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HomeMy WebLinkAbout05-0415IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff Vs. H. EARL E. MAY, M Defendant * NO. OS' - ms's k k k CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY 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 THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, * NO. Plaintiff l • VS. H. EARL E. MAY, JR, Defendant * CIVIL ACTION - LAW IN DIVORCE 1. The Plaintiff is Christina C. May, who currently resides at 4 Chalfont Circle, Hummelstown, Dauphin County, Pennsylvania, 17036. 2. The Defendant is Michael S. Duncan, who currently resides at 303A Salt Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 3, 1997 in Middletown, Pennsylvania. 5. The parties are the parents of two (2) minor children: Eric T. May, born on January 7, 1998 and Vanessa R. May, bom on December 7, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither parry is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division. 9. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (B) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT H - CLAIM FOR EQUUABLF DMSION OF MARITAL PROPERTY UNDER §3502(a) OF THE DIVORCE CODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. COUNT HI - CLAIM FOR ALIMONY PENDENTF LITE, SUPPORT COUNSEL FEES AND EXPENSES 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth in full. 15, By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 18. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay Plaintiff alimony pendeme lite, support, counsel fees, costs and expenses of this action. 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as if set forth in full. 20. Plaintiff lacks sufficient property to provide for her reasonable needs. 21. Plaintiff is unable to sufficiently support herself through appropriate employment. 22. Defendant has sufficient income and assets to provide continuing support and to pay alimony to Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay alimony to Plaintiff. 23. Paragraphs one (1) through twenty-two (22) are incorporated herein by reference as if set forth in full. 24. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 25. Pursuant to §3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. Dated: / /a 0 I ,t Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Bradle . Winnick, Esquire 130 t Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, Christina C. May, verify that the statements made in this Complaint 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. CS. §4904, relating to unworn falsification to authorities. Date: C_ C- - Mcf ? CHRISTINA C. MAY Plaintiff O V T {l VI1- GI' rye.' rc w co (5i iY ? i -?4 ?n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff VS. H. EARL E. MAY, JR, Defendant * NO. 05-415 Civil Term * * CIVIL ACTION - LAW IN DIVORCE * * * * ACCEPTANCE OF SERVICE I, Charles E. Petrie, Esquire, Attorney for the Defendant, accept service of the Complaint in Divorce filed on January 24, 2005. I certify that I am authorized to accept service on behalf of said Defendant, H. Earl E. May, Jr. Date: 11 7e z "- Defendant or Authorized Agent Address City, State, Zip n? - ,:.? -?? c.r? ._i C.:1 '.) ?...? i,. i s-- ' . r i a /Y ?" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff VS. EARL E. MAY, JR, Defendant x NO. 05-415 CIVIL TERM x x CIVIL. ACTION - LAW IN DIVORCE x x x x PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW comes the Petitioner, Christina C. May, Plaintiff in the above-captioned divorce action, by and through her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and respectfully represents the following in support of this Petition for Exclusive Possession of the Marital Residence: 1. Petitioner is Christina C. May (hereinafter "Wife"), an adult individual currently residing at 723 East Main Street, Palmyra, Lebanon County, Pennsylvania. 2. Respondent is Earl E. May, Jr. (hereinafter "Husband"), an adult individual currently residing at 303A Salt Road, Enola, Cumberland County, Pennsylvania. 3. The parties were married on May 3, 1997. 4. The parties are the parents of two (2) minor children: Eric T. May, born on January 7, 1998; and Vanessa R. May, born on December 7, 2001. 5. In approximately February of 2000, during their marriage, the parties purchased the residence located at 303A Salt Road, Enola, Cumberland County, Pennsylvania, and resided there together with their children until their separation in October 2004. 6. Although it is alleged that the marital residence is marital property, as that tern is defined in the Pennsylvania Divorce Code, the deed to said property is in Husband's sole name. In October of 2004, Husband threw all of Wife's clothes into the driveway and ordered her to leave the marital residence. In fear for her safety and in order to avoid further confrontation, Wife complied with Husband's directive and temporarily went to her parents' home in Hummelstown. 8. Approximately one (1) week later, after allowing for some time for tensions to ease, Wife attempted to return to her home but was refused entry by Husband. 9. On January 9, 2005, Wife once again, accompanied by her mother, Myrna Hoke, attempted to return to her home. Husband called the police and reported that Wife was trespassing. The police ordered Wife to leave the premises since she was not legal owner of the property. 10. Wife submits that Husband unlawfully forced her to vacate the marital residence and has continued to exploit the fact that the property is deeded solely to him to deny Wife access to her home. 11. On January 24, 2005, Wife filed a Complaint in Divorce at the above-captioned docket, including a count for the Equitable Distribution of Marital Property. 12. On March 1, 2005, an Order of Court was issued at No. 04-5353 of This Honorable Court, awarding Mother primary physical custody of both children. The Order was based upon the agreement of the parties and stipulated that the oldest child would complete the 2004-2005 in the East Pennsboro School District where the marital residence is located but would attend school in the district of Wife's residence for the 2005-2006 school year. 13. Wife was recently notified that the mortgage on the marital residence was in default and that Irwin Mortgage intended to pursue an action in foreclosure. Apparently Husband failed to make any payments on the mortgage for a period of three (3) to four (4) months. 14. In order to preserve the marital residence and the equity therein, Wife made the necessary lump sum payment to bring the mortgage current. 15. In light of Husband's actions in forcibly removing her from her home and refusing her access, Husband's failure to pay the mortgage, Wife's payment of the deficiency and the fact that granting Wife possession of the marital residence would allow the oldest child to remain in the East Pennsboro School District, Wife respectfully suggests that This Honorable Court should exercise its broad equitable authority to award exclusive possession of the marital residence to her. WHEREFORE, Petitioner respectfully requests This Honorable Court to award her exclusive possession of the marital residence located at 303A Salt Road, Enola, Cumberland County, Pennsylvania. Respectfully submitted, WILEY, LENOXX, COLGAN & MARZZACCO By: by Bradl Winnick, Esquire #7841 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: (o // V ko I, Christina. C. May, verify that the statements made in this document 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. CS. §4904, relating to unsworn falsification to authorities. Date: t C- CHRISTINA C. MAY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff VS. EARL E. MAY, JR, Defendant x NO. 05-415 CIVIL TERM x x x CIVIL ACTION - LAW IN DIVORCE x x x x I hereby certify that I caused a true and correct copy of the within Petition for Exclusive Possession of the Marital Residence to be served upon the following by depositing same in first class United States Mail, postage prepaid, addressed as follows: Earl E. May, Jr. 303A Salt Road Enola, PA 17025 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 By: L? Bradi . Winnick, Esquire Dated: Ij I I N 1 O? C? N ?-' ?-? -ry G_. a_r+ ? .: _ t.-- t .. -rl ?? C ltl i_. r' ;,;. i ..;? 3-1-tii ?. 7 4` . -e, ? G RECEIVED JUN 16 20053' IN THE COURT OF COMMON ]PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff vs. EARL E. MAY, JR, Defendant * NO. 05-415 CIVIL TERM x • CIVIL ACTION - LAW IN DIVORCE ¦ RULE TO SHOW CAUSE AND NOW, this j o day of ?T to L. 200:5, a rule is hereby issued upon the Defendant, Earl E. May, Jr., to show cause, if any, why Plaintiff's Petition for Exclusive Possession of the Marital Residence should not be granted. Rule returnable o?O days from service thereof. DISTRIBUTION: v8radley A. Winnick, Esq -,6harles E. Petrie, Esq. ,,,Yarl E. May, Jr. J 130 W. Church Street, Dillsburg, PA 17019 3528 Brisban Street, Harrisburg, PA 17111 303A Salt Road, Enola, PA 17025 JDI DIP , BY THE COURT: a+ r ? ti? '.' 3 Y c2_ ? ? 4? N y c -w ?. CHRISTINIA C. MAY, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 05-415 CIVIL TERM * EARL E. MAY, JR., * CIVIL ACTION -LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, Secretary to Bradley A. Winnick, Esquire, hereby certify that on June 23, 2005, I served a copy of the Rule to Show Cause dated June 20, 2005 upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Counsel for Plaintiff, Earl E. May, Jr. Earl E. May, Jr. 303A Salt Road Enola, PA 17025 WILEY, LENOX, COLGAN & MARZZACCO, P.C. m?,. • \ Date: Jr By: anack Je ette L. Roberts c? ? o T 7 Yom( Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, NO. 05-415 CIVIL TERM Plaintiff VS. CIVIL ACTION - LAW IN DIVORCE EARL E. MAY, JR, Defendant PETITION TO MAKE RULE ABSOLUTE AND NOW, this 14th day of July, 2005, comes the Petitioner, Christina C. May, Plaintiily by and through her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition to Make Rule Absolute, respectfully averring as follows: Petitioner is Christina C. May, an adult individual residing at 723 East Main Street, Palmyra, Lebanon County, Pennsylvania. 2. Respondent is Earl E. May, Jr., an adult individual residing at 303A Salt Road, Enola, Cumberland County, Pennsylvania. On June 15, 2005, Petitioner filed a Petition for Exclusive Possession of the Marital Residence in This Honorable Court. 4. A copy of said petition was served upon Respondent as well as his counsel of record, Charles E. Petrie, Esquire, who had entered his appearance by signing an Acceptance of Service of the Complaint in Divorce on January 28, 2005. Although Attorney Petrie has not sought or been granted leave to withdraw as counsel for Respondent, he did inform the undersigned that he was no longer representing Respondent. For this reason, the undersigned chose to serve Attorney Petrie and Respondent. 5. On June 20, 2005, The Honorable Wesley Oler, Jr. issued a Rule to Show Cause upon Respondent returnable twenty (20) days from service thereof. 6. On June 23, 2005, the undersigned once again served both Attorney Petrie and Respondent with the Rule to Show Cause. A Certificate of Service was filed on July 12, 2005. 7. The twenty (20) day period for Respondent to show cause expired on July 13, 2005, and Respondent has failed to file an Answer to the Petition for Exclusive Possession of the Marital Residence. WHEREFORE, Petitioner respectfully requests This Honorable Court to make the previously issued rule absolute and to grant the request for relief in her Petition for Exclusive Possession of the Marital Residence. Respectfiilly submitted, WILEY, LEN/OX, COLGAN & MARZZACCO By: Bradt Al Winnick, Esquire ID # 3 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: July 14, 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff Vs. EARL E. MAY, JR, Defendant NO. 05-415 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE • CERTIFICATE OF SERDAM I hereby certify that I caused a true and correct copy of the within Petition to Make Rule Absolute to be served upon the following by depositing same in first class United States Mail, postage prepaid, addressed as follows: Earl E. May, Jr. 303A Salt Road Enola, PA 17025 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 By: (y Bradl F . Winnick, Esquire Dated: July 14, 2005 ?? ? ? c. ?' - 4.. -r ? ? ? ?,? ?- , ' ?' ?' r'" -r -„ ?= ;n y z _ N i W .< .... N RECEIVED JUL 15 2005 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff VS. EARL E. MAY, M Defendant ' NO. 05-415 CIVIL TERM k CIVIL ACTION - LAW IN DIVORCE n x ORDER OF COURT AND NOW, this i j kday of 2005, after review of Plaintiffs Petition for Exclusive Possession of the Marital Residence, and upon failure of Defendant to respond thereto, IT IS HEREBY ORDERED AND DECREED THAT the rule issued by This Court on June 20, 2005, is made absolute, that Plairag Christina C. May, is awarded exclusive possession of the marital residence located at 303A Salt Road, Enola, Cumberland County, Pennsylvania, and that the Defendant, Earl E. May, Jr., shall immediately vacate said premises until further Order of Court. DISTRIBUTION: Bradley A. Wimrick, Esquire 130 W. Church Street, Dillsburg, PA 17019 Charles E. Petrie, Esquire 3528 Brisban Street, Harrisburg, PA 17111 Earl E. May, Jr. 303A Salt Road, Enola, PA 17025 BY THE COURT: ¢?. N LLJ ?? (L a LLI -y a C:_ p N U • Os- q/ s MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 12-4"', day of Owk'D 6 c-+r , 2007, by and between CHRISTINA C. MAY, of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and H. EARL E. MAY, 3R., of Hummelstown, Dauphin, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on May 3, 1997 in Middletown, Dauphin County, Pennsylvania; WHEREAS, HUSBAND and WIFE have two (2) minor children: Eric T. May, born on January 7. 1998 and Vanessa R. May, born on December 7, 2001; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property Fight,,; 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 cohabitate 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. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) 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; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit 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. Otherwise, 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 DATES: 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 effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 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 and 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: HUSBAND has been represented by Thomas M. Clark, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. WIFE has been represented by Wayne F. Shade, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. The parties acknowledge that 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 harmless 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 harmless 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: The parties have divided between them, to their mutual satisfaction, all other 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 MARITAL RESIDENCE: The parties jointly own the marital residence situate at 303A Salt Road, Enola, Cumberland County, Pennsylvania, 17025. WIFE shall retain sole and exclusive ownership and possession of said residence. WIFE is to refinance the mortgage, currently in HUSBAND's name, into her own name. If this has not already been accomplished at the time this Agreement is made effective, it is agreed that WIFE shall successfully refinance so to remove HUSBAND from the mortgage within one (1) year of the effective date of this Agreement. WIFE shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments thereupon. HUSBAND specifically waives his right to claim any equity which may exist in this property in consideration of the various covenants and promises made herein. WIFE's counsel shall prepare a deed of conveyance from HUSBAND transferring all his right, title and interest in the marital residence to WIFE, to be held in escrow by counsel for HUSBAND pending the refinance or assumption of the mortgage by WIFE. 13. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. MOTOR VEHICLES: The parties agree to divide the motor vehicles as follows: HUSBAND shall retain sole and exclusive possession of the 2001 Pontiac Grand Am. WIFE shall retain sole and exclusive possession of the vehicle currently in her possession. Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each parry agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 15. DEBT: The parties accumulated debt during their marriage which they intend to equitably divide between them. HUSBAND shall be responsible for all debts presently in his name and WIFE shall be responsible for all debts presently in her name. Each party shall be responsible for and shall fully assume the balances on the debts distributed to him or her pursuant to this Paragraph and shall indemnify and hold the other party harmless against any liability resulting from failure to make payments as prescribed herein. 16. PENSIONS / RETIREMENT ACCOUNTS: HUSBAND is the owner of a Pension Plan through Iron Workers Local 404 (Mas Mutual Financial Group). It is agreed that WIFE shall retain sole and exclusive ownership of this account, and that HUSBAND hereby waives any right, claim or interest she may have therein. Specifically, HUSBAND waives any right to future interest in this pension. Additionally, HUSBAND will cooperate in signing any and all documentation required by the employer to effectuate the transfer. The transfer will be accomplished pursuant to a Qualified Domestic Relations Order to be prepared by Counsel for Wife. 17. LIFE INSURANCE: Each party agrees that WIFE shall retain the Primerica Life Insurance Policy in her name and HUSBAND hereby waives any right, claim or interest he may have therein. Each party shall retain sole ownership of any other life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 18. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 19. WAIVER OF ALIMONY: 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. 20. AFTER-ACQUIRED 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 all respects and for all purposes as though he or she were unmarried. 21. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2007. 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. 22. 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 former 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. 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. Reasonable legal fees shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgement or decree in connection with this Agreement. Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. 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 of the 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. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 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 year Est abo wri n. INA C. MAY H. EARL E. MAY, JR. Thomas M. Clark, Esquire Witness cr, C ! f ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff * VS. * H. EARL E. MAY, JR, Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on January 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. The parties have lived separate and apart since October 2003. 4. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 5. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. NO. 05-415 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. H Date H. EARL E. MAY, JR Defendant n T-?3 c? ?. N '. rTy ' " ?. ^ r-n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff VS. H. EARL E. MAY, JR, _ Defendant NO. 05-415 CIVIL TERM 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 1. 1 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 1 do not claim them before a divorce is granted. 3. 1 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. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date H. EARL E. MAY, JR Defendant c) rv ? C r, 71 .. 9 `m A tjo -< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff Vs. K EARL E. MAY, A ? Defendant NO. 05415 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on January 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. The parties have lived separate and apart since October 2003. 4. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 5. 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. (g- r-d 9 Date CHRISTINA C. MAY Plaintiff C .?`?, r''' C.,, ?? ie:;i ;! h? '_ ?.a..ti ?'l ? ,?- .?..: t__. ?) ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff * VS. * * H. EARL E. MAY, JR, Defendant NO. 05415 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE W&IVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date CHRISTINA C. MAY Plaintiff ? ns m f-- ??: u© ?? ,_ a?} .? ?? rv cn •' f .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA C. MAY, Plaintiff VS. H. EARL E. MAY, JR, Defendant * NO. 05-415 CIVIL TERM * 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Defendant's Counsel Acceptance Service of the Complaint on January 28, 2005, said Acceptance of Service was filed with this Honorable Court on February 3, 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. June 1. 2008 ; By Defendant: November 15, 2007. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated October 12, 2007 and filed with this Honorable Court on October 16, 2007. 1i I 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 9, 2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 29, 2007. Respectfully submitted, CO7 Thoma,s ZACCO LLC By: M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: G /0 8' G N Cf d -0 L?:i rss C. ..? as ,..; '^(y 1. 'spy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTINA C. MAY, Plaintiff No. 2005-415 CIVIL TERM II VERSUS Defendant DECREE IN DIVORCE H. EARL E. MAY, JR AND NOW, IT IS ORDERED AND DECREED THAT CHRISTINA C. MAY , PLAINTIFF, AND H. EARL E. MAY, JR. 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; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated October 12, 2007 are hereby incorporated but not merged in the Decree of Divorce and remain binding upon the parties. .K&e, BY THE COURT: ATT J. PROTHONOTARY 5a- Ll -7 yk7V , - Z!-