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HomeMy WebLinkAbout05-2277 . LORRIE J. SIMMONEAU PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2277 CIVIL ACTION LAW BRIAN T. SIMMONEAU DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 10, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 13, 2005 at 2:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entty of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Isl Tacqueline M. Vemev, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I3 Telephone (717) 249-3166 II Lorrie J. Simmoneau Plaintiff v. : IN THE COURT OF COMMON PEAS OF i CUMBERLAND COUNTY, PENN YLVANIA : NO. 05- .2,). i1 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY Brian 1. Simmoneau Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that if ou fail to do so, the case will proceed without you and a decree in divorce or annulme t may be entered against you for any other claim or relief requested in these papers b the Plaintiff. You may lose money or property or other rights important to you, in luding custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdo n of the marriage, you may request marriage counseling. A list of marriage counselo s is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARl AL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS RANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO E THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG L HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 II I' Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON LEAS OF i CUMBERLAND COUNTY, PEN SYLVANIA i NO. 05:.-<~ 17 CIVIL TERM : CIVIL ACTION - LAW i IN DIVORCE AND CUSTODY v. Brian 1. Simmoneau Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Lorrie J. Simmoneau, an adult individual, currentl residing at 115 Furman Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant is Brian T. Simmoneau, an adult individual, current y residing at 5260 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvani 17050. 3. Plaintiff and Defendant are bonafide residents of the Com onwealth of Pennsylvania and have been so for at least six months immediately previou to the filing of this complaint 4. Plaintiff and Defendant were married on July 4, 1987 in rk County, Pennsylvania. 5. There have been no prior actions for divorce or annulment etween the parties. 6. The Defendant is not a member of the Armed Forces of the U ited States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseli g and the right to request that the Court require the parties to participate in counselin . Knowing this, the Plaintiff does not desire that the Court require the parties to p rticipate in counseling. 8. Plaintiff and Defendant are citizens of the United States of Ame ica. 9. The parties have lived separate and apart since January 6, 2005 and continue to live separate and apart as of the date of this Complaint 10. There are two minor children born of this marriage; Dustin A. mmoneau born November 30,1888 and Rusty J. Simmoneau, born May 9, 1994. II I' 11. The Plaintiff is the natural mother of the minor children; the Defendant is the natural father of the minor children. 12. It is believed and therefore it is averred that the issues of cu tody may be resolved through stipulation between the parties which shall be submitted to the Court for an Order affirming that stipulation; therefore, there is no need for a con iliator in this matter. 13. Plaintiff desires a divorce based upon the belief that Defend nt will, after ninety days from the date of the filing of this Complaint, consent to this divo ceo WHEREFORE, Plaintiff requests your Honorable Court to enter decree In divorce. COUNT II 14. Paragraphs 1 through 13 are incorporated herein as if fully set forth. 15. During the course of the marriage, the parties have acquire numerous items of property, both real and personal, which are held in joint names and in individual names of the parties hereto: Debts have also been incurred relative to both parties and in joint names and in individual names of the parties hereto. 16. The Plaintiff and the Defendant have been unable, as of the ate of this complaint, to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring ful disclosure by the Defendant, to equitably divide the property, both real and personal, as well as the debts thereto, owned by the parties hereto as marital property. COUNT III 17. Plaintiff incorporates the allegations of Paragraphs 1 through 6 as if set forth at length herein. II ,'. 18. During the course of the marriage two minor children were bo n: Dustin A. Simmoneau, born November 30, 1988, and Rusty J. Simmoneau, born Ma 9, 1994. It is believed and therefore it is averred that the Plaintiff and Defendant shal enter into a custody stipulation which shall be examined by this Court and subsequenll entered as a custody order. WHEREFORE, Plaintiff requests this Honorable Court enter a c stody order upon receipt of a custody stipulation. Respectfully Submitted TURO LAW OFFICES 6/o=;..los- Date Galen R. Wa , 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complai are true and correct. I understand that false statements herein made are subject to th penalties of Pa.C.S. S4904 relating to unsworn falsification to authorities. .~3} ~ ('f) '5 Date v?t1Vl11 (/r7.t. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Com pia nt in Divorce to Brian T. Simmoneau by depositing same in the United States Mail, c rtified return receipt, postage pre-paid on the ~ day of May, 2005, from Carlisle, ennsylvania, addressed as follows: Brian T. Simmoneau 5260 East Trindle Road Mechanicsburg, PA 17050 TURO LAW OFFICES l ~. ~ ~ ~ ~ ~-Ji (\ ~ ~ ~ t " (j' ~ "- ).. ~ -.J (..\ "J "t\ ....... 0-. 1 Cl . . -....' o C~ ...., (.-::.., C~,;) CJ'1 o "TI --< fii:D t -nFn G W ~:t'..IQ , i:3,~5 . ~. A:,' (~\ (_~rn ~. -.'-'.. --<.: ;~ f;-} .,', -'-'. :i] .< en '-D II Lorrie J. Simmoneau, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBEIRLAND COUNTY, PENNSYLVANIA v. : NO. 05-2277 CIVIL TERM Brian 1. Simmoneau, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Lorrie J. Simmoneau, an adult individual whose residence is at 115 Furman Road, Dillsburg, York County, Pennsylvania. 2. Defendant is Brian 1. Simmoneau, an adult individual whose residence is at 5260, Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child Rusty J. Simmoneau, born May 9, 1994, currently residing at 115 Furman Road, Dillsburg, York County, Pennsylvania. 4. The child is presently in the custody of plaintiff. 5. The child has lived at the following addresses: Name Address Rusty J. Simmoneau 115 Furman Road, Dillsburg, PA Dates 5 years 6. The relationship of the plaintiff to the child is that of natural mother. 7. The relationship of the defendant to the child is that of natural father. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court; a divorce complaint containing a custody count was filed in t~le above captioned matter. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the plaintiff is the primary care giver with respect to the child. II 11. Each parent whose parental rights to the child as not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Wherefore, plaintiff requests your Honorable Court grant the Plaintiffs request for shared Legal Custody and Primary Physical Custody of the child. RespectfLllly Submitted TURO LAW OFFICES 7h~J(jJ Date I C~a,u;, 28 South Pitt Street Carlisle, PA 17013 (717) 245-.9688 Attorney for Plaintiff II I VERIFICATION I verify that the statements made in the foregoing Complaint For Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. 0/ .(}J. 0 CO .. /f 'J4~~ V orne. ~'I. oneau Date II !' CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint in Custody, upon Brian Simmoneau, by depositing same in the United States Mail, first class, postage pre-paid on the A'R'fA day of :::SVl3 ' 2005, from Carlisle, Pennsylvania, addressed as follows: Brian Simmoneau 5260 East Trindle Road Mechanicsburg, PA 17050 TURO LAW OFFICES Galen R. Waltz, E 28 South Pitt S Carlisle, PA 17013 (717) 245..9688; FAX 717.245.2165 ~ \ } t <;' f'l. .._c ~:J. -<. ~~, ,c.:? c;'-.' w"' c_ ,:- c- r~.) OJ () -n .-\ ~-~~., _,~' r;? ~ ~ II Lorrie J. Simmoneau, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2277 CIVIL TERM Brian T. Simmoneau, Defendant i CIVIL ACTION - LAW : IN DIVORCE CUSTODY STIPULATION AND NOW, this ~ay of . k1t agreed between the parties as follows: , 2005, it is hereby stipulated and Dustin Aaron Simmoneau, born November 30,1988, and Rusty Jordan Simmoneau, born May 9, 1994 are the natural children of Lorrie J. Simmoneau, Plaintiff, and Brian T. Simmoneau, Defendant. 1. Shared legal custody of the children as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. 95301, et seq., will be in both of the parties, as the natural parents. 2. Primary physical custody of the children shall be in the mother subject to the following periods of partial custody with the father. a. Custody of Rusty Simmoneau every other weekend, Friday at 5:00 PM to Sunday 7:00 PM. 3. The parties shall alternate the Christmas holiday. The father shall have custody of the children from 6iOO PM on Christ.mas Eve until 3:00 PM on Christmas Day in odd numbered years and the mother shall have this period in even II , numbered years. The mother shall have custody of the children from 3:00 PM Christmas day until 6:00 PM on December 26th in odd numbered years and the father shall have this period in even numbered years. Thanksgiving shall be treated in the same manner as Christmas. 4. Mother shall have physical custody from 8:00 AM until 8:00 PM on Mother's Day and Father shall have physical custody from 8:00 AM until 8:00 PM on Father's Day, 5. The exchange of custody shall occur at a location agreed to by both parties for the exchange of custody. 6. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the children. 7. Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 8. The children shall not be subject to mental, verbal, or physical abuse by any individual while in the custody of either parent. 9. Both parents shall have liberal and reasonable telephone contact with the children when the children are in the custody of the other parent. 10. Regardless of which parent retains custody of the children, both parties shall share with each other the children's report cards and other papers affecting the children's education, medical condition and welfare. II 11. Physical Custody as outlined above ~lhall be changed as mutually agreed upon by the parties. :Pm 3:1fltliJ5 ( Da~e ~0 Lor .e J. Simmoneau Ju{v i?-~ Lpfjs-' Date ", (-) c: rc' ~":':':) \..~;..;s C:...n C) -i, ~~ I r--> 0) II Lorrie J. Simmoneau, Plaintiff jeCEIVEO ~UG 0 3 Iy : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-:2277 CIVIL TERM Brian T. Simmoneau, Defendant : CIVIL ACTION - CUSTODY Order of Court AND NOW, this If rl day of August, 2005 the Custody Stipulation dated July 27, 2005 and signed by both parties is entered and effective the date of this Order. Modification of the Custody Stipulation can be obtained pursuant to the applicable law at the time of filing. FOR THE COURT ~foL J. 00" !l! .,! ,(,,,~. 1:;- c,~\' [<.nz _, v! l~' .,.;vU II " Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2277 CIVIL TERM Brian T. Simmoneau Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Complaint in Divorce filed in the above captioned case upon Brian T. Simmoneau, by certified mail, return receipt requested on May 3, 2005 addressed to: Brian T. Simmoneau 5260 E. Trindle Road Mechanicsburg, PA 17050 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 5, 2005. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Or ,.? ~;J~O)- Date a en R. Waltz, Es 28 South Pitt Str Carlisle, PA 17 13 (717) 245-9688 Attorney for Plaintiff II o Complete items 1 andlor 2 for additional services. Complete items 3, 48, and 4b. o Print your name and address on the reverse of this form so that we can return this card to you. o Attach this form to the front of lhe maiJpjec"e, or on the back if space does not permit. o Write 'Return Receipt Requested' on the mailpiece below the article number. C The Return Aeceip1 wj)) show to whom the article was delivered and the date delivered. .~,."rticle Addressed to: ~. ~ 'ii I .. ~ ~ c o '" .. -~ a. i~ SENDER: Br,a(\ ,. ~1YY1rncY\~ 5.aG,D E Tr,rd/e Qc1 mec.hct M;. r'1 IPA- 17DS-O I also wish to receive the fo'low- ing services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery A", A"'i,...l", 1I.l,'.....ho~ 7001 2510 0009 4b. Service Type o Registered o Expr R 2826 9460 PS Form 3811 , December 1994 102595-99-B.Q223 Domestic Return Receipt i t .. i II: l!' ! ~ Jl :> o .. ... c ~ ...., c:.:) (.:;:) c.n ....- t:':' G'? ,-0 .!;.- o -\"'1 :Cc:>J r\1f:; ~'() \..!.., ~,J .......... i-.) L, ~, l..-, -:: ~'f, ;~~,~~ :,;c.:'rf\ ;~.~ ~ '-< :g r;? ,t- en Ii SEPARATION AGREEMENT AND PROPERTY SETTLEMENT /)/1/; /;/1!y This Agreement, made and entered into thisc:ILJ day of /,/!/,ct" I ( , 2005, between Lorrie J, Simmoneau, of Dillsburg, York County, Pennsylvania, herein referred to as "Wife," and Brian T Simmoneau, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on July 4, 1987, in York County, Pennsylvania; WHEREAS, there have been two (2) children born of this marriage between Husband and Wife, to wit: Dustin A Simmoneau, d.o,b, November 30, 1988 and Rusty J, Simmoneau, d.o,b, May 9, 1994, WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in 1 II the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further 2 II agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the i recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties have entered into a Stipulation regarding the custody of their children and filed at 05-2277 which Stipulation was made an Order of Court on August 4, 2005, Cumberland County, Pennsylvania. 5. Support a. Child Support. An order for Child Support was entered July 1, 2005 at docket number 01167 SA 2005 in York County, Pennsylvania for weekly child support in the amount of $102.00. b. Medical Care for the Children. The parties agreed that the children shall be carried upon the employer sponsored medical insurance programs 3 I' provided to Wife. The parties further agree that any unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 28% by Husband 72% by Wife 6. Distribution of Marital Assets. c. The parties agree that the items of personal property have been satisfactorily distributed. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Wife/Husband. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. d. The parties agree that the 1996 Chevorlet Blazer shall be the sole and separate property of the Wife. The 1989 Mazda shall be the sole and separate property of the Husband. e. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or from whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Debt. The parties that all debts were discharged per the United Stated Bankruptcy Court, Middle District of Pennsylvania Court Order, Case No.1 :05 - bk - 00600 - MDE, under section 727 of title 11, United States Code. The parties agree that 4 II they will each be responsible for their individual debts incurred subsequent to the separation of the parties and that each party shall hold the other party harmless for the debt incurred subsequent to the separation. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. Real Property. The parties agree that the real property located at 115 Furman Road, Dillsburg, Pennsylvania 17019 shall be transferred into the name of Wife. Wife agrees to assume the existing mortgage with Chase, P.O. Box 78116, Phoenix, Arizona, 85062-8116 with a payoff balance of $77,697.93 as of August 612005 and to hold husband harmless for any debt thereto. The parties shall execute all documents concerning the transfer of title to Wife. Husband agrees to execute and cooperate in executing all necessary documents for the title and mortgage transfer into Wife's name within 15 days of the mailing date of the notice demanding transfer. In consideration, Wife shall be solely liable for all debts and expenses related to the above named property. Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home and cooperate in the prompt payment of all marital debts as outlined above. 10. Alimony. Wife agrees to waive alimony. 11. Pension. Husband agrees that he has no interest in Wife's Pension or 401 k retirement plan and Wife agrees that she has no interest in Husband's retirement plan. 12. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 05-2277 Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Lorrie J. Simmoneau v.Brian T. 5 I! Simmoneau, 05-2277 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 14. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 6 II IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: {lJ1(/A!7 ilJillJJJJ\j !I 7 () ~~' r-"' C;'_'::' t,'-:;) CT' J':<"" c: G-~ r..:~ .;. o -" ::;:! ----..." rnS =Sc? <.:,() .' .'~' , '..-n ':2~~ ..,-.' .--1 ~~ r:~ .r- Ci) II Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. QS--0I"J17 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY Brian T. Simmoneau Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on May 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 123-0 :5 Date ~ ~ d' -:.;:,. \.<::. c. ~ ""'? "- -{) -;$~ r:? ~ 'cP Q. ~-"" ~'E (le'.\"D'-{_? ~'r.} ~:.,~ ') :'::~~S2SJ .<~.;.'(~ -< ""~1 '~:~ n c" .-'. ~". , II Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2277 CIVIL TERM Brian T. Simmoneau Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on May 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. .r eJ't1 d~ Date n ~" ~ 'a Cf' 7;: c_<_ C") \'.) ~ - q. ::;I-n r\'I~l "".0 ';l.]. ~-")>g ;-;~ ~:~~ <c"'"}~(-"1 "'-j -n 6' ~~~ '~(l :% -0 ~I:' ('.:l .. ;r:- 0' II Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2277 CIVIL TERM Brian 1. Simmoneau Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(~) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. FjJ'}3 Date L/ Q ~-, ~:'. ~t -r~ ~~) 1" .r:. :: 9r. :t-r\ r"<;;':, -=?1o ?:JO ,'.\-n -1~ -(1 T'Sr) -'~-: i'" ;-:> ~:'4 -~ -JJ :~ -0. ~ c:- .~ II Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2277 CIVIL TERM Brian T. Simmoneau Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301~ 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. <jj, ;)5-07 k~L~ orrie J. S moneau Date () ,..., 0 ,'- ~ -0 - - :1..,., TJ" c: \rlr==: ...~., -0' -01 i"0 N :r'JY :;:- ':~3.~\ -0 ~"_ -f'< -l'" (~() .-" ;<'o;,f\1 r;-? ~ S:-" ~'0 t:P :.< II Lorrie J. Simmoneau Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2277 CIVIL TERM Brian T. Simmoneau Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under ~ (3301 (c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about May 5, 2005. 3. Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code. By Plaintiff: August 23, 2005 By Defendant: August 20, 2005 4. Related claims pending: None. Date the Waiver of Notice in ~3301(c) divorce was filed with the Prothonotary: By Plaintiff: August 24, 2005 By Defendant: August 24, 2005 () ~; c ....., (::::> C,l en ~ \".::: i,;-) r'.' ..:;:.'- ~ =?..,., 1"11F rn :ric:;) tl~ ::~ ).> ,;.:1 -< -0 ~ .r-- oJ;) ,.,i':t;;+; , , , , , ;+; ;+;;+;;+;;+:;+;;+; " :t; ;+;:Ii/f.;+; ;+: ;+: ;+;;+; O+;;+;;+; +;+;'ti;+: ;+;;+::t; , n , ~+:+;+;+;+++;+;+;+;;+;+;+;;+;:+:;+;;+;~+~ , . , , , , , , , , IN THE COURT OF COMMON PLEAS , , , , , , OF CUMBERLAND COUNTY Lorrie J. Simmoneau PENNA. STATE OF , , , , , , , , , , , , , , Plaintiff No. 05-2277 VERSUS . , , . , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , Brian T. Simmoneau Defendant DECREE IN DIVORCE V\ \J~u S t 2005 AND NOW, ~\ , IT IS ORDERED AND Lorrie J. Simmoneau DECREED THAT , PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. , , , , , , , , , , , . , , , . . , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , ;+: ;+:~~;+:~~:+;:+;:+~;+;;+:;+;~ Simmoneau Brian T. AND , DEFENDANT, 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; , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , :+"';+;;+;:+.;+;;+;;+;:I; ;+; The Separation Agreement and Property Settlement is incorporated not merged. ATTE PROTHONOTARY :Ii;+;:Ii Of;+;:+:+.;+;:+;+;:+:tO;+;:+; ;+:;+;'t';+;+ ;+;'1'+:+::+:+ ;+: :+ ~ Of;+: Of , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , J. _ ~ '3 ~/ ~th ~10. '(-0 frrP P {Z ~ ""W ~ 50' e& . . . ...or. _~.'.... ....'"' J..... 41:' ..,,'.. '. .:> ~ .