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Home My WebLink About05-2213 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06 -;l~ J3 HARRY J. BAKER, v. CIVIL ACTION - LAW SUSAN J. BAKER, DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fort in the following pages, you must take prompt action. You are warned that if you fail to d so, the case may proceed without you and a decree of divorce or annulment may be entere against you by the court. A judgment may also be entered against you for any other claim r relief requested in these papers by the Plaintiff. You may lose money or property or oth r rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marri ge, you may request marriage counseling. A list of marriage counselors is available in the ffice of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY J. BAKER, NO. 05. oi'J. fj Pla1nt1ff V. CIVIL ACTION- LAW SUSAN J. BAKER, DIVORCE Defendant COMPLAINT Pla1nt1ff, HARRY J. BAKER, by h1s attorney, D1ane G. RadcUff, Esqu1re, fHes th1s Co pla1nt 1n D1vorce of wh1ch the following lS a statement: COUNT I DIVORCE 1. The Pla1ntiff lS Harry J. Baker, an adult ind1v1dual who current maH1ng ad ress lS P.O. Box 961, Mechan1csburg, Cumberland County, Pennsylvania, slnce M rch 15, 2005. 2. The Defendant lS Susan J. Baker, an adult 1nd1v1dual residing at 761 R1dgel n Dr1ve, Dallastown, York County, Pennsylvan1a, slnce 1994. 3. Pla1nt1ff and Defendant have been bona f1de res1dents in the Commonweal h for at least SlX (6) months prev10us to the flUng of th1s Compla1nt. 4. Pla1nt1ff and Defendant were marr1ed on January 5, 1992 at Lebanon, ebanon County, Pennsylvan1a. 5. There have been no pr10r act10ns of divorce or annulment between the p rt1es. 6. Pla1ntlff has been adv1sed that counseUng lS avaHable and that Pla1nt1ff may have the r1ght to request that the Court require the part1es to part1cipate in couns Ung. 7. Defendant lS not a member of the Armed Services of the United States or ny of its Allies. -2- - 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301 (c) Mutual Consent No-Fault: The marriage is broken; B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrievably roken and the parties are now living separate and apart. Once the partie have lived separate and apart for a period of two years, Plaintiff will sub it an Affidavit alleging that the parties have lived separate and apart for least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in d'vorce, divorcing the Plaintiff and Defendant. Respectfully submitted, ,-~\ plANr&. Do..!~ ESQUIRE '" 3448 Trin e Roa~ . Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -3- - VERIFICATION HARRY J. BAKER verifies that the statements made in this Complaint are tr e and correct. HARRY J. BAKER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authoritie . HARRY J. BAKER Date: l(. 2 y. 0) -5- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ItlARRY J. BAKER, Plaintiff NO. 05-2213 v. CIVIL ACTION - LAW ~USAN J. BAKER, DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that on May 2, 2005, I served a true and correct copy of the ~omplaint in Divorce upon Susan J. Baker, the Defendant, by Certified Mail, Restricted I peliVery, addressed as follows: Susan J. Baker 761 Ridgelyn Drive Dallastown, P A 17313 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing s attached hereto as Exhibit "An and made a part hereof. / tA.NCG. IQ\......, DCLI ESQUIRE 448 Trindl,e Road_~ ampHi1r; PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff " 'co . Complete ~ems 1, .2, and 3. Also complete Item 4 if Restricted Delivery Is desired. . Print your name and address on the reVerse so that we can retum the card to you. . Attach this card tolhe back of the malipiece, or on the front If space pennils. s::~,~,~ '1~I~W Dr. ~~W" Pr 11-313 2.~~_aoIJoI) '7cPB'3Ytm (')Qb3 '7104 '71c73 1'& f.QmI 3811, F!!I1IuiW.2004 DomeoIlc Return ~ Yes DNa 3,\~rvice Type )!l CertIfied Mail 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extta Fee) Yes 102595-02.M-1540 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD ~ () c.::) -n ~~ -;-;:. ~ -':.. , U' -<:J :::;;;:. - (.y'\ ...-- - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY J. BAKER, Plaintiff NO. 05-2213 CIVIL ACTION - LAW DIVORCE v. SUSAN J. BAKER, Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 29, 2005, 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 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. Dated: AUl!.ust 3. 2005 v~ 9.l:~;;;F ", co' c;.:;. CJ' o -n --' :rl>' c: C";") c:c' -..l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY J. BAKER, Plaintiff NO. 05-2213 CIVIL ACTION - LAW DIVORCE v. SUSAN J. BAKER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 29, 2005. 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 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. Dated:~ SUSA"~~K((.~~ (J ( "" r::::::J ~ 1":";'1 E:~: >.~-) I U"1 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL.VANIA HARRY J. BAKER, Plaintiff NO. 05-2213 CIVIL ACTION - LAW DIVORCE v. SUSAN J. BAKER, Defendant WAIVER 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 in divorce without notice. 2. I understand that I may lose rights concerning alimon~', 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 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities. Dated:~ & ~' SUSAN J. B~~NT p ('-." = (;~, ;.;.s-l , ('}i N - '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL.VANIA HARRY J. BAKER, Plaintiff : NO, 05-2213 v : CIVil ACTION - LAW SUSAN J. BAKER, : DIVORCE Defendant MARITAL AGREEMENT BETWEEN HARRY J. BAKER AND SUSAN J. BAKER . . TABLE OF CONTENTS INTRODUCTION................................................................ 1 SECTION I General Provisions............................................................. 1 SECTION II Distribution of Property and Debts........................................... 6 SECTION III Counsel Fees, Support, Alimony, ............................................. 12 SECTION IV Closing Provisions and Execution............................................ 12 NOTARy.......................................................................... 14 INTRODUCTION ,#) THIS AGREEMENT made this ~ (fay of .r~ BAKER, ("Wife") of 761 Ridgelyn Drive, Dallastown, ("Husband") of P.O. Box 961, Mechanicsburg, PA 17055, , 2005, by and between SUSAN J. PA. 17313, and HARRY J. BAKER, WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on January 5, 1991 in Lebanon County, Pennsylvania, and were separated on March 31, 2005. WHEREAS, there were no children born of the parties' marriage. 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 hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all mattlers between them relating to the ownership and equitable distribution of real and personal property; the 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 one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1,02. DIVORCE DECREE, The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above - I - captioned divorce action, Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Husband's's attorney their respective Affidavits of Consent and Waivers of Notice, Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband, and Thomas D. O'Shea, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsE'l of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept 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 inflluence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. - 2 - 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS, Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at th"is time or owned as of the date of separation; (2) to have all such property valued by mE'ans of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement, Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY, 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 declare this Agreement to be null and void and 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 determinatlion the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Allainst ProDertv or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Convevances: The right to treat a lif,etime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; c. Marital Rillhts: Any rights which either party may have or at any time hereafter - 3 - have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, D. Breach Exceotion: The foregoing shall not apply to 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 the intention of Husband and Wife to give to 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 provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waivE~r of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS, This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective Iheirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. 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. 1.14. BREACH, If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S,A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. - 4- B. DamalZes: The right to damages arising out of breach of the terms of this Agreement, which damages shall include neimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity, D. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall. be based on consideration of (1) the hourly rate charged; (2) the services rend1ered; and (3) the necessity of the services rendered, Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 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 arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof, B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. 2004 Refund: The refund to be or previously received from the filing of a joint federal income tax return for the calendar year 2004 shall be applied towards the reduction of satisfaction of Wife's credit card debts and other obligations as Wife - 5 - may direct. D. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time, 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY, ThE~ parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, 2.02. DISTRIBUTION OF PROPERTY AND DEBTS TO Wife. The following marital assets and debts are and shall be distributed to Wife as her sole! and separate property and/or as her sole and separate liability and obligation: A. Wife's Personal Prooertv: All items of personal property in the possession of Wife, not otherwise distributed herein. See Paragraph 2.03,A, for items in Wife's possession to be received by Husband, B. Wife's Vehicle(s)and Vehicle Loan(s): The 2003 Ford Explorer, or the sale proceeds from the sale or trade in value there'of, and the vehicle loans owed to Ford Motor Credit for the purchase of said vehicle. C. Wife's Accounts: The funds previously received by Wife from the joint Members 1st account, - 6 - D. Wife's Investments: There are no investments subject to distribution. E. Wife's Life Insurance: There are no life insurance policies subject to distribution. F. Wife's Retirement Plans: Wife's Fidelity 401 K and any other retirement plan in Wife's name or held for Wife's benefit. G. Real Estate: The jointly owned real estate known and numbered as 761 Ridgelyn Drive, Dallastown, PA 17313, ("the Real Estate!"), encumbered with a mortgage owed to Washington Mutual Mortgage, and a home equity loan to PNC Bank, ("the Mortgages") subject to the following: A. Convevance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate, The deed of conveyance therefor shall be executed by at the signing of this Agreement and held in escrow by Husband's attorney pending the refinance/assumption or the Mortgages at which time the deed shall be delivered to Wife's attorney for recording, B. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgages, real estate taxes and any other municipal liens. Wife shalll hereinafter be solely responsible for the payment of the Mortgages, real estate taxes, other municipal liens and any and all other expenses associatl~d with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. C. Refinance: Wife shall apply for refinancing/assumption of the Mortgages within thirty (30) days of the date of this Agreement and shall complete that refinancing/assumption within sixty (60) days of the date of this Agreement so as to release Husband from further liability thereunder. The costs of refinancing/assumption shall be paid by Wife, D. Sale: In the event Wife has not obtained the refinancing/assumption by October 1, 2005, she will list, market and sell the home and all proceeds will be paid to her as Wife's sole and separate property, H. Monetary Pavment to Wife: A monetary payment in the amount of $34,500 to be paid by Husband to Wife in accordance with the provisions of paragraph 2,03.H. - 7 - I. Monetary Payment to Husband: There is no monetary payment to be paid by Wife to Husband, J. Business: There is no business, nor business assets being distributed to Wife. K. Wife's Debts: Wife shall be solely liable for and shall timely pay the following debts: A. Any credit cards, loans, debts and liabHities incurred in Wife's individual name. 2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. The following marital assets and debts are and shall be distributed to Husband as his sole and separate property and/or as his sole and separate liability and obligation: A. Husband's Personal Prooertv: All items of personal property in the possession of Husband, not otherwise distributed herein and the following items in Wife's possession to be transferred to Husband in accordance with the provisions of paragraph 2.04,0: A, Oak roll top desk in living room; B. Small walnut desk in spare room; C. Cedar chest in Master bedroom; D. Antique rocking chair in Master bedroom; E. Oak chiffarobe in Master bedroom; F. Oak 15 drawer architects case and contents in computer room; G. Brass trolley lamp on top of oak roll top desk; H. All picture framing equipment and inventory; I. All personal tools mechanic and woodworking air compressor; J. All GTO parts; K. Maple bed and desk in attic; L. Collection of Life magazines except Roy Rogers issue; M. Music CDS of Bob Dylan, Neil Young and 12 others; N. Misc papers located on shelves in family room computer room spare bedroom and basement; O. Childhood and personal related items in boxes in basement and closets. - 8 - B. Husband's Vehiclels)and Vehicle Loanls): The 2002 Ford Windstar and Husband's premarital 1965 Pontiac GTO, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of said vehicles, including, but not limited to Members 1st loan for the Ford Windstar. C. Husband's Accounts: Husband's Members 1st business account and the funds previously received by Husband from the joint Members 1st account, D. Husband's Investments: There are no investments subject to distribution. E. Husband's Life Insurance: There are no life insurance policies subject to distribution. F. Husband's Retirement Plans: Husband's CSRS retirement, Husband's military retirement, and Husband's TSP, G. Real Estate: There is no real estate being distributed to Husband. H. Monetary Payment to Wife: A monetary payment from Husband to Wife in the amount of $34,500 payable as follows: 1. Husband shall pay Wife $1,000 per month from July 2005 through April 2007, a period of 22 months for a total of $22,000; 2. Husband shall pay Wife $500 per month from May 2007 through May 2009, a period of 25 months for a total of $12,.500. 3. If Husband should die before paying WifE! the entire $34,500.00, his estate shall pay Wife the unpaid remaining balance. I. Monetary Payment to Husband: There is no monetary payment to be paid to Husband, J. Business: Husband's framing business known as Cricket's Corner Custom Framing, and the inventory and other assets thereof, Husband shall not be permitted to use the name "Cricket" in the business and within thirty (30) days of the date of this agreement shall change the business name so as to comply with the provisions of this paragraph. K. Husband's Debts: Husband shall be solely liable for and shall timely pay the following debts: - 9 - 1. The joint Members 1st PSL having an aplProximate balance of $5,837, and the joint Members 1 st Signature Loan having an approximate balance of $4,398 to be refinanced into Husband's sole name in accordance with the provisions of paragraph 2.04.M, 2. Any credit cards, loans, debts and l.iabilities incurred in Husband's individual name, 2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The foll<)wing miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Eauitable Distribution of Prooertv: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party, C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personaltv Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession 110 later than thirty (30) days from the date of this Agreement. E. Waiver: Each of the parties specifically waive's, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the - 10- terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt: or the prior payment thereof is specifically referenced in this Paragraph, saidl payment having been taken into consideration in determining the distribution ()f marital assets and debts herein provided, H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification, I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same, J. Non-Disclosed Liabilitv: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable, K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability, L. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. M. Refinance: In the event a party is assuming a liability for which the parties are - 11 - jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALlMON'( 3.01. WAIVER OF COUNSEL FEES. The parties hereto agn~e and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT, The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. HEALTH INSURANCE. The following shall apply regarding health insurance: A. Health Insurance for Soouse: Any party carrying health insurance on the other party shall continue to provide health insurancl~ coverage on the other party until the date of the entry of the Divorce Decree, at which time said heath insurance coverage shall terminate, Husband shall pay Wife $200 per month for Wife to provide heath insurance coverage for Husband through her employment until the divorce decree is granted. Husband has paid for this insurance coverage through July 2005. The party for whom that health insurance is provided shall be entitled to elect "Cobra" coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor, B. Health Insurance Documentation: Any party having the insurance coverage on the other party pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. - 12- SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be I.egally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: dP~cY~ W-ffi HARRY J. BAKER Date: 'tIll/oS (SEAL) ~) ..-- \b ,@a~ SUSAN J. B-*1R '71(s-/o~ (SEAL) Date: - 13- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the -1..i!day of , 2005, before me the undersigned officer, personally appeared, HARRY J. BAKER, kno n to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. c~ NOTA UB~ M Co ission Expires: COMMONWEALTH Of PENNSYLVANIA Notanal Seal bI' 'ff No1aIY PU Ie Oial~e G. Raddl . d eoun" '. cumberlan '1 Camp HIli Bore. . Jan 11 2008 My Co~T1 ~)(:~:(j3h~n ~f Notaries Member, Pennsy\varw::l I COMMONWEALTH OF PENNSYLVANIA SS, COUNTY OF YORK -4.L- On this the \~ dayof.l:'. 0 ~ ,2005, before me the undersigned officer, personally appeared, SUSAN J, BAKER, kn wn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunt set my hand and notarial seal. No~ NOTARY PUBLIC My Commission Expires: NWEALTH OF PENNSVl~AN1A Notarial 5..1 Kathleen A. Herman, NO!BtY Public City of Yorl<, York County My Commission Expi.... Aug. 12,2006 Member. Penn"lhlllnla Aseocletlon of NOlartes - 14- (') c. ,;: -oO~ "".(1'1 z~ V:'>l' ~~::: :Jo:() :Z~- ( 1 ~C:: z 3 ~ ~ ~ en I oJ;) ~ f.?, ~\ "'l-r ~=H ",,5 ::: ~fT'\ .. """" - ~ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY J. BAKER, Plaintiff NO. 05.2213 CIVIL ACTION. LAW DIVORCE v. SUSAN J. BAKER, Defendant PRAECIPE OF 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 Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filin~ of Complaint: April 29, 2005 b. Manner of service of Complaint: Certified Mail, Restricted Delivery c. Date of Service of Complaint: May 2, 2005 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: August 3, 2005 b. Defendant: August 2, 2005 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: Nt A b. Date of Filin~: Nt A c. Date of Service: Nt A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated July 15, 2005, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION Tel FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301 (D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: Nt A b. Manner of Service: Nt A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: August 4, 2005 b. Defendant's Waiver: August 5, 2005 {- g ~ ~ ~ ~ ~':!l~ "'t:)f,n ~ ~~;. ~ !, \~ ~ %t}, ~O -:;::. :::-\ y~ ~ ~ - 'f.+:f. 'f. +:+::+::+::f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'Cf:+:;f :+:'f.:f.'f. . .. :f.:+::+::+::+::+:'f.'f.:+::+::+::+::+:++:+::+::+::+:+:+:+'f.+++:+:+++:+::+:+++++++:+:+++++++++:+:+:+:+:+:+++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + + . + + + . + + + + + + + + + + + + + + + + + + + + + + + +:+::+:'f.'f.+:+:++:+:+:+:++++++++:+:+:+:+:+:+++:+:++++++:+:+++:+:++++++++++++++++~ .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF HARRY J. BAKER, Plaintiff No. 05-2213 CIVIL TERM VERSUS SUSAN J. BAKER, Defendant DECREE IN DIVORCE Now,A~16 ,2005 AND , IT IS ORDERED AND BAKER HARRY J. , PLAINTIFF, DECREED THAT BAKER SUSAN J. , DEFENDANT, AND 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; No issues are outstanding. All issues have been resolved and settled by Marital Agreement dated July 15/ into, but not merged with/ this 2005, the Partles' an " / ,/" ATT"'~~~"OT"O"OTA"~ . :+::f.+'f.'f.:+::+: -;/fJ1 f ~ ~~ yye.~ ~p g ~ "-0./'9 .51JY('f, , ,'., . #..." -('., . '\, .' ELIZABETH A. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2213 CI\1IL TERM THOMAS J. WALKER, JR., Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, comes Plaintiff, Elizabeth A. Walker, by and through her attorney, Maria P. Cognetti, Esquire, and Defendant, Thomas J. Walker, Jr., by and through his attorney, Debra D. Cantor, Esquire, and hereby enter the following Stipulation for Exclusive Possession ofthe Marital Residence as follows: 1. Plaintiff is Elizabeth A. Walker (hereinafter "Wife:"), an adult individual currently residing at 20 Wineberry Drive, Mechanicsburg, Cumb(:rland County, Pennsylvania. 2. Defendant is Thomas J. Walker, Jr. (hereinafter "Husband"), an adult individual currently residing at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two minor children, namely: Brianna Walker, age 11, born September 9,1993; and Amy Walker, age 10, born March 24, 1995. 4. Wife filed a Complaint in Divorce on May 17, 2004 to the above term and number. 5. The parties are owners, as tenants by the entireties, ofthe real estate situated at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania (" the Marital Residence"). The parties have lived at the Marital Residence with their children since 1996. 6. The provisions of this Stipulation and their legal effects have been fully explained to the parties by their respective counsel. Each party acknowledges that they have received independent legal advice from counsel of his or her sel<:ction, and, as to the terms of this Stipulation, that each fully understands the facts relative thereto and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Stipulation, is under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice from counsel. The parties further acknowledge that the execution of this Stipulation 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. 7. Husband and Wife agree that the premises known as 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania which is currently deeded to Husband and Wife by the entireties and is encumbered by a mortgage in joint names, shall become the sole and exclusive property of Wife. Wife shall retain possession ofthe premises, and Husband shall transfer, to Wife, title to the property by Quit Claim Deed upon Wife's payment to Husband ofthe sum of SIXTY FIVE THOUSAND and 00/100 ($65,000.00) Dollars upon the expiration of the three (3) day Right of Recision following the refinancing. Wife shall refinance the mortgage on the property and make said payment within sixty (60) days ofthe execution of this Agreement. 8. Husband agrees that he shall remove himself from the Marital Residence within sixty (60) days of the execution of this Agreement. Wife agrees that she shall allow Husband an additional ten (10) days to remove himself from the Marital Residence ifhe so 2 requests. 9. This Stipulation is intended to deal solely and exclusively with Husband's transfer of the marital residence to Wife. This Agreement is not intended to deal in any manner or fashion with any other marital asset. The parties acknowledge and agree that other marital assets exist which are subject to Equitable Distribution. Specifically, this Stipulation in no way divides or distributes any of Husband's or Wife's premarital property, nor any marital asset subject to Equitable Distribution. It is understood and agreed that this Agreement is preliminary in nature and will be incorporated into a final Property Settlement Agreement at the time of final resolution of all economic issues. The execution of this agreement is not intended to bar entry of a final Property Settlement Agreement by the parties at a future date. 10. The parties agree that this partial distribution of marital assets shall not, in any way, prejudice either party with regard to final distribution ofthe marital estate. The parties agree that the exact value of the Marital Residence is not presently known. Upon a final resolution of all economic issues the parties will determine wheth,er Wife owes Husband an additional payment or if Husband should repay a portion of the distribution to Wife. If Wife owes Husband an additional payment she shall make said payment in cash. rfHusband owes Wife a repayment, said repayment shall come in the form of a credit toward another asset subject to Equitable Distribution. 11. Husband and Wife further agree that they shall maintain and preserve all personal assets, both premarital and marital, for future distribution between the parties. 12. In all other respects, Husband and Wife retain any and all remaining rights to 3 Equitable Distribution of assets to which they may be entitled, and which arise out ofthe instant litigation, referenced herein. 13. The parties agree that they shall share legal and physical custody oftheir children with the exact schedule to be determined within ten (10) days. The parties shall resolve all issues with regard to custody and execute a custody stipulation within ten (10) days. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. E~r. UJCUh-,( Plaintiff ;;z/~.i,MIa~r Defendant 4 --'.c": (') c -.... .:~ '" = <7:::> c.n """' (:;;") ...... I -.J o " ::-' _.E ..,., n1-'- /-. }Jd ,.'\ I .:~~f~ ;:~ C) c5'rl ~:-j 55 -< -u ~. _.oJ. r;..' N Q')