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HomeMy WebLinkAbout04-4604 . -~ F\F1LES\DATAFILE\General\C\lrr~nt\11322-1_divorce,complaintwpd Createdc 9/10104 3c17PM Revised: 9/14/04 3:22PM GLORIA FITZPATRICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- 41-C:f{ CNIL ACTION LAW MICHAEL S. FITZPATRICK Defendant IN DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F:\FfLES\DA TAFfLE\Generlll\Cllrrent\1I3t2-J .dJvoree.complalnt.wpd Created: 9/JO/04 2:45PM RerisetJ: 9/14/(14 I;02PM v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- t/ ~ 0'1 CIVIL ACTION LAW GLORIA FITZPATRICK Plaintiff MICHAEL S. FITZPATRICK Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Gloria Fitzpatrick who currently resides at 343 Walton Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is Michael S. Fitzpatrick who currently resides at 343 Walton Street, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on July 29, 1979, in Marysville, Pennsylvania. 5. Neither Plaintiff nor 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. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FORA NO-FAULT DIVORCE UNDER ~ 330l(c) AND (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. , , 9. The maniage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to g 3301(c) or (d) of the Divorce Code. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~ 3502(A) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to g 3502(a) of the Divorce Code. COUNT III REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER ~~ 3104(A)(l) AND (3) AND 3323(8) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 17. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 18. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the maniage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to ~~ 3104(a)(1) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO Date: September a, 2004 By Jennifer L. pe s, Esquire P A Attorney LD. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERJFICATION Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. "~(L~~ Date: ,; yo f' ~ r ~~ ~ ~ ~~o~~ ~~o8~ I fE!b ~!t: .;r... ~ ----:t:f"' ~ ,...., ___ -, i , :".'.1;) ,. ~ ".' F:\FJLES\DATAFILE\GeneraI\Current\11322.1.acceptservlce Created: 9fl0/04 2:45PM Revi.sed: lOf8f04 3:28PM GLORIA FITZPATRICK Plaintiff v. MICHAEL S. FITZPATRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAN]) COUNTY, PENNSYLVANIA NO. 04-4604 CIVIL ACTION LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, accept service of the Complaint on behalf of Defendant Michael S. Fitzpatrick and certify that I am authorized to do so in accordance with Pa. R.C.P.402. Dated: October 1 3, 2004 ) '- arbara Sumple Sullivar~ Esquire 549 Bridge street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D.: 32317 Attorney for Defendant c" 2~; Cl 4-- ~il CJ ("., 0) ,. (J'l IN THE COURT OF COMMON Pl[,EAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHARTER HOMES BUILDING COMPANY, NO. 04-4686 Civil Term Plaintiff, v. 171 ASSOCIATES, LLC, CIVIL ACTION Defendant. C~) '-",1 --,-1 () -n :::::' hi -'''I PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR PRELIMINARY INJUNCTIVE RELIEF INCLUDING AN ORDER STRIKING LIS PENDENS 0) C) '.D Plaintiff, Charter Homes Building Company, by its undersigned counsel, hereby answers Defendant's Petition for Preliminary Injunctive Relief Including an Order Striking Lis Pendens as follows: Background 1. Admitted. 2. Admitted. 3. Admitted that Defendant served a rule on Plaintiff to file a Complaint. By way of further answer, Plaintiff served Plaintiffs Complaint in this matlter on Defendant on October 1, 2004. 4. Admitted. ReQuest for Preliminary Iniunctive Relief 5. Denied. A verified Complaint has been filed. Moreover, Plaintiff is informed and believes, and therefore alleges, that Defendant knew independently that this action concerns title 108821.006021.!1321474v2 to the real estate against which the matter has been indexed. 6. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth ofthis avenment. Moreover, for the reasons set forth in Plaintiff s verified Complaint, defendant is obligated to convey the real estate to Plaintiff. 7. Denied. This averment is a conclusion of law to which no response is necessary. By way of further answer, the contents of the preceding paragraph are incorporated by reference. 8. Denied. This averment is a conclusion of law to which no response is necessary. By way of further answer, for the reasons set forth in Plaintiff s verified Complaint, Defendant is obligated to convey the real estate to Plaintiff. 9. Denied. This averment is a conclusion of law to which no response is necessary. By way of further answer, for the reasons set forth in Plaintiff s verified Complaint, Defendant is obligated to convey the real estate to Plaintiff. The /is pendens should be allowed to continue. 10. Denied. This averment is a conclusion of law to which no response is required. By way of further answer, for the reasons set forth in Plaintiffs verified Complaint, Defendant is obligated to convey the real estate to Plaintiff. The Court should deny Defendant's request that the /is pendens be stricken. 11. Denied. This averment is a conclusion of law to which no response is required. By way of further answer, for the reasons set forth in Plaintiff s verified Complaint, Defendant is obligated to convey the real estate to Plaintiff. The Court should deny Defendant's request to enjoin Plaintiff from making further requests to index this mattllr as a /is pendens against Defendant's real estate without further order of Court. 2 108821.00602QI321474V2 12. Denied. The relief requested is unnecessary as Plaintiff served Plaintiffs Complaint in this matter on Defendant on October 1, 2004. 13. No response is required to this averment. NEW MATTER 14. For the reasons set forth in plaintiff's verified Complaint, Defendant is obligated to convey the real estate which is described in the Praecipe to Index as Lis Pendens to Plaintiff. 15. The contentions of Defendant in this litigation arl~ barred under the doctrine of waIver. 16. The contentions of Defendant in this litigation ar,e barred under the doctrine of estoppel and/or promissory estoppel. WHEREFORE, Plaintiff Charter Homes Building Company respectfully requests that this Honorable Court deny to Defendant preliminary injunctive relief including an order striking the /is pendens indexed against Defendant's real estate. Respectfully submitted, BLANK ROME LLP B~d -.. l... AttomeyLD. No. 16759 Roger F. Cox Attoml:yLD. No. 10239 Blank Rome LLP One Logan Square Philadl:lphia, PA 19103-6998 (215) 569-5496, (215) 569-5601 3 J08821.00602!.!J321474v2 Dated: October 15,2004 108821.00602a1321474V2 Robert G. Dobs1aw Attorney LD. No. 61162 110 Ridings Way Lancastfif, PA 17601-1708 (717) 898-4688 Attorneys for Plaintiff 4 VERIFICA nON I, ROBERT P. BOWMAN, duly authorized to sign this Verification on behalf of CHARTER HOMES BUILDING COMPANY, verify that the averments in the attached Answer to Defendant's Petition for Preliminary Injunctive Relief are based upon information which plaintiff has furnished to its counsel and information which has been gathered by plaintiffs counsel. The language of the Answer is that of counsel. I have read the attached Answer and, to the extent that it is based upon information furnished by plaintiff to its counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of this Answer is that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. CHARTER HOMES BUILDING COMPANY Date: ~(lIoh.u..J J 4-, t:1 ay By: Y1.A J.. J ~Jwman President 108821.00602/21321474v2 CERTIFICATE OF SERVICI~ The undersigned hereby certifies that he has served a copy of the foregoing paper upon counsel of record for defendant this date by United States mail, Jirst class postage prepaid, addressed as follows: Charles W. Rubendall, II, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, P A 171 08-1963 ~.~ ox Dated: October 15,2004 l08821.00602Q1321474V2 C") , --.i ....~ ., i"(1 co -']::1 C,) r,.) c.:::,l F:\FlLES\DA T AFILElGeneral\Currentll1322- t .CiInsent Cruted: 9110104 Z:4SPM Revbed: 617/053:02PM GLORIA FITZPATRICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4604 CNIL ACTION LAW MICHAEL S. FITZPATRICK Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Wlder S 3301(c) of the Divorce Code was filed on September 14, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. S 4904 relating to Wlswom falsification to authorities. Date: ~/lk , / ~ii~ Gloria Fitzpatrick, ntIff o ~ .0.:,.. -vbJ ~;~. "'-,..... (I; " -;~ '; G(_. ~S J.'c ~.? :O:j ""' ,..,. = = ..,.., '- c:: :;C I -' ~ ~E1 -om ,,06 b ,'-l-ri .r:""'1 ;.::> ?'i Zi'f! ~ ~!> "0 '< -0 ::It (.0) ,. 0:> GLORIA FITZPATRICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-4604 ClVIL ACTION LAW MICHAEL S. FITZPATRICK Defendant IN DlVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330l(c) AND & 3301 (d) 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn :::~~cat:/02;ties. ~~h +rj, ~ GIOriaFitZPatri~ ~ ~ <- ~ I ...J Q ~ d)Yt;; ~_yt ~~",;, ~C_' ~,2; PC -7 ~~ :< -0 % W .. ~ ~~ ~~ o -~. -\:....;, c-- zR. Q .-1 2jj '-< - 0:> - . F:\FILES\DA T AFll..E\G~M~lII\C\lrrent\ll H2.1.mSII Cre.llted: 9/JOf04 2:45PM Revised: 616105 1:~4"M GLORIA FITZPATRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4604 CIVIL ACTION LAW MICHAEL S. FITZP A TRlCK Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 1-~ day of :f~ , 200S, by and between MICHAEL S. FITZPATRICK of Lemoyne, Cmnb r1and County, Pennsylvania (heremafter referred to as "Husband") and GLORIA FITZPATRICK, of Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on July 29, 1979, in Pennsylvania; WHEREAS, three children (all currently over the age of 18) have been born of the marriage ofthe parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other 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: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby aclrnowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on September 14, 2004, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to pennit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. OthelWise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless othelWise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife 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, title an~ interest, 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other by the execution of this 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 and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Barbara Sump Ie-Sullivan, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party hannless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold hannless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: A list is attached hereto marked as Exhibit "A" which lists the personal property each party will retain. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Simultaneously with the execution of this Agreement, Husband shall execute a deed to the marital residence at 343 Walton Street, Lemoyne, C1Ullberland County, P A, giving all his rights, title and interest in said property to Wife, who shall refinance (or otherwise obtain Husband's release) on the mortgage and home equity loan. Wife shall, in return, pay to Husband the sum of $12,500. As of June 6, 2005, closing on the mortgage refinance is scheduled for June 7, 2005, and Wife has already satisfied the home equity loan and proof has been provided to counsel for Husband. Husband agrees to vacate the marital residence no later than July 10, 2005. Husband will give Wife at least three (3) days notice of his actual move date. The deed for transfer of the property will only be released from escrow by counsel for Husband when the refinance or release occurs of Husband's liabilities on the mortgage and on the home equity loan and full payment of the $12,500 is received. As of the date of this Agreement, Wife shall own aU homeowner's policies on the property and be responsible for the taxes, insurance and utilities. j1 13. PHOTOGRAPHY BUSINESS: Husband shall keep the camera equipment, studio props and equipment, and photo lab. Husband shall retain all business accounts, contracts and liabilities. Wife agrees not to con!\act prior clients or customers of the business or otherwise take any action to disparage or defeat Husband's successful future operation of the business. 14. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 15. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicles in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 16. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in aU respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: Husband and Wife had filed joint tax returns in the past through the tax year 2003. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnitY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detennined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Husband and Wife agree to file separate tax returns for the tax year 2004 and thereafter. Husband shall be responsible for the photography business income or loss and any deficiency, and he may likewise keep any refund he receives for the tax year 2004. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and fonner spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 20. PENSIONS I RETIREMENTI INVESTMENT ACCOUNTS: Wife will retain her 40lk, in and to which Husband will waive any and all rights. Husband will retain his retirement account(s), in and to which Wife will waive any and all rights. 21. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Each party will be responsible for their own credit cards. 22. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. 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. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result ofthe marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: 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. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and , (Jdpta0 WIT S COMMONWEALTH OF PENNSYLVANIA COUNTY OF(hm OOt-WJO On this, 1..0 day of ;::) \J.JJ t: , 2005 before me a Notary Public, personally appeared MICHAEL S. FITZPATRlCK, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. : SS F, I hereunto set my hand and official seal. Notary I ~"'.IUMN-MtJVM NlWCUt~~'""'t- co- ml\lll)~ ColMIIIIIon Hew II _7 COMMONWE~nNNSYLVANIA : 1/ I : SS COUNTY OF f:t-r.d'-- On this, the 7f-~day Of~ ' 2005 before me, a Notary Public, personally appeared GLORIA L. FITZPAT K, known to me to be the person whose name IS subscnbed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN ~~; h_'o.. my"'"" wd om"", =1. Notary Public NOTARIAL SEAL VICTORIA L OTTO, NOTARY PUBLIC CARLISLE BORO" CUMBERLAND COUNTY MY COMMISSIOn EXPIRES DEC. 2 2006 PORCH 2 rocking chairs (G) 2 folding chairs (M) old ladder (G) small table (G) milk box (G) LIVING ROOM Mikes chair (M) Glorias chair (G) Couch (M) End tables (M) coffee table (M) Small table with lamp (G) End Table lamps (G) Brass antique lamp (M) Stereo/cabinet/speakers (G) Fire Co Figurines (M) Torehiere Lamp (M) Coo Coo Clock (G) Photographs in room (split) Coat Rack (G) Bubble gum machine (M) DINING ROOM Dining Room set (G) Aquarium and stand (G) Piano (G) Curio Cabinet (G) Figurines (G) Tea Set (M) Wall Clock (M) Crocks (split) KITCHEN Refrigerator (G) Phone (M) Foreman Grill (G) Toaster (G) Microwave (G) Toaster Oven (G) Waffle Iron (G) Potato Cabinet (G) Answering Machine (M) Caller ID (M) Exhibit A Antique Wash Tublboard (G) Ice Cream Maker (G) Pots and Pans (Split) Dishes/glasses/silverware (Split) Stools (G) Fire Extinguisher (M) Clock (M) Canisters (G) OFFICE Computer (M) Computer Desk (M) Fire Cabinet (M) Large Cabinet (M) Folding Table (M) Paper Cutter Ig (M) Paper Cutter sm (G) (daughter uses frequently) Trash can/Shredder (G) Television (G) Phone (M) ~ ~ Safe (95~IU ~L~ BASEMENT Green couch/chairs (G) Tall table (G) Pool table and light (G) Gun Cabinet (M) Dry Sink (M) Old Records (we each have some) Videos/DVD (Split) Video Cabinet (G) Dehumidifer (G) TVNCR/DVD Players (G) Photography Props/equipllights,etc (M) Posing stools (M) Tray Tables (G) Freezer (G) Washer (Broken) (G) Dryer (G) Grey table (G) Mikes tools (M) Leafblower (G) Edger (broken -thrown out) Weed Wacker (G) Beige Cabinet (M) Sm filing cabinet (G) Rakes/shovels etc (Split) Coolers/Crockpots (G) BACK BEDROOM GARAGE Mikes high dresser (M) Folding Table (G) 2 Bookcases (Split) Laundry Baskets (G) Small White Cabinet (G) Toys (Split) Sweeper (G) Tools (M) Air Compressor (M) Photography files (M) Lawn Mower (G) Lawn Cart (G) Hose reel and hoses (G) Ladder (M) Photo props (M) Patio Table (M) Old Fire Extinguishers (M) Gloria Bike (G) Snow Blower (M) Black cabinet (M) Wooden glider (M) Shovels, hoe etc (Split) Hand truck (M) Folding hand truck (G) (Misti needs to transport things to college) Old wheels (M) Sleds (G) Trains (M) Car top carrier (M) Lawn Spreader (G) Lab and accessories (M) Kirby sweeper (M) Machinist tools (M) MIDDLE BEDROOM Antique sewing machine (G) Cedar Chest (G) School Desk (G) Old Books (G) Antique Glass lamp (G) Old Table (G) 2 antique chairs (M) Old hassock (G) Tourchere Lamp (M) 2 bookcases (Split) Antique hand tools (G) FRONT BEDROOM Dresser (light wood) (G) Mikes long dresser (M) Bed frame/mattress/springs (M) Gloria high dresser (G) Mikes night stand (M) Cedar chest (G) Phone (G) 2 Alarm clocks (Split) Wallclock (M) Photography chair (M) TVNCR(M) Chess Set (G) HALL Towels (G) Plumbers Torch (M) THIRD FLOOR Christmas decorations (G) All furniture belongs to Misti Suitcases (M) -r~, ' ,- .-? c,'., c: }~: c:-: :.:.(:.) >C~. ~ - o r- ...., c"' = <-" <-: ~ I -' -0 ::s: <-!? ~ -:l ~~ .oC; (~h "1: ~11 7J (') 2m 9 '":Y" ~~ c:> ) .. Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 GLORIA FITZPATRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4604 MICHAEL S. FITZPATRICK, Defendant CIVIL ACTION - LAW NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on September 14, 20~ and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. 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: September 14, 2006 ~w~ MICHAEL S. TRICK ~ .. GLORIA FITZPATRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-4604 MICHAEL S. FITZPATRICK, Defendant CIVIL ACTION - LAW COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry ofa divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (1) (ii) or both): _ (1) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division ofproperty, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Dated: GLORIA FITZPATRICK NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. :-:-: '. ; .. (.' '1 r' C_.l , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 GLORIA FITZPATRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4604 MICHAEL S. FITZPATRICK, Defendant CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14, 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 if I 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: October 10, 2006 HU4~ MICHAEL S. FITZPATRICK 1'"-' c:-::) ~:-.::::) 0-" c> ..1'1 <:) .:.. ) __,.u.\ c' C') c.;: Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 GLORIA FITZPATRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4604 MICHAEL S. FITZPATRICK, Defendant CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: October 10, 2006 /#t~~? MICHAEL S. FIT A TRICK r> c ~-'" r-:> C::.) .-;:::> c:r' o c; ..-.~.,- ~ () ;'11 o~. c~) u. ... ... Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 GLORIA FITZPATRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4604 MICHAEL S. FITZPATRICK, 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(d) and ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on October 13, 2004. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: September 26,2006; by Defendant: October 10,2006. Note: Defendant filed an Affidavit Under ~3301(d) on September 15,2006, indicating the expiration ofthe two (2) year separation period. The Counter Affidavit was served on Plaintiff's Counsel on September 19,2006. Plaintiff's response was due on October 9, 2006. No Counter Affidavit was filed. In lieu thereof, Plaintiff provided consent to the divorce (erroneously referencing 3301(d) in lieu of 3301(c) of the Divorce Code). Defendant has now filed his consent. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 7, 2005 and incorporated, but not merged, into the Decree. See paragraph 4, page 3 of the Agreement. Dated: October ~, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant 5. Date Plaintiffs Waiver of Notice in ~3301(c) Div e as filed with Prothonotary: October 11, 2006. Date Defendant's Waiver of Notic n ~3 1 'vorce was filed with Prothonotary: October 11, 2006. ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 GLORIA FITZPATRICK, Plaintiff v. MICHAEL S. FITZPATRICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4604 : CIVIL ACTION - LA W : 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 Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: Octobe!6..-, 2006 Jennifer L. Spears, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, P A 17013 ~ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Defendant . -f, ~ . ... r-") ~>:; (:.;f"""\ o C') -I 0- ~9 en iIi iIiiliili IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GIDRIA FITZPATRICK, Plaintiff No. 2004 - 4604 VERSUS MICHAEL S. FITZPATRICK, DefendaI).t DECREE IN DIVORCE AND NOW, ~ cA 3'3 t/ p.lI,. 17 2006 , IT IS ORDERED AND DECREED THAT GLORIA FITZPATRICK , PLAI NTI FF, MICHAEL S. FITZPATRICK AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 7, 2005 and incorporated, but not merged, into the Decree. ATTEST: PROTHONOTARY :f:f:f:f:f J. ~_~ ~ ~ ~ ~tL-, ?r?j/ '0/ . ~/w;z ~-~r9 'P'.61.()/ . . . t'. .. :' f!"