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HomeMy WebLinkAbout04-4553 6. LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 64- 'f51J3 ~ RANA J. OOMMEN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIt'::HTS 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 of 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LORI E. OOMMEN, Plaintiff MMON PLEAS Of IN THE COURT OfUCNOTY PENNSYLVANIA CUMBERLAND CO ' v. NO. CIVIL ACTION - LAW IN DIVORCE RANA J. OOMMEN, Defendant COMPLALNT IN DIVORCF AND NOW, comes the Plaintiff, Lori E. Oommen, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count' . Under Section 3301 (d) of the Divor<;l'J Code 1. Plaintiff is Lori E. Oommen, an adult individual who currently resides at 1114 Granada Lane, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff has lived at said address since September 1991. 2. Defendant is Rana J. Oommen, an adult individual who currently resides at 442 Lake Meade Drive, East Berlin, Adams County, Pennsylvania, 17316. Defendant has lived at said address since May, 2004. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 18, 1990 in Grantham, Pennsylvania. ~. :a.IW~S if' \l\'""' c\iOl' i5 tw" dIJised U' \1at tl1" - ef' \~e 1\1i5 a. ~eel' (3. Quest t \:)a\'N0 7, '\(\\\<< "as 'l'\"\ \0 ra ~~ meo~ I 2002, It+.,OS\ 1 Z. 'i0~ AIW ." '~",.~ LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. RANA J. OOMMEN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Lori E. Oommen, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count 1- Under Section 3301 (d) of the Divorce Code 1. Plaintiff is Lori E. Oommen, an adult individual who currently resides at 1114 Granada Lane, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff has lived at said address since September 1991. 2. Defendant is Rana J. Oommen, an adult individual who currently resides at 442 Lake Meade Drive, East Berlin, Adams County, Pennsylvania, 17316. Defendant has lived at said address since May, 2004. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to Ihe filing of this Complaint. 4. The Plaintiff and Defendant were married on August 18, 1990 in Grantham, Pennsylvania. 5. The Plaintiff is a citizen of the United States of America and is not a member of the Armed Forces. The Defendant is a citizen of India and is not a member of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that she may have the right to request that the Court require the parties to participate in counseling. 9. The parties separated on or before August 12, 2002. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) or Section 3301 (d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). Respectfully submitted, M' - ;2e6Lf .~ "'.. DATED:, j/ /), WIX, ~~R & WE~9JER, '._ By: ~~-Ki#- David R. Getz, Esquire Attorney 1.0. #34838 508 North Second Street P.O. Box 845 Harrisbu rg, P A 17108-0845 (717) 234-4182 Attorney for Plaintiff F:\drg\6592 - Oomman, Lori B12027.1 - Domestic Relations\Documents\Oommen Divorce Complaint 2.doc VERIFICATION I, Lori E. Oommen, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. 'verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Lov'E~ Lori E. Oommen, Plaintiff DATED: r;/~ ,2004 r r;;:;R -. ~~ --... I 2J< ~~ or "--^J ~ <-J ~ ~~ --- ~ C;, ~ w ~ cli' --.... C>) (~ <....J'\ ,'-'J I ""^ Co n 't=" )-~ - t--' ~3 .1:- (/"J 1~"'1 -1.:,;' o~ ~-rl\~ -I ~r- rnl_'.! r1 ~-1) ~;l : \.D r'-~ ~") " , '-;': (.~,rn ~.-\ .' G' -' --,-' LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 044553 CIVIL RANA J. OOMMEN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Kenneth M. Martin, being duly sworn according to law, deposes and says that he personally hand-delivered a true and correct copy of the Complaint in Divorce to Defendant, Rana J. Oommen, and that the Defendant personally received the said Complaint in Divorce on 71.. W's-JI.Y I or-,""6c", 'Z z.rJf'./. I am not a party to this case. BY:~~' ~ nneth M. Martin Sworn to and subsc~ed before me this 7 , day of {)(!.TlJ Be-r<- , 2004. ~",:a -/L P~bJ/IA tary Public My Commission Expires: (SEAL) Notarial Seal Unda A. Ecken. Nntary Public City of York. York County My Commission Expires No.... 4. 2006 ~ C) c.:) _~. 1 ~ .J"~ ~-4 -::r: fOil U1 (-:~) i',) C) LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 04 4553 CIVIL CIVIL ACTION - LAW IN DNORCE NOTICE RANA J. OOMMEN, Defendant If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE 1. The parties to this action separated on August 12, 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. 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. LoA; (,Oj~~ Lori E. Oommen, Plaintiff DATE: !)~ 00;10&3/2- of LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 4553 RANA J. OOMMEN, Defendant : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICI; I hereby certify that a copy of the foregoing Affidavit Under Section 3301 (d) of the Divorce Code was sent by first class, posta.ge prepaid mail and by . certified mail, return receipt requested, this day to the following: Rana J. Oommen 442 Lake Meade Drive East Berlin, PA 17316 WIX, WENGER Be. WEIDNER By:~:j K ~~ David R. Getz, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-418~~ Attorney for Plaintiff DATE: J}uv 1)~1Y r-..> <:::::> (...-;) ..r::- ::r.: o <:: f N o ." --i I......, rn-:"1 r .., rn :00 (,~(L, ,-j -' :~:::::n ()-",' -..c -' (:)fT1 ::-1 ~fJ -< -0 :x N CO . PROPERTY SETTLEMENT AGREEMENT THIS PROPERTY SETTLEMENT AGREEMENT ("Agreement") is made this '31 Jt- day of December, 2003, between Lori E. Oommen (hereinafter called "Wife"), of Upper Allen Township, Cumberland County, Pennsylvania, and Rana J. Oommen (hereinafter called "Husband"), of Upper Allen Township, Cumberland County, Pennsylvania. RECITALS: R-1 . The parties hereto are wife and husband, having been married on August 18, 1990, in Grantham, Pennsylvania. R-2. There are three children of the parties, namely: Natalie G. Gommen, born May 4, 1995; Marcus J. Gommen, born July 1, 1999; and Sophia E. Gommen, born December 10, 2001 (the "Children"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before August 12, 2002 (the "Separation Date"), and may do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling child support, spousal support, alimony, alimony pendente lite rights (other than child custody and visitation), including without limitation: (a) The settling of all matters between them relating to the ownership of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband; and (c) In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. . NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: 1. Recitals. The above recitals are incorporated by reference as if set forth fully herein. 2. Separation. It shall be lawful for Husband and Wife to live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Aareement Not Predicated on Divorce. It is specifically understood and agreed by and between the parties hereto that this Agreement is not predicated on either party filing for divorce. Any complaint in divorce that may be filed in the future shall be filed in the Court of Common Pleas of Cumberland County, Pennsylvania and shall be limited to a claim for divorce only. In that event, Husband and Wife hereby agree that each of them will sign any and all consents, affidavits, agreements and other documents and take other such actions necessary to finalize any future action in divorce as soon as possible. In that event, this Agreement shall be submitted as the parties' agreement regarding the division of marital assets. Additionally, this Agreement shall not be affected by and shall survive the parties' subsequent reconciliation unless and until the parties execute a document terminating this Agreement. 4. Leaal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been 2 . represented by David R. Getz, Esquire. Husband has been advised by Wife's counsel to obtain separate legal counsel. Husband has consulted with counsel, Howett, Kissinger and Conley, P.C. Each party acknowledges that she or he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and obligations by counsel, or has waived the right to do so and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. Interference. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 6. Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and 3 . encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. The parties have waived their rights to an independent valuation of the personal, real and other properties, other than bank accounts and investment accounts, and are satisfied with the values agreed to herein, except that Wife has relied on Husband's representations as to the value of and assets of ImageTech Systems, Inc. 7. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. 8. Personal Property. (a) Furniture. The parties agree that they have already divided all of their furniture. All of the furniture in Wife's possession belongs to Wife. All of the furniture in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the furniture in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the furniture in Husband's possession. Husband agrees to remove his furniture and personal property as set forth on Exhibit "A" attached hereto and incorporated by reference herein from the 1114 Granada Lane property within 90 days of execution of this Agreement. 4 (b) Trailer. The parties own a pop-up type camping trailer. Wife agrees to execute the title at the time Wife executes this Agreement to transfer her interest in the trailer to Husband. (c) Vehicles. (1) Husband and Wife are joint owners of a blue 1999 Toyota Land Cruiser acquired in or about 2002 ("Husband's Vehicle"). Wife waives any interest she has in the Husband's Vehicle and Wife further agrees not to request any financial compensation regarding Husband's Vehicle. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Vehicle. (2) Husband is the owner of a green 1999 Toyota Land Cruiser acquired in or about 2001 ("Wife's Vehicle"). Husband agrees to transfer title to Wife's Vehicle to Wife at the time Husband executes this Agreement. Husband waives any interest he has in the Wife's Vehicle and Husband further agrees not to request any financial compensation regarding Wife's Vehicle. Wife agrees not to hold Husband responsible for any financial debt regarding Wife's Vehicle. (3) Husband and Wife are joint owners of a 1992 BMW 318-1 (the "BMW"). Wife agrees to transfer title to the BMW to Husband at the time Wife executes this Agreement. Wife waives any interest she has in the BMW and Wife further agrees not to request any financial compensation regarding the BMW. Husband agrees not to hold Wife responsible for any financial debt regarding the BMW. (4) The parties agree that from the date of this Agreement forward, they will each insure their respective vehicles at their own expense. 5 (d) Other Personal Propertv. The parties agree that they have already divided all of their other personal property. All of the personal property in Wife's possession belongs to Wife. All of the personal property in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property in Husband's possession. 9. Real Property. (a) Husband and Wife are the owners of real property located at 1114 Granada Lane, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Marital Residence"). Husband agrees to execute a deed at the time Husband executes this Agreement to transfer his interest in the Marital Residence to Wife. Husband waives all right, title and interest in and to the Marital Residence or to any increase, interest or income therein. Any and all title policies and any other policies of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole owner thereof and Wife shall be entitled to receive any payments now or hereafter due under any such policies. Additionally, commencing on the execution date of this agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or line of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, which may be incurred in connection with such liabilities and expenses ro resulting from Wife's ownership interest in the Marital Residence. 6 (b) Husband and Wife are the owners of real property located on Lucinda Lane, Monroe Township, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Residential Property"). Wife agrees to execute a deed at the time Wife executes this Agreement to transfer her interest in the Residential Property to Husband. Wife waives all right, title and interest in and to the Residential Property or to any increase, interest or income therein. Any and all title policies and any other policies of insurance with respect to the Residential Property shall be deemed to be endorsed to reflect Husband as sole owner thereof and Husband shall be entitled to receive any payments now or hereafter due under any such policies. Additionally, commencing on the execution date of this agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Residential Property, including, but not limited to, any mortgages, any and all home equity loans or line of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Residential Property. (c) Husband and Wife are the owners of real property located at Cumberland Parkway, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Business Property"). Wife agrees to execute a deed at the time Wife executes this Agreement to transfer her interest in the Business Property to Husband. Wife waives all right, title and interest in and to the Business Property or to any increase, interest or income therein. Any and all title policies and any other policies of insurance with respect to the Business Property shall be deemed to be 7 endorsed to reflect Husband as sole owner thereof and Husband shall be entitled to receive any payments now or hereafter due under any such policies. Additionally, commencing on the execution date of this agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Business Property, including, but not limited to, any mortgages, any and all home equity loans or line of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Business Property. 10. Distribution of Other Assets. (a) Retirement Savinas. The parties agree that Husband has individual retirement accounts, annuities and/or pension plans ("Husband's Retirement Savings"). Husband shall keep Husband's Retirement Savings. Wife waives any interest in Husband's Retirement Savings or any increase, interest or income therein. The parties agree that Wife has individual retirement accounts, annuities and/or pension plans ("Wife's Retirement Savings"). Wife shall keep Wife's Retirement Savings. Husband waives any interest in Wife's Retirement Savings or any increase, interest or income therein. Husband and Wife shall each name the Children or a trust for the benefit of the Children as beneficiaries of Husband's Retirement Savings and Wife's Retirement Savings, respectively, until all of the Children reach the age of twenty-two (22). (b) Bank Accounts. Husband and Wife have already divided their jointly held bank accounts. Further, the parties have each opened separate bank 8 accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. (c) Investment Accounts (1) Husband and Wife have a joint investment account with Fidelity that contains approximately $469,000.00 as of the date of this Agreement. Husband and Wife agree to divide equally the value of the account as of December 26, 2003, less $10,000 received by Wife in or about August 2002 and $15,000.00 received by Wife on or about October 13, 2003. The division of said account shall be made on or before December 31, 2003. (2) Husband has an investment account with Investex that contains approximately $164,000.00 as of the date of this Agreement. Husband agrees to pay Wife one-half of said account based on the value of the account as of December 15, 2003, less $6,000.00, which represents Wife's agreed-upon one-half share of any capital gains taxes on unrealized gain of value appreciation that may be due on said account now or in the future. Husband may pay Wife from this account or from the account referred to in Paragraph 10(c)(1) hereof. The payment shall be made on or before December 31, 2003. (d) ImaoeTech SYstems. Inc. Wife is the founder, President, director and sole shareholder of ImageTech Systems, Inc., a Pennsylvania corporation (the "Corporation"). Husband is Treasurer of the Corporation. The Corporation has certain assets including two bank accounts that contain approximately $150,000.00 as of the date of this Agreement. Wife agrees to transfer all of her shares of stock in the Corporation and all of her interest in the Corporation to Husband and to resign as President and director of the Corporation immediately upon payment from Husband to Wife of $50,000.00. The payment shall be made on or before December 31 , 2003. 9 Until the division of funds per this Agreement are transferred, Wife shall continue to receive her current salary from the Corporation and to receive dividends and bonuses from the Corporation as she is receiYing at present. Upon the transfer of tille, Husband will become the sole shareholder and sole director of the Corporation, and Wife waives all right, title and interest in and to the Corporation or to any increase, interest or income therein. Husband agrees to pay Wife for her interest in the Corporation immediately upon execution of this Agreement. The parties further agree to file all requisite documents with the Department of State Corporation Bureau in order to effectuate this Agreement and to change the registered address of the Corporation. (e) After-AcQuired ProperlY. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date. (f) Life Insurance. Husband and Wife each have life insurance policies. Each party shall keep the current life insurance policies in effect. Husband and Wife shall each name the Children or a trust for the benefit of the Children as beneficiaries of said insurance policies until all of the Children reach the age of twenty-two (22). 11. Taxes. Husband and Wife will file separate tax returns for 2003 and future years. Provided that Husband is paying child support in the amount of $2,500.00 or more per month, Husband shall be entitled to claim the Children as his dependents on all tax returns filed for 2003 and future years. Wife agrees to execute the appropriate IRS Form 8332 for 2003 and each future year. Husband and Wife will each pay their own personal (non-real estate) taxes. Husband and Wife may mutually 10 agree to file a joint tax return for 2003. The parties shall divide equally any taxes, filing fees and related expenses incurred to transfer the real and personal property as set forth in this Agreement. 12. Alimony. The parties have disclosed their respective annual incomes to one another. In consideration of the other provisions of this Agreement, Wife agrees to waive alimony in the event the parties divorce. 13. Support of the Children. Husband and Wife agree to the following provisions regarding support of the Children: (a) Wife has primary physical custody of the Children until there is a further signed agreement of the parties or an order of court. (b) Husband agrees to pay child support in the amount of $2,500.00 per month until all of the Children are eighteen (18) years of age or have graduated from high school, whichever shall later occur. In the event that Wife returns to full-time employment outside the home, Husband's child support obligation shall be reduced to $1,500.00 per month for the periods that Wife is working full time, and shall be increased back to $2,500.00 should Wife again cease working full time. The parties have specifically negotiated the amount of child support in consideration of all of the other provisions of this Agreement. Wife shall be entitled to have Husband's wages garnished by the Cumberland County Office of Domestic Relations for Husband's child support obligation. Wife may provide a copy of this Agreement to the Cumberland County Office of Domestic Relations for that purpose. Husband agrees not to seek a reduction in the amount of child support now or in the future. Wife agrees not to seek an increase in the amount of child support now or in the future. 11 (c) Medical Insurance. Medical insurance for the Children and payment of unreimbursed medical expenses will be provided as set forth in Paragraph 15 hereof. (d) Colleae. The parties agree and understand that it is their intention for the Children to attend college. The parties intend that the Children will apply for scholarships, financial aid and work-study programs in accordance with each of the Children's abilities. The parties further agree and intend that they will utilize the Unique College Plan Funds they have previously established for each of the Children. Husband and Wife agree to divide the remainder of the college expenses. Wife shall pay fifty (50%) percent of the remaining college expenses, and Husband shall pay fifty (50%) percent of the remaining college expenses. For the purposes of this paragraph, the term "college expenses" shall include, but is not limited to, tuition, room, board, incidentals, books, and activity fees. 14. [Omitted]. 15. Medical Insurance. Husband shall provide medical insurance coverage for the Children until each child reaches such age or status as to be ineligible for coverage under Husband's medical insurance plan. The medical insurance coverage shall provide the same coverage and terms as the medical insurance currently in place. Further, Husband shall provide medical insurance coverage for the Wife as long as the parties are married to one another. The medical insurance coverage shall provide the same coverage and terms as the medical insurance currently in place. Wife will assume responsibility for any unreimbursed medical expenses incurred on behalf of the Wife. Should the parties divorce in the future, Husband agrees, on his own behalf and as an officer of the Corporation, to permit Wife to obtain medical insurance through the Corporation under COBRA at Wife's own 12 expense. Husband shall payor reimburse Wife for all unreimbursed medical expenses that Wife incurs on behalf of the Children. 16. Liability for Debts. (a). Marital Debt. During the course of the marriage, and before the date of this Agreement, Husband and Wife have incurred various debts, bills, and obligations. Husband and Wife agree that, as of the Separation Date, the parties owe no jointly owed marital debt. ("Marital Debt"). Husband and Wife represent to one another that there are no other outstanding debts, bills or obligations for which the parties are jointly responsible other than the Marital Debt. 17. Wife's Debts. Wife represents and warrants to Husband that she has not since the Separation Date and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. Husband's Debts. Husband represents and warrants to Wife that he has not since the Separation Date and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 19. Leaal Fees. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses related to this Agreement. Wife hereby agrees to be responsible for Wife's legal fees, costs and related expenses 13 related to this Agreement. The parties shall divide equally any legal fees, cost and related expenses incurred to effectuate the terms of this Agreement. 20. Survival Upon Divorce. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but shall not be merged into any final decree in divorce. 21. Mutual Release. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he 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, engagement or liabilities of such other, or by way 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 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 Wife may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente 14 lite, counsel fees, costs or expenses, except as provided herein, 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 provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, 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 thereof. It is expressly understood, however, that neither the provision of this release nor any subsequent entry of a divorce decree are intended (i) 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), or (ii) 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 to or subsequent to this Agreement, or (iii) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws. 22. Further Documents. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 23. Entire Aqreement. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and 15 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; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Invalidity. If any term, condition, clause 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 her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. 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 such breach at law or in equity to enforce any rights and remedies which the party may have, and the 16 party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. Governina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WIFE: k r: ()or~ Lori E. Oommen /' HUSBAND: Rana J. 00 F:\drg\6592 - Dommen, Lori E\12027.1 - Domestic Relatlons\Documents\Oommen Property Settlement and Separation Agreement Final for Signature.doc 12/31/03 17 - I COMMONWEALTH OF PENNSYLVANIA (I,. ^, in.. n /I ., .J COUNTY OF LAY "'}~IJA.., On this, the ~ day of -.!Je ef~2003, before me, a Notary Public, the undersigned officer, personally appeared Lori E. Oommen, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. SS.: Notary My Co (SEAL) IN WITNESS WHEREOF, I have he e set my hand and notarial seal. J!ANmEL FRADY. NOTARI'PllBUC MECHANICSBURG BORO. CUMBERLAND CO MY COMMISSION EXPIRES JULY 30 2006' COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~tJu1~ On this, the ~ day of ~ 2003, before me, a Notary Public, the undersigned officer, personally appeared Rana J. Oommen, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. SS.: IN WITNESS WHEREOF, I hav hereunto set my hand and notarial seal. IAL SEAL JEANETTE L. FRADY, NOTARY PUBLIC MECHANICSBURG BORO. CUMBERLAND CO. MY COMMISSION EXPIRES JULY 30 2006 18 Exhibit "A" Pool Table Air Hockey Table Universal Weight System and Free Weights Pub Table and 6 Bar Stools StereorrV Cabinet Gas Grill Wrought Iron Patio Furniture Master Bedroom furniture (all but the dresser already in Husband's possession) Treadmill (already in Husband's possession) Tools from the Garage (already in Husband's possession) 19 PROPERTY SETTLEMENT AGREEMENT THIS PROPERTY SETTLEMENT AGREEMENT ("Agreement") is made this 315~ day of December, 2003, between Lori E. Oammen (hereinafter called "Wife"), of Upper Allen Township, Cumberland County, Pennsylvania, and Rana J. Oommen (hereinafter called "Husband"), of Upper Allen Township, Cumberland County, Pennsylvania. RECITALS: R-1. The parties hereto are wife and husband, having been married on August 18, 1990, in Grantham, Pennsylvania. R-2. There are three children of the parties, namely: Natalie G. Oommen, born May 4, 1995; Marcus J. Oommen, born July 1, 1999; and Sophia E. Oommen, born December 10, 2001 (the "Children"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before August 12, 2002 (the "Separation Date"), and may do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling child support, spousal support, alimony, alimony pendente lite rights (other than child custody and visitation), including without limitation: (a) The settling of all matters between them relating to the ownership of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband; and (c) In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: 1. Recitals. The above recitals are incorporated by reference as if set forth fully herein. 2. Separation. It shall be lawful for Husband and Wife to live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Aareement Not Predicated on Divorce. It is specifically understood and agreed by and between the parties hereto that this Agreement is not predicated on either party filing for divorce. Any complaint in divorce that may be filed in the future shall be filed in the Court of Common Pleas of Cumberland County, Pennsylvania and shall be limited to a claim for divorce only. In that event, Husband and Wife hereby agree that each of them will sign any and all consents, affidavits, agreements and other documents and take other such actions necessary to finalize any future action in divorce as soon as possible. In that event, this Agreement shall be submitted as the parties' agreement regarding the division of marital assets. Additionally, this Agreement shall not be affected by and shall survive the parties' subsequent reconciliation unless and until the parties execute a document terminating this Agreement. 4. Leaal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been 2 represented by David R. Getz, Esquire. Husband has been advised by Wife's counsel to obtain separate legal counsel. Husband has consulted with counsel, Howett, Kissinger and Conley, P.C. Each party acknowledges that she or he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and obligations by counsel, or has waived the right to do so and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. Interference. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 6. Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and 3 encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. The parties have waived their rights to an independent valuation of the personal, real and other properties, other than bank accounts and investment accounts, and are satisfied with the values agreed to herein, except that Wife has relied on Husband's representations as to the value of and assets of ImageTech Systems, Inc. 7. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. B. Personal Property. (a) Furniture. The parties agree that they haye already divided all of their furniture. All of the furniture in Wife's possession belongs to Wife. All of the furniture in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the furniture in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the furniture in Husband's possession. Husband agrees to remove his furniture and personal property as set forth on Exhibit "A" attached hereto and incorporated by reference herein from the 1114 Granada Lane property within 90 days of execution of this Agreement. 4 (b) Trailer. The parties own a pop-up type camping trailer. Wife agrees to execute the title at the time Wife executes this Agreement to transfer her interest in the trailer to Husband. (c) Vehicles. (1) Husband and Wife are joint owners of a blue 1999 Toyota Land Cruiser acquired in or about 2002 ("Husband's Vehicle"). Wife waives any interest she has in the Husband's Vehicle and Wife further agrees not to request any financial compensation regarding Husband's Vehicle. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Vehicle. (2) Husband is the owner of a green 1999 Toyota Land Cruiser acquired in or about 2001 ("Wife's Vehicle"). Husband agrees to transfer title to Wife's Vehicle to Wife at the time Husband executes this Agreement. Husband waives any interest he has in the Wife's Vehicle and Husband further agrees not to request any financial compensation regarding Wife's Vehicle. Wife agrees not to hold Husband responsible for any financial debt regarding Wife's Vehicle. (3) Husband and Wife are joint owners of a 1992 BMW 318-1 (the "BMW"). Wife agrees to transfer title to the BMW to Husband at the time Wife executes this Agreement. Wife waives any interest she has in the BMW and Wife further agrees not to request any financial compensation regarding the BMW. Husband agrees not to hold Wife responsible for any financial debt regarding the BMW. (4) The parties agree that from the date of this Agreement forward, they will each insure their respective vehicles at their own expense. 5 (d) Other Personal Property. The parties agree that they have already divided all of their other personal property. All of the personal property in Wife's possession belongs to Wife. All of the personal property in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property in Husband's possession. 9. Real Property. (a) Husband and Wife are the owners of real property located at 1114 Granada Lane, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Marital Residence"). Husband agrees to execute a deed at the time Husband executes this Agreement to transfer his interest in the Marital Residence to Wife. Husband waives all right, title and interest in and to the Marital Residence or to any increase, interest or income therein. Any and all title policies and any other policies of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole owner thereof and Wife shall be entitled to receive any payments now or hereafter due under any such policies. Additionally, commencing on the execution date of this agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or line of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, which may be incurred in connection with such liabilities and expenses ro resulting from Wife's ownership interest in the Marital Residence. 6 (b) Husband and Wife are the owners of real property located on Lucinda Lane, Monroe Township, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Residential Property"). Wife agrees to execute a deed at the time Wife executes this Agreement to transfer her interest in the Residential Property to Husband. Wife waives all right, title and interest in and to the Residential Property or to any increase, interest or income therein. Any and all title pOlicies and any other policies of insurance with respect to the Residential Property shall be deemed to be endorsed to reflect Husband as sole owner thereof and Husband shall be entitled to receive any payments now or hereafter due under any such policies. Additionally, commencing on the execution date of this agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Residential Property, including, but not limited to, any mortgages, any and all home equity loans or line of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Residential Property. (c) Husband and Wife are the owners of real property located at Cumberland Parkway, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Business Property"). Wife agrees to execute a deed at the time Wife executes this Agreement to transfer her interest in the Business Property to Husband. Wife waives all right, title and interest in and to the Business Property or to any increase, interest or income therein. Any and all title policies and any other policies of insurance with respect to the Business Property shall be deemed to bes 7 endorsed to reflect Husband as sole owner thereof and Husband shall be entitled to receive any payments now or hereafter due under any such policies. Additionally, commencing on the execution date of this agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Business Property, including, but not limited to, any mortgages, any and all home equity loans or line of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Business Property. 10. Distribution of Other Assets. (a) Retirement Savinas. The parties agree that Husband has individual retirement accounts, annuities and/or pension plans ("Husband's Retirement Savings"). Husband shall keep Husband's Retirement Savings. Wife waives any interest in Husband's Retirement Savings or any increase, interest or income therein. The parties agree that Wife has individual retirement accounts, annuities and/or pension plans ("Wife's Retirement Savings"). Wife shall keep Wife's Retirement Savings. Husband waives any interest in Wife's Retirement Savings or any increase, interest or income therein. Husband and Wife shall each name the Children or a trust for the benefit of the Children as beneficiaries of Husband's Retirement Savings and Wife's Retirement Savings, respectively, until all of the Children reach the age of twenty-two (22). (b) Bank Accounts. Husband and Wife have already divided their jointly held bank accounts. Further, the parties have each opened separate bank 8 accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. (c) Investment Accounts (1) Husband and Wife have a joint investment account with Fidelity that contains approximately $469,000.00 as of the date of this Agreement. Husband and Wife agree to divide equally the value of the account as of December 26, 2003, less $10,000 received by Wife in or about August 2002 and $15,000.00 received by Wife on or about October 13, 2003. The division of said account shall be made on or before December 31, 2003. (2) Husband has an investment account with Investex that contains approximately $164,000.00 as of the date of this Agreement. Husband agrees to pay Wife one-half of said account based on the value of the account as of December 15, 2003, less $6,000.00, which represents Wife's agreed-upon one-half share of any capital gains taxes on unrealized gain of value appreciation that may be due on said account now or in the future. Husband may pay Wife from this account or from the account referred to in Paragraph 10(c)(1) hereof. The payment shall be made on or before December 31, 2003. (d) ImaQeTech SYstems. Inc. Wife is the founder, President, director and sole shareholder of ImageTech Systems, Inc., a Pennsylvania corporation (the "Corporation"). Husband is Treasurer of the Corporation. The Corporation has certain assets including two bank accounts that contain approximately $150,000.00 as of the date of this Agreement. Wife agrees to transfer all of her shares of stock in the Corporation and all of her interest in the Corporation to Husband and to resign as President and director of the Corporation immediately upon payment from Husband to Wife of $50,000.00. The payment shall be made on or before December 31, 2003. 9 Until the division of funds per this Agreement are transferred, Wife shall continue to receive her current salary from the Corporation and to receive dividends and bonuses from the Corporation as she is receiving at present. Upon the transfer of title, Husband will become the sole shareholder and sole director of the Corporation, and Wife waives all right, title and interest in and to the Corporation or to any increase, interest or income therein. Husband agrees to pay Wife for her interest in the Corporation immediately upon execution of this Agreement. The parties further agree to file all requisite documents with the Department of State Corporation Bureau in order to effectuate this Agreement and to change the registered address of the Corporation. (e) After-Acauired ProoerIY. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date. (f) Life Insurance. Husband and Wife each have life insurance policies. Each party shall keep the current life insurance policies in effect. Husband and Wife shall each name the Children or a trust for the benefit of the Children as beneficiaries of said insurance policies until all of the Children reach the age of twenty-two (22). 11. Taxes. Husband and Wife will file separate tax returns for 2003 and future years. Provided that Husband is paying child support in the amount of $2,500.00 or more per month, Husband shall be entitled to claim the Children as his dependents on all tax returns filed for 2003 and future years. Wife agrees to execute the appropriate IRS Form 8332 for 2003 and each future year. Husband and Wife will each pay their own personal (non-real estate) taxes. Husband and Wife may mutually 10 agree to file a joint tax return for 2003. The parties shall divide equally any taxes, filing fees and related expenses incurred to transfer the real and personal property as set forth in this Agreement. 12. Alimony. The parties have disclosed their respective annual incomes to one another. In consideration of the other provisions of this Agreement, Wife agrees to waive alimony in the event the parties divorce. 13. Support of the Children. Husband and Wife agree to the following provisions regarding support of the Children: (a) Wife has primary physical custody of the Children until there is a further signed agreement of the parties or an order of court. (b) Husband agrees to pay child support in the amount of $2,500.00 per month until all of the Children are eighteen (18) years of age or have graduated from high school, whichever shall later occur. In the event that Wife returns to full-time employment outside the home, Husband's child support obligation shall be reduced to $1,500.00 per month for the periods that Wife is working full time, and shall be increased back to $2,500.00 should Wife again cease working full time. The parties have specifically negotiated the amount of child support in consideration of all of the other provisions of this Agreement. Wife shall be entitled to have Husband's wages garnished by the Cumberland County Office of Domestic Relations for Husband's child support obligation. Wife may provide a copy of this Agreement to the Cumberland County Office of Domestic Relations for that purpose. Husband agrees not to seek a reduction in the amount of child support now or in the future. Wife agrees not to seek an increase in the amount of child support now or in the future. 11 (c) Medical Insurance. Medical insurance for the Children and payment of unreimbursed medical expenses will be provided as set forth in Paragraph 15 hereof. (d) Colleae. The parties agree and understand that it is their intention for the Children to attend college. The parties intend that the Children will apply for scholarships, financial aid and work-study programs in accordance with each of the Children's abilities. The parties further agree and intend that they will utilize the Unique College Plan Funds they have previously established for each of the Children. Husband and Wife agree to divide the remainder of the college expenses. Wife shall pay fifty (50%) percent of the remaining college expenses, and Husband shall pay fifty (50%) percent of the remaining college expenses. For the purposes of this paragraph, the term "college expenses" shall include, but is not limited to, tuition, room, board, incidentals, books, and activity fees. 14. [Omitted]. 15. Medical Insurance. Husband shall provide medical insurance coverage for the Children until each child reaches such age or status as to be ineligible for coverage under Husband's medical insurance plan. The medical insurance coyerage shall provide the same coverage and terms as the medical insurance currently in place. Further, Husband shall provide medical insurance coverage for the Wife as long as the parties are married to one another. The medical insurance coverage shall provide the same coverage and terms as the medical insurance currently in place. Wife will assume responsibility for any unreimbursed medical expenses incurred on behalf of the Wife. Should the parties divorce in the future, Husband agrees, on his own behalf and as an officer of the Corporation, to permit Wife to obtain medical insurance through the Corporation under COBRA at Wife's own 12 expense. Husband shall payor reimburse Wife for all unreimbursed medical expenses that Wife incurs on behalf of the Children. 16. Liability for Debts. (a). Marital Debt. During the course of the marriage, and before the date of this Agreement, Husband and Wife have incurred various debts, bills, and obligations. Husband and Wife agree that, as of the Separation Date, the parties owe no jointly owed marital debt. ("Marital Debt"). Husband and Wife represent to one another that there are no other outstanding debts, bills or obligations for which the parties are jointly responsible other than the Marital Debt. 17. Wife's Debts. Wife represents and warrants to Husband that she has not since the Separation Date and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. Husband's Debts. Husband represents and warrants to Wife that he has not since the Separation Date and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 19. Leqal Fees. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses related to this Agreement. Wife hereby agrees to be responsible for Wife's legal fees, costs and related expenses 13 related to this Agreement. The parties shall divide equally any legal fees, cost and related expenses incurred to effectuate the terms of this Agreement. 20. Survival Upon Divorce. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but shall not be merged into any final decree in divorce. 21. Mutual Release. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he 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, engagement or liabilities of such other, or by way 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 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 Wife may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente 14 lite, counsel fees, costs or expenses, except as provided herein, 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 provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, 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 thereof. It is expressly understood, however, that neither the provision of this release nor any subsequent entry of a divorce decree are intended (i) 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), or (Ii) 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 to or subsequent to this Agreement, or (Hi) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws. 22. Further Documents. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 23. Entire Aoreement. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and 15 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; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Invalidity. If any term, condition, clause 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 her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. 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 such breach at law or in equity to enforce any rights and remedies which the party may have, and the 16 . party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. Governina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WIFE: ~~ .~. {)~L-' Lori E. Oommen "../" HUSBAND: Rana J. 00 F:\drg\6592 - Dommen, Lori E\12027.1 - Domestic Relations\Documents\Oommen Property Settlement and Separation Agreement Final for Signature.doc 12/31/03 17 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~JLrVl1t On this, the ~ day of je~2003, before me, a Notary Public, the undersigned officer, personally appeared Lori E. Oommen, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. SS.: IN WITNESS WHEREOF, I have he e Notary My Co (SEAL) set my hand and notarial seal. JEAHmrL FRADY. NOTARYI'lIIIUC MECHANICSBURG BOROil CUMBERLAND co MY COMMISSION EXPI ES JUlY 3D 2006' COMMONWEALTH OF PENNSYLVANIA n. . h"h...1lI SS.: COUNTY OF lUJL~,- On this, the ~ day of __ 2003, before me, a Notary Public, the undersigned officer, personally appeared Rana J. Oommen, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I hav hereunto set my hand and notarial seal. P Iic mmission Expires: L) IAl S AL JEANmE L. fRApt NOTARY PUBUC MECHANICSBURG BORD.. CUMBERLAND CD. MY COMMISSION EXPIRES JULY 30 2006 18 . Exhibit "An Pool Table Air Hockey Table Universal Weight System and Free Weights Pub Table and 6 Bar Stools Stereo/TV Cabinet Gas Grill Wrought Iron Patio Furniture Master Bedroom furniture (all but the dresser already in Husband's possession) Treadmill (already in Husband's possession) Tools from the Garage (already in Husband's possession) 19 . . LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 044553 CIVIL RANA J. OOMMEN, 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 9 (3301 (0)) (3301 (d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: By hand deliverv. served on Defendant by Kenneth Martin on October 7.2004. Affidavit of Service filed on October 13, 2004. 3. Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S 3301 (c) of the Divorce Code: by Plaintiff n/a ; by Defendant n/a (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: October 22.2004 (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: November 5, 2004, via certified mail, return receipt requested. 4. Related claims pending: n/a 5. Complete either (a) or (b). a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: December 1, 2004, via regular mail. Defendant acknowledged receipt by an e-mail to Plaintiff. (b) Date Plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed with the Prothonotary: n/a Date Defendant's Waiver of Notice in 9 3301 (c) Divorce was filed with the Prothonotary: n/a 6. The attached Marital Settlement Agreement dated December 31, 2003, should be incorporated by reference, but not merged, into the Divorce Decree. I ) '/ '1 I." , Date:,-'- e' "--,. ,~'L'/ Wix, Wenger & Weidner , " 0-\ i "~I d/ ~1. -; ~::f;~.~ /I-;//'[-r- David R. Getz, Esquire' Attorney for ( X) Plaintiff ( ) Defendant LORI E. OOMMEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 4553 CIVIL RANA J. OOMMEN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: Rana J. Oammen, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 93301 (d) affidavit. Therefore, on or after December 22, 2004, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO HELP YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ",,'+i;f.;f.;f. , , , , , , , , , , , . . . + + + , + . + + , + + . + + , + + + , , , , , + + + , , , , , , , ;f.;f.;+>;f.;+i ;f.:+;;+;:+;";",";;+>:I; n :+;",,,,";,.,;f. ,.,;+>,.;;+> ~+~;f.:+;;f.+;f.+;f.:+;~;+>;+;"'+++;f.:+;+;+>;+;+~++;+;:+;+;+>~+"';+>+++++~ , + + , + + + + + , + , + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + + + + + + + + + + , + + + + , + + + + + + , + + + + + + + + + + + + + + + + + + , , + + 'l';+>:+;;f. "1'+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY '~ DECREE IN STATE OF LORI E. OOMHEII, Plaintiff VERSUS RAIiA J. OOMMEIl, Defendant PENNA. No. 04 4553 Civil DIVORCE ~ \)cr4 AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , , + . , , , , . , , , . , , + + , AND NOW, DE:CRE:E:D THAT lJori E. Oommpn AND Rana J. Oommen ~ ,2<..0\, IT IS ORDERE:D , PLAINTIFF, , DEFENDANT, THE: COURT RE:TAINS JURISDICTION OF THE: FOLLOWING CLAIMS WHICH HAVE , + , , + . + , , , , + , + , + , , YE:T BE:E:N E:NTE:RED; BEEN RAISED OF RE:CORD IN THIS ACTION \ JI() V\l.2 FOR WHICH A FINAL ORDE:R HAS NOT The attached Msrital Settlement Agreement dated December 31, 2003~ should be incorporated by referenced, but not ~rged, , , , . , , , , , , . + , + , , " n 0 the Divorce / ."/ " ,/ // By T.HE COURT: ~./.. ../ ~t .u '~~-_. ~l vI( <i ~/l ATTEST: ----- ..vv \--- "J I J. /' PROTHONOTARY ;+> +:+;:f.;+>;+;;+>+;+>;+>;+; ++;+>;+; "'+;+> ++'f;+>;+; +++;+> '+ +'f:T.;+>;+;;+;+ '+ , h 12 1"iJ-1-:" ?77j!/A-, ~ ?t7 P /7'pn/ tih ~~ , p:;s/ S"V _<:; I