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HomeMy WebLinkAbout04-3698 6 ORIGIN.4l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. GEORGE E. THOMAS, JR., 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland Couuty Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 : NO. 04 - ]fo'fP o~ d..'---r-€fi..~ : CIVIL ACTION - LAW : DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HAD SIDO DEMANDADO EN LA CORTA. Si desea defenderse de las quejas expuestas en (as paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se deliende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una Decision puedda tambien ser emitida en su contra por cnalquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indiguidadas 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de conjeros matrimoniales esta disponible en la olicina del Prothonotary, en la Cumberland County Courthouse, Carlisle, Pennsylvania 17401. SI VSTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANVLAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DE BE LLEVER ESTA PAPEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDE P AGAR IN ABOGADO, VAYA 0 LLAME A LA OFFICINO INDICADA ABAJO PARA AVERIGVARDONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. : NO. 04- J,l..'T"P CiotL ~€R...~ GEORGE E. THOMAS, JR., Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT Plaintiff, PAMELA R. THOMAS, by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE I. The Plaintiff is Pamela R. Thomas, an adult individual who currently resides at 2210 Boxwood Lane, Mechanicsburg, Cumberland County, Pennsylvania, since December 15, 2000. 2. The Defendant is George E. Thomas, Jr., an adult individual residing at 2210 Boxwood Lane, Mechanicsburg, Cumberland County, Pennsylvania, since December 15,2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 1,1987 at Meadville, Crawford County, -2- Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; b. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. c. Section 330I(a)(6) Indienities: Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were -3- set forth at length. I I. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from August I, 1987, the date of their marriage, until [separation date], the date of their separation, all of which are "marital property" or "marital debts". 12. Plaintiff and Defendant have acquired, prior to the marriage or subsequent thereto, "non- marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 14. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. -4- COUNT IV COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 18. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award ofinterim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, ~=F'ESQut( 3448 Trindl Road Camp 1, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -5- VERIFICATION PAMELA R. THOMAS verifies that the statements made in this Complaint are true and correct. PAMELA R. THOMAS understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Ifkl?~ PAMELA R. THOMAS Date: 7 - .;z 3 - DL/ -6- ~\ "B~ If.: ~ .;.0 - r 9-J~ ~ ?~9 V'l 0 CI( () C (). ~~ J-\~ ~ :J ~~ () f,,: ~~ "'Tl ::--1 -<' '-I ~ :'T:~"n f::.:: rnF -om !"'V ~l') C:;::.1 0,) elC') er'i', ~;~ ~!~ ~~~".. rn :~::j ~ -0 :J~ <;.;;; ~~ -c f".,) -.J _...~""..M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. No. 04-3698 Civil Term GEORGE E. THOMAS, JR. Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on August 2, 2004, I served Ci true and correct copy of the Complaint in Divorce upon George E. Thomas, Jr., the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: George E. Thomas, Jr. 2210 Boxwood Lane Mechanicsburg, PA 17055 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. ~~ ~ ( lANE G. RAD L1FF, ESQUIRE' \ Clad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff t . Complete ~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: btOfto-- C~OfY"AS Ji. ~61/0 ~wood ~ 1Y\~f\t\,C~ hulUl\ P A ~::';n~~;PtforM.rchandise J 0 Insured Mail 0 C.O.D. " 055 4. ReIIrIcted DoIIvory? (Extra Foe) ~ 1"9<1 jLfco ,ooo.a 'lI04-104~ Domestic Return Receipt 102595-99-M-1789 2. Article Number (Copy from service label) PS Form 3811, July 1999 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD (") ~ :<:.;.. .'On; rnrn :;:::J) r;;~: L;..~:> --.~ CJ c) n C: ~ - ( ~.., 0::;:::) <::;:) "'-- :1';;.... c:_: (.";' J (.li N C.) (.jj . ~ I~'~ Co '-1 .(5 POST NUPTIAL SETTLEMENT AGREEMENT 10 THIS AGREEMENT made this ~ day of November, 2004, band between PAMELA R. THOMAS, hereinafter referred to as "Wife", AND GEORGE E. THOMAS, JR., hereinafter referred to as "Husba d". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on Augu t 1, 1987; and WHEREAS, Husband and Wife are the natural parents of SHANNO RAE THOMAS, D.O.B. 5-11-1997, a minor child; and WHEREAS, diverse and unhappy differences, disputes nd difficulties have arisen between the parties and it is he intention of Husband and Wife to live separate and apart or the rest of their natural lives, and the parties hereto re desirous of settling fully and finally their respect ve financial and property rights and obligations as between e ch other including, without limitation by specification: he settling of all matters between them relating to the owners ip and equitable distribution of real and personal property; he settling of all matters between them relating to the pa t, present and future support, alimony and/or maintenance of W fe by Husband or Husband by Wife; and in general the settling of any and all claims and possible claims by one against he other or against their respective estates. NOW, THEREFORE, the parties intending to be legally bo nd hereby do covenant and agree as follows: 1. SEPARATION: It shall be lawful for each party at 11 times hereafter to live separate and apart from the ot er party at such place as he or she may from time to time cho se or deem fit. The foregoing provisions shall not be taken as 1 cJt JJtf an admission on the part of either party of the lawfulness or unlawfulness of the causes of their living apart. 2. INTERFERENCE: Each party shall be free from interferen e, authority and contact by the other, as fully as if he or he were single and unmarried except as may be necessary to ca ry out the provisions of this Agreement. 3. PRIOR AGREEMENTS: It is understood and agreed that ny and all property settlement agreements which mayor have b en executed prior to the date and time of this Agreement are n 11 and void and of no effect. 4. ADVICE OF COUNSEL: The provisions of this Agreement nd their legal effect have been fully explained to the parties by their respective counsel, Andrew C. Sheely, Esquire of 27 South Market Street, Mechanicsburg, Pennsylvania, for Husba d, Diane G. Radcliff, Esquire, of 3448 Trindle Road, Camp Hi 1, Pennsylvania, for Wife. The parties acknowledge that each as received independent legal advice from counsel of his or er own selection, that each has fully disclosed his or er respective financial situations to the other including his or her property, estate, assets, liabilities, income nd expenses, that each is familiar with and fully understands he facts, including the property, estate, assets, earnings nd income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of he parties acknowledges and agrees that, after having recei ed such advice and with such knowledge, this Agreement is, in he circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith nd that the execution of this Agreement is not the result of ny duress, undue influence, coercion, collusion and/or impro er or illegal agreement. The parties further acknowledge t at 2 ~ ~ they have each made to the other a full and compl te disclosure of their respective assets, estate, liabiliti s, and sources of income and that they waive any speci ic enumeration thereof for the purposes of this Agreement. 5. MARITAL AND NON-MARITAL PROPERTY: The parties her to acknowledge that individually or during their marriage they have jointly, various marital assets acquir d, and he increased value of non-marital assets and property, includ'ng the following assets and marital debts: A. Jointly owned real estate located at 2210 Boxwood ane, Mechanicsburg, (Upper Allen Township), Cumberland Co nty, Pennsylvania, with an estimated value of $176,900.00; a d B. Husband's 401 (k) managed by Vanguard with Over ight Corporation with a current estimated pre-tax valu of $5,000.00; C. Husband's 20 shares of Overnight Corporation Stock with a current pre-tax value of $400.00; D. Husband's Pension with Overnight Corporation Wl h an estimated, present, pre-tax value of $ 1,045.00 per m payable at age 65; E. Joint PNC Bank Stock (18 shares) in account XXXXXXX9672 with an estimated value of $900.00; F. Joint PNC Bank checking account XXXXXXXX-7484 wi h an estimated value of $1,445.00 as of June 1, 2004; G. Joint PNC Bank Savings Account #XXXXXXXXX-5796 wi h an estimated value of $2,596.18 as of June 1, 2004; H. Wife's PNC Bank checking account XXXXXXXX-8824 wi h an estimated value of $1,172.52 as of June 1, 2004; I. Wife's PNC Investment Savings Plan having an esti ated value of $18,325.00 J. Wife's PNC Pension Plan; 3 ~ jti K. Wife's PNC Investment Account having an estimated alue of $1,411.83; L. Husband's 1996 Dodge 1500 Pick-up Long Bed truck with an estimated value of $4,500.00; M. 2001 Ford Windstar Minivan with an estimated val e of $8,800.00; N. Husband's Savings Account with Overnight Corpor tion with an estimated value of $866.00 through June 1, 2004; O. Wife's Social Security Credits providing an esti ated benefit of $528.00 per month at age 62, together with additional benefits related thereto; P. Husband's Social Security Credits providing an esti ated benefit of $1,005.00 per month at age 62, together with additional benefits related thereto; Q. Husband's term Overnight Corporation Life Ins ance Policy with a face amount of $120,000.00; R. Miscellaneous personal property, including furniture, personal items, dishes, tools, jewelry, increase in alue of non-marital property, equipment, coins and cash; S. National City Mortgage Co. Acct. XXXX-0640 encum the jointly owned real estate at 2210 Boxwood Mechanicsburg, (Upper Allen Township), Cumberland C Pennsylvania, with an estimated payoff of $95,063.19; T. PNC Bank Line of Credit Account Number XXXXXXX -0073 encumbering the jointly owned real Lane, Mechanicsburg, (Upper Allen County, Pennsylvania, with an $8,313.44; u. Ford Motor Credit Installment Agreement encumberi the title to a 2001 Ford Windstar with an estimated payo f of $8,317.40; and estate at 2210 B Township), Cumb estimated payof of 4 ~ )}t1 Husband and Wife acknowledge that they are aware of heir respective rights pursuant to the Divorce Code of 198, as amended, to obtain formal valuations or appraisals of the marital residence, any and all retirement assets, and ther items of marital property. However, the parties agree that they will not.f undertake this expense and acknowledge tha no financial disclosures are attached to this agreement as sep rate exhibits or schedules. The parties hereby waive any nece sity for completing or attaching any financial disclosure (s) . Each party warrants and represents to the other that they have m de a full and fair disclosure of all assets and that the asset and liabilities referenced and included in this Agreement const'tute an exclusive listing of all assets acquired during mar iage. Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosu e is not desired to effectuate a fair and equitable resoluti n of their marital rights, duties and obligations as provided i the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY, BANK ACCOUNTS AND MISC. ITEMS A. Personal Contents: Husband and Wife hereto mut ally agree that they have effected a satisfactory divisi n of the furniture, household furnishings, appliances and household personal property between them, and they mut agree that each party shall from and after the date be the sole and separate owner of all such ta personal property presently in his or her posse whether said property is heretofore owned or individually by the parties hereto, and this shall have the effect of an assignment or bill of sale from each party to the other for such property as may be i the individual possessions of each of the parties h reto. 5 ~ (~ Husband and Wife agree that they have divided be ween themselves, to their mutual satisfaction, all ite s of tangible and intangible marital property. Neither arty shall make any claim to any such items of marital prop rty, or of the separate personal property of either party, hich are now in the possession and/or under the control 0 the other. B. Checking/Savings Accounts The parties reto acknowledge and agree that any and all savings and che king accounts, owned by them jointly or singly, as identifi d in subparagraphs 5 (E), (F) , (G) , (H) and (N) have been divided to their mutual and individual satisfaction. C. PNC Bank (18) shares and Overnight Stock (20 sh es): Husband and Wife acknowledge that all PNC Bank identified in paragraph 5 (E) have been liquidated pri r to execution of this Agreement and distributed in satisf manner to both parties. Husband and Wife agree Husband shall be entitled to all 20 shares of stock 0 Overnight Corporation identified in Paragraph 5 (C) above without further claim from Wife. that the D. Intent of Division The division of property is not, except as otherwise expressly pr ided herein, intended by the parties to constitute in any sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estat As a part of an equitable division of the marital prop and the marital settlement herein contained, the p hereto agree to save and hold each other harmless fr income taxes assessed against the other resulting fr division of the property as herein provided. all the 6 (t ~ 7. REAL ESTATE 2210 Boxwood Lane, Mechanicsbur Iv nia: Husband and Wife agree that they are the joint owners of real estate located at 2210 Boxwood Lane, Mechanics urg, Pennsylvania, 17055. Husband and Wife acknowledged tha the Real Estate lS subject to an Agreement of Sale wherein a ross sales price of $176,900.00 has been reached with the Purcha ers. Husband and Wife agree that the net proceeds (gross sales rice less standard closing costs, including commissions, tra sfer taxes, notary fees, transaction charges and misc. settl ment costs) from the sale of the real estate shall be pai and allocated as follows: A. National City Mortgage Co. Acct. XXXX-0640 encu ering the jointly owned real estate at 2210 Boxwood Lane, Mechanicsburg, (Upper Allen Township), Pennsylvania, with an estimated payoff of satisfied in full at settlement; B. PNC Bank Credit line Account Number XXXXXX X-0073 Cumberland ounty, $95,063.19 s all be encumbering the jointly owned real estate at 2210 oxwood '~ Lane, t County, \' Pennsylvania, ~ ~~ ~. e rtof (~\'\ D. Wife shall receive sixty-three ~ remaining settlement proceeds plus Mechanicsburg, (Upper Allen Township) , Cu erland with an estimated payoff of $8, 13.44. shall be satisfied in full at ng percent (63%) f any shall receive thirty- seven percent $8,000.00 (37%) of and usband any re aining settlement proceeds minus $8,000.00. Husband and Wif agree to set up and establish any and all necessary acco ts to effectuate the distribution of the remaining set lement proceeds as described herein. 7 ~ JJt\ 8. Husband's 401 Pension, 40l(k) ret'rement plan and Vanguard Retirement Benefits A. Overnight Corporation Husband and wife ackn wledge that Husband has acquired a pension through his em loyer, Overnight Corporation, as identified in paragraph 5(D) above, and a 401 (k) plan through Overnight Corporati n as identified in paragraph 5(B) above. Husband and Wife acknowledge a portion (approximately 95%) of Pension monthly benefit at age 65 is marital proper y and that Husband's entire 401 (k) plan is marital propert . wife acknowledges that she is entitled to a portion of retirement plan in accordance with the laws 0 the Commonwealth of Pennsylvania relating to eq itable distribution of marital property. However, for purpo es of distributing marital assets and debts as contemplated within this Post-Nuptial Settlement Agreement, Husband an Wife agree that Husband shall be entitled to all (100%) f his Overnight Corporation pension as identified in paragra h 5(D) and all (100%) of his Overnight Corporation 401(k) ret'rement plan as identified in paragraph 5(B), without furthe claim or demand of Wife. Wife hereby waives, releas sand relinquishes any and all of her rights, title and inte est in Husband's Overnight Corporation pension as identif ed in paragraph 5 (D) and Husband's entire Overnight Corp ration 401(k) retirement plan as identified in paragraph 5(B) Wife acknowledges that Husband shall have full authority 0 name any beneficiary of such plans as shall be determi ed by Husband, in his sole discretion, and Wife agrees to xecute any and all forms necessary to effectuate the purpo es of this paragraph. B. Social Security Husband shall have full and comple e 8 rt 'tt- ownership and interest in together with accumulations further claim from Wife. 9. Wife's PNC Investment Account, Incentive Savin s Plan nd Survivor Pension benefit: his Social of interest Security thereon, b nefit, ithout A. PNC Bank Investment Accounts: Husband and wife acknowledge that wife has acquired a PNC Investment XXXXXXX-3718 with an estimated value of $1,411.83 as 1, 2004, a PNC Bank Incentive Savings Plan Account 'th an estimated balance of $18,325.00 as of June 1, a PNC Bank Survivor's Pension benefit. Husband acknowledge that these PNC retirement accounts and survivor's pension enefit are marital property and that Husband is entitled to a portion of these marital assets in accordance with t e laws of the Commonwealth of Pennsylvania relating to eq itable distribution of marital property. However, for purpo es of distributing marital assets and debts as contemplated within this Post-Nuptial Settlement Agreement, Husband an Wife agree that Wife shall be entitled to full and c mplete ownership of the wife's PNC Investments Account XXXXX X-3718 with an estimated value of $1,411.83 as of June 1, 004 as identified in Paragraph 5 (I) above, Wife's Bank incentive Savings Plan Account with an estimated bal $18,325.00 as of June 1, 2004 as identified in para (J) above, and wife's PNC Bank Survivor's Pension enefit with an estimated value of $7,096.00 as of June 1, 004 as identified in paragraph 5(K) above. Wife shall be enti led to full and complete ownership of these retirement b nefits without further claim from Husband, and Husband agr es to execute any and all forms necessary to effectua e the purposes of this paragraph. 9 ~ her Social of interest Security thereon, c mplete b nefit, ithout B. Social Security: wife ownership and interest in together with accumulations further claim from Husband. 10. SATISFACTION OF DEBTS, LIABILITY NOT LISTED: Husba d and wife acknowledge that they have incurred various marital (joint and separate) debts prior to separation. Husband and Wif agree that Husband shall assume full liability and hold Wife h rmless from any liability for any and all consumer or other d bt in Husband's name. Husband and Wife agree that Wife shall assu e full liability and hold Husband harmless from any liability for ny and all consumer or other debt in wife's name. shall have full and Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other lia ility, other than those described in this Agreement, on which th other party is or may be liable. A liability not disclosed this Agreement will be the sole responsibility of the party 0 has incurred or may hereafter incur it, and such party agrees pay it as the same shall become due, and to indemnify and h the other party and his or her property harmless from any and a 1 such debts, obligations and liabilities. 11. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wi e each represents and warrants to the other that he or she will ot any time in the future incur or contract any debt, charge or li bility for which the other, the other's legal representatives, p operty or estate may be responsible. Prom the date of execution f this Agreement, each party shall use only those credit car sand accounts for which that party is individually liable. Eac party hereby agrees to indemnify, save and hold the other and his or her property harmless from the claims of the other party. 10 t 12. WAIVERS OF CLAIMS AGAINST ESTATE: Except as herein ot erwise provided, each party may dispose of his or her property in and each party hereby waives and relinquishes any and all he or she may now have or hereafter acquire, under the pre future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relati nship, including without limitation, dower, courtesy, st tutory allowance, widow's allowance, right to take intestacy, ri ht to take against the Will of the other, and right to ct as administrator or executor of the other's estate, and each at the request of the other, execute or acknowledge and deli and all instruments which may be necessary or advisable t into effect this mutual waiver and relinquishment of al interests, rights and claims. A. This paragraph shall not affect either party's r'ght or power to expressly include the other party as benefic'ary in any Will or other document, whether written in the pas or in the future. B. This paragraph shall not affect either party's r'ght or power to expressly include the other party as benefic'ary of any insurance policies whether effectuated in the pas or In the future. carry such 13. CHILD SUPPORT: The parties hereto acknowledge that Wife's current net monthly income is approximately $1,257.54 pe month and that Husband's current monthly income is approx mately $2,536.00 per month. The parties combined net monthly ncomes total approximately $3,793.61. Based upon a combined onthly income of $3,793.61, support obligation of both parties equals approximately $750.00 per month. Husband's percentage f the combined monthly income equals approximately sixty- seven ercent 11 (67%) and wife's percentage of the combined monthly income equals approximately thirty-three percent (33%). Husband's basic child support obligation consideri g the parties' incomes, equals approximately $500.00 per month, which amount shall be paid by Husband to Wife on the first day f the month for the month in advance commencing December 1, 2004. In addition the parties agree that they will qually contribute to the day care expenses as they are incurred. In addition, Husband and wife acknowledge that Husba will continue to provide health insurance through his em loyer. unreimbursed medical expenses that exceed $250.00 annual y per child shall be paid 67% by Husband and 33% by Wife. W' fe is responsible to pay the first $250.00 annually per ch ld in unreimbursed medical expenses. Wi thin thirty (30) days after execution of this Agreement, Husband shall submit to Wife ritten proof (health insurance card) that medical insurance cove age is in existence. In the event Husband unreasonably fails to make a child support payment in accordance with this Agreement on or bef re the first (1st) day of each month, this Agreement shall be su mitted to the Domestic Relations Office of Cumberland County or an other county with appropriate jurisdiction for enforcement purpos s. In such event, each party agrees to execute any documents s are required by the Domestic Relations Office to effectuate th terms of this Agreement. Wife shall deposit all checks paid by usband as child support within seven (7) days from receipt 0 such amount. The parties hereto acknowledge that all issues concern ng the support of the minor child are presently resolved witho t the necessi ty of at tending a formal child support conf rence. Notwi thstanding the present circumstances and the terms f this 12 ~ ~ Agreement, Husband and Wife understand and acknowledg that circumstances may necessitate an adjustment in the amo nt of support either upwards or downwards, depending upon the hild' s circumstances and the respective incomes or earning capaci ies of the parties hereto in accordance with general support sta dards. In the event Husband and Wife cannot agree upon the amo nt of child support at any time hereafter, Husband and Wife agr e that nothing set forth in this paragraph or this Marital Prope ty and Settlement Agreement shall prejudice the right of either p rty to file a petition for modification or entry of an amount 0 child support, at any time, in any Court of appropriate jurisd ction. It is the specific intent of the parties that this Agree designed to avoid the present filing of formal child upport proceedings only, and any future award of child support governed by the applicable support guidelines and cas law, whether or not such determination results in an incre se or decrease as to any amount agreed upon herein. 14. ALIMONY: The part ies hereto agree and do hereby wa ve any right and/or claim they may have, both now and in the uture, against the other for alimony, alimony pendente lite, pousal support and maintenance. 15. HEALTH INSURANCE: Husband and Wife acknowledge that Wife's health insurance through Husband's employer shall cease u on the entry of a f inal divorce entered in any pending divorce ct ion. Husband and Wife further acknowledge that Wife may be enti led to continued health through Husband's employer in accordanc with Federal law at a single COBRA rate. Wife will pay for her health insurance, without assistance from Husband, upon the entr of a Decree in Divorce. 16. LIFE INSURANCE: The parties acknowledge and agre that Husband's term life insurance policy identified above in pa agraph 13 (b j;\ 5(R) shall be retained and maintained by Husband without claim or interest of wife. The foregoing notwithstanding shall designate the parties' child as the beneficiary of an benefits payable under said policy until the parties' reaches age 18, which benefits shall be held by Angela Th as as trustee for the child and may be used by her to pay the hild's regular monthly expenses and educational costs. 17. INCOME TAX RETURNS: Each party represents and warr ts to the other that they shall file a separate income tax ret n for tax year 2004 and income tax returns thereafter. Info mation maintained by one party which is necessary to complete any income tax return shall not be unreasonably withheld upon the req est of either party. 18. EFFECT ON DIVORCE: The execution and delivery 0 this Agreement is not predicated upon nor made the subj ect f any agreement for the institution, prosecution, defense or f r the non-prosecution or non-defense of any action for divorce. othing in this Agreement, however, shall prevent either Wife or us band from prosecuting any other action for divorce, either abso ute or otherwise, on lawful grounds if such grounds presently e ist or may exist in the future or from defending any such acti with such defenses as are presently or may in the future become available. Wife has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2004- 3698 seeking a divorce decree pursuant to, inter alia, 55 301 (c) and 3301 (d) of the Divorce Code. It specifically is und rstood and agreed by and between the parties and each party does hereby warrant and represent to the other that, as defined in the ivorce Code, the parties acknowledge that their marriage is irretr evably broken and that they do not desire marital counseling. The parties agree to take all legal steps (including the tim ly and urther usband death child 14 ~ prompt submission of all documents and the taking of all a tions including executing the appropriate waivers of notice 0 the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to S ction 3301(c) of the Divorce Code is entered as soon as possible. To that end, the parties agree to promptly file the affi avits required to obtain a divorce pursuant to ~ 3301(c) of the D'vorce Code. If, after the execution of this agreement, either party delays or contests the obtaining of a final, unappealed d' orce decree, that party shall be fully responsible for all atto eys' fees, costs and/or expenses incurred as a result of such del y in obtaining the decree. 19. MUTUAL RELEASE: Subject to the provisions of this Agree ent, each party has released and discharged and by this Agreement does for himself of herself and his or her heirs, egal representatives, executors, administrators and assigns, re ease and discharge the other of and from all causes of action, cl ims, rights or demands whatsoever in law or equity, which either 0 the parties ever had or now has against the other, except any 0 all causes of action for divorce and except any and all cause of action for breach of any provisions of this Agreement. 20. WARRANTY OF DISCLOSURE, Husband and Wife represent and warrant that they have disclosed to each other the full exte t of their assets, income and liabilities. Each party has had ple opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement base on an allegation of lack of sufficient disclosure of asset or income. 21. MOTOR VEHICLES: With respect to the motor vehicles owne one or both of the parties, Husband and Wife agree as follows: by 15 ~ ~ A. Husband and wife agree that title to the 200 Windstar Minivan identified in paragraph 5 (N) above transferred to Wife as soon as conveniently may following receipt of the title from the Ford Motor Corporation. B. Husband and Wife agree that title to the 1996 Dodg 1550 pick-up truck identified in paragraph 5 (M) above sh 11 be transferred to Husband as soon as conveniently may b done following execution of this Agreement. Ford done redit 22. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This agr ement shall not be considered to affect or bar the right of Husba d and Wife to an absolute divorce on lawful grounds if such groun s now exist or shall hereafter exist or to such defense as ay be available to either party. This Agreement is not inten ed to condone and shall not be deemed to be condonation on the p rt of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy diffe ences which have occurred or may occur subsequent to the date here f. 23. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The p rties agree that the terms of this Agreement may be incorporate into any Divorce Decree which may be subsequently entered with r spect to them. 24. NON-MERGER: It is the parties' intent that this Agr ement does not merge with any subsequent Divorce Decree, but rath r, it continues to have independent contractual significance an each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation r as provided by law or statute. 25. BREACH: If either party breaches any provision of Agreement, the other party shall have the right at his election, to sue for and recover damages for such breach 0 this her seek 16 ~ such other remedies or relief as may be available to him 0 her. The party breaching this Agreement shall be responsible f payment of all legal fees and costs incurred by the other enforcing his or her rights under this Agreement, or seekin such other remedy or relief as may be available to him or her. 26. MODIFICATION AND WAIVER: A modification or waiver of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agre ment. The failure of either party to insist upon strict performan e of any of the provisions of this Agreement shall not be constru d as a waiver of any subsequent default of the same or similar nat reo 27. VOID CLAUSES: If any term, condition, clause or provisi n of this Agreement shall be determined or declared to be vo' d or invalid in law or otherwise, then only that term, condi ion, clause or provision shall be stricken from this Agreement a d in all other respects this Agreement shall be valid and contin e in full force, effect and operation. 28. VOLUNTARY EXECUTION: The parties acknowledge that they have received independent legal advice from counsel of their sele tion or that they have been provided the opportunity to seek independent legal advice and that they fully understand the acts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agre ment is, in the circumstances, fair and equitable and that it is eing entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of his Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or ill gal agreement or agreements. Further, the parties acknowledge hat both parties drafted the content and language used in his agreement and that any ambiguity found to exist shall no be 17 ~ ~ construed in favor of one party or against another on the ba is of the drafting of this agreement. 29. This Agreement constitutes the INTEGRATION: ntire agreements and negotiations between There a e understanding of the parties and supersedes any and all prior no them. representations or warranties other than those expressly set forth herein. 30. MUTUAL COOPERATION: Each party shall, at any time an from time to time hereafter, take any and all steps and ex cute, acknowledge and deliver to the other party, any and all f rther instruments and/or documents that the other party may reas nably require for the purpose of giving full force and effect t the provisions of this Agreement. 31. This Agreement shall be construed und laws of the Commonwealth of Pennsylvania. For purpose of co tract APPLICABLE LAW: interpretation, this Agreement shall be construed as being prepared by both Husband and Wife. 32. AGREEMENT BINDING ON HEIRS: The terms, provision and conditions of this Agreement shall be binding upon any and a 1 of the heirs, executors, administrators, successors or assig s of either of the respective parties hereto, except as othe wise herein provided. ENTIRE AGREEMENT: This Agreement contains the e tire 33. understanding of the parties and there are no representat 'ons, warrants, covenants or undertakings other than those expressl set forth herein. The descriptive headings used h rein 34. DESCRIPTIVE HEADINGS: are for convenience only. They shall have no effect whatsoev r in determining the rights or obligations of the parties. 18 (j; ,~ BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING R AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGE THAT PROVISIONS OF THIS AGREEMENT SHALL BE AS FINDING UPON THE AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their han sand seals the day and year first above written. WITNESS: I ~R. Th_. -4 y c:L;/ George E. Thomas, Jr. 19 (SE L) (S AL) . COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND: On this the 15+" day of ~OueV11fxv 2004, befo the undersigned officer, personally appeared, George E. Th Jr., known to me (or satisfactorily proven) to be the p whose name is subscribed to the within Agreement, acknowledged that he executed the same for the purposes th contained. e me mas, rson and rein IN WITNESS WHEREOF, I hereunto set my hand and not rial seal. /,( ') OTARY PU NOTARIAL SEAl. ElEC,'KY M. KNISEl.Y,llQtllry P1JbIlc MechlIr,k:sllurg Elmo. CUrr1b:lrIand Co. My C4lIl1ll'.Is3lon Ellpllw Nov. 19, 2008 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the qyday of "-.)O~ ~ 2004, befor the undersigned officer, personally appeared, Pamela R. T NAME], known to me (or satisfactorily proven) to be the p whose name is subscribed to the within Agreement, acknowledged that she executed the same for the purposes th contained. IN WITNESS WHEREOF, notarial seal. me mas rson and ein I have hereunto set my hand and COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diane G. Raddiff, Notary Public Camp Hill Bora, Cumberland County My Commission Expires Jan. 11, 2008 Membw. Pr"~nsvlv3nI8 AS";0C\.:Jiir,[',:y Notaries 20 ~, r-' ~~ -:1: c,~ ...,~- tv J;;" -'"'0"\ ~, -:' <;(, ~~.,., ('."\(::, -,,>:'}\,' :',';??, ~{~J~ >~::\ -;.;; '.< c~) -J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. No. 04-3698 Civil Term CIVIL ACTION - LAW IN DIVORCE GEORGE E. THOMAS, JR. Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed n July 28, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9 ) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of i tention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I un erstand that false statements herein are made subject to the penalties of 18 Pa.c.S. Sectio 4904 relating to unsworn falsification to authorities. Dated: 1[- q-oL/ ~ ..;g. ~ c:) ...;;;. t'~ r. C} ,.n ---~ -:-r:.-1\ r':'l.~ ,."".,.I;j ~ J) ',' (~!;~~\ 4;7 "";;' -):. c:? (~~:) c;P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. No. 04-3698 Civil Term CIVIL ACTION - LAW IN DIVORCE GEORGE E. THOMAS, JR. Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330llc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, I wyer'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 t e Court and that a copy of the decree will be sent to me immediately after it is filed ith the Prothonotary. I verify that the statements made in this Waiver are true and correct. I unde stand that false statements herein are made subject to the penalties of 18 Pa.c.S. ~4904 r lating to unsworn falsification to authorities. Dated: 11- q- OY ,,, c::;::. t,':::;' J:- -"" '"~ -c f'v "". o -n ~7~ p~ ."nfTl ~.J}~,1 ~0 ~~~ it:; :!J :':;h~ -' ;r:........ ::'1: S? ~,' CO ,'-' ::lJ. _.><C' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. No. 04-3698 Civil Term CIVIL ACTION - LAW IN DIVORCE GEORGE E. THOMAS, JR. Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed 0 July 28, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9 have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of i ention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I un rstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sectio 4904 relating to unsworn falsification to authorities. Dated: /1- /::-0<-/ ~ '? -.z: "0 .....c. r;:?- ~. \~ -.. :.-~ -.-. ~\F-~ -0\3 ""1 <:'>.C)- -~~ "~~_-1' ",)) !;"'~\Kl {:?t 1f2 co .' (JJ <.P ---------- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA R. THOMAS, Plaintiff v. No. 04-3698 Civil Term CIVIL ACTION - LAW IN DIVORCE GEORGE E. THOMAS, JR. Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, awyer'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 t e 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 Waiver are true and correct. I und rstand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 elating to unsworn falsification to authorities. Dated: //-/5'-()/ ,'" C'-" ~ ,lC- e) ..:. f'~ ~"' () -"(\ --' ~"'"'1" p"\f;;:' ~~;:"), <)~ j:::1 () ~;-l.':;'i "\,,,'n '~:)('"') <~fr\ ;;~~ j:) ,,-!... ce '-" ..P Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3698 CIVIL TERM PAMELA R. THOMAS, v GEORGE E. THOMAS, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorc decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filing of Complaint: July 28, 2004 b. Manner of service of Complaint: Certified mail/restricted delivery c. Date of Service of Complaint: August 2, 2004 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: November 9, 2004 b. Defendant: November 15, 2004 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DI RCE CODE AND DATE OF SERVICE OF THE PLAINTlFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: Nt A b. Date of Filing: Nt A c. Date of Service: Nt A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement ated November 9, 2004, which Agreement is to be incorporated into but not merged with the Divorce Decree. S. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT ECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(1) F THE DIVORCE CODE: a. Date of Service: Nt A b. Manner of Service: Nt A OR DATE WAIVER OF NOTICE IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE PROTHONOTAR a. Plaintiff's Waiver: November 24, 2004 b. Defendant's Waiver: November 24, 2004 CJ ~; ,- ....., = <.::::::' ..J:" ...". (3 -c:.: o -n :::rJ fllp -,-"in -,,0 i;0~1:~ (,,)(') >:::Cl'1 r::.) ;'L;~ ",.~.., -~, "'.., N .r:' co <...' ill +'+' '+' ;+; ;+; :+' ;+; ;+; ;+; if. if. ;+; ;+; if. :+' ;+; if. :+' if. ;+; :+' if. ;+; ;+; ;+; ;+; + '+' + +: + '+' + + ;+; +: '+' + + + + + + ;+; +: + '+' + + + '+' + + + + + '+' + + + +: + + ;+; + + + + + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +'f + :+' +: 'f 'f + 'f '+' + +: + + + + + ++ . . + + . . . + . . . + . . . . + . . . . . . . . + . . . . . . . . . . . . + + . . . . . . + . . . . . . . + . + + . + . . . + . . . . . + + . . . . . . . . . . + . . . . . . . . . . . . + . . . . . . . . ++++++:+++++:+:+:+,+++++:+:++++++:+:'f++'+'++++++++++++++++++++++++++++++ IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. PAMELA R. THOMAS, Plaintiff No. CIVIL TERM 04-3698 VERSUS GEORGE E. THOMAS, JR. , Defendant DECREE IN DIVORCE AND NOW, ~ov 30 ,~~, IT IS ORDER DECREED THAT PAMELA R. THOMAS , PLAINTIF , AND GEORGE E. THOMAS, JR. , DEFENDA ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHI BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H VET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settle the Partles' Marltal Agreement dated November 9, o l e into, but not merged with, this Decree. Bv THE COURT: /J k!. ~ tl!~k'(j 0 ., AT E T: . . :+'+:+':+''f:+' T, H HAVE S NOT by re or J, ~ ~/? '1r,?~/ ~?L, Fl ~.. r.; ~4' r '/ /1!l':W ~?,r{? fi(} f. (I . . '