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HomeMy WebLinkAbout05-3330Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. 0. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6S- 3336 fur-/"lam HAROLD C. FROMM, DEFENDANT. : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1MEVRB\FAMILY\FR0MM MSA.WPD DRAFT 11 JANUARY 21, 2008 MARRIAGE SETTLEMENT AGREEMENT BETWEEN CONNIE L. FROMM AND HAROLD E. FROMM Jeffrey R. Boswell, Esquire Jane Adams, Esquire Counsel for Connie L. Fromm Counsel for Harold E. Fromm SECTION I INTRODUCTION THIS MAMAGE SETTLEMENT AGREEMENT ("Agreement") is made this _day o€F4v-wg2AD9, by and between CONNIE L. FROMM ("Wife") and HAROLD E. FROMM ("Husband ). WITNESSETH: WHEREAS, Connie L. Fromm, was born on April 27, 1952, formerly resided after separation at 105 East Allen Street, Apartment 107, Mechanicsburg, Cumberland County, Pennsylvania 17055, and now resides at 7408 Heartwood Place, Wilmington, North Carolina 28411; WHEREAS, Harold E. Fromm, was born on November 10, 1948, currently resides at 910 Old U.S. Rt. 15, York Springs, Adams County, Pennsylvania 17372; WHEREAS, the parties hereto are Husband and Wife, having been married on December 2, 1972, in York, Pennsylvania; WHEREAS, no children were born of this marriage; WHEREAS, the parties separated in January, 2005; WHEREAS, Harold E. Fromm continues to reside in the marital residence; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support 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 mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree, as follows: 2 SECTION II GENERAL PROVISIONS A. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, "no fault," divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. B. EFFECT OF DIVORCE DECREE The parties agree that unless other wise 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. C. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. D. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. E. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Jane Adams, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Jeffrey R. Boswell, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. F. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties filed joint federal and Pennsylvania income tax returns for all tax periods, including December 31, 2005. With regard to the joint income tax returns previously filed, both parties agree that any tax, interest, and penalty will be paid solely by the individual responsible for the omission or misrepresentation prompting additional tax. The Internal Revenue Service, by its notice dated April 3, 2006, made proposed changes to the 2004 Form 1040 U.S. Individual Income Tax Return, as filed, including taxable dividends and retirement plan distributions, as well as tax withheld, providing for a tax increase with a proposed balance due of $4,227, which proposal was accepted by the parties, as to which balance Wife and Husband made full payment, on or about April 24, 2006, using part of the proceeds from their April, 2006, real property refinancing. In April, 2006, the parties filed Form 1040 U.S. Individual Income Tax Return, as married, filing separate, for the tax period ending December 31, 2005, and Wife paid $5,000, resulting in an underpayment of tax. On July 24, 2006, the parties filed Form 1040X Amended U.S. Individual Income Tax Return for p.e. December 31, 2005, as married, filing joint, requesting a $337 refund. However, upon review, the Internal Revenue Service disallowed the requested refund, as stated on the filed Form 1040X, and assessed $215.65, which was paid by Wife. Wife paid Husband $135, which is the amount of refund Husband projected he would have received had he filed Form 1040EZ. The parties filed separate income tax returns for 2006 and will file separate income tax returns for 2007. G. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 4 H. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. 1. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. 2. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow'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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior to or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 3. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 1. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he 5 or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. J. PRESERVATION OF RECORDS Each party will keep and preserve for a period of seven (7) years from the date of their divorce decree all financial records pertinent to income and income tax returns, and each party will allow the other party access to those records in the event of a tax audit. K. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. L. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies of law and in equity, including those for breach of contract, under theories or equity, under the Divorce Code, as amended, including Section 3105 of the Divorce Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. M. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. N. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6 O. 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. P. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. Q. NO WAIVER DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of either party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. R. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. S. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, 7408 Heartwood Place, Wilmington, North Carolina 28411, and to Jeffrey R. Boswell, Esquire, 315 N. Front Street, P. O. Box 741, Harrisburg, PA 17108-0741, as counsel for Connie L. Fromm, or such other address as Wife from time to time may be designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent be certified mail, return receipt requested, 910 Old U.S. Rt. 15, York Springs, PA 17372, and to Jane Adams, 7 Esquire, 64 South Pitt Street, Carlisle, PA 17013, as counsel for Harold E. Fromm, or such other address as Husband from time to time may designate in writing. T. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS A. ALIMONY AND LIFE INSURANCE 1. Alimony. The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory. Therefore, neither party shall make any payments constituting alimony to the other. Both parties mutually waive their respective right, if any, to alimony, and release each other from any obligation to pay alimony. 2. Life Insurance. The parties acknowledge and agree that neither party has an obligation to purchase or to maintain a life insurance policy naming the other party as primary beneficiary. Husband and Wife specifically agree that they may change their respective beneficiary designations for their respective life insurance policies maintained with Metropolitan Life Insurance Company and any other insurance company. SECTION IV PROPERTY DISTRIBUTION PROVISIONS A. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, marital property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Husband and Wife agree that the amount and the monetary value of the marital property removed by Wife is significantly less than the marital property retained by Husband. Husband and Wife acknowledge and agree that the Metropolitan Direct Property and Casualty Insurance Co., Policy No. 4027823950, effective to March 8, 2005, lists the insured value limit with regard to personal property as $92,251.00. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband. Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties acknowledge and agree that Wife has in her possession a trunk (a gift from her mother), her clothing, and her personal belongings, which have a value of approximately $1,000. The parties do hereby specifically waive, release, renounce, and forever abandon any claims which either may have with respect to any item of personal property, which shall thereafter be the sole and exclusive property of the party who currently has possession of the specific item of personal properrty. B. EMPLOYEE BENEFITS AND RETIREMENT BENEFITS Husband and Wife relinquish and waive all right, title, claim, or interest either may have in the employee benefits and retirement benefits of the other, including, but not limited to, stock options, savings plans, profit sharing plans, retirement plans, pension plans, IRAs, and 401(k) plans. Husband and Wife agree to sign any releases that may be required to effect his or her or renunciation of any interest in the other party's employee benefits and retirement benefits. 1. Husband. The parties specifically agree that Husband shall have sole ownership of his interest in his retirement benefits and any retirement plans and accounts, whether company-funded or individually-funded, including, without limitation, as follows: (a) MetLife IRA, Preference Plus Account, as of June 30, 2005: $13,189.57; and (b) Any other retirement savings account. 2. Wife. The parties specifically agree that Wife shall have sole ownership of her interest in her retirement benefits and any retirement plans and accounts, whether company-funded or individually-funded, including, without limitation, and especially with regard to her employment at Metropolitan Life Insurance Company, MetLife Financial Services, and related companies, as follows: (a) Stock-based incentive compensation (stock options granted as of June 25, 2005, 200 options at $29.95: $2,928.00; (b) Savings and Investment Plan (SIP), as of May 31, 2005: $89,625.46; and (c) Traditional Formula Pension, as of May 31, 2005: $156,000.00. 9 C. BANK ACCOUNTS AND MONEY FUNDS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled, and each party waives any right, title, or interest he or she may have in the other party's account. The parties owned a joint checking account at Adams County National Bank, which account will become the property of and shall be titled in the name of Husband. The parties owned a joint savings account at Adams County National Bank, which shall be owned and shall be titled in the name of Husband. The Wife owned shares in Aurora Fund Class A which were sold to pay marital debts/credit cards. The Wife owned 130 shares of MetLife common stock which were sold to pay marital debt/credit cards. D. AUTOMOBILES At the time of separation, the parties were the owners of motor vehicles, including a 1997 BMW (titled in Wife, individually), a 1994 Nissan 4-wheel drive pickup truck (titled jointly with Husband and Wife), and a 1986 Pontiac Fiero (titled jointly in Husband and Wife). Husband and Wife agree that the 1997 BMW shall be the sole and separate property Wife, as currently titled, and Husband waives any right, title, or interest he may have in this vehicle. Husband and Wife agree that the 1994 Nissan 4-wheel drive pickup truck and the 1986 Pontiac Fiero shall be re- registered in Husband's name, as his sole and separate property, and Wife waives any right, title, or interest she may have in said vehicles. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. Husband and Wife agree that neither has any right, title, or interest to any vehicle purchased subsequent to their separation and shall likewise not be responsible for any loans or leases as to these vehicles. Husband and Wife agree that each of them has obtained a motor vehicle insurance policy, individually, with respect to his or her respective vehicles, with insurance coverage limits as determined by each of them for the respective vehicles. E. CURRENT LIABILITIES. EXCLUSIVE OF LOANS ENCUMBERING MARITAL REAL PROPERTY Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. Wife and Husband agree to modify the mortgage loan concerning their real property as detailed in paragraph 8. From the date of separation, Husband and Wife agree that his or her respective use of credit accounts shall be his or her respective liability, individually, meaning the party who incurred the debt shall pay for same. Husband and Wife agree to be individually liable for certain accounts and to pay the loans, revolving credit accounts, and utility accounts, including the balances outstanding at the time of separation (January, 2005), as follows: 10 1. Husband (a) Kubota Credit Corporation, U.S.A., Loan No. 12265799, contract dated 05/15/2004, collateral: Cub Cadet Model 7275, Serial C 16192, 27 HP Diesel Compact Tractor with front-end loader - approximate balance - $10,500; (b) Kubota Credit Corporation, U.S.A., Loan No. 12265880, contract dated 05/15/2004, collateral: Kubota Model T1170-44, Serial 11876, 17 HP Lawn Tractor - approximate balance - $3,600; (c) Lowe's xxxx ; (d) Visa xxxx ; and (e) Utility accounts pertinent to marital real property 2. Wife (a) Capital One xxxx 2280 - approximate balance - $6,200; (b) Bank One xxxx 6357 - approximate balance - $4,950; and (c) Providian xxxx 2957 - approximate balance - $5,000. Husband and Wife represent and warrant that these credit accounts list the correct responsible party (individually), consistent with this paragraph. F. WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on his or her behalf. G. 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 acquired by him or by her after execution of this Agreement, with full power in him or in her to dispose of the same as fully, effectively, in all respects and for all purposes, as through he or she were unmarried. H. REAL PROPERTY The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 910 Old U.S. Route 15, York Springs (Latimore Township), Adams 11 County, Pennsylvania 17372 (hereinafter referred to as "marital residence"), which is subject to a first mortgage. The parties agree, with respect to the marital residence, as follows: 1. The Deed for the marital residence was dated May 4, 1987, and was recorded May 12, 1987, in the Office of the Recorder of Deeds in and for Adams County, in Record Book 0456, Page 0776. 2. An Agreement for a permanent easement to the referenced premises containing the marital residence, which Agreement was dated May 4, 1987, and recorded on May 12, 1987, in Record Book 0456, Page 0773. 3. The marital residence was appraised, as of March 28, 2006, by J. Jeffrey Mullen, Pennsylvania Certified General Appraiser, No. GA-001363-L, who determined the estimated market value of the property is $277,000, noting value by sales comparison approach is $277,000 and value by cost approach is $286,400. The complete appraisal was provided to counsel and to both parties. 4. The marital residence was refinanced, paying off the current mortgage balance of $81,467.66 with Waterfield Mortgage Company, on April 26, 2006. The new mortgage, which identifies the borrower as Harold E. Fromm and Connie L. Fromm, husband and wife, "as tenants of the estate by the entireties" (as mortgagor), was given to HOME LOAN CENTER, INC., d/b/a LENDINGTREE LOANS, as mortgagee, is dated April 18, 2006, and was recorded thereafter, in the Office of the Recorder of Deeds in and for Adams County, in Record Book , Page . The Adjustable Rate Note, dated April 18, 2006, was executed by Harold E. Fromm, on April 19, 2006. The Adjustable Rate Note is not executed by Connie L. Fromm. Harold E. Fromm received the net proceeds from the $102,000 refinancing. These proceeds and Wife's conveyance of her interest in the real property that has an appraised market value of $277,000 constitute an equitable distribution of marital assets to Husband, a net value of $228,051.90. 5. The marital residence shall be the individual property of Husband. Wife and Husband shall execute a Deed to transfer title of the marital residence to Husband. Husband shall refinance the real property on or about January 21, 2008, which refinancing will eliminate Wife as a mortgagor, with regard to the April 18, 2006, mortgage referenced in the previous paragraph. Thereafter, Wife shall have no obligations or liability with regard to the real property. 6. Husband and Wife agree that Husband shall be responsible for the payment of utility charges, real estate taxes, assessments and charges, and for insurance coverages since their separation. 12 I. KUBOTA CUB CADET MODEL 7275,27 HP DIESEL COMPACT TRACTOR AND KUBOTA MODEL T 1770-44,17 HP LAWN TRACTOR. Husband and Wife agree that the Cub Cadet Model 7275, 27 HP Diesel Compact Tractor and the Kubota Model T 1170-44, 17 HP Lawn Tractor shall both be the property of Husband, who shall be solely responsibility for the payment of any present or future loans with regard to these tractors. J. CASH PAYMENT. Husband and Wife agree that Wife will make a cash payment to Husband, payable to his MetLife IRA, in the amount of $11,000.00, as soon as practicable, upon the execution of this Marriage Settlement Agreement. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. This agreement may be executed in multiple counterparts and, when so executed, shall be binding upon both parties. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. -&-Xu Conni L. Fromm Harold E. Fromm DATE DATE 13 ?'OQ ? `?Yt W TTNF C C STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER . ss. On this, the Tr" day of 2008, before me, the undersigned, personally appeared Connie L. Fromm, who acknowledged herself to be the person who executed this Marriage Settlement Agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY FLJBLIC My Commission Expires 7/17/08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . ss. On this, the day of , 2008, before me, the undersigned, personally appeared Harold E. Fromm, who knowledged himself to be the person who executed this Marriage Settlement Agreemen for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?MONWBALTH ?F nMaRn yaw Noti el Sea! Jane Ad sms, Notary Public Carlisle Boro, Cumberland County my Commission Expires sew 6 7008 14 r.. .?J .x "1 - ? _. c_a i 1 .. mil ?? ._,i l t ?..? .. .F £-'? : ';7 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA 8, ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3330 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 29, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CONNIE L. FROMM DATE: 02/n? 12Cx?g L J _P7 t Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3330 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. rex--4 it..-' ONNIE L. FROMM DATE: O?pF3 12COS, t?-? ,-? ?'- -' ?:? '?' i 7 ?-," S iq. r?: Ct? ?` .. • _. t,;:? Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3330 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 29, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. HAROLD E. FROMM DATE: J, ?? ?oZOC?rj Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3330 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. HAROLD E. FROMM DATE: ?-/? /,-,00& r..? --, t:, ? - ? =' ? ._ ---? ?7__ _, r'? 3 W ?? _''__. ,?,"^ =?? t.^ --w: Ib Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. 0. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3330 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Complaint was mailed on June 30, 2005, by First Class and Certified Mail. Jane Adams, Esquire, accepted service on behalf of the Defendant Harold E. Fromm, on July 26, 2005. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff: February 8, 2008; by Defendant: February 4, 2008. (b) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: Not Applicable. a (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: Not Known 4. Related claims pending: None - all claims resolved in Marriage Settlement Agreement, attached. 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: Not Applicable (b) Date of Plaintiffs Waiver of Notice in 3301 (c) Divorce, dated February 8, 2008, was filed with the Prothonotary: March 3, 2008. Date of Defendant's Waiver of Notice in 3301 (c) Divorce, dated February 4, 2008, was filed with the Prothonotary: March 3, 2008. --A Jeffre . Boswell, Esquire Attorney for Plaintiff Dated: March 3, 2008 r-? { ?3 (._ c.:r..? ? Ss1T ??? j C.,7 ., ?-?j ::.?':- , ?Y Ji r• ?_? t )? .-(+. l ?_? IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 1-800-990-9108 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD C. FROMM, DEFENDANT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. OS- 3336 ? IN DIVORCE COMPLAINT IN DIVORCE UNDER §3301(c) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Connie L. Fromm, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Alford, and states the allegations of this Complaint, as follows: 1. The Plaintiff, Connie L. Fromm, is an adult individual who currently resides at 105 East Allen Street, Apartment 107, Mechanicsburg, Cumberland County, Pennsylvania 17055, since January 10, 2005. 2. The Defendant, Harold C. Fromm, is an adult individual who currently resides at 910 Old U.S. Route 15, York Springs, Adams County, Pennsylvania 17372, since February 17, 1988. 3. The Plaintiff and the Defendant have been residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 2, 1972, in York, York County, Pennsylvania. 5. The Plaintiff and Defendant separated on January 10, 2005. 6. Plaintiff avers that there are no borne children of this marriage. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Neither the Plaintiff nor the Defendant are members of the Armed Services of the United States. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. The parties may enter into a written agreement with regard to property division,in which case such agreement may be merged or incorporated into the Final Decree of Divorce. 11. There have been no prior actions of divorce or annulment in any Court in this Commonwealth or elsewhere. 12. Plaintiff requests this Court to enter a decree of divorce. COUNTI DIVORCE BY MUTUAL CONSENT 13. Paragraphs 1 through 12 are hereby incorporated by reference. 14. The cause of action of the Divorce Code under which Plaintiff is proceeding is, as follows: Section 3301(c) Mutual Consent - The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file an affidavit consenting to a divorce. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 14 are hereby incorporated by reference. 16. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by the Court. 17. Plaintiff requests the Court to enjoin Defendant from the removal, disposition, alienation, or encumbering of all real and personal property. 18. Plaintiff requests that this Court grant equitable distribution of marital property. WHEREFORE, Plaintiff requests that your Honorable Court: (a) Equitably distribute all marital property, personal and real, owned by the parties; (b) Grant such further relief as the Court may deem equitable and just. BOSWELL, TINTNER, PICCOLA & ALFORD _ By: cc-- - Jeffref . Boswell, Esquire Attorneys for Plaintiff, Connie L. Fromm DATE: June 28, 2005 VERIFICATION 1, Connie L. Fromm, Plaintiff, hereby verify that the facts contained in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. &CONNIE ?L. FROMM Dated: June _ _L, 2005 F? N J U a U O ° c C '^ C F (7 ^a <? g a G N O ? tp F t t ? ` ? r n v r -i ~ w -c CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Harold E. Fromm, Defendant, in the above-captioned matter. Respectfully Date:._ /_ 0-s ie Adams Es'quh No. 79465 South Pitt Street rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT c ? ..., ` n?- .`- ` ? , , r - _ c - ? ' m ? ,; _ rs r -? sib c. N .--? ?' ?! N .a CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term IN DIVORCE PRAECIPE TO CORRECT CAPTION TO THE PROTHONOTARY: Please be advised that Defendant's correct name is Harold E. Fromm. Kindly correct the caption of the case as set forth above. Respectfully Submitted: Date: -21 ? Sane Adams, Esquire I.D. No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant c' ° ? ???` ? ?? :?? r.- r ? -?, _C_? 'C] ?K'{ = i ?? iy: ?= J j Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3330 CIVIL TERM HAROLD E. FROMM, DEFENDANT. : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce, on behalf of Harold E. Fromm, the Defendant, and I certify that I am authorized to do so. Date: '?L'& 4 3- By: J?an Adarns, Esquire I.D No. 79465 South Pitt Street Carlisle, PA 17013 (717) 245-8508 (717) 243.9200 fax Attorney for Defendant, Harold E. Fromm c> a -TI C_ ? 7? 7 f rn?_ tv cr+ zr. Tl ITI Jl CD CD { Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 E-mail: iboswell(p?btpalaw.com Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3330 CIVIL TERM IN DIVORCE AMENDMENT TO COMPLAINT IN DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Connie L. Fromm, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Alford, and states the allegations of this amendment to this Complaint, as follows: 1. The Plaintiff, Connie L. Fromm, is an adult individual who now resides at 9514 Night Harbor Drive, Leland, North Carolina 28451. 2. The Plaintiff filed her Complaint in Divorce under § 3301(c) of the Divorce Code on June 29, 2005, in which Complaint she alleged that the parties separated on January 10, 2005. 3. Jane Adams, Esquire, accepted service of the Complaint on behalf of Defendant Harold E. Fromm on July 26, 2005. 4. The Defendant has not filed an Answer. 5. The Plaintiff now seeks a divorce under § 3301(d) of the Divorce Code, because they have been separated for more than two (2) years. 6. The Plaintiff and Defendant have negotiated the division of their marital assets, which has not yet been completed. WHEREFORE, the Plaintiff respectfully requests this Court to enter a Decree in Divorce under § 3301(d) of the Divorce Code. BOSWELL, TINTNER, PICCOLA & ALFORD By: ae-A A..== Je R. Boswell,'Esquire Attorneys for Plaintiff, Connie L. Fromm DATE: November 8, 2007 VERIFICATION I, Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff Connie L. Fromm, and that the facts set forth in the foregoing Amendment to Complaint are true and correct upon his personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Je re R. Boswell, Esquire DATE: November 8, 2007 A CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Amendment to Complaint, addressed, as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Method of Service: First class mail Certified mail/Restricted Delivery _X_ Hand-delivery BOSWELL, TINTNER, PICCOLA & ALFORD By: Jeffrey . oswell, Esquire Dated: November 9, 2007 C?l L,?S r Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3330 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(d) OF THE DIVORCE CODE TO: Jane Adams, Esquire, Attorney for Harold E. Fromm, Defendant The Plaintiff, Connie L. Fromm, intends to file with the court the attached Praecipe to Transmit Record on or after November 30, 2007, requesting that a final decree in divorce be entered. Boswell, Tintner, Piccola & Alford By: NtL?? Jeffr . Boswell, Esquire Attorneys for Connie L. Fromm. Plaintiff DATE: November 9, 2007 41- --to Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3330 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code, separation greater than two (2) years. 2. Date and manner of service of the Complaint: Complaint was mailed on June 30, 2005, by First Class and Certified Mail. Jane Adams, Esquire, accepted service on behalf of the Defendant Harold E. Fromm, on July 26, 2005. 3. Affidavits under Section 3301(d): (a) N/A (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: November 8, 2007. -r (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: November 12, 2007. 4. Related claims pending: Final division and distribution of marital property. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Served by hand-delivery, upon counsel for Defendant, on November 9, 2007. Jeffrey R. Boswell, Esquire Attorney for (x) Plaintiff ( ) Defendant Dated: November 30, 2007 C r.? .C' r CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW COMES, Harold E. Fromm, by and through his counsel, Jane Adams, Esquire, and asks this Court for Special Relief pursuant to the Divorce Code as follows: 1. Plaintiff is Harold E. Fromm, (hereinafter referred to as "Husband"), who currently resides at 910 Old U.S. Route 15, York Springs, Adams County, Pennsylvania, 17372. 2. Defendant is Connie L. Fromm, (hereinafter referred to as "Wife"), whose current address is unknown. She is represented by Attorney Jeffrey Boswell. 3. The parties were married on December 2, 1973. 4. A complaint in divorce was filed under the above-captioned docket number on June 29, 2005. The parties separated on January 10, 2005. 5. Husband currently lives in the marital home, which is located at 910 Old U.S. Route 15, York Springs, Adams County, Pennsylvania. 6. Husband refinanced the mortgage on the marital home in his name alone in 2006. At the time of refinance, Husband paid $6000.00 to Wife to assist with paying off debts. 7. Wife is still listed on the Deed to the marital home. 8. The current mortgage is an Adjustable Rate Mortgage (ARM) loan. The current interest rate as of October 3, 2007 was 8.1 %. 9. Husband works as a Certified Nurse Assistant, has limited income, is not receiving any support from Wife and can barely make the minimum mortgage payments which are required under the current mortgage. 10. The principal balance owed on the mortgage has actually increased over $2,000.00 since Husband started paying the loan, due to the high interest rate, Husband's inability to pay and a "Pay Option" which allows Husband to pay an amount which only covers the interest due and escrow payment. 11. Husband was approved for a Fixed Rate mortgage with an interest rate of 6.75% with Citizen's Lending Group in September 2007. 12. To close the loan, Husband was informed that Wife would have to sign a Deed transfering all right, title and interest to Husband, or in the alternative, sign a Right to Cancel, HUD settlement sheet, a truth in lending statement and the mortgage. 13. Wife refused to sign any documents and Husband was unable to obtain the loan at 6.75%. The loan approval has since expired. 14. The parties have been unable to agree on a comprehensive marriage settlement agreement. 15. In the meantime, Husband is incurring substantial interest fees and costs due to the non-cooperation of Wife. 16. If the refinancing of the loan on the marital home does not occur promptly due to Wife's failure to cooperate, great cost and expense will accrue to Husband, thereby constituting waste of the remaining marital assets. 17. Husband has incurred substantial additional counsel fees due to Wife's non-cooperation. 18. Husband is requesting an Order which would direct Wife to cooperate with the refinancing of the current loan on the marital home, or, in the alternative, Husband would request an Order which would grant him the power to sign any documents to effectuate a refinancing on Wife's behalf. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Petition for Special Relief and any other relief this Honorable Court deems necessary and appropriate. Date: J1. 9,07 Respectfully submitted, ane Adams, Esquire D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: (l iarn'6JgEQFromm, Pe itioner r r CERTIFICATE OF SERVICE AND NOW, this November 13, 2007, I, Jane Adams, Attorney for Defendant, Harold E. Fromm, hereby certify that a copy of the PETITION FOR SPECIAL RELIEF has been duly served upon the Plaintiff by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: Jeffrey R. Boswell, Esquire 315 N. Front St. Harrisburg, Pa. 17109 (717) 236-9377 Attorney for Plaintiff ane Adams, Esquire .D. No. 79465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r-= C?i ??? ? ?? ???? ? ?'`?'a =' -•o ?' ?? CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) of the DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. _x_(b) I oppose the entry of a divorce decree because: the economic issues have not been resolved. (Check (i),(ii), or both:) _(i) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if I do not claim them before a divorce is granted. _x_(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: lz"). r z arold E. Fromm, 4Dendant -„ ? °' v pp "?`t rn ?;? ?: 4 ? ?' C`:> ? 'r .. ? y CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term : IN DIVORCE DEFENDANT'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Petitioner, Harold E. Fromm, by and through his Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I - EQUITABLE DISTRIBUTION OF PROPERTY 1. Plaintiff and Defendant were married on December 2, 1973 and were separated on January 10, 2005. 2. Plaintiff/Respondent filed a Complaint in Divorce on June 29, 2005, and an amended Complaint in Divorce on November 9, 2007. 3. During the course of the parties' marriage, they acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. 5. Defendant is seeking an equitable division of all marital property. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff and Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT 11- ALIMONY 6. Items 1 - 5 are herein incorporated by reference. 7. Defendant lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. 8. Defendant/Petitioner is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 9. The Respondent enjoys a substantial income from which she is able to contribute to the support and maintenance of Defendant and pay him alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Petitioner from Respondent alimony in such sums as are reasonable and adequate to support and maintain Petitioner in the station of life to which he has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 10. Items 1 - 9 are herein incorporated by reference. 11. Petitioner requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 12. Respondent enjoys a substantial income and is well able to contribute to the support and maintenance of Petitioner during the course of this action. WHEREFORE, the Defendant requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. Respectfully submitted, Date: r64South s, Esquire 465 Pitt Street Car lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER HAROLD E. FROMM Y VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date:. ?- og3Q-"f - - " 0 Harold E. Fromm, Petitioner Cl) o? ?i 1v 8 F c ra C= w N C.1 OD 0 o? DEC 0 3 2007, CONNIE L. FROMM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 3330 Civil Term HAROLD E. FROMM, : IN DIVORCE Defendant : ORDER AND NOW, this 3°( day of w.&w4Aj , 2007, in consideration of the attached Petition for Special Relief, a hearing will be held on the at 04 Day of , 200V in Courtroom No. 3 at d 0 o'clock ? M. at the Cumberland County Courthouse, Carlisle, Pennsylvania. J. cc: Jane Adams, Esquire Jeffrey Boswell, Esquire Clio ? I ex LL 1 d- rlp CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term IN DIVORCE MOTION FOR CONTINUANCE AND NOW comes the Defendant, Harold E. Fromm, by and through his attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Connie L. Fromm, (hereinafter referred to as "Wife"). She is represented by Jeffrey Boswell, Esquire. 2. Defendant is Harold E. Fromm, (hereinafter referred to as "Husband"); he is represented by Jane Adams, Esquire. 3. A petition for Special Relief was filed on Husband's behalf on or about November 13, 2007. 4. A hearing was scheduled for January 2, 2008 at 3:00 p.m. in Courtroom No. 3. of the Cumberland County Courthouse. 5. Counsel discussed this matter on or about December 31, 2007, and Husband's counsel is hopeful that the parties can reach an agreement in this matter without a court hearing. 6. Husband is requesting that the hearing scheduled in this matter be continued. 7. Husband's counsel spoke with Wife's counsel, Jeff Boswell, regarding this request and he is in agreement with the request. 8. This matter previously was assigned to Judge Guido. WHEREFORE, Defendant, Harold E. Fromm, respectfully requests that this Honorable Court grant him the requested continuance. Date: j a' o$ Respectfully submitted, Ale Adams, Esquire L V. No. 79465 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, this January 2, 2008, I, Jane Adams, Attorney for Husband, Harold E. Fromm, hereby certify that a copy of the MOTION FOR CONTINUANCE has been duly served upon the Wife's Counsel by placing such in the custody of the United States Postal Service, via regular mail, postage pre-paid addressed to: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 N. Front St. P.O. Box 741 Harrisburg, Pa. 17108-0741 ATTORNEY FOR PLAINTIFF ne Adams, Esquire J.D. No. 79465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT rr y {7C2 CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant f : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term Ua+ o$ aooa?ff' IN DIVORCE ORDER OF COURT AND NOW, this ,? Ma day of v?,4 /VGtA tCy hereby ORDERED and DECREED: , 2009, it is 1. The hearing, which was scheduled January 2, 2007 at 3:00 p.m. in Courtroom No. 3 continued. 2. This matter shall be continued until the 3 day of rJ!0jj!!0:ar, 2008,at 3i &/P.M in Courtroom No. 3 of the Cumberland County Courthouse in Carlisle, Pennsylvania. 3. Upon submission of the parties' stipulation, counsel shall contact the Court to request that the hearing in the above-captioned matter be canceled. J. cc: Jane Adams, Esquire t?? l ics mat 4--L Jeff Boswell, Esquire Ufa /6$ ...__1_.17 ?t 1 ? 8d Z- N f all, `iii-? ,ad 3 1- ?o CONNIE L. FROMM, Plaintiff V. HAROLD E. FROMM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term IN DIVORCE MOTION TO WITHDRAW PETITION FOR SPECIAL RELIEF AND NOW COMES, Harold E. Fromm, by and through his counsel, Jane Adams, Esquire, and asks this Court for Special Relief pursuant to the Divorce Code as follows: 1. Plaintiff is Harold E. Fromm, (hereinafter referred to as "Husband"), who currently resides at 910 Old U.S. Route 15, York Springs, Adams County, Pennsylvania, 17372. 2. Defendant is Connie L. Fromm, (hereinafter referred to as "Wife"), whose current address is unknown. She is represented by Attorney Jeffrey Boswell. 3. The parties were married on December 2, 1973. 4. A complaint in divorce was filed under the above-captioned docket number on June 29, 2005. The parties separated on January 10, 2005. 5. Husband currently lives in the marital home, which is located at 910 Old U.S. Route 15, York Springs, Adams County, Pennsylvania. 6. The prior mortgage was an Adjustable Rate Mortgage (ARM) loan. The interest rate as of October 3, 2007 was 8.1 %. 7. Husband previously filed a Petition for Special Relief, due to wife not cooperating with the refinancing of this mortgage obligation. Since the Petition for Special Relief was filed, Wife has fully cooperated with the refinancing. 8. A hearing was scheduled for February 13, 2008. 9. Husband is seeking with withdraw his Petition for Special Relief. 10. Wife's counsel, Attorney Jeff Boswell, is in agreement with the request to Withdraw. 11. This matter was previously assigned to Judge Guido. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his request to withdraw and cancel the hearing scheduled in this matter. Respectfully Date: a 3 D r Iar a Ada ms, Esquire No. 79465 South Pitt Street lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER r CERTIFICATE OF SERVICE AND NOW, this January 23, 2008, I, Jane Adams, Attorney for Defendant, Harold E. Fromm, hereby certify that a copy of the MOTION has been duly served upon the Plaintiff by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: Jeffrey R. Boswell, Esquire 315 N. Front St. Harrisburg, Pa. 17109 (717) 236-9377 Attorney for Plaintiff J,uhe Adams, Esquire D. No. 79465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ??-;-> t ? i` -^r1 t?- ? ?^E) ` ". r?-t .+?} w.?. ? @'°? ^'-:^. 'i >. j .-- a r S3 . ?J } Y ? N CONNIE L. FROMM, Plaintiff V. 3 JAN gb 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3330 Civil Term HAROLD E. FROMM, : IN DIVORCE Defendant ORDER AND NOWNpon consideration of the attached petition, the Petition for Special Relief is withdrawn, and the hearing scheduled for February 13, 2008 at 3:00 p.m. is canceled. J. cc: ane Adams, Esquire Xeffrey Boswell, Esquire J i4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Connie L. Fromm VERSUS Harold E. Fromm No. 05-3330 Civil Term DECREE IN DIVORCE AND NOW, March / r DECREED THAT Connie L. Fromm 2008, IT IS ORDERED AND AND Harold E. Fromm ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; 000c, PROTHONOTARY M ` * ?. `a« x ` ? r r • 1 mAhomeyrb\family\fromm stipulation.doc Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, PLAINTIFF, V. HAROLD E. FROMM, DEFENDANT. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3330 CIVIL TERM IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes Jeffrey R. Boswell, Esquire, counsel for Connie L. Fromm, and Jane Adams, Esquire, counsel for Harold E. Fromm, who, on behalf of their respective clients, stipulate that on or about January 19, 2007, Connie L. Fromm and Harold E. Fromm discussed, and, thereafter, agreed that $11,000 be transferred from the Savings and Investment Plan for Employees of Metropolitan Life and Participating Affiliates Account, for Connie L. Fromm, Employee I.D. No. XXXX405, to the Metropolitan Life Insurance Company (MetLife) IRA, Preference Plus Account, Account No. XXXXX5123 AB, for Harold E. Fromm, and that a Qualified Domestic Relations Order in a form acceptable to Metropolitan Life Insurance Company and Hewitt, the Plan Administrator, be entered of record in the Court of Common Pleas of Cumberland County. Respectfully submitted, Jeffre oswell, Esquire Attorney for Plaintiff, Connie L. Fromm Adams, Esquire rney for Defendant, Harold E. Fromm Dated: March 11, 2008 - om -';. ..---- t ` ? 1 a cp 21 c VAR o: 20oe?e Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Connie L. Fromm CONNIE L. FROMM, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-3330 CIVIL TERM HAROLD E. FROMM, DEFENDANT. : IN DIVORCE QUALIFIED DOMESTIC RELATION ORDER AND NOW, this day of March, 2008, this Order is entered to create and recognize the existence of an alternate payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined contribution plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This Order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISK) as shall be interpreted and administered in conformity with such laws. WHEREAS, This QDRO is entered pursuant to the authority granted under the applicable Divorce Code of the Commonwealth of Pennsylvania. This QDRO is entered to enable Connie L. Fromm to fulfill a requirement under the Marriage Settlement Agreement dated February 8, 2008, and entered of record March 3, 2008, to make a payment of the stated benefit of $11,000 to Harold E. Fromm's MetLife IRA. This QDRO shall have conditions, terms, and obligations, as follows: 1. PLAN This Order applies to the Savings and Investment Plan for Employees of Metropolitan Life and Participating Affiliates (the "Plan"). Any successor to this Plan shall also be subject to the terms of the Order. 2. PARTICIPANT The name and address, Social Security Number, and date of birth of the participant are, as follows: Name: Address: Social Security Number: Date of Birth: 3. ALTERNATE PAYEE Connie L. Fromm 7408 Heartwood Place Wilmington, North Carolina 28411 210-XX-XXXX April 27, 1952 The person named as alternate payee meets the requirements of the definition of alternate payee as set forth in Section 4 below. The alternate payee's name, address, Social Security Number, date of birth, and relationship to the participant are, as follows: Name: Harold E. Fromm Address: 910 Old U.S. Rt. 15 York Springs, Pennsylvania 17372 Social Security Number: 202-XX-XXXX Date of Birth: November 10, 1948 Relationship to Participant: Spouse Harold E. Fromm is the owner of a certain MetLife IRA, Preference Plus Account XXXXXX5123AB, into which IRA the $11,000 stated benefit will be deposited under this QDRO. THE ALTERNATE PAYEE SHALL RE RESPONSIBLE FOR NOTIFYING THE PLAN ADMINISTRATOR IN WRITING OF ANY CHANGES IN HIS OR HER MAILING ADDRESS SUBSEQUENT TO THE ENTRY OF THIS ORDER. 4. DEFINITIONS Alternate Payee The alternate payee is any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the participant. Liquidation Date The liquidation date is the date a portion of the participant's account is liquidated to allow the -2- payment to the alternate payee's account under this Order. An assignment as of the liquidation date assigns a portion of the participant's current account. Plan Administrator Metropolitan Life Insurance Company (MetLife) is the Plan Administrator for MetLife's employee benefit plans. MetLife has contracted with Hewitt Associates LLC to establish procedures and administer QDROs. Valuation Date The valuation date is the date on which the participant's vested account balance will be valued in order to determine the alternate payee's designated portion in accordance with the terms of this Order. Accounts are valued on a daily basis. If, however, the QDRO requires a historical division of the participant's account and a daily valuation is not available for such date, the participant's account will be divided as of the valuation date immediately preceding the date specified in the Order. Vested Account Balance The participant's vested account balance is the participant's benefit as if he or she teminated employment and received a distribution on the valuation date. 5. BENEFIT PAYABLE TO THE ALTERNATE PAYEE The Order assigns to the alternate payee an amount equal to $11,000 of the participant's vested account balance under the Plan (identified in Section 1) as of the liquidation date. If the assigned amount is greater on the liquidation date than the net vested account balance after any outstanding loan balances and/or withdrawals have been deducted, the net vested account balance will be the assigned amount. From the valuation date to the liquidation date, the amount assigned to the alternate payee Will Not include earnings and losses. -3- 6. FORM OF PAYMENT The alternate payee shall receive the portion of the Plan benefits assigned to the alternate payee in a single lump-sum payment. Such amount shall be adjusted for earnings and losses from the liquidation date to the date of distribution to the alternate payee. 7. Commencement The alternate payee shall be eligible to receive payment as soon as administratively reasonable following the determination that this Order is a Qualified Domestic Relations Order. In no event can the alternate payee commence his or her benefit later than April 1 following the year in which the participant attains age 70 %2. 8. DEATH PROCEDURES If the participant predeceases the alternate payee prior to payment of the alternate payee's assigned benefits under the Plan, the alternate payee's benefits will not be affected. In the event of the participant's death, the account balance, which remains the property of the participant, will be payable to the participant's designated beneficiary or in accordance with Plan provisions. This Order does not require the participant to name the alternate payee as the beneficiary for the benefits not assigned to the alternate payee. In case of the death of the alternate payee prior to distribution of the alternate payee's benefits from the Plan, the assigned benefits will be paid to the alternate payee's designated beneficiary, or, if none, in accordance with Plan provisions. 9. RETENTION OF JURISDICTION This matter arises from an action for divorce or legal separation in this Court under the case number set forth at the beginning of this Order. Accordingly, this Court has jurisdiction to issue this Order. In the event the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For this purpose, this Court expressly reserves jurisdiction over the dissolution proceeding involving the participant, the alternate payee, and the participant's interest in the Plan. -4- 10. LIMITATIONS Pursuant to Section 414(p)(3) of the Code and, except as provided by Section 414(p)(4), this Order: (i) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not require the payment of benefits to an alternate payee that is required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 11. TAXATION For purposes of Section 402 and 72 of the Code, any alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distributions or payments made to the alternate payee under the terms of the Order and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distributions. 12. CONSTRUCTIVE RECEIPT If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this Order, the participant will immediately reimburse the Plan to the extent that the participant has received such benefit payments and shall forthwith pay such amounts so received to the Plan within ten (10) days of receipt. If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the participant, the alternate payee must make immediate reimbursement. The alternate payee must reimburse to the extent that he or she has received such benefit payments and shall forthwith pay such amount so received to the Plan within ten (10) days of receipt. 13. EFFECT OF PLAN TERMINATION If the Plan is terminated, the alternate payee shall be entitled to receive his or her portion of the participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficaries. -5- 14, CERTIFICATION OF NECESSARY INFORMATION All payments made pursuant to this Order shall be conditioned on the certification by the alternate payee and the participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 17O Dated this t?of March, 2008. By the J. Distribution: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Attorney for Connie L. Fromm Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Attorney for Harold E. Fromm -6- A li : I I WV L 1 4VW 9002 . _ mHi J