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HomeMy WebLinkAbout04-4540 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA I\~, -, .... NO. 0'/- <..f~'-IO V-IX/ ~ LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 ~. (. . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4540 LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Affidavit of Service ou September 29, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff December 6, 2005; by Defendant November 9, 2005. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated November 9, 2005 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 ofthe Agreement. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: December 8, 2005, Date Defendant's Waiver of Notice in 3391(c) divorce was filed with Prothonotary: December 8, 2005, ./ ;/ Dated: December 7 , 2005 ~ ~~a Sumple-Sullivan, Esqu're 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ill #32317 Attorney for Plaintiff . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4540 LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, P A 17011 Barbara Surnple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff Dated: DecemberI-, 2005 o ~:~-= ..' (5j r. ,~, = "', CJ' t::J nl C) ~, _J 9 11 '::1 fh:n -or;; :nO :::j ~,~_l <:~i :;:ij ;~-,~ (') ;,~5,n ;;:.'"1 ~'--'" :]J --<: ...,., :1: S:) rv -..J Barbara Sump Ie-Sullivan, Esquire Supreme Court #323 1 7 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO.O't- '1S'-/o ~T~ LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jefferson B. Wilson, an adult individual residing at 124 Bosler Avenue, Apt. A, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Lisa M. Wilson, an adult individual whose last known address is 3206 South 300 East #26, Salt Lake City, Utah 84115. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on June 2,2001 in Cumberland County, Pennsylvania. 5. There were no minor children born ofthis marriage. 6. The parties separated on May 10, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintitfnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DNORCE NO-FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. II. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with (l 330 I of the Pennsylvania Divorce Code. FAULT ABANDONMENT 12. The averments in paragraphs 1 through II, inclusive of Plaintiffs Complaint are 2 incorporated herein by reference thereto. 13. Defendant willfully and maliciously abandoned Plaintiff, the innocent and injured spouse, and has been absent from the habitation of Plaintiff, without a reasonable cause. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance the Pennsylvania Divorce Code. INDIGNITIES 14. The averments in paragraphs 1 through 13, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 15. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. CQUNT II EQUITABLE DISTRIBUTION 16. The averments in paragraphs 1 through 15 of Plaintiff's Complaint are incorporated herein by reference thereto. 3 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. COUNT m ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain himself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Jefferson B. Wilson, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property 4 C. Awarding Plaintiff counsel fees, costs and expenses; and D . Awarding other relief as the Court deems just and reasonable. Dated: September 3, 2004 ~. / ./~/) ~ ..'", ...... . .... / -- ,...-,"-; / B~;bara Su;npv ullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 5 Barbara Swnp1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0'/- lJC'iO 0.;,.d - / .L- LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. ~ Dated: Cf/3!Di Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Jefferson B. Wilson, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Dated: q 13 lot( ~ .- r ~ " J? r t; --> Iv '" v-' , L.., -> z .. -f:. -D '" "'" C> C) "" ~ '0 '" 7--' t f ~ J" C) (:- '" ,~'.:J c::t ~ c) ',) (') '~-1 ,-' I ~r:: - -':J Illf~7 O~,' J :-1::- r~ , ,'I .!.:'. -< Barbara sump\e_Sulh"an,l',SC\uire supreme Court #323 \1 549 Bridge Street NeW cumberland, Ph \1010 (1\1 114-\445 JEffERSON B. WILSON, Plaintiff . IN 'IHE COUR'I Of COMMON PLEAS .....nl>. '" CuMBERLAND ComHY, PENNSYL V jU"'" v. '. NO. 04" 4540 CIVIL AC'IION .. LAW IN DIVORCE LISA M. WILSON, Defendant c.m,"'" In DW"" i. th, """."pli."" ",tt~ by UM" """ ""'I, .,.trictod Doli"''', 1, B~b~' S_I,.S.""n, E""ire, ,. h&ob, ""if)> "",I _od · "" ofIh' ~FFlDA VlT OF Sl~VIC'E. c",mod No 7003 OSOO 0001 6564 5468, ,,",.m ,"",pt R"'''''"'' on"" """"._, D"''''''' Ii" M. vr""'~ 00 ",,_, 29,2004 .t 0",""",' "" Imo- """". 3206 So.th 3\lO E." .", Sol' ",,,, Ci\y, Uuh 84US. Tlw oriO"" ,,,",pt on' ",tum ,,,,,ipt<' are attached hereto as Exhibit" A" . I hereby certify that the facts set forth above are true and correct to the best of my knOWI,dg', i_liOO ,,' b.iof I oo,&"on' ,lot on, "'" """",n" mod' _in ..,hi'" to penalties of 18 Pa. C.SA S4904 relating to unsworn falsiflca' n to authorities. -5 Dated: October --' 2004 Barbara sumple-Sullivan, Esqui 549 Bridge Street New cumberland, P A 17070-1 (717)_774-1445 Supreme Court ID #32317 Attorney for plaintiff .., ..D .:f" Lll U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Cove 'age Provided) Postage $ $0.60 .:f" ..D Lll ..D sMtr,'itrl! ",y iJ1#:P1 i5 M l:I CI o Return Reciept Fee (Endorsement Required) o Restricted Delivery Fee o (Endorsement Required) Lll CI Certified Fee Total Postage & Fees $3.50 $ $8.15 09l20l2OCK m ~ &,~t_T~h~'-?'_h~_'h5_~___~_,__Lu~_I;5Qn_hh_____~h_____h___ ~:'~;'~~~3_~_Q\P.h~9~h'~h_~~_0:____h_~~____ CI1y,St.t..Zt"'4'S~\.\ lP,\O C,..<\- ..\.... <b411 EXHffiIT "A" "" = 0 = ." -""" 0 :?.,. C) ~~~, rnf= Z);; I .op:; ~..... ( -I),", r=o ~ (1:) 5 . I -70 . <-0 . >c f ~ f l, - Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PAl 7070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - 4540 LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. DATE: /c?A~.5 ~dc f"'E~FF S N B. WILSON - .\ ~~ - . Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - 4540 LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 verity that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.c.S. ~4904 relating to unsworn falsification to authorities. DATE /c9~~o Yg?d~ 0--' . Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - 4540 LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 8,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~:(Ji1fJ.h7 q J{JlF L~~_ LISA . WILSON ---- Barbara Sump Ie-Sullivan, Esquire Supreme Cow1 #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JEFFERSON B. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - 4540 LISA M. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 93301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 statement herein are made subject to the penalties of 18 Pa.c.S. S4904 relating to unsworn falsification to authorities. DATE 7Lbvlfll/Lu..Jl ct, It!JS ~?- ce~: -,.- LISA . WILSON , -- C,. r~ ,. . . . OLl- LfSV6 CILJ'L j~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of tJ ovemDe( , 2005, by and between JEFFERSON B. WILSON, hereinafter referred to as "HUSBAND", and LISA M, WILSON, hereinafter referred to as "WIFE". WITNESSETH, That WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on June 2,2001, in Cumberland County, Pennsylvania; WHEREAS, no children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate ofthe other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: (~~I ()}llJ V Draft - 1012712005 ,. . . . SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by William L Grubb, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2, PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in Draft - 10/27/2005 ill '''P'''' '" '''he "' h, w"" ""m~ri,d, "'"" '" "'y b, ~'=Y '" =y ""' <b, pro""'""", ~I ()t / 2 r ' . . of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3, FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions Draft - 1012712005 of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents , ~;/ ~'I~"/ \J ' \J , 3 r . . . necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement, after which HUSBAND shall immediately praecipe to finalize the divorce. WIFE agrees to cooperate fully in concluding this matter. 5, SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6, OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will #;1 fi\~\.., ~~ Draft - 10/27/2005 4 \,b/ / , . . forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7, MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the pro':isions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C Except for any cause of action for divorce which either party may have or claim to N have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an ~ ' f:::. :/ \]/ Draft-l0I27/200S 5 , . . absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or asslgns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. ll, BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and ......\~, rJ~; I pursuant to the terms of this Agreement. ('" ~/!! Draft - 10/27/2005 6 c \\' \jY~ : . . The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14, TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a Draft - 10/27/2005 consequence of the parties' Federal and State income tax returns which were filed jointly by the ~jJ Q"\ y \ \j , I" . '/ i 7 .. . . parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A, PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation to jewelry, clothes, furniture, and other assets. The parties agree that all assets in the possession of WIFE as of the date of execution ofthis Agreement shall be the sole and separate property of WIFE. The parties agree that all assets in the possession of HUSBAND as of the date of execution of this Agreement shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the ~ W ~~ Draft - 10/27/2005 8 I .. . . other. Further, WIFE acknowledges that she will arrange for the transfer of HUSBAND's Grandfather's gun cabinet and deer horns to HUSBAND within ten (10) days of execution of the Agreement. These items of HUSBAND's separate property are currently being stored by WIFE's parents at their home. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE Neither party had any interest in real estate at the time of the parties' separation. C. MOTOR VEHICLES At the time of separation, the parties owned a 1999 Geo Metro and a 2004 Honda cR V. The 1999 Geo Metro shall become the sole and separate property of HUSBAND. WIFE waives any claims to said vehicle. The 2004 Honda CR V was driven by Wife and was encumbered by a loan due and owing to Charter One Auto Finance, Account No. 0056762272. Subsequent to separation, WIFE traded the 2004 Honda CRY and, WIFE represents that incident to that transaction, the entire outstanding loan due and owing to Charter One has been satisfied. WIFE agrees to indemnifY and hold HUSBAND harmless from any past, present and future principal, interest, penalties and costs associated with the Charter One debt. HUSBAND hereby waives any and all claims to WIFE's subsequently acquired vehicle. (~' tP) \~~ ;/ Draft- 10/27/2005 9 '".:-/ 2 . . . D, FINANCIAL ASSETS All jointly titled financial assets have been divided by the parties to their mutual satisfaction The parties shall each maintain any checking, savings, or other financial accounts as titled in their individual names. E, PENSION The parties agree that they shall each retain, as their so"~ and separate property, all retirement accounts in their individual names, as well as all employee benefits. Each party waives any and all claims to said benefits of the other. F, INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. G. CASH PAYMENT TO WIFE In total satisfaction of all claims for equitable distribution, HUSBAND agrees to pay to WIFE the lump sum of Eight Thousand Dollars ($8,000.00). Said payment shall be made to WIFE upon signing ofthis Agreement together with any and all documents to finalize the divorce. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will ~N Draft-I0f271200S 10 ~ : . . hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities SECTION III ALIMONY, ALIMONY PENDENTE LITE. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ( LI~ Draft - 10/27/2005 11 . . COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~ '-'..\"~~I\d ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JEFFERSON B. WILSON, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief / I I / (.. O)ubscribed to before me this. l.s,~ day :~C\.:~~005. My commission expires: NOTARIAl SEAl. BARBARA SUMPLE-SULUVAN Nola,., Public NEWCUMBeRLAND BOROOGH CUMBERLAND COUNtY My Commls$lOn Expires Noy 15. 2007 rLV. SEAL) COMMONWEALTH OF ) ) SS. ) COUNTYOF c'",^~~eL~ . Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared LISA M. WILSON, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me this q-6 day of NoiJe."a <rz, 2005. \ 0&~ f.bj,~, NOTARY PUBLIC My commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL WILLIAM L. GRUBB, Notary Public LOW( Allen Twp.. Cumberland County My Comml88lon Explrea Aug. 13, 2009 Draft - 10/27/2005 12 ,4 ,-I c..:.' <. JEFFERSON B. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4540 CIVIL TERM LISA M. WILSON, : CIVIL TERM Defendant : IN LAW - DIVORCE NOTICE OF ELECTION TO RETAKE PRIOR NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce from the bonds of matrimony on the 29th day of December, 2005, hereby elects to retake and hereafter use her prior name of Lisa M. Zeiders, and gives this written notice avowing her intention in ,,"'d,"oo w;!h the pm,;,;o", of 54 P,. C.s. i~704. Dated: 1~ltJDlo5 =_~~ isa M.~on COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 30th day of December, 2005, before me the undersigned officer appeared Lisa M. Zeiders, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ';J~ ;>~l~ Notary Public ";OMMON~1:i\ L", Vt t'l:NNSYLVANIA WILU NOTARIAL SEAL ...... ~~RUBB, Notary Public ~ Commlleion ;:"~,umbert8l1d County """,,,rea Aug. 13,2009 (::\ t:J 'F.' \l ~ ~ ....() - ~ V'l w 0- ~ ~ c- (/ :.eJ tL ~ - r:::~ ;'A c':'> ~,.... '-- ;~ ,,",..- \ ,- - ,-~~\ " ") '::,: ~ .~ N (..n -"" ::"~-T"' -- - - " . :f.:+.'f.'f.:f.:+' ;+.;f;+: .. :+.:+.:+: :+' :f.'f. . if. :+.:+.:+.'f.'f.'f.'f.+'+':+':+':+':+' :+.+.:+.+.:+.:+. Of +:+.:+.:+. Of':+::+:+':+' +::+ +:+: . . + . + + + . + + + . + + . + + + + + + + + . + . + . . + + . + . . + . .. + ++ + + + . . . + + + + + + + . + . + . . + + + + + + + + . . . . . + + + + + + + . + . + . + + + . . + + + + + + + + + + . + + + + . + . + + . . . + . . . + + + . + . . + . + + . + + + + + + + + + . + + + . . . "'+ :+' +:;+: Of:+. Of:+' '" '+':+. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY J~'na{SON B. WILSON, PENNA. STATE OF Plaintiff No. 04 - 4540 VERSUS LISA M. WILSON. Defendant DECREE IN DIVORCE i)~t:.~.....,~ e-J 2005 2.9 AND NOW, ., IT IS ORDERED AND JEFFERSON B. WILSON , PLAI NTI FF, DECREED THAT LISA M. WILSON , DEFENDANT, AND 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; All matters have been resolved between Settlement Agreement dated November 9, the parties pursuant to the Marital 2005 and incorporated, but not merged, into the Decree. ATTE otZ~ ~ PROTHONOTARY '+' Of:+ Of if. +. 'f.'f.+:+''+' :+.+: +.:+.:+.++:+. 'f.:+':+:+:+':+':+''f.'+:+:+':+::+::+':+:+''f.+'+:+':+'+':+'+:+:+:+:+++':+':+::+:++':+''+:'f. + + + + + . . + + . . + J. + . . . + . . . . . . . . . + + + + . . . . . . . . . . . . . . . . . + . + + . . + + + + + + . + . . + + n ~ '\Y7 ~(j tJ-t lYJ !e./M -:,-:1,1<:>01 ~1r'0 -'}~0 4t-tf 9t- ~7 f"Tl.1..v t..Jo~ 1~'()f"3U - ")0/"'/1 ... -. . .. ~.' 4:' .'