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HomeMy WebLinkAbout04-3815 E: \3561-1div.complaint.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plaintiff v. CNIL ACTION - LAW NO.2004- 3 ~ J~ ~,......... DAVID M. COLE, Defendant IN DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plaintiff v. CIVIL ACTION - LAW NO.2004- 3'i15 CWJ. Ib-- DAVID M. COLE, Defendant IN DNORCE COMPLAINT IN DIVORCE AND NOW, this 4th day of August, 2004, comes Plaintiff, Charlotte S. Cole, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Charlotte S. Cole, who resides at 1711 Fountain View Street, Charlotte, North Carolina 28203. 2. The Defendant is David M. Cole, who resides at 1010 Armstrong Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on August 16, 1980, in Lexington, Rockbridge County, Virginia. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, ,~ Michael J. Hanft, Esquir Attorney ID No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon infonnation which 1 have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. This statement and verification are made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false avennents, I may be subject to criminal penalties. (') ....., ~ ~ - j--- C~., C) c;.:J ?-'C... -C' '11 _r:.... ...-1 '" ~ <. l;-; :-1 "" '" '" ~ ~_.. ~, " ,. ~ -r~, --- , -.l -<:> J:;--"-c '? , / v -., cf -~ C;l C.':; - -,...-...- ..-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S, COLE, Plaintiff v, CIVIL ACTION - LAW NO, 2004- 3815 DAVID M. COLE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, David M, Cole, the Defendant in the above captioned matter, hereby accept service ofthe Complaint in Divorce filed on August 4,2004, in the above captioned matter, , Dated: g tflIq 0 ~ I-/~<-- D F:IUser FolderlFirm DocsIGendocs200413561-1aoc.service.wpd ;i~~ :.":.-:. .c'.-::_ :~ (") C :ti- _.'l'!t, I:;;':: :; 1 I -' t--.) = = oJ:'" :;r.: o ...;;: N \.D -0 ::r.: ~ ~~ :06 g-r. "<.... -rl Qo (~rn ~;! ::u -< +" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plainti ff v. CNIL ACTION - LAW NO. 2004- 3815 DAVID M. COLE, Defendant IN DNORCE AFFIDAVIT OF CONSENT STATEOF VIYCJ\\\CoJ COUNTY OF -=f-O ~ y ~\C ) : SS. ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 4, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. 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 prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date:~ ,2005 ~~~~ Charlotte S. Cole Sworn to and subscribed before me this FJT\<'-- day of W (J\{.R.N\i\ \lV\ 2005. ~pj/;zr)~ t~ tary Pub Jaclyn E. Fisher Notary Public o ~"~ '~.~.;:; o -n -' (./? .\.^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CHARLOTTE S. COLE, Plaintiff v. CNIL ACTION - LAW NO. 2004- 3815 DAVID M. COLE, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(0 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 conceming alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unswom falsification to authorities. Date: :;) jo..X:Af () S- ~~~~c9 Charlotte S. Cole o c ,-.) c:? 'Z:;,~ _.,- ",:,. c:2 ...:- o -n :? --' -:! (.:? ~:." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plaintiff v. CIVIL ACTION - LAW NO. 2004- 3815 DAVID M. COLE, Defendant IN DlVORCE AFFIDAVIT OF CONSENT STATE OF P""">jlv<lo,,^ COUNTY OF ~b<,"'\,"".l ) : SS. ) 1. A Complaint in divorce under Section 330I(c) of the Divorce Code was filed on August 4, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of notice of intention to request entry ofthe Decree. 4. 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 prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Date: --.11 - J. , ,2005 ~. Sworn to and subscribed before me this J. (; dayof #OJ"....[.,n ,2005. ~/ {. fljJlL Nota Pubhc fi\User Folder\Firm Docs\Gendocs200SUS61-1 affidaviLCOllsenLwpd COMMONWl::ALfH OF PENNSYLVANIA NOTARiAl SEAl RODNEY e. HlGHLANDS. NoIaIy NllIc Boro 01 CaIlIaIe. CUIl1b8IIlInd County My ComniB8Ion ExplM Ma~~.:.~ f"-? "-:-1 c:-"-'-:' ~~" '>r::> ,,-J\ .....'': c~ c.) c:::) ,.---- ..~ :;:J -" .,....;~ l"~ -...----- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plaintiff v. CIVIL ACTION - LAW NO. 2004- 3815 DAVID M. COLE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER f\330HC) OF THE DIVORCE CODE 1. I consen1 to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: z.~ ~NO~ F\User Folder\Fil~n Docs\Gendocs2005\3561 -lwaivef.notice. wpd 'f ~-~~ , ::~~l ,-:\ r-~) ::.:oi-\ ..-\ :.\\ c..) o .,,,,e' l'~ . ' HUser Foldcr\Firm DocsIGendocs20058561-1Tl1.'la.5. wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plaintiff v. CNIL ACTION - LAW NO. 2004- 3815 DAVID M. COLE, Defendant IN DNORCE MARRIAGE SETTLEMENT AGREEMENT AND STIPULATION THIS AGREEMENT, made this ~ dayof ..o./e,,,--v:.0\.- ,2005, by and between DAVID M. COLE, of 1010 Annstrong Road, Carlisle, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and CHARLOTTE S. COLE, of 7562 Cross Gate Lane, Alexandria, Virginia, party ofthe second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on August 16, 1980, in Lexington, Rockbridge County, Virginia; and WHEREAS, Husband's Social Security Nwnber is 227-80-1051; Wife's Social Security Number is 225-80-2140; and WHEREAS, Husband and Wife have been living separate and apart from each other since Oct 2001; WHEREAS, Husband and Wife were residents of the Commonwealth of Pennsylvania and had been so for at least the past six (6) months prior to the filing ofthe Complaint in Divorce; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention 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 and to settle all financial and property rights between them; and a.....---DMC Page 1 of 15 (&~ CSC ,---- WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attomeys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration ofthe mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each ofthe parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in anyway ~MC Page 2 of 15 --f.~'~ CSC --..- by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy ofthis Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any ofthe parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County at docket number 2004-3815. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit this Agreement to survive any such agreements. ARTICLE III: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages ofthe parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased eaming power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution ofthe parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. The distribution of all items of personal property not listed on Exhibits A and B herein shall be amicably resolved between the parties. The distribution of all items of personal property not listed on Exhibits A and B herein shall be amicably resolved between the parties. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. I"1.---])MC Page 3 of 15 (_~ CSC a. Husband shall receive the Lund boat and shall assume sole responsibility for the loan on said boat to Deutsche Bank with an approximate monthly payment of Two Hundred Thirty-SevenDollars and Eighty-Four Cents ($237.84) and an approximate balance ofTen Thousand ($10,000.00) Dollars. Husband further agrees to indemnify and hold Wife harmless from any and all liability or loss in connection with same. b. The Parties understand and recognize that due to the refinancing ofthe marital property at 1010 Am1strong Road, Carlisle, Pennsylvania, in December of2004 the property will not be able to be divided until January of2009. Husband shall assume sole responsibility for the current mortgage on said property to HSBC Mortgage Services with an approximate balance of $230,000 and shall hold Wife harmless from any liability or loss in connection with same. Husband shall be solely responsible for the real estate and school district taxes on said property and shall hold Wife harmless from any liability or loss in connection with same. Furthermore, Husband shall hold Wife harmless from and indemnify her against any and all liability related to conditions, acts or omissions on the property. Wife may claim fifty percent ownership of the property and the resulting deductions on her federal income tax return. Wife shall transfer to Husband all her right, title and interest in and to the parties' jointly-owned property located at 1010 Armstrong Road, Carlisle, Cumberland County, Pennsylvania as soon as is possible given the circumstances of the refinanced mortgage. At the time the property is transferred, Wife shall receive one half of the remaining value of the property at the time of transfer after the outstanding balance on the mortgage has been deducted from the fair market value of the property. Wife shall be compensated for said value by a lump swn payment by Husband ifhe retains the property, or from the proceeds if the property is sold on the open market. i. Until transfer of the property from Wife's name, Wife may visit the property approximately once per month to inspect the property and, in absence of Husband, do minor maintenance such as changing the furnace filter, ensuring third-party housekeeping services are being performed properly, and scheduling repairs by professionals. Wife shall not undertake major caretaking ofthe property such as lawn care and yard work, painting, major cleaning. Husband will be responsible for the cost of maintenance and repairs to the home. c. Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of1he other party. Husband agrees to transfer to Wife all his right, title and interest in the 1999 Volvo V70 titled in both parties' names. Wife agrees to assume sole responsibility for the loan on said vehicle to Volvo Car Finance, NA with an approximate monthly payment of Four Hundred Seventy-Five Dollars and Fifty Cents ($475.50) and an approximate balance of Twelve Thousand Five Hundred Dollars ($12,500.00). Ifnecessary, within thirty (30) days ofthe date of execution ofthis document, each party shall execute the necessary documents to have said vehicles property registered in the other party's name with the Pennsylvania Department of Transportation. ~DMC Page 4 of 15 Cv<-.--' CSC (:- .. d. Husband agrees to transfer ownership of the Mass Mutual Life Insurance Policy (Number 57492605) to Wife and he further agrees to continue to pay the premium indefinitely. 3.4 a. Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. b. Wife shall receive 50% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 50% of any future cost ofliving increases in said retirement retainer pay, computed from the gross sum thereof. For the purpose of interpreting this Agreement and making the divisions set forth, "military retirement" includes retired pay paid or to which Husband should be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied (except for deductions because of an election to provide a survivor benefit annuity to Wife). It also includes all anlounts of retired pay Husband actually or constructively waives or forfeits in any manner and for any reason or purpose, including but not limited to any waiver made to qualify for Veterans Administration benefits, or reduction in payor benefits because of other federal employment, and any waiver arising from Husband electing not to retire despite being qualified to retire. It also includes any sum taken by Husband in addition to or in lieu of retirement benefits, including but not limited to exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation distributable to separation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member, except that the percentage of such benefits payable to Wife shall have to be recalculated to take in to account that fewer than 240 months of total service have accrued. All sums payable to Wife as a portion of military retirement shall be payable from Husband's disposable retired or retainer pay to the extent that it is so restricted by law. Said payments shall be made by direct deposit through the Defense Finance and Accounting Service disbursing office, its agent, or any future entity that handles the payment of military retirement benefits. Nothing in this Agreement shall be construed to adversely affect Wife's rights or entitlements under the Uniform Services Formal Spouses Protection Act, 10 U.S.C Section 1408 et seq. or Social Security law. The Parties agree to cooperate by completing any future documents or taking any future actions that are necessary to effectuate the purpose ofthis paragraph. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result ofthe marriage relationship. ~DMC Page 5 of 15 . C:.---' C2__j CSC ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Except as provided in this Agreement and Stipulation, Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Peunsylvania Domestic Relations Code. a. Beginning with the first day of calendar year 2008, Husband shall pay to Wife Ten Percent (10%) of his gross salary as alimony. Said payments shall be made in monthly installments and shall be electronically transferred by the final day of each month. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. Husband shall assume sole responsibility for the following marital debts and agrees to indemnify and hold Wife harmless from any and all loss or liability in counection with same: a. Insurance payment to USP A/IRA (now First Command) in the approximate monthly amount of Two Hundred Sixty-Six Dollars and Thirty-Nine Cents (266.39); b. Pentagon Federal Credit Union Visa with an approximate balance of Eighteen Thousand Nine Hundred Sixty Dollars and Twenty-Seven Cents ($18,960.27); c. Husband's PenCheck to PFCU with an approximate monthly payment of Five Hundred to One Thousand Dollars($500.00-$1,000.00); d. Line of Credit to Pentagon Federal Credit Union TCS with an approximate monthly payment of Three Hundred Fifty Dollars ($350.00)and an approximate balance of Twelve Thousand Nine Hundred Seven Dollars and Eleven Cents ($12,970.11); e. Electric bill for marital residence to PPL Electric Utilities with an average monthly payment of One Hundred Dollars ($100.00); ~DMC Page 6 of IS 0:-...; CSC \;:_m_~ f. Gas bill for marital residence to UGI with an approximate monthly payment of One Hundred Fifteen Dollars ($115.00); g. Cable bill for marital residence to Comcast with an approximate monthly payment of One Hundred Twenty-Five Dollars ($125.00); h. Water/Sewer bill for marital residence to Borough of Carlisle with an approximate monthly payment of Fifty Dollars ($50.00); i. Life Insurance payment to Mass Mutual with an approximate monthly payment of Four Hundred Fifty- Three Dollars and Fifty Cents ($453.50); j. Payments for the support of Husband's mother in the approximate monthly amount of One Hundred Twenty-Five Dollars ($125.00); k. Emilie's student loan to GLHESC with an approximate monthly payment of Eighty-Eight Dollars and Fifty-Seven Cents ($88.57); I. Auto insurance on the 2005 Ford Explorer, homeowner's insurance (including contents) on the house at 1010 Armstrong Road, boat owner's insurance all to USAA with an approximate monthly payment of ($525.00); and m. Wife's health insurance to AUSA Mastercare with a quarterly payment of One Hundred Ninety-Five Dollars and Eighty-Four Cents ($195.84). Wife shall assume sole responsibility for the following marital debts and agrees to indemnify and hold Husband hannless from any and all loss or liability in connection with same: a. Insurance payment to USP A/IRA (now First Command) with an approximate monthly payment of Thirty-One Dollars and Seventy-Seven Cents ($31.77); b. Life Insurance payment to Mass Mutual with an approximate monthly payment of Ninety-Four Dollars and Fifty Cents($94.50); and c. James' loan to Pentagon Federal Credit Union with an approximate monthly payment of One Hundred Twenty-Seven Dollars and Fifty-One Cents ($127.51) and an approximate balance of Two Thousand Dollars ($2,000.00); and d. Auto insurance on the 1999 Volvo station wagon and renter's insurance to USAA with an approximate monthly payment of One Hundred Five Dollars ($105.00). In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have Y2-----DMC Page 7 of 15 -, . ~ CSC C no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have retained independent legal counsel. The prOVISIOns of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties agree and consent to the fact that Sean M. Shultz, Esquire, of Knight & Associates, P.C., represents Wife. Husband has had the opportunity to retain independent legal counsel. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as byway of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution ofthis Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for 1he breach of any thereof. 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities YL./"'/DMC Page80f 15 Ch-- CSC \.: incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 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 personal 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 WalTants 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 further warrants, ~DMC Page 9 of 15 , .C::'..J CSC t .~ represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant ofthe wealth, real and/or personal property, estate and assets, eamings and income ofthe other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Retums (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shaIl survive any action for divorce and decree of divorce and shaIl forever be binding and conclusive on the parties; and any independent action maybe brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fuIly satisfied and performed. The consideration for this Agreement is the mutual benefits 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 legaIly bound hereby. 6.13 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shaIl pay all the costs and legal fees of the party who is seeking the divorce. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: 'l(~rt~C 4~f{:(['i~ c#~. ~.. ~~~~ ~ h)r;~ fA 0 -:) Charlotte S. Cole Page 10 of 15 Exhibit A Assets to be retained by Husband Old Town Canoe and accessories/equipment Dining Room Eight place settings of Oxford china, Bryn Mawr pattem Eight place setting of Crystal D'arque stemware, Versailles pattern; white wine, red wine, champagne and cordial stems Master Bedroom Mattress and Boxsprings Outdoor Living All items Garage/Tools All items not listed in Exhibit B to be retained by Wife ~DMC Page 11 of 15 {(~' CSC .......-- Exhibit B Assets to be retained by Wife Dining Room One drop-leaf table Two banquet ends One sideboard or console One comer china cupboard Two sets of six shield-back chairs (total of 12 chairs) One beveled chen)' mirror Set of Haviland Limoges china, Greek Keypattem (including 10 place settings and assorted serving pieces) One Moriage silver tea and coffee serve (with tray) Fostoria "Americana" crystal, including punch bowl with 24 punch cups, 12 iced tea glasses, 12 water glasses, 12 salad plates, 12 dessert plates, 12 juice glasses, several serving pieces, including cold vegetable tray, large square compote, small round compotes, relish tray, relish bowl, salt and pepper shakers, and jelly dishes Gorham silver flatware, Fairfax pattern, including the serving pieces and Wife's baby cup Cherry wood silver storage box Two sets of Baldwin and/or Virginia MetaIcrafters brass candle holders Small cherry drop-leaf occasional table Oriental Rug ~DMC Page 12 of 15 m""", (CY CSC .........-.- Master Bedroom Bedroom Suite - Full size cherry bed, headboard, side rails, support slats and footboard in a "spool" Jenny Lynd style Two cherry Pembroke night tables in the "spool" Jenny Lynd style One cherry shaving mirror/valet One cherry vanity with large oval mirror One cherry vanity bench with upholstered top One electrified antique oil lamp (turquoise blue china with floral design) with a Tam O'Shanter globe One walnut spindle-back rocking chair One antique pine blanket chest One open-bask side chair with carved grapes decoration and pale rose-colored velvet upholstery One barrel-back chair with a pale green brocade slipcover Living Room Two barrel-back occasional chairs, plaid upholstery One marble-top coffee table Three framed Japanese silk block prints One shadow-bow framed Japanese ceremonial fan One Japanese lacquered vase with silk orchid One small porcelain Hummel figurine (girl and boy) One tin box (German lebkuchen container) filled with painted Easter eggs and ornaments from various European countries '1.---nMC Page 13 of 15 . ""'I (~~-::- CSC One antique china "Gone with the Wind" lamp Various table linens, including a cut-lace table cloth and napkins from Switzerland, an Army-Navy tablecloth and napkins, several embroidered cotton table runners, and a damask tablecloth Family Room Antique German bauernschrank (painted) Antique oak sideboard Antique oak and poplar freestanding kitchen cabinet Brass fireplace tools Oak pedestal table Six cane bottom chairs Framed flour sacks of the Lewis Mill Manor All P. Buckley Moss prints Oak desk (entry hall) Rope-leg cherry table Oak pedestal table with six leather-bottom chairs Humpback steamer trunk Drafting table Selected omaments owned by Wife prior to the marriage of the parties and/or given to her by her parents during the marriage Wife's knitted Christmas stocking Numberg angel given to her by her father and those she made for Emilie and James The Kaiser porcelain Christmas plates, bell and boxes Vz.--- DMC Page 14 of 15 ~c' CSC ~ , , . John LeCarre books Selected pictures of Emilie and James All Wife's personal files Study/Library Garage/Tools Selected tools including shovels, rakes, hoes and clippers ~DMC Page 15 of 15 }",(Y csc '- ,., n ~ , 0 ., ~:,' -n .~ ,:"r' C} ::;1 -n 1'_ ~, h , 0 , \ c...:". .-c" . r:j , . ~- :.) ..<.. v-:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE S. COLE, Plaintiff v. CIVIL ACTION - LAW NO. 2004-3815 DAVID M. COLE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by United States Certified, Return Receipt Requested, Restricted Delivery Mail on August II, 2004. Defendant signed an Acceptance of Service on November 8, 2004. 3. Date of execution of the Plaintiffs Affidavit of Consent required by Section 3301 (c) of the Divorce Code; November 5,2005; by the Defendant; November 26,2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in S330 I ( c) Divorce was filed with the Prothonotary: November 17, 2005. Date Defendant's Waiver of Notice III S3301(c) Divorce was filed with the Prothonotary: November 30, 2005. ~ASSOCIATES, P. Date: November 29, 2005 . Shultz, Esq ire Attorney I.D. No. 9094 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff BUser Folde1'1finn DocsIGendocs2005\3561-1 pro.ecipe.wpd , r~ ::':';-'1 ::,~ \ (T1 -, t;;' ~'f ~ 'f:+; . . . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :t :t % + + + . + . . . + . . . + . + + + + . + + + + + . + + + . + + + + + + + . . + + + + + + + + + + + + + + + :+-~ 'f Of 'f:+: 't':+i:+: :+; ,.,:t::+:;f. :+: :+; :+- :+- ~:+- ~:+-:+-~+~:+-:+::+-:+-+:+-:+-:++:+-:+i'f:+-:+::+-++:+:'f +:++.+ :+ :+: :+ :+- :+ :+- :+- :+-:+ + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + :+: :+- +':+- :+: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. rnARWI'l'E S _ mT.l':. Plaintiff No. 2004-3815 VERSUS DAVID M. mLE, Defendant DECREE IN DIVORCE AND NOW, -p~ tV' 2005 , IT is ORDERED AND DECREED THAT rnARLO'ITE s. mLE PLAINTiFF, AND DAVID M. mLE .' DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHiCH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriaqe Settlenent Aoreement dated November 4. 2005 is incorporated by reference. J. + + + ROTHONOTARY + + + + + :+: Of 'f :f. 'f 'f :+: :+ :+- ~:+:+- + + Of 'f :+i 'f 'f 'f 'f 'f +. +' 'f Of. 'f :+ :+ :+ :+: 'f 'f 'I: :+- :+- 't: 'f Of. +. + :+ + '+' :+- Of'+' + + + + + . + + + + + + + + + . . + + + + + + + + + + + + + + + . + + + . + + + + + + + + . + + + + . + + + + + + + + + . I/?; .2 7p>?/ r~,/-"7 .>71/. c/ fnp r 7 ~ ~ rp _,(7 <;/ U .