HomeMy WebLinkAbout04-6160
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
I. rr ' ()
: NO. ()-". t:ltr/) ~
ANDREW G. GUEST
Plaintiff
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
PAMELA J. GUEST
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 in Divorce or
annulment may be entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
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 ANY OF THEM.
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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
A VISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted de sea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta
Demanda y A viso radicando personalmente 0 por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de
tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes
para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A
LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
ANDREW G. GUEST
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
PAMELA J. GUEST
Defendant
CIVIL ACTION - LA W
IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Andrew G. Guest, an adult individual currently
residing at 27 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
2. The Defendant is Pamela J. Guest, an adult individual residing at 14
Gray Place, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 20, 1991 in Cumberland
County .
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about December 1, 2003.
8. The causes of action and sections ofthe Divorce Code under which
Plaintiff is proceeding are:
A Section 3301(c) - The marriage ofthe parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about December 1,2003.
9. Plaintiff and Defendant have 2 children under the age of eighteen,
namely Jessica Guest, born September 24, 1993, and James Guest, born March 25, 1995.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that he may request that his spouse and he participate in counseling.
11. Plaintiff does not request that the Court require that his spouse and he
participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
Date:
h /, f t,
Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REIN LD
Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PAl 7112
(717) 671-1500
J.D. No. 33671
Attorney for Andrew O. Ouest
.' .
.
AFFIDA VIT
I, ~~ (lP/LeLl if! ~{1
, hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities.
. Dated: 11- ~O-- oL-(
x
Iyjj
'.
~~;'0
-- ~ ~
e>d
~~
~
0.
~
~
-r\
D
~
1-)
C
.-~
f""')
f:,.}
J.;~
t?
,-,\
-.;-)
..." ~.. I
r . \
..t_:"\
-_.(
r-=;;;
.~I
\
(;:J
C'
,..n
..--\
-,,- -4""\
I..'; ---:
"':n
-1'11,,-")
." .I'.,.
::)\~;?\
"\,'"n
l, .~ \~')
~ :;) 1'1'
, ~-\
-:
.',"
-,,,
(;-?
<\-,..
-,,~
.~Z
o
CP
ANDREW G. GUEST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6160 CIVlL
PAMELAJ.. GUEST,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
AND NOW, this ~ of January, 2005, comes the Defendant, Pamela 1. ~,
Guest, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully
answers the Complaint in Divorce as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. It is specifically denied the Plaintiff and Defendant separated on or
about December 1, 2003. To the contrary, the parties separated on November 1, 2004.
8. Admitted in part.
A. Denied. It is specifically denied that the marriage is irretrievably broken.
B. Denied. It is specifically denied that the parties separated on or about
December I, 2003. To the contrary, the parties separated on or about November 1, 2004.
9. Admitted.
10. Admitted.
11. Admitted in part; denied in part. It is admitted that Plaintiff does not wish to
request the Court require that he and his spouse participate in counseling prior to a
Divorce Decree being handed down by the Court. It is specifically denied that
counseling should not take place. Defendant wishes to reserve her right to require the
parties to receive counseling prior to a divorce.
NEW MATTER/COUNTERCLAIM
Paragraphs 1-11 are incorporated by reference as if set forth in full here below.
E9U1TABLE DISTRIBUTION
12. Plaintiff and Defendant have acquired property, both real and personal,
during their marriage.
13. The parties have acquired marital debt during their marriage.
14. Plaintiff and Defendant may be unable to resolve amicably the
property issues in this matter.
WHEREFORE, Defendant respectfully requests this Honorable Court to equitably
divide all marital property and debt.
Respectfully submitted,
JOANNE HARRISON CLOUGH, P.C.
Date: \---z..,C0-0'5
'v"-M
/
Joanne Harrison Clough,
Attorney ID No. 3646
24 N. 3200 Street
Camp HilI, PA 17011
(717) 737-5890
Attorney for Defendant Pamela J. Guest
VERIFICA nON
I, Pamela Guest, hereby verifY and state that the facts set forth in the foregoing document
are tlUe and correct to the best of my information, knowledge and belief
I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.
34904 relating to unsworn verification to authorities.
DATE: I - Zw -05
CHZI1<7/1<
.
Pamela Guest
iJ A~4L
(
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of
the foregoing document to the fol1owing individual via United States mail, postage prepaid, to
the address set forth below:
Mark Silliker, Esquire
Silliker & Reinhold
5922 Linglestown Road
Harrisburg, PA \7112
ulfe
,--
Date: \ "1.--'9.> - D'J
<l
- ~
:::t>O
~ -:::: ~ \>
~ ~ rr-
~t
----L..
- p
~'i
, Cc
,
~,
rT';
,-,<.~
I
1"-'
"""1
( .)
-
C::J
G
-
ANDREW G. GUEST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
PAMELAJ. GUEST,
Defendant
NO. 04-6160 CIVIL
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 8, 2004 .
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of 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 ofthe decree or upon filing of my Waiver of the Notice ofIntention to
Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: 1- / / -C(c
Yf2yze/0
Pamela J. Guest
q7~/<7~
..--:::
(, ,
-----
ANDREW G. GUEST,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO 04-6160 CIVIL
PAMELA 1. GUEST,
Defendant
:CIVIL ACTION
:IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF 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 statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating
to unsworn falsification to authorities.
DATE: /-11-00
~dt (7 4~v?)
PAMELA J. mmST
,
'-"
c
---
ANDREW G. GUEST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 04-6160 CIVIL
PAMELA J. GUEST,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on December 8, 2004.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of 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. ~
4904, relating to unsworn falsifications to authorities.
Date:
fe. if
~v6,-gr-
Andre . G st
ANDREW G. GUEST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 04-6160 CIVIL
PAMELAJ. GUEST,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
I. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
I ,~
~r-
Andrew G. G st tg
,
MARRIAGE SETTLEMENT AGREEMENT
By and between
Andrew G. Guest
-AND-
Pamela J. Guest
Dated: tV 0 () efYlkr c) f ' 2005
INDEX
PAGE
1. Divorce and Separation................................................................ 4
2. Division of Property..................................................................... 4
3. Life lnsurance/Estate Planning.................................................... 6
4. Income Tax Prior Retums............................................................ 7
5. Execution of Additional Documents ........................................... 7
6. Transfers Subject to Liens ........................................................... 7
7. Complete Listing of Property ...................................................... 8
8. Equitable Distribution of Property .............................................. 8
9. Relinquishment of Ownership ..................................................... 8
10. After-Acquired Property.............................................................. 8
11. Debts............................................................................................. 9
12. Bankruptcy ................................................................................... 10
13. Alimony ........................................................................................ 10
14. Full Disclosure ............................................................................. 10
15. Releases........................................................................................ 11
16. Indemnification ............................................................................ 11
17. General Provisions ....................................................................... 12
18. Fair and Equitable Contents......................................................... 12
19. Breach...... ..................................................................................... 12
20. Independent Separate Covenants ................................................. 13
21. Void Clauses ................................................................................ 13
22. Execution of Documents.............................................................. 13
23. Applicable Law............................................................................ 13
24. Non-Merger .................................................................................. 13
25. Disclosure and Waiver of Procedural Rights .............................. 14
26. Tax Advice ................................................................................... 15
27. Representation of Parties ............................................................. 15
Signature Page.............................................................................. 16
Acknowledgement Page............................................................... 16
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this ;2/ sf day of N~ I e/1'l~0005, by
and between Andrew G. Guest -AND- Pamela J. Guest, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on April 20, ] 99], at Cumberland County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of rea] 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 Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on December], 2003.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutua] 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, Wife and Husband. each intending to be legally bound hereby, covenant and
agree as follows:
3
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 330l(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 40lK plans
m1d/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
2. Husband shall become the sole and exclusive owner of the
marital residence located at 27 Pine Tree Drive, Mechanicsburg,
Cumberland County, Pennsylvania. Husband and Wife agree that
Wife shall sign a Deed conveying said marital residence solely
unto Husband within ten days ofthe date of this Agreement.
4
3. Husband shall retain the entire contents of the marital
residence located at 27 Pine Tree Drive, Mechanicsburg,
Cumberland County, Pennsylvania,
4. Husband shall become the sole and exclusive owner of the
Chevrolet van. Wife shall take whatever steps are necessary,
including signing the title to the van, in order to remove her name
1. Wife shall retain any pension plans and/or retirement plans
from said title within ten days of the date of this Agreement.
B. The following shall become the sole and exclusive property of Wife:
and/or employee stocks or savings plans, andlor 40 I K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
~
:h"W:;:~':"'" ilio pw'~<' from fu,~, offu, {fJIi
3, "');....(.-5~\\ rt.n;." tvU P(,/)l).....J \l"ilf>U'~.sk o","-,''U-O
C. All personal property in the possession of each party as of the dlrle of 'i\ .,
I"' r. 'J r "l"O
execution of this Agreement shall remain the sole and separate property of each party ~~."\,M
, S-t-.f I
respectively. However, upon Husband's death, Wife may take any articles of personal 1,1) cJ-
iY'w"00
I~:::'; ~,,(L,
property from the marital home which she feels she can actually use for her own home.
However, said articles of personal property may not be sold. Any articles of personal
4 Iv 'f'
property which Wife cannot use shall be sold, and the proceeds shall become the property' '/""L
5~ rd1..
of the parties' minor children, to be deposited into their trust account, as more fully set~ G~
forth in Paragraph Three of this Agreement. { h. ~ ~ ofF
y?o:>t- ~wcJ...;,
G...& '" ~~
S>cp.~
, p,.-<;) f>'U~ h-J-
b '=>1-\1\ cJ-
~ ~ 1'\~L4",,(p
{\,,'-f':') I I _ -.-
5
,~ 'a Q C~\ ..,\r....-\-
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Life InsurancelEstate Planning. The parties agree that Husband
sha]] maintain his life insurance policy with Aetna Life Insurance Company in the
approximate amount of $226,000. It is agreed between the parties that Wife shall be
listed as the irrevocable beneficiary in the amount of $1 00,000, and the parties' children
shall be listed as the irrevocable beneficiaries in the amount of $126,000, to be left to
them in equal shares on a per capita and not per stirpes basis. Husband shall provide
Wife with written proof of this arrangement from his life insurance company after the
entry of a Decree in Divorce. The children's share of Husband's life insurance proceeds
shall be held in Trust for the children, with Husband's father, James T. Guest, as well as
either Tammy or Terry Tibbits, acting as the Co-Trustees for said Trust account.
It is further understood that upon Husband's death, the marital residence
and its contents shall be sold and the proceeds fr:;iW~lI be held in trust by
\' a.~+r-o....- Ar;.G.-
James T. Guest as well as either T_y Tibbits , s for the benefit of the
parties' minor children. However, it is understood that Wife shall have the option of
going into the home and taking out any articles of personal property that she feels she
could use in her house, and that could benefit the children. Under no circumstances shall
Wife take any articles of personal property and then sell them for her own benefit.
It is understood that Husband shall retain Attorney John Sheridan to assist
him in the preparation of a Wi]] as well as Trust Agreement, and that said documents
6
.,
shall be provided to Wife's attorney contemporaneous with this Agreement for her
review.
4. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. 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 indemnify 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 determined 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.
5. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service ofthe Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
6. Transfers Subiect to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
7
7, Complete Listinl! of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
8. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
9. Relinquishment of Ownership, Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
10. After-Acquired Property. Each of the parties shall hereafter own
and enjoy independently of any claim orright 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 all
respects and for all purposes as though he or she were unmarried.
8
11. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: none (outstanding mortgage language) Husband covenants and
agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife
for any of the debt set forth herein above, Husband will at his sole expense, defend Wife
against any such claim or demand, whether or not well-founded. and that he will
indemnify and hold harmless Wife in respect of all damages as resulting therefrom.
Damages as used herein shall include any claim, action, demand, loss, cost, expense,
penalty, and other damage, including without limitation, counsel fees and other costs and
expenses reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Wife.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
9
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
12. Bankruptcv or Reorl!:anization Proceedinl!:s. The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
13. Alimonv. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
14. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by 93505(b) of the Pennsylvania
Divorce Code. The rights of either party to pursue a claim for equitable distribution of
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
10
15. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities ofthe other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance. or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
16. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnifY and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
11
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
17. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
18. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully eXplained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advice from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
19. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
12
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
20. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
21. 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.
22. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23. Applicable La'!. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24. Non-Mere:er. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shaH survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
13
25. Disclosure and Waiver of Procedural Rie:hts. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud. duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
14
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, rernedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
26. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
27. Representation of Parties. The parties have mutuaIly worked out
the terms of this Marriage Settlement Agreement. Husband has been represented by
Mark T. Silliker, Esquire. Wife has been represented by Joanne Harrison Clough,
Esquire.
15
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
v::2,.e:, (1 d~
Pamela J. uest (
N~0?~~
~-;-
Andre G. G st
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF OAUPIIlN c..Um6<::t<.LAND
On this ~)stday of "'0'0/1 mhv"" , 2005, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Pamela J. Guest, known to
me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
~?li?A P-4~v7-:b
Pamela J. Guest
Witness my hand and Notarial seal, the day and year aforesaid.
.J~
-=DJQ'LI ~ 1/). cA~/\
Notary P lic
My Commission Expires: OC.1D\?\v- ::2./, ;;Z= 'I
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Loper. Notary Public
Camp HiM BorD. cumberland County
My eommission Expires 0<127.2007 .
Member, Pennsylvanl8 Association Of Notanes
16
"
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this fi day of ex ;Jr, hE g , 2005, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Andrew G. Guest, known
to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement.
Andre~~
Witness my hand and Notarial seal, the day and year aforesaid.
Notary Public
My Commission Expires:
.
17
o
f.::
-t"1'"
n":;'.;.
'~',~ ", ,
~;" ~;'~"
,...,
.~::t
7~~
<-
~
1'''
--'
~
~.
~
s!:n
p'r:-
-oi,,!",
-:;i..?
',-..)..
'--'It.J.
f;~ ~~
-;:)'
~.. ~
<'1
~,
~
-
-
-
,-,<
--'
ANDREW G. GUEST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 046160
PAMELA J. GUEST,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ACCEPTANCE OF SERVICE
I, Joanne Clough, Esquire, attorney ofrecord for the Defendant, Pamela J.
Guest, hereby cenify that] accept service on her behalf of a Complaint in Divorce in the
above-captioned matter on D-l<.i "......\j?(/\ ~ 0 ,2004, by first-class mail, postage
prepaid.
Date:
\. 7 -
. ~
"
.).C7
- C.) \ -I.
Joanne Clough
Q
(,..
'g.
-oC'-'
Q~~T
..t:-,"'.
"/' i
((.~ ,,"
"-:-."
f--;:'\,_
.,.>:-,,{
~;(
:P'S..;
::~
.....'
~
"'~
<-
."..
:;;0::
N
-l
~
.,.,.
-
-
o
.on
::?.."
enp
-08
-:'<:J
''"') )~~
~~<
~>-:. J.
('i(:~
6r'1
..~
~';:::>'
<;::1
:<
-
U1
-------
0__'_
.~
ANDREW G. GUEST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-6160 CIVIL
PAMELA J. GUEST,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the foJlowing information, to the Court
for entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section
(X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: December 30, 2004,
by first -class mail.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) ofthe Divorce Code: January 6, 2006 by Plaintiff, January 11,2006 by
Defendant.
(b) (1) Date of execution of the Plaintiffs Affidavit required by
Section 330 I (d) of the Divorce Code:
(2) Date of service of the Plaintiff s Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shaJl be incorporated, but shaJl not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice ofIntention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in S330l(c) Divorce was
filed with the Prothonotary: January 23,2006.
Date Defendant's Waiver of Notice in S330l(c) Divorce was
filed with the Prothonotary: January 23, 2006.
6. Social Security Numbers:
(a) Plaintiff: 224-17-7233
(b) Defendant: 182-54-2091
q
s,
-ni~b
rr)~T:
,.__.l
;~.I.~
(j) ",;
~1-:
;~t;
:.z
~
,....,
=
c=>
er-
e.-
~
N
-.J
".
:::;::
-
-
~
~,::n
nj:;:,
=By
(.~C)
=:;: :r;
(::;6
-"'-10
S
~
:<
-
(J1
--
++. +. +. '+'
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
.
.
.
.
.
.
.
.
.
.
.
+.+.+ ~+ +++ +. + ++.+++.+ ++++++ ++. +. ++ + ~+++~ ++++++++++++++++++++ ~
.
.
IN THE COURT OF COMMON PLEAS :
.
.
OFCUMBERLANDCOUNTY .
PENNA.
STATE OF
ANDREW G. GUEST,
No.
04-6160 civil
Plaintiff
VERSUS
PAMELA J. GUEST,
Defendant
DECREE IN
DIVORCE
1t1-"i
JI
,.:2..aO~, IT IS ORDERED ANO
AND NOW,
Andrew G. Guest
, PLAI NTI FF,
DECREED THAT
Pamela J. Guest
, DEFENDANT,
AND
.
.
.
.
.
.
.
.
.
.
.
.
AF:E DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
Br:EN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
The Marriage Settlement Agreement between t~arties shall
be incorporated, but shall not merge with the final Decree
in Divorce.
J.
PROTHONOTARY
+. :+' +. ;t' '+' +. +. '+' '+ '+' + '+ :'I' + '+' '+' + '+' '+' '+ ;+';t' ;+';t' + + + + + + '+ + + '+' Of + 0+' :+:+ :+ + :+ + :+ + + + + ++
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
/' .
YWI? ;VZ' '7 ;~J.m/ ~,t,
-rrrf5' ~? ~ /f1''lfr'Y kiA' 1"1)
~J 1 C'
'It? I'~
/'
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ArAy'?-,w Cr c?-
Plaintiff
FILE NO. OLA-W , 1?11120_
VS. IN DIVORCE
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the above matter, having
->?-
been granted a Final Decree in Divorce on the day of J oL e oZo?lo,
hereby elects to resume the prior surname of ?? rbl «Y 1 AC 5 y'; c? c?-y-l
and gives this written notice pursuant to the provisions of 54 P.S. 704. -40
DATE: 1 ( a b QirYU?? Q4r7i 014-1
Signature
ea?
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On the ?" day of tJ dV&A-,6P-K , 20_1 before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
Notary blic
M?? ??`r+haM1
??ti