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HomeMy WebLinkAbout10-3009IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Terence Genji List Plaintiff File No. 10 - 3C09 aiva _Iet m Vs IN DIVORCE Barbara Jean Hoekje Defendant 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 ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHOPT 04, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET URGA -:; HELP. .. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET - CARLISLE, PS 17013 <<y 1-800-990-9108 717-249-3166 4wa • oo AD ATM uo * A-73173889 0 ay 1 (098 IN THE COURT OF COMMON PPS?v??CUMBERLAND COUNTY, Terence Genjji List Plaintiff File No. Vs IN DIVORCE Barbara Jean Hoekje Defendant COMPLAINT IN DIVORCE COUNT 1 AND NOW comes the Plaintiff, Terence Genji List, pro se who files the within complaint in Divorce and avers as follows: 1. Plaintiff is Terence Genji List, an adult individual currently residing at 49 West Mount Airy Avenue, Philadelphia, Philadelphia County, Pennsylvania. 2. Defendant is Barbara Jean Hoekje, an adult individual currently residing at 4869 Ogle Street, Philadelphia, Philadelphia County, Pennsylvania. 3. Plaintiff and Defendant are sui juris, and have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 9a` day of June, 1991, in Marbletown, New York. Attached hereto and marked Exhibit "A" is a certified copy of the marriage certificate. S. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The parties have entered into a written agreement as to child support, child custody and property division. 9. The marriage of the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the commencement and service of this action, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the commencement and service of this action, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, Date. '? Terence Genji List, PLAINTIFF, PRO SE EXHIBIT A: Marriage Certificate N E-4 v 6 a. ? Ln M `n M C.) H I I D Z G E co O N a? z z w N U O ? n, u ? C cl, O c a P-4 4-3 s 4 S y n, y -co -- +J •?1 cu 3r ? v A O s ? , .i¦? ' .s4 OP-4 V ? 01-4 4-J , 1C S -W r z V C7 c] (n D E a t]. d N C X j O N .D ? .Y R L Z: u w V z w a W f-; 5 O O V N -4 ON r( "Cq a H W P4 a w ra d a H W P+ Ea W G4 Pd H U Lz L c ou v a R V OQ a m Zo. R C 3 v z N N C c ? N V y `ro m E Q Q N E o E C X c ° p D Q U E t q Z O O z= 6 0 04 r ? CJ O PG O H m a a? CL Lf) a% ?a w .h _4 o N o a? h L N ? D CU C O a y ? O AZ W n N r-1 rn N d w p4 p a W a H R. H W W N H U) W a ?o o c U QOl Zoo _oo ?C4? N N N Z Y Q O } W -A rn rl ?` 17 LV cu r-i Q P c O N ? N `N W ? H j w `c M 3 H c c!] f- is V ? U U W 94 O • r O 51 O V V cU I ° r m m 0 0 d a M in ? Y } w rn o ? N o h co m C p O rte ' D O ? i ul 3 A J V1 G d U cn a NN ? G r?r Y o 40 O sue. ?+ Q G lC Q 3 G. .a N O N d LL 0 O D VERIFICATION I, Terence Genii List, Plaintiff, verify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE:s y -? Terence Genji List, PLAINTIFF, PRO SE IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA -Terence Genji List Plaintiff Vs Barbara Jean Hoekje Defendant ~. File No. 10-3009 Civil Term . IN DIVOR( ~} ~3.: . G,!'. ~~_ • -- : ~:. i~ ACCEPTANCE OF SERVICE BY DEFENDANT To the Prothonotary: N Q O c.~ -.~ .~- r., c~ I, Barbara Jean Hoekje, Defendant in the above-captioned matter, hereby accept service of the Divorce Complaint. This Affidavit is made subject to the penalties of 18 PA.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ~ ~~~ ~ By: arbara Jean Hoe ' e, EFEND T, PRO SE Sworn to and subscribed before me on this ~~~day of .~ , 20L~ NOTARY ON'N~`~T~ ~tYLV~NIA G No1N~ ~' Kimb~Y paldlno, No1arY P~ PMlacle{p4~ C~~ G1t11 of PhNadeiPn Expo rea Ma ~ ~ MY Comm-ss'o 1l ~~ -,;, rr ,, -- ~.;-; r`,,; ~~:~,v, .~x~' -< IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSI'LVANIA -Terence Genji List Plaintiff Vs -Barbara Jean Hoekje Defendant File No. 10-3009 Civil Term_ IN DIVORCE 0 a c n 0 z AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under 3301 (c' of the Divorce Code was filed on May 6, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to 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 of Consent 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: Terence Genii List, PLAINTIFF, PRO SE IN THE COURT OF COMMON PLLASE OF CUMBERLAND COUNTY, ? PENNSYLVANIA ° e -Terence Uenji List Plaintiff g, File No. 10-3009 Civil Term W Vs IN DIVORCE a Barbara Jean Hoekje b Defendant WAIVER OF NOTICE OF INTENTION TO ILLQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF TIIE DIVORCE CODE 1. I consent to the entry of a final DcC_.-cc 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. 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 the sciit to nic immediately after it is filed with the Prothonotary. I verify that the statements made in t1:is at.,? av:t are true and correct. I understand that false statements herein are trade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori.tics. Date:. 2 010 "Terence Genji List, PLAIN'T'IFF, PRO SE IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA -Terence Genji List : n Plaintiff ; File No. 10-3009 Civil Teirn Vs .: IN DIVORC~: ~' -Barbara Jean Hoekje ,~ Defendant ~,'C_: AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 (c) of the Divorce Code was fled on May 6, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of fling and service of the Complaint. 3. I consent to 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 of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswoin falsification to authorities. DATE: ~, / ~/~ Barbara Jean oekje, DEF ANT, PRO SE ~~~ M n~ ~ ~~~~'~ w ~ ~ ~ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA -Terence Genji List Plaintiff Vs File No. 10-3009 Civil Term ^ IN -Barbara Jean Hoekje Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF , DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. 2. 1 consent to the entry of a final Decree of Divorce without notice. 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. c~ rc1'*~ .,,~ m ...~ ~> :~ .,~ ~~. -, ~ ,} w 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.A. § 4904 relating to unsworn falsification to authorities. Date: ~D Barbara Jean Ho je, DEFEND T, PRO SE w Y ~ ~ 1 ~b'3O°9 C~vitT~'~ OF T~~ic PRQ HEN TARY MARITAL SI 1D10 SEP ?_3 AM il~ 43 LUMSERLAND COUNTY ,w,~~LVANIA THIS AGREEMENT, made this t Z day of /tiC c~ ~-i , 2010, by and between Barbara Jean Hoekje (hereinafter called "Wife"), and Terence Genji List (hereinafter called "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 9, 1991, and separated on October 1, 2009; and, WI~REAS, one (1) child was born of this marriage, Alexander Hoekje List; born August 15, 1992; and, WHEREAS, within the most recent time, irreconcilable differences have arisen between the parties which have made the maintenance of the common domicile impossible; and, WI~REAS, the parties desire to enter into an Agreement for the purpose of adjusting fully and fmally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating t~ the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support, alimony, alimony pendente lite, and/or maintenance of either party by the other; (3) 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 promises and mutual covenants herein contained, as well as in consideration of the sum of One Dollar ($1.00) to each in hand paid by the other, the receipt of which is hereby acknowledged, and with the intent to be legally bound hereby, as follows: 1. EFFECT OF AGREEMENT ON "THE DIVORCE CODE": The parties acknowledge and understand that there is a set of laws called "the Divorce Code" which gives them rights and obligations under law. They have been advised to review the "Divorce Code" and to discuss it with an attorney. The "Divorce Code" provides basic grounds for dissolving a marriage, provisions for counseling of the parties and gives defenses that can be brought against a divorce action. The "Divorce Code" provides that the Court may take a step known as "equitable distribution." In this step, the Court can make decisions on the property rights and interests of divorcing parties. Under the "Divorce Code," the Court can -2- 7 also decide issues about the care, custody and support of minor children from the marriage. The "Divorce Code" also provides for alimony and support for either party based upon a number of factors. The parties hereby acknowledge and understand that, under the "Divorce Code," they may have greater or lesser rights and obligations than they have agreed to in this Marital Settlement Agreement. They have been advised to review the "Divorce Code" and to discuss it with an attorney of their choice. Husband and Wife understand that their Marital Estate Division is approximately 34% to Husband and 66% to Wife. They further acknowledge that if they hired separate attorneys and proceeded through the Court system, either party may have been awarded a higher percentage of the estate than they received under the terms of this Agreement. 2. SEPARATION: At all times hereafter, Husband and Wife shall live separate and apart from each other at such place as each may choose. Each shall be free from any interference, restraint, authority and control of the other as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither shall disturb or trouble the other in any way or attempt to compel the other to cohabit or dwell with him or her. 3. CUSTODY OF CHILD: The parties agree that they shall share Legal -3- Custody of their child. Husband and Wife also agree that Wife shall have Primary Physical Custody and Husband shall have Partial Physical Custody of their child. They have entered into a Parenting Agreement, which is attached as Exhibit "A," and made a part of this Agreement. The parties acknowledge that custody remains modifiable based on a change of circumstances, as provided by applicable law. With regard to their child, the parties expressly agree and state that, although it is possible to dissolve the marital relationship between the parties, it is not possible or desirable to dissolve the parental relationship between the parties as to their child. They agree to always consider the best interests of their child and maintain flexibility and cooperation to meet their child's needs. The parties expressly state and agree that they wish to continue to be jointly responsible for the upbringing of their child. The parties agree to consult with each other in all matters of importance relating to their child's welfare, health, maintenance, education, medical care and spiritual upbringing. 4. CHILD SUPPORT: The parties agree that Husband shall pay to Wife child support in the amount of $350.00 per month. Payments will be made by the 10~' day of each month. Payments will commence on the 10~' day of the first full month following the parties' execution of this Agreement. The obligations for payment of child support shall continue until such time as -4- a child reaches the age of eighteen and/or has completed their high school education whichever occurs last. It will also terminate if they discontinue their high school education; or no longer maintain a permanent residence with the Mother or Father. If there is a significant and material change in either party's earnings, they agree to immediately inform the other party and the parties shall revisit and recalculate the child support figure, in accordance with the Pennsylvania Support Guidelines, as amended, and other applicable law, to determine if a modification is necessary. Otherwise, on February 1, 2011, Husband and Wife agree to exchaClge financial information in order to determine if a recalculation and modification of the child support obligation is necessary. The parties will sign an amendment to this Agreement reflecting any changes in the support obligation. The parties agree that, if a child support payment is late 10 days or more, they shall cooperate in entering a Consent Order of Court in regard to this agreed upon child support or any future agreed upon support, with such Order to be executed by both parties within five (5) days from exercise of such option. The parties also agree to execute whatever forms maybe necessary in order to institute a wage attachment for child support. The Parties will share responsibility for all unpaid, mutually agreed-upon medical expenses including, psychological, psychiatric, chiropractic and orthodontic -5- in accordance with their percentages of total combined income. The current income percentage splits are as follows: Wife: ~7%--Husband: 33%. These expenses shall be apportioned according to the income percentage splits from day one of each calendar year. A calendar year is defined as January 1St through December 31 ~`. The parties agree that Wife shall provide medical insurance for the child as long as the benefit is available through her employment and agrees to assume sole responsibility for the employee contribution attributable to the child's coverage. The parties agree that their child may benefit from participation in various clubs, lessons, school activities, camps, and similar expenses and that it may also be beneficial or necessary for their child to attend private or parochial school or to have a tutor. They further recognize, however, that their financial circumstances permit only a limited number of these extra activities or special schooling. If either party expects the other party to contribute to such expenses, that party shall consult with the other before incurring any significant expenses for such activities or schooling. The proposed expense shall be evaluated carefully by each party, taking into consideration the nature of the expense, the period of time during which the expense will continue, the special talents or needs of the child, the preferences of the child, the expected benefit to the child and the expense involved. Provided that both parents agree on incurring a particular expense they will contribute payment in -s- accordance with their percentage of total combined income. The current income percentage splits are as follows: Wife: 67%--Husband: 33%. The parties acknowledge that child support remains modifiable based on a change of circumstances, as provided by law. 5. COLLEGE EDUCATION: The parties agree that Husband shall not be responsible for payment of any of their child's college education expenses. 6. PERSONAL PROPERTY: Husband and Wife agree that all of their personal property will be divided in a fair and equitable manner. On or by March 1, 2010, Husband agrees to remove all of his property from the marital residence, with the exception of his property that is already stored inside the garage to the residence. Wife will permit these items to remain in the garage to allow Husband time to sort through them so that he may gradually remove them. Husband must remove all of these items from the garage and residence on or by October 1, 2011. If any of these items still remain in the garage and have not been removed by Husband on or by this date, Wife is free to discard them. Once Husband's name is removed from the deed to the residence, he may not access his items stored in the garage without first obtaining Wife's permission to do so. All items of personal property that Husband takes and are in his possession shall be the sole and separate property of Husband. Those items of personal property that remain in the martial residence and are in -~- s Wife's possession shall be the sole and separate property of Wife. The parties have elected not to attach property schedules to this Agreement. 7. AUTOMOBILES: The parties agree that Wife shall assume full ownership of the 1999 Honda Civic, which has an agreed market value of $3,090.00, and is titled in Wife's name. The vehicle is owned free and clear or any loans or other encumbrances. Wife shall assume full responsibility for the aforementioned vehicle, including the insurance, maintenance and all other expenses related thereto. Wife agrees to indemnify and hold Husband harmless for any claim or expense arising from the vehicle. 8. REAL ESTATE: The parties acknowledge that the property located at 4869 Ogle Street, Philadelphia, PA 19127, is the jointly owned marital residence. The agreed value of the property is $155,000.00 based on a written appraisal the parties obtained through an independent fee appraiser which they agree is fair and reliable. One mortgage is held on the property through Wachovia Bank in the amount of approximately $34,635.00. The mortgage is titled in the name of both Husband and Wife. The parties agree that Wife shall take all steps necessary to remove Husband's name from the mortgage, note and deed. Wife has agreed to refinance the residence -s- solely in her name as a means of having Husband's name removed from the mortgage, note and deed. Husband's name must be removed from these documents on or by April 1, 2010. On the day Husband's name is removed, (vis a vis the property refinance settlement date), Wife shall make payment to him in the amount of $40,000.00. Wife shall be entitled to all remaining equity acquired in the property. If Wife is not able to remove Husband's name by the above date, the parties agree to re-negotiate the marital distribution of the remaining equity in the marital residence. Wife shall retain full possession of the marital residence. Husband shall turn over all keys, garage door openers and other means of entry. Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the marital residence including, but not limited to, the mortgage, all real estate taxes, water and sewer, rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs. Wife shall keep Husband indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with the maintenance, cost, and expenses or resulting from their ownership interest in the marital residence. -9- Husband's Massachusetts Property at the Berkshires Prior to the parties' marriage, Husband acquired a partial ownership interest in a parcel of land located in Massachusetts at the Berkshires. The parties have been advised that any increase in value of Husband's interest in the land during the marriage and up to the date of separation is marital property and subject to equitable distribution. The parties have also been advised to obtain professional appraisals of the property to determine whether or not the value of Husband's property interest has increased during the marriage. Notwithstanding this advice, the parties agree not to have the property appraised for value. Instead, they agree to regard it as non-marital property to be excluded from the marital estate. As such, Husband exclusively retains the full value of his interest in the property and Wife hereby waives her right to claim a portion or percentage of any increase in value of his interest during the marriage. 9. RETIREMENT FUNDS: The following retirement funds are valued as of the dates indicated below in this Paragraph by agreement of the parties. Husband and Wife acknowledge and understand that a Court may use dates other than the ones agreed upon by the parties to value their assets. The parties further acknowledge and understand that the valuation date directly affects the value of their asset; therefore, the value of a particular asset may be worth more or less depending upon the agreed date of valuation. - io- Wife shall retain ownership of her retirement accounts, which are titled in her name and listed as follows: 1) TIAA-CREF Plan-this fund had a total value of $321,039.00 as of October 27, 2009. The parties understand and acknowledge that a portion of this total value includes roughly ten years of pre- martial contributions plus their appreciation both before and during the marriage. As such, the total value does not represent the marital value for purposes of equitable distribution. The parties were advised to obtain an actuarial appraisal of the marital value of this account but declined to do so. Instead, for purposes of this settlement, they agree to regard the account as non-marital property to be excluded from the marital estate. Wife shall retain the full value of the account and Husband hereby waives his right to claim a portion or percentage of the marital value of the account. 2) Wachovia IRA (xxx8166)-this fund had a value of $1,314.64 as of October 26, 2009. 3) Vanguard Roth IRA (xxx3327)-this fund had a value of $10,215.68 as of September 10, 2009. -ii- 9. PENSIONS: Husband and Wife represent that they have no pensions from current or prior employers. 10. STOCK OPTIONS: Husband and Wife represent that they have no stock options from current or prior employers. 11. OTHER ACCOUNTS: Husband and Wife agree to the following distribution of their other accounts: a) Husband's Wachovia Checking Account (xxx6191)--this account had a value of $5,473.07 as of October 19, 2009 and is registered in Husband's name. Husband shall retain the full value of this account and Wife hereby waives her right to claim a portion or percentage of any funds contained therein. b) Wife's Wachovia Checkin Account x5815)--this account had a value of $543.15 as of October 16, 2009 and is registered in Wife's name. Wife shall retain the full value of this account and Husband hereby waives his right to claim a portion or percentage of any funds contained therein. c) Wife's Wachovia Savings Account (xxx4969)--this account had a value of $511.28 as of September 30, 2009 and is registered in Wife's name. -12- Wife shall retain the full value of this account and Husband hereby waives his right to claim a portion or percentage of any funds contained therein. d) Wife's Wachovia Savings Account (xxx4761)--this account had a value of $292.77 as of October 27, 2009. Wife shall retain the full value of this account and Husband hereby waives his right to claim a portion or percentage of any funds contained therein. 12. JUDGMENTS: Husband and Wife represent that they have no pending or outstanding judgments against them. 13. JOINT ACCOUNTS: The parties agree that their Vanguard Total Stock Market Index Fund Account (xxx7347) shall be excluded from the marital estate and shall instead be used to fund their child's college education expenses. This account had a balance of $6,480.26 as of September 10, 2009. The parties agree that Wife's name shall remain on the account and Husband's name shall be removed from the account immediately forthwith upon the parties' execution of this Agreement. Wife shall be the designated custodian of this account and shall distribute the funds as necessary to finance their child's college education expenses. Wife agrees not to borrow or withdraw any funds from this account for any purposes other than their child's college education expenses. -13- Wachovia Bank Line of Credit Account--during the marriage, the parties were approved for a home equity open line of credit on the marital residence. To date, no amounts have been borrowed from this credit source. The parties agree to cooperate in closing this credit line account on or by the settlement date for the marital residence refmance. 14. MARITAL DEBT: Husband and Wife agree that the following marital debt will be apportioned as follows: a) Capitol One Bank Card (xxxx5402)-this account had a balance of $3,931.90 as of October 22, 2009 and is registered in Wife's name only. The parties agree that $3,000 of this balance is not marital debt but constitutes post-separation expenses incurred by Wife. Wife agrees to assume sole responsibility for payment of any remaining balance of the account. 15. ALIMONY. ALIMONY PENDENTE LITE AND/OR SPOUSAL SUPPORT: The parties each waive any right or claim they each may have to alimony, alimony pendente lite and spousal support. This clause is not modifiable. The parties 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 for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their -14- respective estates may increase or decrease in value, that either maybe employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge, give up and release any and all rights to claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 16. MEDICAL INSURANCE: The parties agree that Wife shall continue to provide Husband with medical insurance coverage until the divorce decree is issued. Thereafter, each party will be responsible for providing their own coverage. 17. LIFE INSURANCE: Husband has a universal life insurance policy with a current face value of $100,000.00 and with Wife as the named beneficiary -15- thereunder. Upon the Court's issuance of a divorce decree, Husband shall remove Wife's name as beneficiary and list their child as the beneficiary under the policy. Husband will appoint his brother, Jeffrey List, as trustee until the child reaches age 23. Husband agrees to provide verification of this coverage to Wife on February 1~ of each year. Husband agrees not to take any loans against this policy. In addition, Husband's policy has a current cash value of $4,301.12. Wife hereby waives her right to receive a portion or percentage of any of these funds. Wife has a policy through her employer with a death benefit of $250,000.00 and with Husband as the named beneficiary thereunder. Upon the Court's issuance of a divorce decree, Wife shall remove Husband's name as beneficiary and list their child as the beneficiary under the policy. Wife will appoint her sister, Carol Hoekje, as trustee until the child reaches age 23. Wife agrees to provide verification of this coverage to Husband on February 1 ~ of each year. Wife agrees not to take any loans against this policy. 18. DISABILITY INSURANCE: The parties agree that there will be no obligation for either party to obtain or continue to maintain disability insurance coverage under this Agreement. 19. COUNSEL FEES. COSTS AND EXPENSES: Husband and Wife each agree to share equally the responsibility for the Alpha Center for Divorce Mediation is- fees and all other related expenses. 20. TAX OBLIGATIONS: The parties agree to the following tax terms: a. They agree to file jointly for the year 2009. As a result of this filing, should the parties receive a refund, they will equally divide the proceeds of such refund. Likewise, should the parties be liable for any additional taxes as a result of this filing, they shall equally split such liability. b. In all years subsequent to tax year 2009, the parties will consult their respective tax accountants in order to determine the most financially advantageous status for each of them to file. under. c. Wife shall claim the dependency deduction for the child for as long as it is available to her. Any penalties or additional tax incurred as the result of non-personal deductions being disallowed or the failure to accurately report income shall be the sole responsibility of the person wrongfully claiming the deduction or inaccurately reporting the income. In the event that the parties are entitled to a refund as the result of having filed j oint income tax returns in the past, Husband and Wife both agree that they will equally divide the proceeds of any refund. Husband and Wife hereby agree to indemnify and hold each other harmless -17- from and against any liability, cost or expense and legal fees as the result of any claims against the other party resulting from misrepresentations or failure to disclose income or deductions during the period that the parties filed joint or individual tax returns. The parties further agree that all income taxes to date have been paid when due; that no audit has been commenced on any past or present income tax return; no income tax deficiency proceeding is pending or threatened. In the event that either party shall receive notice of an audit, they shall inform the other party as soon as practical. Both parties agree to cooperate with the other party by fully providing all documents and information necessary to defend against a tax audit of any kind. 21. JOINT OBLIGATIONS: Wife and Husband warrant and represent that there are no outstanding obligations for which the other might be called upon to satisfy or for which an obligation rests with either. Each party represents and warrants to the other that he or she will not hereafter incur any debt or obligation for which the other party shall be liable. 22. FULL DISCLOSURE: Each party represents and warrants that they have made a full and fair disclosure to the other of all the facts material and relevant to this Agreement. 23. ENFORCEMENT: If a dispute arises out of or relates to this Agreement, or -is- the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or other dispute resolution procedures. It is expressly understood and agreed by the parties that this Agreement may be specifically enforced by either Husband or Wife in a Court of law. Each party hereby further agrees to pay the other party for any and all attorney's fees, costs and legal expenses and other expenses that either may incur or become liable for as a result of any default or breach by the other of any of the terms or provisions of this Agreement. This payment is due provided that the party who seeks to recover attorney's fees, costs and legal expenses is successful in whole or in part, in an action to protect and enforce his or her rights under this Agreement. 24. DIVORCE PROCEEDING: It is expressly understood and agreed by the parties that Husband will commence a divorce proceeding pursuant to Section 3301 of the Divorce Code of 1980 as amended and rectified. Both parties agree to execute all necessary papers in a timely basis, including but not limited to an Affidavit consenting to the divorce. It is further understood and agreed that this Agreement shall be incorporated as part of the Decree of Divorce entered by the Court. Further, this agreement shall survive and shall not merge into any decree and shall be fully enforceable either in -19- such divorce proceeding or in any other proceeding. 25. RELEASE: Each of the parties hereto does hereby, except as otherwise provided in this Agreement, release the other from any and all rights or claims to the property of the other and does hereby release the other from any and all claims arising from the marriage, including but not limited to: (a) Will. Any and all right, title, that either may now or hereafter have to take against any will of the other. (b) Intestacy. Any and all right, that either may now have or hereafter have to share or have any interest in the property, or estate of the other under the laws of intestacy or succession or inheritance. (c) Personal Representative. Any and all right, that either may now or hereafter have to administer the estate or effects of the other or to claim appointment or to qualify as a personal representative of the other. (d) General. Any and all other right, title, interest, claim and demand whatsoever that either may now or hereafter have to all or any part of the property or estate of the other, whether real, personal, mixed or of any description arising or growing out of the marriage relation now existing between the parties. To further illustrate the total severance of rights of either party in the estate of the -20- other, each of the parties may by Will or by Deed or otherwise dispose of real or personal property now owned, or hereafter acquired, the same as if sole and unmarried, and each agrees to execute or join in the execution of such papers or documents that may be necessary at any time to accomplish this purpose. 26. BANKRUPTCY: In the event that either party becomes a debtor in any bankruptcy or fmancial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor, title as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 27. CONTROLLING LAW: This Agreement shall be construed under the laws -21- of the Commonwealth of Pennsylvania. 28. SAVING CLAUSE: If any term, condition, clause or provision herein shall be deemed to be invalid in law or otherwise, then only that term, condition, provision or clause shall be stricken from this Agreement as it is held to be invalid, and in all other respects, this Agreement shall be valid and in full force and operation. 29. NOTICE: Any written notice to be given hereunder by either party to the other shall be effected by personal delivery, registered or certified mail, return receipt requested. Notice to Husband and Wife shall be sufficient if made or addressed to: Wife: 4869 Ogle Street, Philadelphia, PA 19127; Husband: 49 West Mount Airy Avenue, Philadelphia, PA 19119. The parties will keep each other informed of any change of address so long as matters are still pending under this Agreement. 30. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effects have been fully explained to the parties. Both parties have been advised to have this Agreement reviewed by independent counsel. Both parties have been given the opportunity to have this Agreement reviewed by independent counsel. In recognition of this fact, the parties hereto agree that they shall at no time contest the fact that they executed this Agreement without fully understanding its -22- meaning. Each party, therefore, acknowledges that he and she fully understand the facts and have been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this Agreement is fair and equitable. The parties agree that execution of this Agreement is made freely and voluntarily is not the result of any collusion or improper or illegal agreement. 31. EXCLUSIVENESS OF THIS AGREEMENT: No modification of this Agreement shall be effective unless embodied in a written agreement signed by the parties. No failure to enforce any provision of this Agreement or waiver of any breach of this Agreement shall be deemed a waiver of any provision or right hereunder. 32. BINDING EFFECT: The parties hereto agree that this Agreement shall be binding upon their heirs, legal representatives, administrators, and executors. Each of the parties agrees for themselves, individually, and for their heirs, legal representatives, administrators and executors that they will enter into and execute all necessary papers, legal documents or whatever is required in order to carry out the terms and provisions of this Agreement. 33. EFFECTIVE DATE: This Agreement shall become immediately effective on the day when the party last signing it has done so. This Agreement is executed in quadruplicate, and Wife and Husband, acknowledge the receipt of a duly executed -23- copy by the execution hereof. 34. IlVIPLEMENTATION DATE: The parties agree to take all steps necessary to implement the provisions of this agreement within 30 days from the date of execution. -24- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written. Witnesses: r Terence Genji List Barbara Jean oek~e -25- EXHIBIT "A" PARENTING AGREEMENT 26 Terry List and Barbara Hoekje Date: November 16, 2009 Mediator: Dana F. Goode, Psy.D. We, Terry List and Barbara Hoekje, the parents of Alex (Date of Birth 8/15/92) enter into this agreement in order to better meet our parental responsibilities and to safeguard our son's future development. We are writing this so our son knows how valuable he is to both of us and how we both have worked and will continue to work to keep him happy, safe, and healthy. We both recognize that he wishes to love and respect both of us, regardless of our marital status or our place of residence. We also recognize that his welfare can best be served by our mutual cooperation as partners in parenting and by each of us providing an environment in which he is loved and in which he belongs. Stability for our son will be a primary consideration when making all decisions for each of our lives. We jointly recognize that court proceedings regarding children and custody and visitation matters can be detrimental to a child, and we therefore have decided to resolve these questions ourselves, using this Parenting Agreement. We both understand that as our son's needs and/or our circumstances change, we will alter 27 this Parenting Agreement to accommodate these changes. Cooperative Parenting Strategies Alex will benefit by seeing us working together on his behalf. By actively cooperating and communicating with each other, we will set an example of how a positive relationship can effectively solve problems in our family's life. Although each parent will determine the rules for Alex's behavior when he resides with each one of us, whenever possible we both agree to develop and follow common house rules and guidelines, including discipline, homework/academic expectations, and bedtime routines. We both agree that if a discipline problem arises with our son, the non-resident parent will support the resident parent's stand. If the problem is not resolved, the non-resident parent will support the resident parent's stand until the problem can be discussed. We will keep our son from being in the middle of any disagreement or misunderstanding by communicating directly with each other and helping Alex to feel free to love and respect both of us. We will each encourage him to speak about his difficulties to the other parent. We will not participate in any angry feelings that our son has with the other parent. We will not ask our son to keep secrets. 28 We recognize the importance of grandparents and other relatives' continued involvement in Alex's life. Legal Custody Legal custody is the legal right to make major decisions affecting the best interests of a minor child, including, but not limited to, medical, religious, and educational decisions. Mother and Father agree that they shall have joint legal custody of Alex. Specifically, Mother and Father agree to: 1. Notify the other parent promptly of any serious illness or accident which requires medical attention. 2. Be able to authorize emergency medical treatment for Alex individually. 29 3. Communicate and exchange information with intent ofjoint-decision making concerning Alex's wellbeing, education, moral-ethical-religious training, and non-emergency healthcare. 4. Select all schools, healthcare providers, and counselors jointly. 5. Provide the other parent with the address and telephone number at which their child resides, and to notify the other parent within one day of any change of this address or telephone number. 6. Promptly share access to records and information (medical, dental, counseling, and school) concerning their son. This includes but is not limited to: copies of report cards, school meeting notices, school vacation schedules, class programs, requests for conferences, results of standardized or diagnostic tests, notices of activities involving Alex, samples of school work, order forms for school pictures, all communications for health care providers, etc. 7. Honor each other's parenting style and not interfere in the other parent's style. 8. (a) Review the schedule and the Parenting Agreement at least every six months, starting with six months after it is implemented, in order to make any needed adjustments for development and changed 30 circumstances. (b) Make sincere efforts at compromising on any changes to be made. Mother and Father agree that if they are not able to resolve a conflict on their own, they will seek mutually agreed upon professional counseling. If the conflict is still unresolved, it is mutually agreed to seek mediation. Litigation will be a last resort in problem resolution. 9. Allow Alex unrestricted phone access to Mother and allow restricted phone access to Father until Father has a permanent residence, at which time this issue may be revisited by Mother and Father. (Contact between Alex and his parents may also be by cell phone, a-mail, postal mail, beeper, etc.). Parents will have reasonably unrestricted access to Alex by similar means. In order to facilitate contact with him, Father agrees to give Mother the phone number of someone who would be able to reach Father in the event of an emergency. Father agrees to do so by November 17, 2009. 31 Physical Custody Primary and partial physical custody refers to an arrangement in which a child spends most of his time with one parent and a lesser amount of time with the other parent. Both parents agree that it is in Alex's best interest for Mother to have primary physical custody and Father to have partial physical custody. Both parents realize that Alex needs stability and continuity in his living arrangements. He needs a regular daily and weekly routine, one that is not filled with alternating patterns and disruptions. Mother and Father agree to discuss all major issues jointly and that day-to-day decisions for Alex will be the responsibility of the parent in residence. Mother and Father agree that the following schedule is subject to modification when situations arise in which it is in Alex's best interest for such modification to occur. 32 Alex will reside with Mother. He will spend time with Father at least once a week at a regularly scheduled day/time that Father arranges with him. Alex may spend time with Father at other times during the week as well. Father will initiate this contact with Alex and will work around his schedule as necessary. Contact between Alex and Father will not take place at Father's place of residence at this time. When Father's living arrangement becomes more permanent, he will give his address and phone number to Mother and Alex and will use discretion in discussing the circumstances of his living arrangement with Alex. The physical custody schedule, including the possibility of Alex staying with Father at his permanent home, may be revisited by Mother and Father at that time. Mother and Father both agree that Father and Alex may travel together: Alex may join Father on overnight trips such as camping trips, trips to visit Father's family, and vacations. Right of First Refusal -Mother will inform Father if she needs to travel .for work and is unable to take Alex with her. Mother and Father will decide jointly about Alex's care if such circumstances should arise. Possibly Father would stay with Alex at Mother's house during part of Mother's absence. Mother and Father will agree upon other people who would participate in Alex's caretaking in such a situation. 33 New Relationships -- From this point forward, both parents agree not to introduce Alex to anyone they are dating for at least one year from the date of their separation. Alex will be introduced to a parent's new partner only if the relationship is exclusive and considered to be long term. Both parents agree to inform one another of their intention to inform Alex about their relationship prior to informing him. Both parents agree to introduce Alex to their new partner in incremental stages to assist him in his adjustment. Both parents agree to inform the other parent prior to a partner spending overnight visits while Alex is in the parent's custody. The parent involved in the relationship will discuss with Alex the idea of his or her partner spending an overnight while he is there. At the beginning of the summer of 2010, Father and Mother will talk about the possibility of Alex meeting a partner of Father's. If Father and Mother are not both in agreement about Alex meeting this person at that time, Father will wait until September 2010. At that time, he will ask Alex if Alex feels ready to meet his partner. He will be guided by Alex's response and his understanding of Alex's developmental needs and readiness regarding this issue. 34 Barbara agrees not to pursue legal action if Terry does not accede to the terms written in the section "New Relationships." Holiday Schedule Easter -Alex may spend Easter 2010 with Father. If that plan is changed, Alex will spend Easter with Mother. Mother's Day -Alex will be with Mother. Father's Day -Alex will be with .Father. Thanksgiving -Alex will be with Mother on Thanksgiving Day 2009. Father will invite Alex to spend time together later in the Thanksgiving weekend, Summer Vacation -Mother and Father will discuss Alex's summer plans as the summer months draw closer. In general, Alex will be with Mother; however, summer plans may include travel with Father and travel with Mother. 35 a Alex's Birthday -Mother will plan an August 15, 2010 birthday celebration for Alex. Father and Alex will plan how Alex would like to celebrate his birthday with Father. Mother's Birthday -Alex will be with Mother. Father's Birthday -Alex will be with Father. With the exception of the above-identified holidays, Alex will be with Mother for the holidays. If Father would like Alex to be with him, he can let Mother know and she will be open to any individual arrangements for any given holiday. Father and Mother need to communicate holiday plans with one another at least one month before each holiday. Holidays which are not specified above but create three-day weekends will be spent with the parent who has responsibility for Alex that weekend. All holidays not otherwise specified will be spent with the parent who has physical 36 responsibility for Alex that day. This holiday schedule takes precedence over the normal parenting schedule. Vacation/Travel Schedule Both parents agree to provide the destination of the vacation/trip, length of the vacation/trip, location of accommodations including address and phone number, and flight information (when applicable) to the other parent when taking Alex on vacation or on any trip. Both parents' consent is needed for Alex to travel with anybody other than Mother or Father. Both parents' consent is necessary for Alex to miss school for vacation. Both parents' consent is needed for either parent to take Alex on vacation or any travel in or outside the United States. The custodial parent agrees to call the non-custodial parent to inform him/her that they have arrived at their destination. 37 Each parent is entitled to uninterrupted custody of Alex for two weeks each year. Each parentis entitled to no custody of Alex for one week each year. If Mother goes out of town without Alex, she and Father will make mutually agreed upon arrangements for proper supervision. Vacation time will not impinge on holiday time with the other parent without the express agreement of the other parent. If either parent makes vacation plans that affect the day-to-day parenting plan, that parent will respect the other parent by giving the other parent at least 30 days notice. Mother 3-Iz.- 2-oI6 Date Father ~ -<2-~~ Date 38 ACKNOWLEDGMENT Commonwealth of Pennsylvania SS County of On this, the ~~ day of/t/tU-z v~~i A.D., 2010, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Terence Genji List, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. _ ~ Terence Genji List IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public ' C EALTH OF PENN3YL1/MNA NOTARIAL SEAL CYNTHIA ~ PENa. "lotary Public tgwrer Moreland 1"wp., hlcnt:;omery County ' ien Expires December 4, 2010 39 w u ACKNOWLEDGMENT Commonwealth of Pennsylvania SS County of On this, the i Z day of /t/t crr ~t A.D., 2010, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Barbara Jean Hoekje, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. Barbar Jean Hoekje IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. EgLTH OF PENNSYL-VM`M~- NOTARIAL SEAL CYNTHIA A. PENH. "rotary Public ~ TWp., Montgomery County Notary Public ' n Expires December a, 2010 40 Terence Genji List IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Barbara Jean Hoekje : NO. 10-3009 Civil Term DIVORCE DECREE AND NOW, cIn of 1-1 010 , it is ordered and decreed that Terence Genji List , plaintiff, and Barbara Jean Hoekje , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, Attest: J. f ?rothonotary / H64-?