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HomeMy WebLinkAbout02-0872 FOSTER L. CAROTHERS, * IN THE COURT OF COMMON PLEAS PlaIntiff * CUMBERLAND COUNTY, PENNSYLVANIA * YS. * NO. tJ;l - q7~ iwJ * FRANCES M. CAROTHERS, * CIVIL ACTION. LAW Defendant * IN DIVORCE NOTICE To DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights'important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office >of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 -- FOSTER L. CAROTHERS, Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA * * V5. * NO. ~- 87;), * FRANCES M. CAROTHERS, Defendant * CIVIL ACTION - LAW IN DIVORCE * COMPLAINT UNDER 13301 OF THE DIVORCE CODE 1. Plaintiff is, Foster L. Carothers, who currently resides at 326 Roxbury Road, Shippensburg, Pennsylvania. 2. Defendant is, Frances M. Carothers, who currently resides at 121 Saint Johns Drive, Camp Hill, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on August 12, 1972. 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. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) . days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff ~i11 submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. -. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 and ~3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial 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 Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. While no settlement has been reached as of the date of the filing of this Complaint, Plai~tiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. -. 20. 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 marriage 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 Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: vir? f 0'/ { r ATTORNEY FOR PLAINTIFF VERIFICA liON I, Foster M. Carothers. hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: -'" 1< I - I(J / s:~ L c':- /- ./' .~~~ Foster M. Carothers ~~ ~~ -...~ ~~ ~\S ~ \:Y "- ~. 0:' : , " ~ ~ ~~ \ ~~ , ~ ~~ t C) 0 (-- c:: r,-) --Tl <,. -r1 S~5" :~8 ::! 6,) 6 ~ ~~, -Q ~~i - --:J ." 53 ___ 10 -< ~ FOSTER L. CAROTHERS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * Y5. * NO. 02-872 * FRANCES M. CAROTHERS, * CIVIL ACTION. LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on February 21,2002, I served a true and correct copy of the Complaint in Divorce upon Constance Brunt, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Constance P. Brunt, Esquire 1820 Linglestown Road Harrisburg, P A 1711 0 Date: d- -J)od- ~~/1::J~ Mis D. Le an ~ Cl 0 N ." ..., .-l -00::> 1"'1 :]:-n ~gj I:D t.,~ ~~. N :;~("""l 0'> ,,,y j__~)C) Cr ;<0 .""" . ?'5:TI i~ ::& ~. (") '? e;rrl .~-t ~ ;J::: :rJ 0:> -< II FOSTER L. CAROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A VS. NO. 02-872 FRANCES M. CAROTHERS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please kindly withdraw the appearance of Edward J. Weintraub, Esquire as counsel for Plaintiff, Foster L. Carothers, in the above-captioned matter. Date: ,I n/o) I Respectfully submitted, PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please kindly enter the appearance of Jane M. Alexander, Esquire, as counsel for Plaintiff, Foster L. Carothers, in the above-captioned matter. ~3 (') a ("-J c: w --q ". 5-""- ,- "'tin,) :::::r.. n1rn .....,,~ -4i- Z::::v w "Tl z~_. ? (0 "cO; rsc:; r . ~-_.... -0 ~.i' . :::::: - -";:;r~ -"",. l 2--' -..1:'.. C) 50 w t:5 Ii! r'. ~ Z :::> :0 =< r0 -< FOSTER L. CAROTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 02-872 CIVIL FRANCES M. CAROTHERS, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 Assodation 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FOSTER L. CAROTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND> COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 02-872 CfV1L FRANCES M. CAROTHERS, Defendant : IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, FRANCES M. CAROTHERS, by and through her counsel, CONSTANCE P. BRUNT, ESQUIRE, and answers the Plaintiffs Complaint as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 7. The same are therefore specifically denied. 8. Admitted. COUNT I REOUEST FOR A NO-FAULT DIVORCE UNDER ~3301(c) OF THE DIVORCE CODE 9. The answers to Paragraphs 1 through 8 as set forth hereinabove are incorporated herein by reference as though fully set forth hereinafter. 10. Admitted. I I. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph lIas they relate to Plaintiffs intentions or beliefs. The same are therefore specifically denied. Notwithstanding, Defendant confirms her willingness to execute and file an Affidavit consenting to a divorce under ~3301(c) of the Divorce Code. 2 COUNT II REOUEST FOR A NO-FAULT DIVORCE UNDER ~3301(d) OF THE DIVORCE CODE 12. The answers to Paragraphs 1 through 8 as set forth hereinabove are incorporated herein by reference as though fully set forth hereinafter. 13. Admitted. 14. It is admitted that the parties are living separate and apart. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 14 as to Plaintiffs intentions. The same are therefore specifically denied. COUNT III REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 53323. ~3501. ~3502. ~3503 OF THE DIVORCE CODE 15. The answers to Paragraphs I through 8 as set forth hereinabove are incorporated herein by reference as though fully set forth hen:inafter. 16. No response is required to this prayer for relief. 3 COUNT IV REOUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER &3104 OF THE DIVORCE CODE 17. The answers to Paragraphs 1 through 8 as set forth hereinabove are incorporated herein by reference as though fully set forth hereinafter. 18. Admitted. 19. It is admitted that no settlement has been reached to date. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 19 as to Plaintiff's willingness to negotiate a fair and reasonable settlement. The same are therefore specifically denied. 20. No response is required to this prayer for relief. COUNTERCLAIM COUNT I REOUEST FOR ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 21. Defendant/Counterclaim Plaintiff, FRANCES M. CAROTHERS, is without sufficient assets and income to support herself, pay h(:r attorney's fees and the costs and expenses of this action. 4 22. Plaintiffi'Counterclaim Defendant has sufficient earning capacity to support the Defendant/Counterclaim Plaintiff and to pay the Defendant/Counterclaim Plaintiffs attorney's fees and the costs and expenses of this action. 23. Defendant/Counterclaim Plaintiff requests the Court to order the Plaintiffi'Counterclaim Defendant to support the Defendant/Counterclaim Plaintiff during the pendency of this action and to pay her counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the Divorce Code. COUNT II REQUEST FOR ALIMONY UNDER SI:CTION 3701 OF THE DIVORCE CODE~ 24. Defendant/Counterclaim PlaintiffIacks sufficient property to provide for her reasonable needs. 25. Defendant/Counterclaim Plaintiff is unable to sufficiently support herself through appropriate employment. 26. Plaintiff/Counterclaim Defendant has sufficient property, assets, and income to provide continuing support for the Defendant/Counterclaim Plaintiff. 27. Defendant/Counterclaim Plaintiff requests the Court to order the 5 Plaintiff/Counterclaim Defendant to pay alimony to Defendant/Counterclaim Plaintiff pursuant to Section 3701 of the Divorce Code. WHEREFORE, Defendant/Counterclaim Plaintiff prays your Honorable Court to enter an Order as follows: (a.) Dissolving the marriage between the parties; (b.) Equitably distributing, dividing or assigning the marital property of the parties; (c.) Directing Plaintiff/Counterclaim Defendant to pay Defendant/Counterclaim Plaintiff alimony pendente lite, counsel fees, costs and expenses arising out of this action; (d.) Directing Plaintiff/Counterclaim Defendant to pay Defendant/Counterclaim Plaintiff support and alimony; (e.) Granting such further relief as the Court may determine appropriate and just. Respectfully submitted, DATED: &/J/4 ad? CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, P A 17110-3339 (717) 232-7200 Attorney for Defendant/Counterclaim Plaintiff 6 VERIFICATION I verify that the statements made in the foregoing Answer And Counterclaim 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. DATED: 6ft /ail 'It r.;~t,/v '7J?1 (Z/J.H7i./ A /J ) FRANCES M. CAROTHERS, Defendant/Counterclaim Plaintiff CERTIFICATE OF SERVICE of ~. -, I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certifY that on the ~day , 2004, I served a true and correct copy of the foregoing Answer And Counterclaim by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jane M. Alexander, Esquire 148 S. Baltimore Street PO Box 421 DilIsburg, PA 17019-0421 Attorney for Plaintiff/Counterclaim Defendant dgJ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant/Counterclaim Plaintiff ~ D ~ ~ .--' 0 0 n c::) , .:-::;) ..n J,;- .:... .-l 0 .. ~r'i;P- ~ "- ~ M"~ _ ,n C5 I 1..:) -' , ..... f- () "';) ~ ..' : ~ ~ -""" () 's:~' C1 P- '''' ~:j cO;; -- 0:> -~ . II II , FOSTER L. CAROTHERS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 02-872 CIVIL FRANCES M. CAROTHERS, : CIVIL ACTION - LAW DEFENDANT: IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this d~/:!- day of )'lit "'0- , 2006 by and between Foster L, Carothers of 11987 Stonewall Road, Shippensburg, Franklin County, Pennsylvania 17257 (hereinafter referred to as "HUSBAND") and Frances M. Carothers, of 121 St. Johns Drive, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 170 II (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were married August 12, 1972. Husband instituted an action in divorce to No. 02-872 in the Court of Common Pleas of Cumberland County, Pennsylvania on February 20, 2002. The pleading in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the ownership and equitable distribution ofreal and personal property. There were three children born of this marriage, Lauren born September 8, 1977, Nicholas born July 9, 1980, and Nathan born April 18, 1982. Page 1 of 9 II !I , l NOW, THEREFORE, in consideration ofthe promises and 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: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The terms of this Agreement and their effect have been fully explained to the HUSBAND by her counsel, Jane M. Alexander, Esquire. The terms of this Agreement and their effect have been fully explained to the WIFE by her counsel, Constance P. Brunt, Esquire.. The parties acknowledge that they have received independent legal advice from counsel oftheir choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to ajust and right standard, with due regard to the rights of each party. It is the intent ofthe parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. Page 2 of 9 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities except as hereinafter set forth: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. Page 3 of 9 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully effectually, in all respects and for all purpose as ifhe or she were not married. If either party is entitled to any item of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of the Agreement. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: a) Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. b) Mellon Bank Checking Account Number 252-1 10-3388, a joint account, will be retained by WIFE. c) Fidelity Account Number 2AP-642371, a joint account, will be retained by WIFE. The value of this account is $644.00. 7.2) Vehicles: WIFE will retain ownership of the 2000 Saturn LS2 (Kelly Blue Book Page 4 of 9 ~7 II Value $4,745.00). 7.3) Household furnishings: The household items will be sold at the time of the sale ofthe house. Before the items are listed for sale the children may identifY any items they would like to retain and the rest will be sold. The net proceeds from said sale will be divided 50/50. 7.4) Pensions: Stock options, Retirement funds, IRAs: WIFE will retain her PSERS retirement plan valued at $658,631.25. HUSBAND will retain his CSRS retirement valued at $417,300, his FERS retirement valued at $199,483.00, and his Thrift Plan valued at $208,814.34. However, the parties agree that WIFE shall receive a distribution of $56,000.00 from HUSBAND'S Thrift Savings Plan Account. The parties will promptly cooperate in all necessary respects to obtain the entry of a Qualified Domestic Relations Order or such other Order of Court as is necessary to accomplish the said distribution to WIFE, which QDRO or Order of Court shall be prepared by HUSBAND'S counselor at HUSBAND'S expense. The said QDRO shall provide that distribution shall be made to WIFE in the amount of$56,000.00,v4t....d,4t o/.fl.-e- DlI-f1. i 6w....:Iz."" t< -I&.;., ~. ~ REAL EsfATE: The marital residence of the parties located at 121 St. Johns Drive, Camp Hill, Pennsylvania 17011, shall continue to be occupied by WIFE with each of the parties continuing to pay half of the property related expenses, which includes the Mellon Bank Line of Credit Loan, taxes, insurance, as well as any agreed upon maintenance and repairs until the house is sold. HUSBAND will no longer contribute to payment of utilities. The house shall Page 5 of 9 II be listed for sale on or before May 31, 2006 with David Weaver of Detweiler Howard Hanna. Both parties will cooperate in all reasonable respects to accomplish the sale as soon as practicable, upon reasonable terms and conditions. The house shall be listed at the price recommended by the listing broker, unless the parties otherwise agree. The net proceeds of the sale ofthe house will be divided fifty-five (55) percent to I WIFE and forty-five (45) percent to HUSBAND. HUSBAND further agrees that from his I I I , I I I I , II share of the proceeds, WIFE will receive $40,000. 9. SPOUSAL SUPPORT/ALIMONY: Neither party.has or will make claim for spousal support and/or alimony. 10. ADDITIONAL EOUIT ABLE DISTRIBUTION PAYMENT TO WIFE: In order to meet the equitable distribution terms agreed upon, HUSBAND will pay to WIFE the sum of$16,000 within fifteen days of the execution of this Agreement. This payment represents a distribution of property and is not a payment of alimony. This payment is neither taxable to WIFE nor deductible by HUSBAND. II. BANKRUPTCY: The parties hereby agree that the provision of the 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 declare this Agreement to be null and void and to terminate this Agreement in which the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Page 6 of 9 II court determination the same as ifthis Agreement had never been entered into. 12. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 13. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by HUSBAND under the no-fault provisions of the Pennsylvania Divorce Act. 14. The waiver or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 15. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 16. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. Page 7 of 9 II WITNESS BY: Foster 1. Carothers, Plaintiff c:?~ ~ ~ a#tF to/YJI-PA m flum,~ Frances M. Carothers, Defendant Constance P. Brunt, Esquire Attorney for Defendant . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, the ,B, -0- day of OV\ 0 ' 2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Foster 1. Carothers, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. ~ Notary Public My Commission Expires: COMMONweALTH OF PINNev VANIA NolariaI Seal NarumoI Alexander, Notary Public DiIIsburg Boro, YOlk County My Commission Expires fJvx. 7, 201 0 Member, Pennsytvanla AssoclaUon of Notaries Page 8 of 9 of. . '. !! 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF j,cl.</UIIY SS ,I I: .:A~ , 2006, before me the On this, the c/tfz..... day of undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Frances M. Carothers, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. a~ Notary Public My Commission Expires: .mrn AI:fa OF PBNNSYLVANIA CQMMO",~ Notarial SeJ'~a Public Constance P. Brun~ ~n County susquehanna TWPpI.' Da~ct 20 2009 I/rf Commission Ex res . . Page 9 of 9 l"..."l .-J ~.;.. ; c ,<:-~~ .-. II FOSTER L. CAROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 02-872 CIVIL FRANCES M. CAROTHERS, 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 February 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. r consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. r verifY that the statements made in the Affidavit are true and correct. r 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/;!])2- 0 0 ~ d~~ Foster 1. Carothers 8 ~ -v l't , IT\f' "'":7'" (~~~- ~~':::: ~C 4_.( " )> c::~ ~ ,.., <=> "" "'" 2:: c-> N CO ~ :i:!,-n nr: -orn ,,,0 ,>) L, ~~~~ ..,/( .; %:fn 9 15 '< -po ~ Cf? N N IT FOSTER L. CAROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 02-872 CIVIL FRANCES M. CAROTHERS, Defendant CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE I. 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. Section 4904 relating to unsworn falsification to authorities. Date: Jj;r J~o " ~~~ Foster 1. Carothers o c ;;: ~rF' :c?i'-: ;:::;.?,. Gr,~' ,,-~' ,..::': ~f~ ;~ ,..., = = "'" )>0 c:: .., N co o -n s:!:n nl, -um :':nO --, ! :::'j.C) ~~~ On1 ~ :n -< ~ ..... <;9 N N' tIII __ Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt@CPBruntLaw.com Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FOSTER L. CAROTHERS, v. NO. 02-872 FRANCES M. CAROTHERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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 -- I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: 9/tf/or., ~Ud/1?1~ FRANCES M. CAROTHERS, Defendant o c:: S 0]'t';' , - r:r~ r::: o<:_~. ~i y' r---> co:> ~ 0" (/) fT1 -0 rV (.n --~ ~'I'" """"'!.. - - t-,) d' ,0,' Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt(li!CPBruntLaw.com FOSTER L. CAROTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 02-872 FRANCES M. CAROTHERS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 tC) AND ~3301 (D) OF THE DIVORCE CODE 1. 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 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 Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: ~)(/CJ~ #M2U1?2i. ~ FRANCES M. CAROTHERS, Defendant -2- .. o c: ~-, "1:)~r I~W / (:,2.., r:: \'~ <- :~--~;, :..2 r-' c:? ~ o~ (/) rn -0 N cJl v :;:ir. o --0 .-\ ::r.:"'n rn--- ~\ :gQ i',~~~\ (~~~ o :4 - - (..) en Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt@cpbrunt'aw.com FOSTER L. CAROTHERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW NO. 02-872 FRANCES M. CAROTHERS, Defendant IN DIVORCE PRAECIPE TO: Curtis Long, Prothonotary Please mark as withdrawn and discontinued the Plaintiffs claims for alimony pendente lite, counsel fees, costs and expenses and for alimony set forth Counts I and II of Defendant's Answer and Counterclaim filed on June 7, 2004. DATE: 9!}./!b l,. dfJ6f CONSTANCE P. BRUNT, ESQUIRE Supreme Court 1.0. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant o c:: ?: -on' rnr; . 'CT ., ~; ~ ,-::;> <::f" (/) rn -0 '" <..f\ (~. ~:;~: ~. ::;;."" :..~ - - o -n .-\ ::C-n 111 f: -rJ tn. ~;;~]~ i~~. '-t.--' .:t=\.\ (~i ~~4 C)' ..=..\ 2p :-<. t.>) 0"\ II FOSTER L. CAROTHERS, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA VS. : NO. 02-872 FRANCES M. CAROTHERS, : CIVIL ACTION -LAW DEFENDANT STIPULATION FOR ENTRY OF OUALDnITNGRE~MENTBENE~SCOURTORDER AND NOW, come the above-captioned parties and their respective counsel of record and stipulate to the entry of the proposed Qualifying Retirement Benefits Court Order attached hereto, providing for a distribution to Defendant, Frances M. Carothers, from the Thrift Savings Plan of Plaintiff, Foster L. Carothers, pursuant to the Marriage Settlement Agreement executed by the parties on May 23,2006. ~cd -'ldtWWJ m.ll~ FRANCES M. CAROTHERS, Defendant and Alternate Payee FOSTER L. CAROTHERS, Plaintiff and Participant Q!{$ ESQUIRE laintitf and Participant CONSTANCE P. BRUNT, ESQUIRE Attorney for Defendant and Alternate Payee o ~~ N "2}; a'" o (J .-\ \ Cf' :'P'~'" :'---;Wl" -..... ,.~) .11 ~-n en;=:", -0 tT~ -'Ie ,::?!. ~~\ >~~-~ <2\' :\0 ~ C3 u' u:> Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FOSTER L. CAROTHERS, v. : NO. 02-872 CIVIL FRANCES M. CAROTHERS, Defendant : IN DIVORCE SENSITIVE INFORMATION SHEET Participant's Name: Foster L Carothers Address: 11987 Stonewall Road. Shiooensburg. PA 17257 Date of Birth: Januarv 1. 1947 SSN: 160-36-3667 Alternate Payee's Name: Frances M. Carothers Date of Birth: 121 St. Johns Drive. Camp Hill. PA 17011 February 1. 1950 Address: SSN: 178-42-9067 () c ? !~; ,..", <:::I <= c..... o -n :I! m::D r 3[1( -iC_, ~-i": =~ r; ;~(~ r')r:t1 ~ .< o n -I I en ~;= co en 0:> FOSTER L. CAROTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. VS. : NO. 02-872 Civil Term FRANCES M. CAROTHERS, Defendant : CIVIL ACTION-LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: was sent postage pre-paid. in the United States Mail. Hanisburf? Pennsylvania. to Constance Brunt. Esquire~ Counsel for Defendant. on February 21. 2002. the Certificate of Service was filed at the Prothonotary's office in Cumberland County on February 26.2002. 3. (Complete either paragraph (a) or (b)) a) Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by plaintiff August 18. 2006 ; by defendant Seotember 18. 2006 . b) (I) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: (2) Date of filing of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Maniage Settlement Agreement dated May 23. 2006 signed by both parties and a Praecipe to withdraw and discontinued the Plaintiff s claims for alimony pendente lite. counsel fees. cost and expenses and for alimony set forth Counts I and II of Defendant's Answer and Counterclaim was filed on September 25.2006. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to request entry of the divorce decree, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: te defendant's Waiver of Notice was filed wi'h the Prothonotary: = Date: ......, c::::> c;::;l 0"" <:::) CJ -i I 0"\ :p" ::}:!: o -n :-r.,., nlp -\-. nl \}'"r' ~;}S~ '-!? ~;~ ~;, '~ :1:J :< o CJ ~ ~.f}'! ~~~/ '7-'1/-, 9c7 1/ - r7/ ~~~ r ~ /fr..<]~ 4:;; c9 ?rJ. dJl. 0/ '..;'. ., .." ,l''' .t ~ ~ ,,"