HomeMy WebLinkAbout05-3552
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PAULA J. GEORGE,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
.
: NO. 0.5' ~ 35 C; d
<
ew-J
RANDY S. GEORGE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action. You are warned that, if you fail to do so, the
case may proceed without you and a decree of divorce or annulment 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,
Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (800)-990-9108
PAULA J. GEORGE,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.
RANDY S. GEORGE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
A VISO PARA DEFENDER Y RECLt\MAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se
defiende, el caso pude proceder sin usted y decreto de divorcio 0 anuIamiento puede ser emitido
en su contra POr las Corte. una decision puede tambien ser emitida en su contra por cauIquier
otra queja 0 compensacion ecIamados por el demandante. Usted puede perder dinero, 0
propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales
esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse
Square, Carlisle, PA 17013.
SI USTED NO RECLAMA PENSION ALIMENTlCIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DlVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.
USTED DEBE LEV AR ESTE PAPEL A UN ABOGADO DE INMEDlATO. SO
NO TlENE 0 NO PUEDE PAGAR UN ABOGADO, VA YA 0 LLAME A LA OFlCINA
INDlCADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telefono (800)-990-9108
PAULA J. GEORGE,
Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. (J.:5 - :3 ~-::;---.2.
RANDY S. GEORGE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, Paula J. George, (hereinafter referred to as "Plaintiff'), by
and through her counsel, Linda A. Clotfelter, who files this Complaint in Divorce and in support
thereof states the following:
1. Plaintiff is Paula 1. George, (hereinafter "Plaintiff') an adult individual who
resides at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is Randy S. George, (hereinafter "Defendant"), an adult individual who
resides at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The parties are the parents of four (4) minor children, namely Althea A. George,
born June 7, 1990, age fifteen (15) years; Chelsea M. George, born September 19, 1992, age
twelve (12) years; Joshua J. George, born May 22, 1999, age six (6) years; and Benjamin 1.
George, born June 28, 2002, age three (3) years,
COUNT I
REOUEST FOR DIVORCE
4. Paragraphs I through 3 are incorporated herein by referenced as if fully set forth.
5. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately previous to the filing of this divorce Complaint.
6. Plaintiff and Defendant were married on October 26, 1985, in Carlisle,
Cumberland County, Permsylvania.
7. The parties have been separate and apart within the meaning of the Permsylvania
Domestic Relations Code since May 22, 2005.
8. There are no pending divorce proceedings upon the filing date of this Complaint.
9. Defendant is not a member of the anned forces of the United States or any of its
allies.
10. Plaintiff avers that the marriage is irretrievably broken.
II. Plaintiff as the irmocent and irUured spouse has suffered such indignities due to
Defendant's conduct that Defendant has made Plaintiff's life intolerable and burdensome,
12. Plaintiff has been advised of the availability of counseling and that Plaintiff may
have the right to request that the court require the parties to participate in counseling. Plaintiff
does not desire counseling.
WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce
and grant such other relief as this Court deems just and proper.
COUNT II
EOUlT ABLE DISTRIBUTION
13, Paragraphs I through 12 of this Complaint are incorporated herein by reference,
14. During their marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Sections 3501 et.seq. of the Divorce Code of 1980.
IS. Plaintiff and Defendant have been unable to amicably agree upon the equitable
distribution of the marital property.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree
for divorce; equitably distribute all marital property, both real and personal owned by the parties;
and grant such other relief as this Court deems just and proper.
COUNT III
ALIMONY
16. Paragraphs I through IS are incorporated herein by reference.
17, Plaintiff lacks sufficient property to provide for her reasonable needs.
18. Plaintiff is unable to sufficiently support herself through appropriate employment.
19. Defendant has sufficient income and assets to provide continuing and indefinite
support for the Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court enter a decree for divorce
and compel the Defendant to pay alimony to the Plaintiff; and grant such other relief as this
Court deems just and proper.
COUNT IV
ALIMONY PENDENTE LITE. COUNSEL FEES.
COSTS AND EXPENSES
20, Paragraphs I through 19 are incorporated herein by reference.
21. By reason of the institution of the action to the above term and number, Plaintiff
will be and has been put to considerable expense in the preparation of her case, in the
employment of counsel, and the payment of costs.
22. Plaintiff is without sufficient funds to support herself and to meet the costs and
expenses of this litigation and is unable to appropriately maintain herself during pendency of this
action.
23. Plaintiff's income is not sufficient to provide her reasonable needs to pay her
attorney's fees and the costs of this litigation.
24. Defendant has adequate earnings to provide support for the Plaintiff and to pay
her counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree for
divorce; compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel
fees, costs and expenses; and grant such other relief as this Court deems just and proper.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
Date: 7/ /,;.-J o~
.
da A. Clotfelter, Esquire
orney ID No, 72963
021 East Trindle Road, Suite I
Mechanicsburg, P A 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff
PAULA J. GEORGE,
Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
RANDY S. GEORGE,
Defendant
: CIVIL ACTION. LAW
: IN DIVORCE
VERIFICATION
I, PAULA J, GEORGE, verify that the statements in the foregoing COMPLAINT IN
DIVORCE are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S, g 4904,
relating to unsworn falsification to authorities.
Date: 7/1;)1 OS'
I I
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PA J. GE GE, Plaint'
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PAULA J. GEORGE,
Plaintiff,
vs.
RANDY S. GEORGE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 Civil
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Paula J. George, do hereby affirm
that set forth below is the original return receipt of the Comphlint for Divorce that was sent to
Defendant by Certified Mail, Restricted Delivery, Return Receipt Requested, which appears to
contain the signature of Defendant, Randy S. George, indicating that Defendant received same
on July 22, 2005. The undersigned understands that the statements herein are made subject to
the penalties of 18 P .S. ~4904 relating to unsworn falsification t.o authorities.
. Complete Items I, 2, and 3, Also complete
~em 4 ff ResIrlcIed Delivery Is desired,
. Print your name and address on the reverse
10 that Vie can return the card to you,
. Attach this card to the back of the mailplece,
or on the front ff space penn~s.
1. Article Addressed to:
Randy S. George
835 Ridgewood Drive
Mecbanicsburg, PA 17055
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7001 2510 0003 4439 8447
2. Article Num!>er
(Transfer from service lat .
102S95-02.M.~. ,
PS Form 3811, February 2004
00mRt1o Ae<um_
Dated: 7/ A 1/ d)
Respectfully subrrlitted,
LAW OFFICE OF LINDA A. CLOTFELTER
IoU Cl"~d~,G!f
ttorney ID No. 72963
5021 East Trindle Road, Suite 100
Mechanicsburg, P'A 17050
(7 17) 796-1930
Attorney for Plaintiff
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PAULA J. GEORGE,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 05-3552 Civil
RANDY S. GEORGE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ;J 7""" day of ,M 1 ' 2005, the undersigned
hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was
served upon the opposing party by United States First Class Mail, postage prepaid:
Randy S. George
835 Ridgewood Drive
Mechanicsburg, P A 17055
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
A. Clotfeltt:r, Esquire
rney ID No. 72963
I East Trindle Road, Suite roo
Mechanicsburg, P A 17050
(717) 796- I 930 tdephone
(717) 796- I 933 facsimile
Attorney for Plaintiff
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SMIGEL, ANDERSON & SACKS, L.L.P.
River Chase Office Center
4431 North Front Street, 3r<1 Floor
Harrisburg, PA 17110-1778
(717) 234-2401
Richard C. Gaffney, Jr., MBA, Esquire
rgnffw;:Y@$m:iUv-&PLU
Attorneys for Defendant
PAULA 1. GEORGE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
DOCKET NO. 05-3552 - Civil
RANDY S. GEORGE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO PLEAD
To: Paula J. George
c/o Linda A. Clotfelter, Esquire
5021 East Trindle Road
Mechanicsburg, PAl 7050
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE WITHIN
TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AGAINST YOU.
Date: ~ ("IS'. 2~
/- ~
By: \ 2 d uj I:: Qt._
Richard C. Gaffney, Jr, , Esquire
SMIGEL, ANDERSON & SACKS, L.L.P,
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110.1778
(717) 234-2401
Richard C. Gaffney, Jr., MBA, Esquire
r,g~.fftl.~.Y@:m;;JJn-,",,-Q!n
Attorneys for Defendant
PAULAJ. GEORGE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
DOCKET NO. 05-3552 - Civil
RANDY S. GEORGE
Defendant
CIVIL ACTION - LAW
IN DNORCE
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 action. You are warned that, if you fail to do so, the case may proceed
without you and a decree of divorce or annulment 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 Defendant. 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, Pennsylvania.
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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PAl 70 13
1-800-990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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 of business before the Court.
SMIGEL, ANDERSON & SACKS, L.L.P.
River Chase Office Center
4431 North Front Street, 3n1 Floor
Harrisburg,PA 17110.1778
(717) 234.2401
Richard C. Gaffney, Jr., !\lBA, Esquire
_r:g~,,-ml~y((.&,~g~.nr.L~Dm
Attorneys for Defendant
PAULA J. GEORGE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
DOCKET NO. 05-3552 - Civil
RANDY S. GEORGE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE
AND NOW, comes Defendant, RANDY S. GEORGE, (hereinafter referred to as
"Defendant"), by and through his counsel, Richard C. GaffiIey, Jr. and Smigel, Anderson, & Sacks,
L.L.P., and answers Plaintiff's Complaint in Divorce as follows:
1. Admitted in part. Denied in part. It is admitted that Plaintiff is Paula J. George. It is
denied that Plaintiff resides as set forth in the Complaint. To the contrary, Plaintiff resides at 439
Virginia Road, Mechanicsburg, P A 17050.
2. Admitted.
3. Admitted.
COUNT I
REOUEST FOR DIVORCE
4. Defendant hereby repeats and realleges his answers to the averments of Paragraphs I
through 3, which are incorporated by reference herein.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10, Admitted in part. Denied in part. Defendant admits that the marriage is irretrievably
broken. Defendant denies any implication that a Divorce Decree should be entered on grounds set
forth in Section 330I(c) of the Divorce Code. To the contrary and as more fully set forth below in
Defendant's New Matter, a Divorce Decree should be granted to Defendant under Section 3301(a) of
the Divorce Code on account of Plaintiff's adultery and indignities toward him.
I I. Denied. Defendant denies that Plaintiff is the injured and innocent spouse.
Defendant further denies that Plaintiff suffered indignities due to Defendant's conduct. Defendant
further denies that he made Plaintiff's life intolerable and burdensome and Defendant demands that
Plaintiff produce strict proof, if relevant and admissible, at the time of trial. By way of further
answer, Defendant avers that he is the injured and innocent spouse and has suffered indignities due to
Plaintiffs conduct that has made Defendant's life intolerable and burdensome.
12. Denied. Denied for want of knowledge whether Plaintiff was so advised or whether
Plaintiff does or does not desire counseling.
COUNT II
EOUlTABLE DISTRIBUTION
]3, Defendant hereby repeats and realleges his answers to the averments of Paragraphs I
through 12, which are incorporated by reference herein.
14. Admitted.
15. Admitted.
WHEREFORE, Defendant requests this Court to equitably distribute the marital property
after an inventory and appraisement has been filed by the parties.
COUNT III
ALIMONY
16. Defendant hereby repeats and realleges his answers to the averments of Paragraphs I
through 15, which are incorporated by reference herein.
17. Denied. Defendant specifically denies that Plaintiff lacks sufficient property to
provide for her reasonable needs and Defendant demands that Plaintiff produce strict proofthereof, if
relevant and admissible, at the time of trial.
18. Denied. Defendant specifically denies that Plaintiff is unable to sufficiently support
herself through appropriate employment and Defendant demands that Plaintiff produce strict proof
thereof, if relevant and admissible, at the time of trial.
19. Denied. Defendant specifically denies that he has sufficient income and assets to
provide continuing and indefinite support for the Plaintiff and Defendant demands that Plaintiff
produce strict proof thereof, if relevant and admissible, at the time of trial.
WHEREFORE, Defendant requests this Honorable Court deny Plaintiff's request for
alimony.
COUNT IV
ALIMONY PENDENTE LITE. COUNSEL FEES.
COSTS AND EXPENSES
20. Defendant hereby repeats and realleges his answers to the averments of Paragraphs I
through 19, which are incorporated by reference herein.
2 I. Denied. Defendant specifically denies that Plaintiff has been put to considerable
expense in preparation of her case, in the employment of counsel, and the payment of costs.
Defendant demands that Plaintiff produce strict proof thereof, if relevant and admissible, at the time
of trial.
22. Denied. Defendant specifically denies that Plaintiff is without sufficient funds to
support herself and to meet the costs of expenses of this litigation. Defendant further denies that
Plaintiff is unable to appropriately maintain herself during pendency of this action and Defendant
demands that Plaintiff produce strict proof thereof, if relevant and admissible, at the time of trial.
23. Denied. Defendant specifically denies that Plaintitrs income is not sufficient to
provide her reasonable needs to pay her attorney's fees and the costs of this litigation and Defendant
demands that Plaintiff produce strict proof thereof, if relevant and admissible, at the time oftrial.
24. Denied. Defendant specifically denies that he has adequate earnings to provide
support for the Plaintiff and to pay her counsel fees, costs and expenses and Defendant demands that
Plaintiff produce strict proof thereof, if relevant and admissible, at the time of trial. To the contrary,
Defendant is the sole support for the parties' four (4) minor children, who the Plaintiff abandoned in
order to reside with her paramour.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiffs
request for alimony pendente lite, counsel fees, costs and expenses.
COUNTERCLAIM
COUNT V
ABANDONMENT
25. Defendant hereby repeats and realleges his answers to the averments of Paragraphs I
through 24, which are incorporated by reference herein.
26. Plaintiff abandoned the marriage.
WHEREFORE, Defendant respectfully requests that this Honorable Court grant a divorce to
him under g330I(a) of the Divorce Code.
COUNT VI
ADULTERY
27. Defendant hereby repeats and realleges his answers to the averments of Paragraphs 1
through 26, which are incorporated by reference herein,
28. Plaintiff has committed adultery.
WHEREFORE, Defendant respectfully requests that this Honorable Court grant a divorce to
him under s3301(a) of the Divorce Code.
COUNT VII
INDIGNITIES
29. Defendant hereby repeats and realleges his answers to the averments of Paragraphs 1
through 28, which are incorporated by reference herein.
30. Plaintiff subjected Defendant, as the injured and innocent spouse, to such indignities
due to Plaintiff's conduct as to make Defendant's life intolerable and burdensome.
31. By her sworn testimony of August 5, 2005 at a hearing in a related custody matter
pending at Cumberland County Docket No, 05-3620, Plaintiff is estopped from denying the
averments herein.
WHEREFORE, Defendant respectfully requests that this Honorable Court grant a divorce to
him under s330I(a) of the Divorce Code.
COUNT VIII
COSTS. FEES AND EXPENSES
32. Defendant hereby repeats and realleges his answers to the averments of Paragraphs 1
through 31, which are incorporated by reference herein.
33. Defendant is without sufficient income to maintain himself and the parties' four (4)
minor children and also meet the costs and expenses of this litigation.
34. Defendant has been put to considerable expense in the preparation of his case, in the
employment of counsel and for the payment of costs.
35. Plaintiff has adequate earning potential to pay for the Defendant's counsel fees, costs
and expenses.
WHEREFORE, Defendant respectfully requests that this Honorable Court grant him a
Decree in Divorce under Section 330I(a) of the Divorce Code, compel the Plaintiff to pay for
Defendant's fees, costs and expenses, and grant such other and further relief as this Court deems just
and proper.
Respectfully Submitted,
SMIGEL, ANDERSON, & SACKS, LLP
Date: ~NC \ S- 2eer-
.
By:
Richard C. Gaffhey, Jr.,
LD. #63313
River Chase Office Center
443 I North Front Street
Harrisburg, PAl 7 I 10
Attorneys for Defendant
08/09/2005 12:41
71 75051905
NAVICP
PAGE 02/02
VERIFICATION
I, Randy S. George, verify th.at the statements contained in the foregoing document are
true and correct to the best of my knowledge, information and belief. I understand that false
statements therein are made subject to the penalties of 18 PaC.s.A ~4904, relating to unsworn
falsification to authorities.
Date:
tJ ~O ;(a'J$'
~~
SMIGEL. ANDERSON & SACKS, L.L.P,
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PAl 711 0-1778
(717) 234.2401
Richard C. Gaffney, Jr., MBA. Esquire
rgg.ffm:y_@~:_tl_'l~JJP'.,S,I).!.l1
Attomeys for Defendant
PAULAJ. GEORGE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
DOCKET NO. 05-3552 - Civil
RANDY S. GEORGE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Jennifer 1. Deitch, Legal Assistant to counsel for Defendant, in the above-captioned
matter, do hereby certify that I served a true and correct copy of Defendant's Answer and
Counterclaim to Complaint in Divorce on counsel for the Plaintiff by depositing the same in the U.S.
Mail, on August 15, 2005, with postage prepaid for first class mail, addressed as follows:
Linda A. Clotfelter, Esquire
502 I East Trindle Road, Suite 100
Mechanicsburg, P A 17050
SMIGEL, ANDERSON, & SACKS, LLP
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 CIVIL
PAULA J, GEORGE,
PLAINTIFF
RANDY S. GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under ~330I(c) of the Divorce Code was filed on July 13, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree 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,
Date: '61 J41rJn
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Paula J. George, Plaintif't"
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PAULA J, GEORGE,
PLAINTIFF
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 CIVIL
RANDY S. GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER li330Hc) OF THE DIVORCE CODE
I. I consent to the entry of a fmal decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities,
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PAULAJ, GEORGE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 05-3552 CIVIL
RANDY S, GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under ~330I(c) of the Divorce Code was filed on July 13, 2005,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint
3. I consent to the entry of a final Decree 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,
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PAULAJ. GEORGE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 05-3552 CIVIL
RANDY S. GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities,
Date: ()J Aj ;)~O(/
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: IN THE COuRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 CIVIL
PAULA 1. GEORGE,
PLAINTIFF
RANDY S, GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
AND NOW, this
STIPULATION
(}.l- day of )~
, 2006, the parties and
counsel for the parties in the above referenced action hereby stipulate and agree that the Order
attached hereto may be adopted as a Court Order.
Li da A. Clotfelter, Esq, 7.\ 'I /,,,
1 East Trindle Road, Ste, 100
Mechanicsburg, P A 17050
(717) 796-1930
Attorney for Plaintiff
SMlG'L,i:::~I'SON & SACKS, LLF
By: ~~U?!::J
Ann Levin, Esquire ill #70259
443 I North Front Street, 3'" Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Defendant
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8390.1-4/MSNA VL, If 7/28/2006 1:10 PM
MARITAL SETTLEMENT AGREEMENT
8390-I-4IMSNAV[;;'lf 7/2812006 1:10PM
./ . ,
MARITAL SETTLEMENT AGREEMENT
This MARITAL SETTLEMENT AGREEMENT (this "Agreement") is made effective
at Mechanicsburg, Pennsylvania this m rP' day of cAu 8 U LJ f , 2006
by and between:
RANDY S. GEORGE, who resides at 835 Ridgewood Drive,
Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
"Husband"),
AND
PAULA J. GEORGE, who resides at 439 Virginia Road, Mechanicsburg,
Cumberland County, Pennsylvania (hereinafter "Wife"),
WITNESSETH
WHEREAS, Husband and Wife (collectively, the "Parties") were lawfully married to
each other in Carlisle, Cumberland County, Pennsylvania on October 26, 1985; and
WHEREAS, there are four (4) children of the marriage, being: Aletha A. George,
Chelsea M, George, Joshua J, George and Benjamin L. George; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
Wife and Husband and it is the intention of the Parties to live separate and apart for the rest of
their natural lives; and
WHEREAS, Husband and Wife desire to settle fully and finally their respective financial
and property rights and obligations including, without limitation by specification: settling of all
matters between them relating to the ownership and equitable distribution ofreaI and personal
property; settling of all matters between them relating to the past, present and future support,
r . ,
alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one Party against the other or against the
other Party's respective estate,
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises, covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged, and intending to be legally bound
hereby, Wife and Husband, do promise, covenant and agree as follows:
1. Intention with Respect to a Divorce, The Parties acknowledge that, on July 13,
2005, Wife filed an action in divorce in the Court of Common Pleas of Cumberland County,
Pennsylvania toDocket No, 05-3552. The Parties intend to secure a mutual consent, no-fault
divorce pursuant to the provisions of Section 330l(c) of Pennsylvania's Divorce Code of 1980,
as amended (the ''Divorce Code"), The Parties agree that they will each sign, simultaneously
with the signing of this Agreement, an Affidavit of Consent to Divorce under Section 330l(c) of
the Divorce Code and a Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 3301(c), and all other documents necessary to secure a divorce under that section,
Husband's attorney will file a Praecipe to Transmit the Record and obtain a Decree in Divorce,
The Parties understand and agree, however, that the execution and delivery of this Agreement is
not predicated upon the commencement or maintenance of a divorce action.
2. Effect of Divorce Decree and Effect of No Divorce Decree. This Agreement
shall continue to be effective after the entry of a final Decree in Divorce between the Parties and,
except as otherwise provided for in this Agreement, this Agreement shall remain in full force and
effect, even if no final Decree in Divorce is entered.
Page 2
,
3. Incorporation into Divorce Decree, The Parties intend that this Agreement will
be incorporated into, but not be merged with, a Divorce Decree that may be entered by any court
of competent jurisdiction, The Parties intend further that the Court of Common Pleas entering
the Divorce Decree shall retain continuing jurisdiction over the Parties and over the subject
matter of the Agreement for the purposes of interpretation and enforcement of any of its
provlSlons.
4. Date of Execution, The date of execution of this Agreement shall be the date on
which the second of the Parties signs this Agreement (the "Execution Date").
5. Effective Date of Agreement This Agreement shall become effective and
binding upon both Parties on the Execution Date (the "Effective Date"),
6. Advice of Counsel; Voluntary Agreement Husband acknowledges that he fully
understands each provision of this Agreement and its legal effect Wife acknowledges that she
fully understands each provision of this Agreement and its legal effect. The Parties acknowledge
and understand that each Party has the right to be represented by independent counsel of his or
her own choice. Husband is represented by Smigel, Anderson & Sacks, LLP, Wife is
represented by Linda Clotfelter, Esquire. Each Party acknowledges that he or she has received
independent legal advice from counsel of his or her selection or that he or she has waived the
right to receive independent legal advice from counsel of his or her own selection and that, in
any case he or she has been fully informed as to his or her legal rights and obligations arising out
of the Parties' marriage and impending divorce, including all rights available to him or her under
the Divorce Code. Each Party confirms that he or she has read this Agreement in its entirety and
fully understands the terms, conditions and provisions of this Agreement and believes them to be
fair and reasonable under the circumstances. Each Party further confirms that he or she is
Page 3
,
entering into this Agreement freely and voluntarily and that the execution of this Agreement is
not the result of any fraud, duress, undue influence, collusion, or improper or illegal agreement
or agreements.
7. Personal Rights, Each Party shall be free from any direct or indirect interference
by the other in his or her personal and business activities, as of the date of execution of this
Agreement. Except as is otherwise set forth in this Agreement, each Party may reside wherever
and with whomever he or she desires, The Parties shall not interfere with, harass, or malign each
other or the respective families, friends, colleagues, employers or employees of each other.
Except as is otherwise set forth in this Agreement, neither Party shall enter the residence of the
other Party without the express pennission of the other Party,
8. Warranty of Disclosure. Husband and Wife represent and warrant that they
have fully disclosed to each other their respective assets, liabilities and income. The Parties
acknowledge that they have been given ample opportunity to identify, analyze and value the
assets titled in the name of or held for the benefit of the other Party. The Parties acknowledge
that no formal appraisals have been conducted, and that, but for this Agreement, they would be
entitled to formal discovery including review of documents, inspections, interrogatories,
depositions, formal valuations and appraisals, or otherwise. Notwithstanding the foregoing, the
Parties agree that they are satisfied with the extent of the disclosure in this matter, and both
Parties specifically waive any further disclosure or formal discovery,
9. Property Distribution.
(a) Senarate property. All property that was acquired separately by either of
the Parties prior to the marriage or after separation shall remain the separate property of
Page 4
r
that Party and all property that was acquired by gift or inheritance shall remain the
separate property of the Party who received the property by gift or inheritance.
(b) Marital propertv. Husband and Wife acknowledge that, during the term of
their marriage, they acquired property that constitutes "marital property," as that term is
used and defined in the Divorce Code. Husband and Wife hereby acknowledge and agree
that any and all property, real or personal, tangible or intangible, contingent, disputed or
unliquidated, without limitation by specification herein, owned or acquired by both or
either of them during their marriage or that otherwise qualifies as marital property shall
be equitably divided between them as provided in this Agreement. Each Party shall keep
and retain as his or her separate property all such equitably divided marital property as
provided in this Agreement.
(c) Waiver of interest in seoarate propertv. Husband and Wife hereby
specifically release and waive any and all right, title, interest or claim that he or she has,
had, may have, might have had, or might now or hereafter have as to the whole or any
part of property of the other that is separate property or that is marital property that is or
will be distributed to him or her pursuant to this Agreement and, with respect to such
property, each Party agrees to indemnify and hold harmless the other Party from and
against any liability, cost or expense relating thereto or connected therewith from and
after the Effective Date.
(d) Specification oforooertv distributed. Husband and Wife hereby agree that
the marital property shall be distributed to the Party and in the marmer set forth below.
Husband and Wife acknowledge that the within specification does not constitute a
complete list of martial property distributed between them, but the Parties acknowledge
Page 5
and agree that, under all of the surrounding facts and circumstances, including but not
limited to those facts and circumstances memorialized in this Agreement, and after giving
due respect to the independent advice of their respective legal counsel, they have
equitably divided all of the marital property and not only the property listed herein.
(i) Real Property. Husband and Wife hold legal title as tenants by the
entireties to a certain parcel of real property located at 835 Ridgewood Drive,
Mechanicsburg, Pennsylvania 17050 with improvements thereon, (the "Real
Property"), which has a fair market value of$185,900.00 and that is subject to a
mortgage and other liens of record in the approximate amount of$127,285.00.
I. Husband and Wife agree that the Real Property
shall be distributed to Husband, to have and to hold forever, in his
sole name and as his separate property.
2. Wife shall execute a Warranty Deed in the form
attached hereto as Exhibit "A"contemporaneously with Wife's
delivery of a signed original of this Agreement. Wife's Warranty
Deed shall bargain, sell, transfer, convey and set aside to Husband
all of Wife's right, title and interest in and to the Real Property,
and Wife's Warranty Deed shall forever waive, relinquish, and quit
claim to Husband any and all legal, equitable and other right, title
and interest that Wife has, had, may have had, or might have had in
the Real Property.
3. Husband's attomey shall hold Wife's Warranty
Deed in escrow, but shall not record Wife's Warranty Deed or
Page 6
deliver Wife's Warranty Deed to Husband until Wife is released
from any and all liability for the current joint mortgage and
promissory note secured by the Real Property.
4. On or before the one hundred twentieth (120'h) day
following the Effective Date, Husband shall use his best efforts to
formally assume, refinance or otherwise satisfy or remove Wife's
name from the mortgage and promissory note that is secured by the
Real Property, such that Wife is released from any and all liability
for same. Husband shall be solely responsible for any and all costs
associated with his assumption or refinance of the joint mortgage
and promissory note secured by the Real Property pursuant to this
Agreement. Upon request, Husband shall produce to Wife written
proof of his application for refmance or formal assumption of the
mortgage and promissory note.
5. It is acknowledged by the parties that Husband has
had exclusive use and possession of the Real Property and it is
agreed that Husband shall be solely responsible for all expenses
related to his exclusive use and possession of the Real Property,
including, but not limited to, the Mortgage, real estate taxes,
insurance, utilities and the like, and Husband shall hold Wife
harmless from same. It is further agreed that all household utility
accounts not in Husband's name alone shall be transferred to
Husband's name alone within ten (10) days of the execution of this
Page 7
Agreement. Wife agrees that as of the date of execution of this
Agreement, any and all title policies and any other policies of
insurance with respect to the Marital Home shall be endorsed to
reflect Husband as the sole owner thereof and further agrees that
Husband shall be entitled to receive any payments now or hereafter
due under such insurance policies.
(ii) Personal Property. Except as specifically provided in this
Agreement, Husband shall keep and retain as his sole and separate property all of
the furniture, fixtures, household contents and personal property contained within
or located on the Real Property as of the date of the Effective Date. Wife hereby
conveys, transfers, and delivers to Husband all of her right, title and interest in
and to the said furniture, fixtures, household contents and personal property.
Wife hereby forever waives, relinquishes and quit claims to Husband any and all
of her right, title and interest that she has, had, may have, may have had, might
have had, or might now or hereafter have in the said furniture, fixtures, household
contents and personal property. This Agreement shall be sufficient evidence of
said transfer and may act as a Bill of Sale.
(iii) Motor Vehicles. The Parties own certain motor vehicles that are
marital property. The Parties agree to distribute the vehicles as follows:
1. Wife shall retain for her own use and disposition, the
1992 Geo Prism currently titled in Wife's name.
2. Husband shall retain for his own use and disposition the
1994 Toyota Pickup currently titled in Husband's name.
Page 8
3. Husband shall retain for his own use and disposition the
1997 Grand Voyager Plymouth currently titled
Husband's name.
(iv) Liability to Follow Title. Except as otherwise provided in
this Agreement, from and after the Effective Date, the Party having title to
a motor vehicle shall be solely responsible for all liabilities, fees, costs and
expenses connected with, associated with or relating to that motor vehicle,
including, without limiting the generality ofthe foregoing: all loan
payments, payments of principal and interest, late payment fees, finance
charges and the like; all registration costs, inspection costs, repair costs,
maintenance costs, operating expenses, licenses and fees; all sales taxes,
transfer taxes, use taxes, and all other taxes, levies, fees or fmes; all
insurance costs, insurance deductible payments and co-payments; and all
other liabilities, fees, costs and expenses, whether covered or not by any
policy of liability insurance. Each Party represents to the other Party that,
to the best of his or herknowledge, there are no outstanding liabilities
relating to any of the automobiles existing as of the date of execution of
this Agreement. Except to the extent that the foregoing representation is
false, the Party having title to a motor vehicle shall be solely liable for and
shall indemnify, defend and hold harmless the other Party of and from any
and all past, present or future liability associated with or relating to that
motor vehicle, including reasonable counsel fees and increased insurance
premiums due to any ofthe expenses set forth in the preceding sentence.
Page 9
lfthe Party having title to a motor vehicle as of the Effective Date (the
"PartY of the First Part") incurs any increase in insurance premium costs
as a result of any accident or claim in which the other Party (the "Partv of
the Second Part") was involved, the Party of the Second Part shall be
solely liable for and shall indemnify, defend and hold harmless the Party
of the First Part of and from any and all such increases in the insurance
premium costs of the Party of the First Part.
(v) Retirement Benefits and Savings. The Parties intend to
equitably divide the marital estate, in part, by mutually releasing and
waiving any interest that one Party has, may have or might have to
retirement or savings benefits held by the other Party.
1. Husband's Transfer, Release and Waiver to Wife.
Husband hereby irrevocably and unconditionally transfers,
bargains, sells and assigns to Wife, all right, title, estate, claim and
interest (collectively, "Interest"), both legal and equitable, known
and unknown, foreseen and unforeseen, matured and not matured,
fixed and contingent, vested and non-vested, alienable and non-
alienable, that Husband has, had, may have, might have, may have
had, might have had, or might now or hereafter have in and to any
and any and all savings, plans, funds, accounts, investments,
income, entitlements and benefits (collectively, "Benefits")
accrued or accruing to Wife's account, irrespective of how any
such Benefit is, was, has been, had been, will be or might be held,
Page 10
registered, named or titled, and irrespective of whether any such
Benefit arises on account of or pursuant to any employment
relationship, group plan, collective bargaining agreement, club or
organization membership, or any federal, state or local, executive,
legislative, regulatory, military, administrative, judicial or quasi-
judicial law, rule, regulation, treaty, constitution, statute,
ordinance, order, decree, policy, practice or procedure, and
irrespective of whether any such Benefit is dependent upon or
related to age, health, position, income, contribution, tenure or
vesting, and irrespective of how any such Benefit is established,
funded or maintained, which Benefit is in the nature of a retirement
benefit, pension benefit, social security insurance benefit, social
security disability benefit, savings account, plan qualified under
section 401(k) of the Internal Revenue Code ("Code") or under any
other past, present or future section of the Code, including, but not
limited to any qualified Individual Retirement Savings Account
("IRA"), Thrift Savings Plan ("TSP"), including a TSP qualified
under 5 V.S.C. SS 8435(c) and 8467 and 5 C.F.R. part 1653,
subpart A, Health Savings Account ("HSA"), Medical Savings
Account ("MSA") and Flexible Spending Account ("FSA"), and
any non-qualified savings plan or other Benefit of a similar or
different nature. Husband hereby irrevocably and unconditionally
releases and waives any and all Interest in Wife's Benefits and
Page 11
shall, from time to time, upon reasonable demand by Wife for
same, execute and deliver to Wife any and all documents needed to
effectuate the intent of this provision.
2. Wife '5 Transfer, Release and Waiver to Husband.
Wife hereby irrevocably and unconditionally transfers, bargains,
sells and assigns to Husband, all right, title, estate, claim and
interest (collectively, "Interest"), both legal and equitable, known
and unknown, foreseen and unforeseen, matured and not matured,
fixed and contingent, vested and non-vested, alienable and non-
alienable, that Wife has, had, may have, might have, may have
had, might have had, or might now or hereafter have in and to any
and any and all savings, plans, funds, accounts, investments,
income, entitlements and benefits (collectively, "Benefits")
accrued or accruing to Husband's account, irrespective of how any
such Benefit is, was, has been, bad been, will be or might be held,
registered, named or titled, and irrespective of whether any such
Benefit arises on account of or pursuant to any employment
relationship, group plan, collective bargaining agreement, club or
organization membership, or any federal, state or local, executive,
legislative, regulatory, military, administrative, judicial or quasi-
judicial law, rule, regulation, treaty, constitution, statute,
ordinance, order, decree, policy, practice or procedure, and
irrespective of whether any such Benefit is dependent upon or
Page 12
related to age, health, position, income, contribution, tenure or
vesting, and irrespective of how any such Benefit is established,
funded or maintained, which Benefit is in the nature of a retirement
benefit, pension benefit, social security insurance benefit, social
security disability benefit, savings account, plan qualified under
section 401(k) of the Internal Revenue Code ("Code") or under any
other past, present or future section of the Code, including, but not
limited to any qualified Individual Retirement Savings Account
("IRA"), Thrift Savings Plan ("TSP"), including a TSP qualified
under 5 D.S.C. SS 8435(c) and 8467 and 5 C.F.R. part 1653,
subpart A, Health Savings Account ("HSA"), Medical Savings
Account ("MSA") and Flexible Spending Account ("FSA"), and
any non-qualified savings plan or other Benefit of a similar or
different nature. Wife does hereby irrevocably and
unconditionally release and waive any and all Interest in
Husband's Benefits and Wife shall, from time to time, upon
reasonable demand by Husband for same, execute and deliver to
Husband any and all documents needed to effectuate the intent of
this provision.
3. Domestic Relations Order. The sum of Fifty-seven
Thousand One Hundred Twenty-one Dollars ($57,121.00) shall be
paid to Wife from Husband's Thrift Savings Plan. In order to
accomplish this transfer, the parties shall sign the Stipulation
Page 13
attached hereto as Exhibit B which requests that the Court enter the
attached Retirements Benefit Court Order as an Order of Court,
also included as part of Exhibit B. Tbe Stipulation and proposed
Order will be forwarded to the Court for signature simultaneously
with the Praecipe to Transmit tbe Record. Once the Order is
signed, it will be forwarded to the Thrift Savings Plan Processing
Dnit for implementation as soon as administratively possible.
4. Alienation; Cooperation; Tender. To the fullest
extent permitted by law, either Party may alienate any Interest in a
Benefit accruing to his or her account, including, without limiting
the generality of the foregoing, by way of loan, withdrawal,
liquidation, hypothecation, assignment or transfer, free and clear of
interference or objection from the other Party.
(vi) Bank Accounts. Husband and Wife jointly own or owned
cbecking and/or savings account at Citizens Bank and at Members 1st
Bank, which, as of May 22, 2005 had the following balances:
Combined
Financial Account Account Balance as of
Institution Ownership Number Account Type Status Mav 22, 2005
Citizens
Bank Joint 620422-281-7 Checking OPEN $3,450.50
Members 1 st Joint 73081 Checking/Savings CLOSED $3,062.59
Members 1st Joint 73278 Checking/Savings CLOSED $2,375.55
Members 1 st Joint 163547 Savings OPEN $1,867.40
Page 14
"
The Members 1st FCU accounts Numbered 73081 and 73278 sball be distributed to
Husband. The Citizens Bank account No. 620422-281-7 shall be distributed to Husband. Wife
acknowledges already receiving the Members 151 FeD No. 163547.
(vii) After-Acquired Property. Each Party shall hereafter own
and enjoy, independently of any claim or right of the other, all property
acquired by him or her after execution of this Agreement, with full power
in him or her to dispose ofthe same as though he or she were unmarried.
10. Alimony/Support.
(a) Release and Waiver of claims. Husband and Wife represent and
acknowledge that each of them has sufficient property to provide for his or her reasonable
needs and that they are able to support themselves through appropriate employment.
Therefore, notwithstanding anything to the contrary contained in Pennsylvania law
including, without limitation, the Divorce Code, Wife and Husband expressly release,
remise and discharge the other Party from any and all obligations and duties owed by one
Party to the other, and Wife and Husband expressly relinquish, extinguisb and waive any
and all right( s) or claim( s) which she or he has, had, may have, might have had, or might
now or hereafter have to alimony, alimony pendente lite, spousal support, maintenance,
dower or curtesy and/or any other benefit or benefits of a like or similar nature that result
from or arise out of any asserted need or from or as a result of the Parties' status as
Husband and Wife or as former Husband and former Wife.
(b) Effective Date of Release and Waiver. Husband and Wife agree that the
release and waivers provided-for in the foregoing paragraph shall be effective on the date
of execution of this Agreement.
Page 15
/1'
(c) Health Insurance and Medical Expenses. Husband maintains health and
dental insurance through his employer, for Husband, Wife and the parties' children.
Husband shall continue to maintain health and dental insurance for Wife at Husband's
expense, if any, until the parties' Divorce Decree is entered. Thereafter Wife shall be
solely responsible for Cibtaining health insurance coverage for herself at her own expense.
Wife Shil'L be solely responsible for any co-pays and unreimbursed medical expenses that
she incur~., whether incurred before or after the date of the Divorce Decree.
11. Debt. During t!)e term of the marriage and prior to the date of this Agreement,
the Parties incurred certain debt in the form of a mortgage loan on the Real Property; the Parties
incurred certain ether debt in joint names; Wife incurred certain debt in her sole name; Husband
incurred certain debt in his sole name; and the Parties jointly incurred liability for payment of
income taxes and other taxes.
(a) Mortgage and Real Propertv Expenses. The parties agree that Husband
shall be solely responsible for the pay-off of the mortgage, including the principal amount
and any i lterest, finatlCe charges, penalties, fees and costs associated therewith, if there
be any, ~l1ld Husband shall also be solely responsible for any and all other expenses
associated with the Real Property including, but not limited to, the real estate taxes,
insurance, utilities, and all costs associated with the refinance or sale of the Real
Property.
(b) Joint Debt. The Parties acknowledge that, during the marriage, Husband
and Wife incurred debt in their joint names. Effective as of the date of separation of the
parties, May 22, 2005, each party shall only use those credit accounts or incur such
further obligations for which that party is individually and solely liable and the parties
Page 16
shall cooperate in closing any remaining accounts which provide for joint liability, with
the exception of the joint mortgage and promissory note secured by the Real Property
which shall be satisfied as stated in paragraph 9( d)(i) and its subparts. Neither party shall
make any further cbarges on any joint debt for which the other party may be responsible,
and if said charges are made in violation of this Agreement, then the party incurring said
charge sball immediately repay the same. Any liability not disclosed in this Agreement
shall be the sole responsibility of the party who has incurred or may hereafter incur it,
and the party incurring or having incurred said debt shall pay it as it becomes due and
payable.
(c) Wife's Debt. The Parties acknowledge that, during the marriage, Wife
incurred certain debt in her sole name. The Parties hereby agree that Wife shall hereafter
assume responsibility for payment of the entire principal amount and any interest, finance
charges, penalties, fees and costs associated therewith on the debt that Wife incurred in
her individual name.
(d) Husband's Debt. The Parties acknowledge that, during the marriage,
Husband incurred certain debt in bis sole name. The Parties agree that Husband shall
hereafter assume responsibility for payment of the entire principal amount and any
interest, finance charges, penalties, fees and costs associated therewith on the debt that
Husband incurred in his individual name.
(e) Tax Liabilitv. The parties have heretofore filed joint federal and state tax
returns. Both parties agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made against either of them,
each will indemnify and hold harmless the other from and against any loss or liability for
Page 17
breach, including, but not limited to, counsel fees and costs relating to such breach, whether or
not litigation is instituted.
20. Integration. This Agreement constitutes the entire understanding of the Parties
and supersedes any and all prior agreements and negotiations between them. There are no other
oral or written agreements, promises, representations, terms, covenants, conditions, or warranties
of any nature whatsoever, express or implied, other than those expressly set forth in this
Agreement.
21. Severability. If any provision of this Agreement sball be finally determined by
any court of competent jurisdiction to be invalid, then only that provision shall be stricken from
this Agreement and in all other respects this Agreement shall be valid and shall continue in full
force and effect. The failure of a Party to meet her or his obligations under any provision of this
Agreement, with the exception of the satisfaction of the conditions precedent, sball in no way
void or alter the remaining obligations of the Parties.
22. Agreement Binding on Heirs. The terms, provisions and conditions of this
Agreement shall be binding upon any and shall inure to the benefit of the heirs, executors,
administrators, successors or assigns of the respective Parties hereto, except as otherwise herein
provided.
23. Death Prior to Divorce. This Agreement shall remain in full force and effect
even if one of the Parties dies prior to the date of entry of a final Decree in Divorce.
24. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania.
Page 21
25. Headings Not Part of Agreement. Any headings preceding the text of any of
the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of
reference, shall not constitute a part of this Agreement and shall not affect its interpretation.
26. Contract Interpretation. For purposes of contract interpretation and for the
purpose of resolving any ambiguity in this Agreement, Husband and Wife agree that this
Agreement was prepared by the joint efforts of the respective Parties.
27. Address of Parties. As long as any obligations remain to be performed under
this Agreement, each Party shall have the affirmative obligation to keep the other Party informed
of his or her residence and mailing address, and each Party shall promptly notify the other in
writing of any change of residence or mailing address.
28. Connterparts. This Agreement may be executed in counterparts, each of which
shall be an original and which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and
By:
~<. {j CMf
W TNESS -
~cr-
Page 22
'; .
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF .C1JMBERLAND
On this, the~ day of ~ ' 2006, before me, a Notary Public in and for
the aforesaid Commonwealth arid C ty, personally appeared RANDY S. GEORGE, known to
me to be the person whose name is subscribed to tbe within Agreement and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
:n~ 9{)fld~
~y Public
COMMONWEALTH OF PENNSYLVANIA
NcmiaI Seal
Sara J. AndI8I. Notary Public
~rg. DauphinCounly
ExpIres Jan. 8, 2008
Member, Pennsylvania ASSOCIation Of Notaries
Page 23
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the Nt'day of ~ I.<.Vt ,2006, before me, a Notary Public in and for
tbe aforesaid Commonwealth and County, personally appeared PAULA J. GEORGE, known to
me to be the person whose name is subscribed to the within Agreement and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Page 24
Exhibit A
WARRANTY DEED
Page 25
" .. "
7/28/20063:18:47 PrtJAVUsmm
Prepared By:
Smigel, Anderson & Sacks, LLP
4431 North Front Street
Harrisburg, P A 17110
Return To:
Smigel, Anderson & Sacks, LLP
4431 North Front Street
Harrisburg, PA 17110
ParcelId# :
Property Address: 835 Ridgewood Drive, Mechanicsburg, P A 17050
TillS DEED
MADE THE
and six (2006)
DAY OF
in the year of our Lord two thousand
BETWEEN RANDY S. GEORGE and PAULA J. GEORGE, of Cumberland
County, Pennsylvania, hereinafter "Grantors"
AND
RANDY S. GEORGE, an adult individual, hereinafter "Grantee"
~
WITNESSETH, that in consideration of ONE DOLLAR ($1.00) and other good and
valuation consideration, the receipt whereof is hereby acknowledged, the said Grantors do
hereby grant and convey to the said Grantee, his heirs and assigns, in sole tenancy,
ALL THAT CERTAIN lot or piece of ground with the improvements thereon
erected situate in the Township of Hampden, County of Cumberland and Commonwealth of
Pennsylvania, bounded and described in accordance with a Subdivision Plan of Laurel Hills,
Section 16, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Plan Book 13, Page 27, as follows, to wit:
BEGINNING at a concrete monument set on the West side of Ridgewood Drive fifty
(50) feet wide, a comer of Lot No. 231; thence extending from said beginning concrete
monument and measured along tbe West side of Ridgewood Drive, Soutb eighteen (18) degrees
twenty (20) minutes forty-five (45) seconds East, one hundred and no one-hundredths (100.00)
feet to a stake, a corner of Lot No. 233; thence extending along said lot, South seventy-one (71)
degrees thirty-nine (39) minutes fifteen (15) seconds West, one hundred and no one-hundredths
(100.00) feet to a stake set in a line of Deimler Manor; thence extending along same, North
eighteen (18) degrees twenty (20) minutes forty-five (45) seconds West, one hundred and no
l
. #'.
7/28/20063:18:47 PM/A VUsmrn
one-hundredths (100.00) feet to a stake, a comer of Lot No. 231 aforesaid; thence extending
along same, North seventy-one (71) degrees thirty-nine (39) minutes fifteen (15) seconds East,
one hundred and no one-hundredths (100.00) feet to a concrete monument and the place of
BEGINNING.
BEING Lot No. 232 (as shown on said plan), house number 835 Ridgewood Drive.
BEING the same premises which Edward J. Zimmer and Maureen Zimmer, husband
and wife, by their deed dated February 20,2002 and recorded on February 21, 2002 in the Office
for tbe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 250 at
Page 2248, granted and conveyed unto Randy S. George and Paula J. George, husband and wife,
Grantors herein.
UNDER AND SUBJECT, NEVERmELESS, to all restrictions, reservations,
conditions, covenants, easements and rights of way of prior record.
The purpose of this Deed is to relinquish all right, title and interest in the property
which Paula J. George may have pursuant to divorce proceedings between the parties
hereto indexed to No. 05-3552 Civil filed in the Office of the Prothonotary of Cumberland
County, Pennsylvania, which proceedings are still pending.
THIS IS A CONVEYANCE BETWEEN HUSBAND AND WIFE TO
HUSBAND AND IS THEREFORE EXEMPT FROM THE PAYMENT OF
PENNSYV ANIA REALTY TRANSFER TAX.
AND the said Grantors hereby covenant and agree that they will warrant specially the
property hereby conveyed.
IN WITNESS WHEREOF, said Grantors have hereunto set tbeir hands and seals
the day and year first above written.
SEALED AND DELIVERED
IN THE PRESENCE OF:
{ seal}
Randy S. George
{seal}
Paula J. George
.1 .. IJ.., ...
7/28/20063:18:47 PM/A VUsmm
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF
On this, the day of , 2006, before me a Notary Public, in and
for the Commonwealth of Pennsylvania, the undersigned officer personally appeared Randy S.
George, known to me {or satisfactorily proven} to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
. ...I.
7/28/20063:]8:47 Pl\.I/AVUsmm
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF CUMBERLAND
On this, the day of ,2006, before me a Notary Public, in and
for the Commonwealth of Pennsylvania, the undersigned officer personally appeared Paula J.
George, known to me {or satisfactorily proven} to be the person whose name is subscribed to the
within instrument and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
I hereby certify that the precise residence and complete post office address of the within
named Grantee is 835 Ridgewood Drive, Mechanicsburg, P A 17050.
Attorney for Grantee
Please Return To:
Ann V. Levin, Esquire
Smigel, Anderson & Sacks, LLP
4431 North Front St., 3rd FIr.
Harrisburg, P A 17110-1709
'. ~ """. ..
Exhibit B
RETIREMENT BENEFITS COURT ORDER
Page 26
.:'. ~, .
PAULA J. GEORGE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3552 CIVIL
RANDY S. GEORGE,
DEFENDANT
: CML ACTION - DIVORCE
RETIREMENT BENEFITS COURT ORDER
AND NOW this
day of
, 2006, based upon the findings
set forth below, it is hereby Ordered and Decreed:
1. This Order applies to the Thrift Savings Plan for federal employees.
2. The Thrift Savings Plan Participant is Randy S. George. His current address is
835 Ridgewood Drive, Mechanicsburg, P A, 17055. His social security number is 183-52-4517
and his date ofbirtb is September 1, 1963.
3. Payee is Paula J. George, whose current address is 439 Virginia Road,
Mechancisburg, P A, 17050. Her social security number is 195-62-8583 and her date of birth is
February 22, 1967.
4. This Order assigns to the Payee an amount equal to $57,121.00 from the
Participant's Thrift Savings Plan, Account # 183524517.
5. Payee shall be responsible for any tax consequences incurred as a result of the
transfer required by this Order.
7. The parties are directed to timely submit all documents, including releases, which
are required to finalize this Order.
8. This Order is entered pursuant to the authority granted in the applicable domestic
relation laws of Pennsylvania.
-. .
Order.
9. This Court reserves jurisdiction to issue further orders as needed to execute this
BY THE COURT:
1.
0Le,.1 .
".'~
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 CIVIL
PAULAJ. GEORGE,
PLAINTIFF
RANDY S. GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
STIPULATION
AND NOW, this
day of
, 2006, the parties and
counsel for the parties in tbe above referenced action hereby stipulate and agree that the Order
attached hereto maybe adopted as a Court Order.
SMIGEL, ANDERSON & SACKS, LLP
By:
-
Linda A. Clotfelter, Esq. ill #
5021 East Trindle Road, Ste. 100
Mechanicsburg, PA 17050
(717) 796-1930
Attorney for Piaintiff
Ann Levin, Esquire ID #70259
4431 North Front Street, 3'd Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Defendant
PAULAJ. GEe'RGE
RANDY S. GEORGE
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 CIVIL
PAULAJ. GEORGE,
PLAINTIFF
RANDY S. GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: The Complaint was served via certified
mail on the Defendant on July 22,2005. A correct copy of the Affidavit of Service is attached
hereto.
3. (a) Date of execution of the Affidavit of Consent required by g3301(c) of the Divorce
Code: by Plaintiff on August 14, 2006; and by Defendant on August 22, 2006.
(b) (1) Date of execution of the affidavit required by S3301(d) of the Divorce Code: NtA.
(2) Date of filing and service of the Affidavit upon the respondent: Nt A.
4. Related claims pending: None.
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: N/A.
(b) Date Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe.
(c) Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe.
y -.L<{-OJ,
DERSON & SACKS, LLP
u6
Ann . Levin, Esquire LD.#: 70259
4431 North Front Street
Harrisburg, P A 17110
(717) 234-2401
Attorney for Defendant
Date:
By:
08/08/2005 13:54
71 76051906
NAVICP
PAGE 62/El3
'''--'''- )
PA~J.GEORGE.
PImntiff,
: IN THE COURT OF COMMON PLEAS OF ,.
: CuMBERLAND COUNTY, PENNSYLVANIA
VI.
.
.
: NO. 05-3S52 Civil
RANDY s. GEORGE,
Defendant
.
: CIVIL ACTION - LAW
: IN DIVORCE
~FDtA VlT OF SERVI~
1, Linda A. Clotfelter, Esquire, COUDSCl for Plaintiff, Paula J. George, do hereby affhm
that set forth below is the original xetum receipt of the Complaint for Divorce that was sent to
Defendant by Certified Mail, Restricted Delivery, Return R.eceipt Requested. which appears to
contain the signature of DefeMant, Randy S. Geotgc, indicating that Defendant received same
on July 22, 2005. The UDdeJ:signed understands that the statements hmin are made subject to
thepei1altiC$ of 18 P.S. 04904 rellori"sto ~m f'a.lsification.to:~borities.
. CompIU ~ ,. t,..." s.. Alae> aampleta
. 118m 4 II RIIllIc:lIcI o.llvl/Y I. dMIred.
. Prlnl~n__Cd_onlhol_....
00 lhIII... con ...,m tho oon:t to)'llU.
. AttoolIlIU1I oltll to l!1e bOOk uf tho mollpl_.
or on 1M '""" IIIp1M ponnlla.
1, MloraA<l._IO'
.,......,~..
Randy S. George
835 Ridpwood Drive
Meeblnicsburg, PA 17055
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R.espeetfu11y submitted,
LAW OFFICE OP LINDA A. CLOTFELTER
Dated: 7/ A 1/0'1
A. Clotfelter. squue
ltOmey ID No. 72963
5021 East Tnlldlc Road, Suite 100
Mcchanicsbur8. PA 17050
(717) 796.1930
A.ttorney for Plaintift'
PAGE 03/e13
0B/elB/2005 13:54
7176851986
NAVICP
PAULA J. GEORGE,
PlalDtiff,
: IN THE COUllT or COMMON PLEAS OF
: CUMBERLAl'm COUNTY, PENNSYLVANIA
:
vs.
: NO. 05-3551 CivO
RANDY S. GEOR.GE,
Deleadaat
.
.
: CIVIL ACTION - LAW
:' IN DIVORCE
gs,TlfICATEJ)F ~~
J...17
hereby certifies that a true and correct copy of the foregoing APFIDA vrr OF SERVICE was
AND NOW, tbis 117"" day of
-
. 2005, the undersigned
served upon the opposins party by Unill:d States First Class Mail, postage prepaid:
Randy S. George
835 Ridgewood Drive
Medlanicsburg, PA 17055
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
a A. Clotfelter, Esquire
Att ID No. 72963
East Trindle Road. Suite 100
McE;banicsburg, PA 1.7050
(117) 796-1930 tdepboDe
(117) 796-1933 tloc.oiruile
A~rney for Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3552 CIVIL
PAULA J. GEORGE,
PLAINTIFF
RANDY S. GEORGE,
DEFENDANT
: CIVIL ACTION - DIVORCE
RETIREMENT BENEFITS COURT ORDER
AND NOW this 3\.st day of
14 <> 0 '" SoL 2006, based upon the findings
set fortb below, it is hereby Ordered and Decreed:
1. This Order applies to the Thrift Savings Plan for federal employees.
2. The Thrift Savings Plan Participant is Randy S. George. His current address is
835 Ridgewood Drive, Mechanicsburg, P A, 17055. His social security number is 183-52-4517
and his date ofbirtb is September 1, 1963.
3. Payee is Paula J. George, whose current address is 439 Virginia Road,
Mechancisburg, P A, 17050. Her social security number is 195-62-8583 and her date ofbirtb is
February 22, 1967.
4. This Order assigns to the Payee an amount equal to $57,121.00 from the
Participant's Thrift Savings Plan, Account # 183524517.
5. Payee shall be responsible for any tax consequences incurred as a result of the
transfer required by this Order.
7. The parties are directed to timely submit all documents, including releases, which
are required to finalize this Order.
8. This Order is entered pursuant to the authority granted in the applicable domestic
relation laws of Pennsylvania.
-'
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9. This Court reserves jurisdiction to issue further orders as needed to execute this
Order.
BY THE COURT:
- J.
.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
PlWIA J. Qnr.F.
No. 05 - 3552 CIVIL TJRI
VERSUS
RAWY S. GI!IHiE
DECREE IN
DIVORCE
AND NOW,
~~.;>s1 "Sl
, 7oo~ IT IS ORDERED AND
DECREED THAT
Paula J. George.
, PL.AINTIFF,
AND
Rarrly S. George
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOL.L.OWING CL.AIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL. ORDER HAS NOT
YET BEEN ENTERED;None.
It is further ORDERED arrl DEX::REED that the Marital Settlerrent Acu:eerrent
executed by arrl between the parties, dated August 22, 2006, is incorporated
py reference into this ~ for the plI!pOses of enforcement, but shall NO!'
be ~ tn h""", hoAn with thif' flP<-n><>
J.
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