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HomeMy WebLinkAbout01-1777RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANI~ : CML ACTION - LAW _. 2001-/7 77 CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend e,gainst 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 end a decree in 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 fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Peraasylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ CIVIL ACTION - LAW 2001- / 7 '77 CIVIL TERM lin DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCEE CODE NOW comes the plaintiff, Randall B. Fox, by his attorney, Douglas G. Miller, Esquire, and files this complaint in divorce against the defendant, Heather L. Fox, representing as follows: 1. The plaintiff is Randall B. Fox, an adult individual residing at 324 Rosemont Avenue, New Cumberland, Pennsylvania ! 7070. 2. The defendant is Heather L. Fox, an adult indiv/duai residing at 324 Rosemont Avenue, New Cumberland, Pennsylvania 17070. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiffand the defendant were married on November 27, 1999 in St. Lucia in the southern Carribean. 5. There have been no prior actions of divorce or for mmulment between the parties. 6. There were no children bom to this marriage. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WItEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Date: March 23, 2001 By: Respectfugly submitted, IRWIN, Mci<NIGHT & HUGFIES D~ugl~ G. Miller, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-21353 Supreme Court I.D. No. 83776 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. RAN~DALL B. FOX Date: ~ a~ 2001 RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 - /7'72 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the corot require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are mae and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RANDALL B. FOX RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COU]RT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2001-1777 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, attorney for the defendm~t in the above-captioned divorce action, hereby verify that I accepted service of the Complaint in Divorce filed under Section 3301(c) of the Divorce Code on March 26, 2001. RANDALL B. FOX, Plaintiff VS. HEATHER L. FOX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1777 CIVIL TERM lin DIVORCE MOTION FOR HEARING ON CLAIM FOR ALIMONY PENDENTE LITr AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court to have the Domestic Relations Office schedule a conference on her request for Alimony Pendente Lite, as set out in Count III of her Petition for Economic Relief, a copy of which is attached hereto and marked as Exhibit A. Date: 10 May 2001 Samuel L..Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Exhibit A RANDALL B. FOX, VS. HEATHER Lo FOX, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,NO. 2001-1777 CIVIL TERM IN DIVORCE (~EFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, FIEATHER L. FOX, by her attorney, Samuel L. Andes, and petitions the court for economic relief as follows: COUNT I -- EQUITABLE DISTFilBUTIOIH 1. 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. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the oarties hereto as martial property. COUNT II -- ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herseJf in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums; as are reasonable and adequate matter. 8. to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III -- ALIMONY PENr)F~ 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV -- COUNSEL FEES AND EXPENSE~ Defendant is without sufficient funds to retain counsel to represent her in this Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this litigation of this action. Sa~"~l L. A'~des Attorney for Defendant Supreme Court ID # 17225 525 North '12th Street Lemoyne, Pa 17043 (717) 761-5361 RANDALL B. FOX, VS, HEATHER L. FOX, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1777 CIVILTERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, HEATHER L. FOX, by her attorney, Samuel L. Andes, and petitions the court for economic relief as follows: COUNT I -- EQUITABLE DISTRIBUTION 1. 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. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. -- NY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III -- ALIMONY PEND£NTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV -- COUNSEL FEES AND EXPENSES Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this lil:igation of this action. Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). RANDALL B. FOX, Plaintiff/Respondent VS. HEATHER L. FOX, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-1777 CIVILTERM IN DIVORCE DR# 30691 Pacsesg 6591034184 ORDER OF COURT AND NOW, this 7th day of June, 2001, upon consideration oftl~e attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda¥ on JulF 10, 2001 at IO:30A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verificatiun of child care expanses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 6-7-01 to: < Respondent Samuel Andes, Esquire Doug Miller, Esquire .~ ~ R:~adc~y, '~onference .O_ .ff_~c_er. _ __(/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AT~END THE CONFERENCE ANI~" REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ~flNVA'tASNN~ct 9£ :g ~q4 L- i~G? I0 RANDALL B. FOX, Plaintiff/Petitioner, V. HEATHER L. FOX, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this //'~ day of July, 2001, upon consideration of the within Petition for Special Relief, a Rule is issued on the Respondent to show cau.se why she should not be ordered to vacate the Petitioner's home at 324 Rosemont Avenue, New Cumberland, Pennsylvania, and why she should not be ordered to pay the monthly payments on the home equity loan used to purchase Respondent's vehicle. RULE retumable at a hearing set for the __ Courtroom No. 5 Carlisle, Pennsylvania. ~_~ day of ~/~, 2001, in at ~: ~'5o'clock ~ .m. of the Cumberland County Courthouse in By the Court, RANDALL B. FOX, Plaintiff/Petitioner, Ye HEATHER L. FOX, Defendant/Respondent. : IN THE COUP~T OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM : IN DIVORCE PETITION FOR SPECIAL RELIEF Now comes the Petitioner, RANDALL B. FOX, by and through his attorneys, Irwin, McKnight & Hughes, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on November 27, 1999. The parties separated in March 2001, although they continue to reside in the same house. 3. 4. On March 26, 2001, Petitioner filed a Complaint: in Divorce. The parties reside at 324 Rosemont Avenue, New Cumberland, Pennsylvania, a home purchased by Petitioner prior to the parties' marriage. COUNT I 5. Since the parties' separation, Respondent has refused to remove from the marital home. Respondent has removed $6,800.00 from a joint money market account by forging Petitioner's signature and set the funds aside for her own purposes, refusing to advise the Petitioner of the location of the funds. 2 6. On or about December 22, 2000, while Petitioner was standing at the kitchen sink in the marital home, getting a drink of water, Respondent broke a glass over Petitioner's hand. As a result of Respondent's actions, Petitioner's middle finger was sliced. 7. On or about March 24, 2001, while attempting to leave the marital home, Petitioner began to enter his vehicle and in an apparent at~Iempt to prevent Petitioner from leaving, Respondent slammed the vehicle's door against Petiti~,ner's left leg, pinning Petitioner's leg in the door and causing him injury and great pain. Petitioner contacted the police who responded to the marital residence on that date, but neither partly filed any charges. 8. On or about May 2, 2001, Respondent bit Petitioner's ann, causing him injury and great pain, and momentarily leaving teeth marks on Petitioner's ann. 9. Respondent has also subjected Petitioner te~ continued verbal threats and harassment while residing at the marital residence. 10. On or about May 11,2001, given the difficulty residing with Respondent in the marital home, Petitioner through his legal counsel requested that Respondent leave Petitioner's home by June 2, 2001. 11. Respondent has refused and continues to refuse: to leave the marital home even though she has removed significant funds from the parties' joint account and upon information and belief is in the process of purchasing a home of greater value than the marital home. 12. Petitioner avers that Respondent will not leave his home without an Order of Court. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order of Court requiring Respondent to remove herself from Petitioner's home. COUNT II 13. Petitioner is currently making a monthly payment of Three Hundred Fifty-Four and 84/100 ($354.84) Dollars, on a home equity loan that was used entirely toward the purchase of a vehicle for Respondent's sole use. 14. Respondent continues to enjoy the sole use and enjoyment of said vehicle but has made no payments toward the home equity loan since Petitioner's filing for Divorce. 15. Petitioner does not use and in fact has been denied the use of said vehicle despite making all of the home equity payments to pay for Respondent's vehicle. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order requiring Respondent to pay the monthly payments on the aforesaid home equity loan. Date: July ~ ,2001 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES Douglas~. l~Iille'r~'Esqdi{e .... Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 7~ ,2001 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Date: July ~ ,2001 IRWIN, McKNIGHT & HUGHES Vou~l~s (~iller,'Esqd~r~ - - Supreme Court I.D. No. 83776 West Pomfret Profi~ssional Building 60 West Pomfi'et S~Ireet Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Randall B. Fox 5 RANDALL B. FOX, Plaintiff/Petitioner, Vo HEATHER L. FOX, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA _- CIVIL ACTION - DIVORCE No. 2001 - 1777 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this .~ ~ttday of August, 2001, upon agreement of both legal counsel in the above-captioned matter and in order for the parties to have additional time in which to attempt to resolve the issues raised in Plaintiff's Petition for Special Relief, the hearing scheduled for Au~ust 6T 2001~ at 9:45 a.m. in Courtroom No. 5, of the Cumberland County Courthouse, Carlisle, Pennsylvania is hereby continued for approximately thirty (30) days. The hearing on the Plaintiff's Petition for Special Relief is hereby rescheduled for Cumberland County Courthouse in Carlisle, Pennsylvania. Edward E. Guido, J. Douglas G. Miller, Esquire (Attorney for Plaintiff) Samuel L. Andes, Esquire (Attorney for Defendant) RANDALL B. FOX, Plaintiff/Petitioner, HEATHER L. FOX, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. CIVIL ACTION - DIVORCE No. 2001 - 1777 CIVIL TERM : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO CURTIS R. LONG, PROTHONOTARY: Pursuant to an agreement of the parties and their legal counsel, please withdraw the Plaintiff's Petition for Special Relief, filed on or about July 9, 2001, in the above captioned matter. The hearing scheduled before Judge Guido on October 5, 2001, at 8:30 a.m. should also therefore be cancelled. Dated: October 2, 2001 Respectful][y submitted, IRWIN, McKNIGHT & HUGHES Douglas El. 19Iill'er, Es6uire' -- Supreme Eourt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff RANDALL B. FOX, Plaintiff/Petitioner, HEATHER L. FOX, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE No. 2001 - 1777 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Date: October 2, 2001 IRWIN, McKNIGHT & HUGHES Douglas l~'Mfiler,'Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Randall B. Fox RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - DIVORCE NO. 2001-1777 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 26, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer% fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: ~ .~ ,2001 Plaintiff RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUWI'Y, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-1777 CfVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: ?.~? .2001 RANDALL B. FOX Plaintiff RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 26, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 grante~l. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: September 2/+ ,2001 HEATHER L. FOX Defendant RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights 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 afier 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: September 26 ,2001 HEATHER L. FO,X Defendant RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 2001-1777 Cf¥IL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling end understand that I may request that the court require that my spouse and I participate in counseling. 2. I understend that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed ,down. I verify that the statements made in this affidavit are true and correct. I understend that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: September 24 ,2001 ~l~_ ~(~,. HEATHER L. ]FOX Defendant RANDALL B. FOX, Plaintiff HEATHER L. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2001-1777 CIVIL TERM IN r~IVORCE PRAECIPE TO TRANSMIT RECORE! To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 330 l(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon thc counsel for the defendant, Samuel L. Andes, Esquire, on April 23, 2001,. and is evidenced by the Acceptance of Service filed on April 25, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent reqr~ed by Section 3301(c) of the Divorce Code: by plaintiff.' September 24, 2001; by defendant: September 24, 2001. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of thc plaintiffs affidavit upon the defendant: 4. Rela~d claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of lnten~[ion to file Praecipe to Transmit Record, a copy of which is at~ached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 3, 2001. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 3, 2001. Attorn e~for Plaintiff RANDALL B. FOX, VS, HEATHER L. FOX, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1777 CIVIL TERM IN DIVORCE THE PROTHONOTARY: Please withdraw the economic claims previously filed on behalf of the Defendant, Heather L. Fox, in this matter, specifically including claims for equitable distribution, alimony, and alimony pendente lite, counsel fees and expenses. Attorney for Defendant Supreme Court iD # 17225 525 North 12~h Street Lemoyne, PA 17043 (717) 761-5361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEATHER FOX ) Docket Number Plaintiff ) vs. ) PACSES Case Number RANDALL B. FOX ) Defendant ) Other S~Iate ID Number 01-1777 CIVIL 659103484/D30691 that: AND NOW to wit, this Order OCTOBER 25, 2001 it is hereby Ordered THE REQUEST FOR ALIMONY PENDENTE LITE IS DISMISSED, PURSUANT TO PETITIONER WITHDRAWING HER REQUEST OF THE SAME AND THE PARTIES RESOLVING ALL FINANCIAL CLAIMS. DP.O: RJ Shadday xc: plaintiff defendant Samuel Aries, Esquire Douglas .MLller, Essquire Service Type BY THE COURT: JUDGE Form OE-O01 Worker ID 21005 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~_~day of --,~:~:3,~,,~ e~, 2001, by and between HEATHER L. FOX, (hereinafter referred to as "WIFE") a/n? RANDALL B. FOX, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 27, 1999; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respectix e financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony tbr each party. The parties hereto a~ee and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofbre been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. 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. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of' the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on belhalf of either or both Parties during marriage. REAL ESTATE: WIFE agrees to transfer all righ'I, title and interest which she may have in that property titled in HUSBAND'S name and located at 324 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on the mortgage with Countryxvide Home Loans on said property and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. WIFE agrees within sixty (60) days from this Agreement to obtain a personal or automobile loan in her name alone, and satisfy, the balance of the PSECU home equity loan on said property having a principal balance of approximately $I5,500.00 and provide written proof to It:USBAND. Said loan was used for the purpose of purchasing WIFE'S current vehicle as identified in Paragraph 10 below. WIFE shall hold HUSBAND harmless from any obligations on said home equity loan and indemnify him if any claim is made against him. During said sixty (60) day time period, HUSBAND shall be responsible for and pay the monthly installments for September, October, and November. In furtherance of the transfer of ali right, title and interest in said real estate, WIFE hereby agrees to execute any and all documents that may be required to convey her interest in said property to HUSBAND or to a third party in the event of a sale of said property by HUSBAND. WIFE waives any right to the proceeds of any sale of said property and agrees that HUSBAND shall retain all of those proceeds. Both parties agree to provide a copy of the PSECU home equity loan statement for 2001 to the other party. The intent of the parties is that HUSBAND shall deduct the interest paid on said loan through November 2001, at which time the home equity loan shall be removed as a lien against said property. SUPPORT: In recognition of the criteria set forth in 23 Pa.C.S.A. § 3701. et. seq., commencing on December 1, 2001 and fbr a period of eighteen (18) months thereafter, HUSBAND shall pay to WIFE as alimony the sum of Three Hundred and no/100 ($300.00) Dollars on the first business day of each month. Said monthly amount shall not be modifiable even in the event of' changed circumstances and shall terminate in the event of either party's death, WIFE'S cohabitation as defined by the Divorce Code, or WIFE'S remarriage. Except as provided herein, the parties hereby waive any right they have to receive support, alimony, or alimony pendente lite payments from the other either prior to or following the entry, of the Divorce Decree in this matter. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Hencefbrth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and a~ees to execute all documents necessary to transfer title of any jointly titled vehicles that ItUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE; harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives alt right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and specifically a~ees to execute all documents necessary to transfer title in the parties' 2001 VW Jetta to WIFE at such time as she shall obtain a personal loan and satisfy the home equity loan identified in Paragraph 7 above. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: HUSBAND shall assume aLIi liability for and pay for and indemnify and hold harmless WIFE against the following credit cards and/or loans: 1. Balance in the approximate amount of $2,7!00.00 to Wolfe Furniture or its financing company; and 2. Loan to HUSBAND from HUSBAND'S parents. Furthermore, the parties hereby agree to remove each other's names from any and all joint debts or obligations, including those specifically listed above, -within sixty (60) days of the execution of this Agreement. tt is mutually agreed by and between the parties that aNIFE shall assume ail liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she xvill not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shaI[ indemnity and hold HUSBAND harmless from any and ail claims or demands made against him by reason of debts or obligations incurred by her. 7 HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSUIL4.NCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE and HUSBAND are presently the joint owners of an account with Morgan Stanley Dean Witter containing shares of AOL common stock. Within sixty (60) days of this Agreement, HUSBAND hereby agrees to transfer all right. title and interest in said accouot to WIFE. Except as provided above, WIFE agrees to waive all 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein other~vise provided, each party inay dispose of his or her property in any way. and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the: estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each wilk at the request of the other, execute, acknowledge and deliver any and all iustruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. [THE REMAINDER OF THIS PAGE. HAS BEEN INTENTIONALLY. LEFT BLANK] IN THE COURT OF COMMON PLEAS RANDALL B. FOX, Plaintiff VERSUS HEATHER L. FOX, Defendant OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. 2001-1777 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW, DECREED THAT DEcree IN DIVORCE RANDALL B. FOX 2001 ,iT l$ OrDErED AND , PLAINTIFF, AND HEATHER L. FOX ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FO1. LOWiNG CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHIICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement A~reement dated September 24, 2001 and sinned by the parties is hereby incorporated into this Decree, but not merged. ATTEST: PROTHONOTARY