they were married for a period of more than ten years during which time the Member performedmore than ten years of creditable miitary service. The parties were married on June 30, 1990, separated on June 5, 2009, and were divorced on October 14, 2014. 14. The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. The Former Spouse agrees to notify DFAS about any changes in the Qualifying Court Order or the Order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 16. The Former Spouse shall be liable for any federal, state or local taxes associated with any payments made directly to her from DFAS. 17. The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Navy may require to certify that the disposabJe military retired pay can be provided to the Former Spouse. 18. The parties acknowledge that the foliowing items must be sent by the Former Spouse to DFAS-HGA/CL, Assistant General Counsel for Garnishment Operations, P.O. Box 998002, Cleveland, OH 44199-8002. The Member agrees to provide any of this information to the Fomier Spouse at the Former Spouse's request and to make aH necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. a. Deemed Election Letter b. A certified copy of the Divorce Decree and Separation Agreement, if applicable. c. A certified copy of this Military Qualifying Court Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Chavis. e. An executed copy of Form 2293 entitled "Application for Former Spouse Payments From Retired Pay." 2 19. The Court shall retain jurisdiction to enter such further Orders as are necessary to enforce the award to the Former Spouse of the military retirement benefits awarded herein. Such orders may include, but not necessarily be limited to, orders modifying the percentage of disposable retired pay awarded to the Former Spouse or requiring the Member to pay alimony to the Former spouse to maintain the intent of this Qualifying Court Order should Member waive retirement pay to receive disability compensation or should Member elect to merge his military retired pay with another federal employee retirement plan. Accepted and Ordered this of Nevem , 2044 CONSENT TO ORDER: Judge Spo/?/ us Date Ax°ney for Plaintiff/ CoMember Date 3 Attorney for Defenda ADDENDUM TO MILITARY QUALIFYING COURT ORDER For Submission to Defense Finance Accounting Service Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Defense Finance Accounting Service when submitting the court certified copy of the Qualifying Court Order. Do NOT file the Addendum with the court. Member Information Name: James T. Chavis Address: 6131 Charing Cross . Mechanicsburg, PA 17050 SSN: 434-37-4958 Date of Birth: December 27, 1967 Member Attorney's Information Name: Gary L. Rothschild, Esq. Address: 2215 Forest Hills Dr., Suite 35 Harrisburg, PA 17112 Phone Number: (717) 540-3510 Former Spouse Information Name: Ernestine S. Chavis Address: 49 Forest Drive Mechanisburg, PA 17055 SSN: 436-65-8674 Date of Birth: December 14, 1963 Former Spouse Attorney's Information Name: Michael 0. Palermo, Jr., Esq. Address: Palermo Law Offices 3300 Trindle Road Camp Hill, PA 17011 Phone Number: (717) 635-9591 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: DFAS-HGA/CL Assistant General Counsel for Garnishment Operations P.O. Box 998002 Cleveland, OH 44199-8002 raj C