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HomeMy WebLinkAbout10-1215i FILET,--, ,10E _ 2010 FEB 22 F ; 2: 4- Q JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®Qmail.com JAMES WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. MELANIE WILKINSON, Defendant No. ?0 f a- / s Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 on pda#l Cx 4s-V y JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com JAMES WILKINSON, Plaintiff VS. MELANIE WILKINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. b Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is James Wilkinson, a competent adult individual, who resides at 126 Milky Way, Shippensburg, Cumberland County, Pa. 17257. 2. Defendant is Melanie Wilkinson, a competent adult individual, who resides at 126 Milky Way, Shippensburg, Cumberland County, Pa., 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on March 25, 2002, in Ashland City, Tennessee. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two children together, namely, Issac M. Wilkinson, born March 17, 1999 and Eathan Wilkinson, bom June 30, 2000. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Plaintiff is active military; Defendant is not a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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 unswom falsification to authorities. Ja es Wilkinson, Plaintiff Respectfully rN 'IN J e Adams, Esquire I. P. No. 79465 9 a West South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF FILED-CfFICC Jr THE AF0TH0110TARY 2010 MAR 10 AM 9: 05 JAMES WILKINSON, IN THE COURT OF COMMON PLEAS CUPri ; (JUNTY Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAF"' vs. No. 10 - 1215 Civil Term MELANIE WILKINSON, ACTION IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Jane Adams, Esquire, do hereby certify that on February 24, 2010, 1 served a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE in the above-captioned matter upon the following individual(s) by certified mail, restricted, return receipt requested, addressed as follows: Melanie Wilkinson 126 Milky Way Shippensburg, Pa, DEFENDANT 17257 0 compis4 Nsrrts 1, 4 and & Also oompbb Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addressed to: a l,IflQa1 I? W i l Sal [ 1112(k Milk ? W l ^??S 7 A. Signature 13 B. Received by (Printed Name) E CW rt.IGt'1 j D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3. 'Type XCertlfled Mail ? Ewess Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. / 4. Restricted Delivery? (Ex6a Fee) 2. Article Number Mwaftr Snm service lebei) 7008 2810 0002 2 911 3738 PS Form 3$11, February 2004 --- Domestic Return Receipt 102596.02-M-1540 Ily Submitted: ,,. ne Adams, Esquire I. No.79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF t f 012 AFB? - P 3• n . -IJM ERLAfi JAMES WILKINSON, pp !d? S"?,??? IN THE COURT OF C?MMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10 - 1215 Civil Term MELANIE WILKINSON, ACTION IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on or about February 22, 2010 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees or 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. §4904 relating to unsworn falsification to authorities. Date: P+P L (a t LL?Ll Jame Wilkinson, aintiff JAMES WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAIAG g vs. No. 10 - 1215 Civil Term`' MELANIE WILKINSON, ACTION IN DIVORCE rn ° Defendant v`c° '? _ . ?4=1 yC a ZF; AFFIDAVIT OF SERVICE cra I, Jane Adams, Esquire, do hereby certify that on April 9. 2011, 1 served a true and correct copy of the AFFIDAVIT OF SEPARATION AND COUNTER-AFFIDAVIT in the above-captioned matter upon the following individual(s) by certified mail, restricted, return receipt requested, addressed as follows: Jerry A. Weigel .?? 126 E. King St. Shippensburg, Pa. 17257 DEFENDANT 0 Cornpiete start 1. 2py ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front H space pemtits. 1. Article Addressed to: K4 PA A. X E3 Agent E3 Addre B. Qtcetved bx(PrhKed?ne) C. Daft of G4 v- Z D. Is ddvery 1 -1 q 1 i dlRerent from Item 1? E3 Ned If YES, order delNery address below: 0 No 9, Service IW* it artiaed Mall a Expleea Mall 0 Regd O Retum Reoefpt for Merdmilse L_ Iruued M d 0 C.O.D. c? J ?1 a. 1 UWAlled DaMry't Ora Fee) ? yes 2. Article Nurnnesvlcs leber) 7011 2970 0000 4697 1509 (Aaneirerhrxf P3 Form 3811, February 2004 Domestic Retum Receipt 102e0502-WIIWO ; Date Respectfully Submitted: ?A V? e Adams, Esquire 1. No. 79465 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF JAMES WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 1215 Civil Term C 1 N C= (71 0 I? MELANIE WILKINSON, ACTION IN DIVORCE r Defendant s rNa MOTION FOR APPOINTMENT OF MASTER zp Defendant moves this Court to appoint a master with respect to the following claims: •=- Divorce (') Distribution of Property ( ) Annulment ( ) Support (x) Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Jerry Weigel, Esquire. (3) The statutory ground(s) for divorce is 3301(d) as the parties will have been separated for two S. (4) Delete the inapplicable paragraph(s): (a) The etetion is not contested. z rn (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. ?' (5) The action does not involve complex issues of law or fact. b (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. '• Date: ?. aef z AA?Q- Adams, Esquire 1 W. South St. Carlisle, Pa. 17013 ttorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this 2012, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: ga,,-P- qeij? ?. S -rr M--: r- -13M 77 )ell -e JAMES WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 1215 Civil Term =m = ?-- MELANIE WILKINSON, ACTION IN DIVORCE Defendant > r,• Q r± COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODI?Q > c w r 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: ? ,4 pvi I ZL I Z wG1.'vti C ?1 rl t,? ?4 e ---- Mcla ie Wilkinson, Defendant IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER- AFFIDAVIT. JAMES WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-1215 Civil Term MELANIE WILKINSON, ACTION IN DIVORCE c Defendant -03 ;z rnw wr -<> 70r C:)- COUNTER-AFFIDAVIT OF SEPARATION ? =-` 1. Plaintiff's Affidavit of Separation dated April 2, 2012, and filed on April 19, 2012 incorrectly states that the date of separation is February 22, 2010. The correct date of separation is June 12, 2010. 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. Dated: 2 -1 A p n ( 20a Me a Wilkinson, Defendant S JAMES WILKINSON, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 1215 Civil Term MELANIE WILKINSON, ACTION IN DIVORCE Defendant NOTICE TO PLEAD To: Jerry A. Weigle, Esquire 126 East King St. Shippensburg, Pa. 17257 -ax N v' ?? C - 3 2::X' r r..} r You are hereby notified to file a written response to the attached Petition for Additional Claims within twenty (20) days from service hereof or a judgment may be entered against you. Date: P- C yd- 12 Ja dams, Esquire 1o. 79465 7.-West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF James Wilkinson ,d ?aai, 4"Al-3 .Dl' y6 JAMES WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 1215 Civil Term MELANIE WILKINSON, : ACTION IN DIVORCE Defendant PETITION FOR ADDITIONAL CLAIMS AND NOW comes, James Wilkinson, by and through his attorney, Jane Adams, Esquire, and files the following Petition for Additional Claims against the respondent, Melanie Wilkinson, as follows: COUNT 1 - EQUITABLE DISTRIBUTION OF PROPERTY 1. Petitioner is James Wilkinson, who is the Plaintiff in a divorce action filed under the above-captioned number. His address is 8602 Harper Drive, Waynesboro, Pennsylvania, 17268. 2. Respondent is Melanie Wilkinson, who is represented by Jerry Weigel, Esquire. 3. The parties were married on March 25, 2002. 4. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 5. During the course of the marriage, the parties incurred numerous debts. 6. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property and debts. 7. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. 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 unswom falsification to authorities. mess Wilk' son, Plaintiff Respectfully submitted, oar, 7 1 11a J ,4e Adams, Esquire . No. 79465 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF JAMES WILKINSON, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVAI v. :No. 10-1215 Civil Term r;' c r-- ,r... r— MELANIE WILKINSON, :ACTION IN DIVORCE .-<v Defendant rC -- :c-.' AFFIDAVIT OF CONSENT 1- A Complaint in divorce under §3301(c) of the Divorce Code was filed on February 22,2010. 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. Dated. 1 (2. [ l 3 �-.-irt`.s_C O--vu x \i'U,1 4�--- Melanie Wilkinson,Defendant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JAMES WILKINSON, :IN THE COURT OF COMMON PLEAS ;. Plaintiff :CUMBERLAND COUNTY,PENNSYLVANISV rr7CO v. :No. 10-1215 Civil Term ; ►� "�I:._ MELANIE WILKINSON, :ACTION IN DIVORCE rte= cn L) Defendant N WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c)AND§3301(d)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. Dated: 7 2/ ! 3 4 C CU,u�• . L ` McPanie Wilkinson,Defendant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 u U O 201311 -5 p m 2: 52 CUMBERLAND CO��,,it �.,, JAMES WILKINSON, PENt SYLVA VI's" 4f-IE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 10 - 1215 Civil Term MELANIE WILKINSON, : ACTION IN DIVORCE Defendant : MARRIAGE SETTLEMENT AGREEMENT ild THIS AGREEMENT, made this day of —jv! 2013, by and between, JAMES WILKIN N, of Waynesboro, Pe sy ia, (hereinafter referred to as "Husband"), and MELANIE WILKINSO , of Clarksville, Tennessee, (hereinafter referred to as "Wife"); WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 25, 2002 in Ashland City, Tennessee; WHEREAS, the parties have two children; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: Page 1 W 4MY10MW -k\la--)j 1. DISCLOSURE OF ASSETS. Each party warrants that he or she is satisfied with the disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. If any disclosure has not been made, each party is indicating that by signing this agreement they are waiving said further disclosure. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently represented or fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such 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 such asset. 2. ADVICE OF COUNSEL. HUSBAND has employed and had the benefit of counsel of Jane Adams, Esquire, as his attorney. WIFE has employed and had the benefit of counsel of Jerry Weigle, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised or maintains that they are completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that HUSBAND has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating Page 2 W DMW to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or"execution date" of this . agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other Page 3 JJW r6W • party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. (c)The parties had a credit card account with USAA. The balance of that card was paid off from proceeds from the sale of the marital home, and the account was closed. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. §3501 et. seq. 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 marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Other than as provided herein, the parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if Page 4 "1 n11awMW any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 10. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. The parties hereby agree that the provisions of this Agreement shall not be dischargable in Bankruptcy, and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations he or she assumed hereunder, the other party shall have the right to petition the court under the above-captioned docket number or under the Bankruptcy to seek restitution and compensation from the other party for any amounts that he or she would otherwise not have been responsible for under the original marriage settlement agreement. These amounts shall include reasonable attorney's fees and costs for the filing of the petition, and any other reasonable associated costs. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: Each party shall retain the respective vehicles in their possession. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. REAL PROPERTY. The parties owned marital property purchased during the marriage which was located at 126 Milky Way, Shippensburg, Pennsylvania. That property has been sold and the proceeds were divided to both parties' satisfaction. Page 5 �JW�ryW 13. EMPLOYMENT AND RETIREMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, Thrift Savings Plans, military retirement plans and Incentive Savings Plans. The parties agree never to asst ny claim to such benefits of the other at any time in the future. /9-s56T4 ((v'w Wife hereby waives and releases all interest in Husband's military retirement. Husband shall make direct installment payments to Wife to effectuate Equitable Distribution of the marital portion of Husband's military pension and to compensate Wife for releasing all interest in Husband's military pension. Said payments are Equitable Reimbursement and not alimony. The amount of the payments shall be as follows: Starting on the day after the Divorce Decree is granted, Husband shall pay Wife an amount per month which equals $2000.00 minus the current monthly child support amount, due to Wife, until June 30, 2017. Starting on July 1, 2017, Husband shall pay a monthly amount which equals $1500 minus the current monthly child support payment due to Wife. On June 30, 2018, Husband's installment payments shall terminate and his obligation for Equitable Reimbursement shall be satisfied in full. Husband's payments shall be due by the last day of every month. Immediately upon the execution of this agreement, Husband shall make certain that Wife and both minor children, (Issac M. Wilkinson and Eathan D. Wilkinson) are named beneficiaries under Husband's military survivor Benefit Plan and furnish proof of the same to Wife within forty-five (45) days of the execution of this Marital Settlement Agreement. Should Wife predecease Husband during a time in which such payments are due, said payments shall be paid into Wife's estate. Page 6 Lt,_„JW MAY3MW If at any time should Husband become liable to any third party (including but not limited to a grandparent, Children and Youth Services, or another spouse) and be ordered to pay Child support during the term of this agreed upon payment to Wife under the Marital Settlement Agreement, payments to Wife of Wife's estate shall be reduced by the amount of child support Ordered. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Spousal support shall terminate as of the date of the divorce decree. 15. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separate income tax returns for the current year and in all subsequent years. Transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non- taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. Both parties acknowledge and agree that they have had the opportunity to retain their own accountants or tax advisors with reference to the tax implications of this Agreement. Neither party has been given any tax advice their attorney. Further, both parties have been advised by their respective attorneys to seek their own independent tax advice by retaining an accountant or other certified tax advisor. 16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to Page 7 `...JWrW IW remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. In the event of the breach of this agreement by either party, the non-breaching party shall have the right to seek monetary damages for such breach, Page 8 ,-W CYVh imw where such damages are ascertainable, and/or seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses, and reasonable attorney fees incurred by the successful party, whether petitioner or respondent, in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. The parties agree that any enforcement action may be filed under the Cumberland County Civil Docket Number associated with the divorce complaint. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: 1 ' - (J-'e Adams, Esquire Ja ilkinson, Husband W. South St. arlisle, Pa. 17013 )//) ,) (717) 245-8508 Attorney for Husband 0= toad, v 1 J"=pry A. eigle, Esquire Me anie Wilkinson, Wife 126 East King St. Shippensburg, Pa. 17257 Date: .70._/1 (717) 532-7388 Attorney for Wife Page 9 `�W W COMMONWEALTH OF PENNSYLVANIA ):ss COUNTY OF CUMBERL/pD On this, the day of (/ft�'� , 2013, before me, the undersigned officer, personally appeared MES WILKI ON known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � � /1,, ' /, N. .ry Pu Mfr NOTARIAL SEAL commi sion expiresdANE ADAMS Notary Public SEAL CARLISLE BORO., CUMBERLAND COUNTY My Commission Expires Sep 6, 2016 S-kl- i ):ss COUNTY OF MOI'Tigoroe i ) On this, the 2 day of ■ L , 2013, before me, the undersigned officer, personally appeared MELANIE WILKINSON known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Ck`fIHITTED .�=`S . L:A offer EN �P�y ot:ry 'ublic QvA\ OJ G .mmission expires: O(o 15 ••NTGOMx--y SEAL Page 10 �w -Mw JAMES WILKINSON, IN THE COURT OF COMMON PLEA�m c Plaintiff CUMBERLAND COUNTY, PENNSYL%ftAF, -<> c i vs. No. 10 - 1215 Civil Term t� c p 3>c-> =o MELANIE WILKINSON, ACTION IN DIVORCE D .rii Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 22, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: es Wilkinson, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§3301(c)AND§3301(d) OF THE DIVORCE CODE 1. 1 consent to 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. 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: Lam' ) J l� es Wilkinson, Plaintiff JAMES WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 10 - 1215 CIVIL MELANIE WILKINSON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this j2 . day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated July 2, 2013, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevj A. Hess, P.J. cc: -'Jane Adams Attorney for Plaintiff '- Jerry A. Weigle Attorney for Defendant /72t3-* =-M cn 3> CD JAMES WILKINSON, IN THE COURT OF COMMON ILE A Plaintiff CUMBERLAND COUNTY, PE z- , vs. No. 10 - 1215 Civil Term,-P., MELANIE WILKINSON, ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce-Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c).of the Divorce Code. 2. Date and Manner of the service of the Complaint: Certified mail, restricted delive!y, return receipt requested. Accepted by Defendant on February 24, 2010. 3. Date of execution of the Affidavit of Consent required by 3304(c) of the Divorce Code: By Plaintiff: July 5, 2013. By Defendant: July 2, 2013.. 4. Related claims pending: None; all were resolved by marriage settlement agreement, which was filed on July5, 201-3 and should be incorporated and not merged into the Decree. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: July 5, 2013. 6. Date Plaintiff s Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: July 9, 2013. espectfully submitted, Date: 13 espectfuly s ne Adams, Esquire I.D. o. 79465 c t 6Z 17 South St. rr Isl , P . 1 4arlisle, Pa. 17013 (717) 245-8508 .ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF JAMES WILKINSON CUMBERLAND COUNTY, PENNSYLVANIA V. MELANIE WILKINSON NO. 1.0 - 1.215 DIVORCE DECREE . 4. AND NOW, it is ordered and decreed that JAMES WYLKINVON plaintiff, and MELANIE WILKINSON defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") None; the marriage settlement agreement, which was signed by the parties on July 2, 2013, and which was filed on July 5, 2013, shall be incorporated and not merged into this Decree. By the C Attest: J. Prothonotary-`-, y a �lo e � f'v yYia7 i�Pd✓ � �� Vl/ L°�i c - y 71oZ6�/3