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HomeMy WebLinkAbout05-4332McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5479 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff V. SCOTTE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.9 - x/22 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 0uL-?` 1 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or(800)990-9108 McNEES WALLACE & NURICK LLC By PUMP (6?- ?' Pamela L. Purdy Attorneys for Plaintiff -2- McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5479 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff V. SCOTTE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DS-4332,, 00.1 IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Stacey A. Thomas, who currently resides at 1367 Yorktowne Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Scotte Lamont Thomas, who currently resides at 1367 Yorktowne Road, Mechanicsburg, PA 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 25, 1992, at Harrisburg, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 8. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II- EQUITABLE DISTRIBUTION 10. Plaintiff incorporates by reference paragraphs I through 9 of this Complaint. 11. Plaintiff and Defendant possess various items of both real and personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. -2- COUNT III- COUNSEL FEES, COSTS AND EXPENSES 12. Plaintiff incorporates herein by reference paragraphs 1 through 11 of this Complaint. 13. Plaintiff has employed Pamela L. Purdy, Esquire, to represent her in this matrimonial cause. 14. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 15. Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. 16. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff requests that pursuant to §§ 3104(a)(1), 3323(b), 3702 and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. COUNT IV - REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING HEALTH AND LIFE INSURANCE POLICIES UNDER SECTION 3502(D) OF THE DIVORCE CODE 17. Plaintiff incorporates herein by reference paragraphs 1 through 16 of this Complaint. 18. During the course of the marriage, Defendant has maintained certain life insurance policies for the benefit of Plaintiff and the children of the parties. -3- 19. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies for the benefit of Plaintiff and the children of the parties. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life insurance policies for the benefit of Plaintiff and the children of the parties. McNEES WALLACE &NNURICK LLC Y 3m'W& -L` B C Pamela L. Purdy Attorneys for Plaintiff Dated: August 22, 2005 -4- VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: sI 8 I d'? U1 c? c'. %.r ?r -"t`t McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv(o)mwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTTIE LAMONT THOMAS, Defendant NO. 05-4332 IN DIVORCE AFFIDAVIT OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Scotte Lamont Thomas, by hand delivery, on August 29, 2005. Sworn to and subscribed before me 1-v^ thisol 6 day of ALTAuA. , 2005 My Commission Expires: NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill SOro, Cumberland County My Commission Expires April 14, 2007 ? o O „ Ok, ?n r o <7 ra7 O McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy(c-bmwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff V. SCOTTIE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4332 IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF REQUESTING INTERIM EXCLUSIVE POSSESSION OF THE MARITAL HOME PURSUANT TO PA CS G 35020 AND NOW, this 2nd day of November, 2005, comes Plaintiff, Stacey A. Thomas, by her attorneys McNees Wallace & Nurick LLC, files the within Petition for interim exclusive possession of the marital home, and in support thereof, avers as follows: 1, Plaintiff is Stacey A. Thomas, who currently resides at 1367 Yorktowne Road, Mechanicsburg, Cumberland County, Pennsylvania ("Marital Horne"). 2. Home. 3. Pennsylvania. 4. Defendant is Scotte Lamont Thomas, who currently resides at the Marital The parties hereto were married on July 25, 1992 in Harrisburg, The parties are the parents of the following unemancipated children, who reside at the Marital Home: (a) Kayla Thomas, born 4/4196; (b) Rysa Thomas, born 6/16198; and (c) Devyn Thomas, born 12/17/00. 5. On August 23, 2005, Plaintiff filed a Complaint in Divorce against Defendant in Cumberland County, Pennsylvania. 6. Concurrently with the filing of this Petition, the Plaintiff is filing a Complaint for Custody of Kayla Thomas, Rysa Thomas and Devyn Thomas. 7. The Marital Home is owned by the parties as tenants by the entireties. 8. The children have resided exclusively at the Marital Home since birth. 9. Unless Plaintiff and the parties' children are permitted exclusive possession of the Marital Home, the mental and emotional health and welfare of Plaintiff and the children will be adversely effected and will result in irreparable harm to the children. 10. Petitioner has always been the primary caregiver of the parties' children. 11. An award of exclusive possession of the Marital Home will avoid uprooting the parties' children from the Marital Home and will end the tension, stress and conflicts that exists because of Defendant's behavior while residing at the Marital Home. 12. Defendant has engaged and is engaging in a course of conduct that is made and makes the conditions under which the Plaintiff and the parties' children are living intolerable, burdensome and unhealthy for the children and Plaintiff. Illustrations of such conduct are the following: (a) Defendant regularly screams at Plaintiff in front of the children, calling her a thief and spelling the word "whore." (b) Defendant engages in inappropriate discussions with the parties' oldest daughter regarding the parties' marital problems. Defendant has stated things like "Mommy stole money from me," "It's mommy's fault that we're getting divorced," 2 "Mommy's family was mean to me," and "Did something to me years ago, so I won't go visit their house anymore." (c) Defendant is often angry and yells "shut up" in front of and to the children. (d) Defendant frequently leaves the Marital Home at night, sometimes without telling Plaintiff. (e) Defendant's temper and the erratic behavior has caused at least two of the children to become very apprehensive of him and frequently not want to be alone with him. (f) Defendant refuses to participate in the household chores and maintenance and often refuses to communicate with Plaintiff. (g) Defendant speaks negatively about Plaintiffs family to the children. (h) Defendant has on at least one occasion recently threatened to "slash her throat" of Plaintiff while she is sleeping, and Plaintiff is fearful that if Defendant remains in the home, the tense situation may explode into a physical altercation. (i) On September 18,12005, Defendant told the parties' daughter a bedtime story about how "Mommy" accidentally set the house on fire, grabbed the kids, and left the house, leaving "Daddy" and the family's cat in the house. Defendant told the parties' daughter that after "Mommy" left, she remembered the cat and called the Fire Department to come rescue the cat, but that "Daddy" was forgotten and had to crawl out of the basement window to escape the fire. 13. Plaintiff has requested Defendant to voluntarily agree to vacate the Marital Home so that Plaintiff and the children can have exclusive possession of it. Defendant has refused all such requests. 3 14. Section 3502(c) of the Divorce Code states "[t]he Court may award, during the pendency of the action or otherwise to one or both of the parties the right to reside in the Marital Home. 23 Pa. C.S. § 3502(c). 15. Section 3323(f) of the Divorce Code states: In all matrimonial causes, the court shall have full equity power in jurisdiction, and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 23 Pa. C.S. § 3323(f). WHEREFORE, Plaintiff Stacey A. Thomas, respectfully requests this Honorable Court grant her and the parties' children interim exclusive possession of the Marital Home until the conclusion of the divorce proceedings. Respectfully submitted, McNEES WALLACE & NURICK LLC By PWJ?L ? , Pamela L. Purdy Counsel to the Plaintiff Dated: NoytW,,s,, 7/ ZODS5 4 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 11/1/05 F? ? Z ? l 1 ?? ?T t + -. ?L [. ? C J -+' -41 ? C> ?+- ?Z ?' ? (.3 .. !ti] - v C __ u, NCV ,1 2005 -I 4? R ? ? i McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv(o)mwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff v. SCOTTE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4332 IN DIVORCE ORDER AND NOW, thisoday of 2005, upon consideration of the within Petition for Interim Exclusive Possession of the Marital Home filed by Plaintiff Stacey A. Thomas, it is hereby ORDERED and DECREED that a hearing is scheduled for OVNJ JVd VEn-AO& 1 2005,x: Xo'cIock jem. in Courtroom No. ?. Cq. 0 THE COURT: i J. ?M1 ?, ? r q. ?^? ?q7 y. ,,, ?,??L ? A?f_,i`,'._?! a gyn. 'L ??:, SCOTTE L. THOMAS : IN COURT OF COMMON PLEAS PENNSYLVANIA Defendant : CUMBERLAND COUNTY : No. l5?32?Z : CIVIL ACTION- LA STACEY A. THOMAS Plaintiff : IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTTE L. THOMAS : IN COURT OF COMMON PLEAS PENNSYLVANIA Defendant : CUMBERLAND COUNTY : No. d '4"= c/ 3.2 : CIVIL ACTION- LAW STACEY A. THOMAS Plaintiff : IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND DEFENDANT'S COUNTER-CLAIM FOR SPECIAL RELIEF AND NOW comes Defendant, Scotte Lamont Thomas, by and through his attorneys Rupp and Meikle P.C. and Richard C. Rupp, Esquire who files within Answer and Counter-claim for Special Relief and is support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The Defendant is without sufficient knowledge or information to form a belief as to the truth to the averments of Plaintiff and they are therefore denied and strict proof is demanded at trial. 7. Admitted. 8. Admitted. 1 9. Denied. It is Denied that unless Plaintiff and the parties' children are permitted exclusive possession of the marital home, the mental and emotional health of Plaintiff and the children will be adversely affected and will result in irreparable harm the children. To the contrary, the parties' are cohabitating peacefully and in harmony at the parties' marital home with their children without disruptions adverse effects or irreparable harm to the children. Further, the parties may have one or two arguments per month, but these are not screaming matches that disrupt the peace of the marital home. The parties have attempted to maintain any arguments away from their children and in fact, Defendant has custody of their minor children when the Plaintiff is out of the marital home which is approximately fifty percent (50%) of the time and in the other fifty percent (50%) of the time the Defendant is home with his children and with the Plaintiff. So therefore the Defendant is actually with the parties minor children most if not all the time that they are not in school etc., as opposed to the Plaintiff. This situation of the Defendant taking care of the children is directly contradictory to the Plaintiff's averments. 10. Admitted in part denied in part. It is admitted that during their childrens' lives the Plaintiff has been a primary care giver of the parties children. It is denied that the Petitioner has been the only primary care giver of the parties children. To the contrary, the Defendant has been also a primary care giver to the parties children on either a 50/50 basis or almost practically a 50/50 basis. 11. Denied. It is denied that the Defendant has engaged and is engaging in a course of conduct that has made and makes the conditions in which the Plaintiff of the parties children intolerable, burdensome, and unhealthy for the children and Plaintiff. To the contrary, the Defendant has not engaged or is not engaging in any course of conduct that has made and makes the conditions in which the Plaintiff and the parties children are living intolerable, burdensome, and unhealthy for the children and the Plaintiff. 2 To the contrary, the Defendant is acting very peaceably and in harmony with the situation in the marital home so as to maintain a peaceable and harmonious relationship among all of the parties including the Plaintiff and the parties children. 12. A. It is denied that Defendant rarely screams at Plaintiff in front of the children, calling her a thief and spelling the word "W-H-O-R-E." To the contrary, the Defendant does not scream at all at Plaintiff either in front of the children or otherwise. It is denied there is a regular course of conduct by Defendant to scream at Plaintiff. To the contrary as stated above the Defendant does not scream at Plaintiff and the arguments are essentially peaceable in the marital home. Furthermore, the arguments are not in front of the children. It is admitted that Defendant called Plaintiff a thief. It is denied that the Defendant spelled the word "WHORE." To the contrary, when Defendant questioned the Plaintiff's morals and integrity during an argument in front of the children the Plaintiff insisted that the Defendant state his characterization of her and in pointing to the children the Defendant indicated he was extremely reluctant to verbalize his characterization of the Plaintiff, so she asked him what letter the word for characterization began with and he quietly gave her the letter "W," but no further letters etc. This was in front of the children and the Defendant stopped where he did because it was in front of the children. B. Denied. It is denied that the Defendant engaged inappropriate discussions with parties oldest daughter regarding the parties marital promise. To the contrary, the Defendant is honest with the parties oldest daughter and that she knows there is a separation occurring between her mother and father, however, details, specifics, etc. where not stated whatsoever to the daughter. It is denied that the Defendant has stated things like Mommy stole money from me. To the contrary, the Defendant did not word it the way the Plaintiff has written it in her pleading. To the contrary, the Defendant told his daughter that an incident had occurred involving the parties monies and that is why a divorce is occurring, but that is all the Defendant stated. 3 It is denied that Defendant has stated its mommy's fault we are getting divorced. To the contrary, the Defendant when asked if the parties were getting divorced usually answers his daughter yes we are getting divorced or refers his daughter to the mother. When the Wife visits her family the Defendant does not go along. When the children ask why the Defendant does not go along to visit the Wife's family the Defendant replies that the Wife's family doesn't seem to like the Defendant so he just doesn't go along. C. Admitted in part. Denied in part. It is admitted that the Defendant yells shut-up in front of and to the children. It is denied that the Defendant is often angry and yells shut- up in anger. To the contrary, the Defendant is not often angry and does not yell shut-up in anger to the children or in front of the children. It is denied that the Defendant is the only one who yells shut-up to the children or in front of the children. To the contrary, the Plaintiff also yells shut-up in front of and to the children. D. Admitted in part. Denied in part. It is admitted that the Defendant sometimes leaves the marital home at night to return to his work or to go shopping, as Defendant has done throughout the marriage. It is denied that the Defendant frequently leaves the marital home at night. To the contrary, the defendant may leave the marital home once per week or sometimes twice per week to go to his place or to go shopping for the family. It is denied that sometimes Defendant leaves a marital home at night without telling the Plaintiff. To the contrary the Defendant either tells the Plaintiff or leaves a note for her as to his absence and where he is going. E. Denied. It is denied that the Defendant has a temper. To the contrary, the Defendant is a very calm and even tempered individual. The Plaintiff does have a temper. 4 It is denied that the Defendant engages in erratic behavior. To the contrary, the Defendant does not engage in erratic behavior. It is denied that the Defendants temper and erratic behavior have cause at least two (2) of the children become very apprehensive of Defendant and frequently the children do not wan to be alone with him. To the contrary, the children are not very apprehensive because of the Defendant and the children frequently are all right with being alone with the Defendant. To the contrary, the parties children seek out the Defendant to be with him especially when there are thunderstorms or the children cannot sleep. F. Denied. It is denied that the Defendant refuses to participate in the household chores and maintenance of the house and Defendant often refuses to communicate with Plaintiff. To the contrary, the Defendant does participate in the household chores and the household maintenance and the Defendant does communicate with the Plaintiff. The Defendant does the grass cutting sometimes the cooking and the cleaning up the dishes and other chores on the house. The Defendant also communicates with the Plaintiff by note leaving etc. G. Denied. It si denied that the Defendant speaks negatively about the Plaintiff's family to the children. To the contrary, the Defendant does not speak negatively about Plaintiff's family to the children. H. Denied. It is denied that the Defendant has at least on one occasion recently threaten to slash the throat of Plaintiff while she is sleeping, and Plaintiff is fearful that if Defendant remains in the home, the tense situation might explode into a physical altercation. 5 To the contrary, the Defendant did not threaten recently to slash the Plaintiff's throat while she is sleeping said threat occurred approximately 4-5 years ago when Plaintiff advised Defendant that Plaintiff was engaged in an adulterous relationship with a co-worker and Plaintiff has not been fearful of Defendant since that time and in face Plaintiff has used the said old threat as a taunt against the Defendant. Admitted in part. Denied in part. It is admitted on or about September 18, 2005 the Defendant told the parties daughter a bed time story about a fire at the parties house. Although this averment seems irrelevant to anything, it was the parties daughter who asked the Defendant, the father, to tell the story as it was during fire prevention week and the point of the story is that everyone must be counted and accounted for if there is a fire at the parties house. 13. Admitted in part. Denied in part. It is admitted that the Plaintiff has requested the Defendant to voluntary agree to vacate the marital home so that the Plaintiff and the children can have exclusive possession of the home. It is admitted that the Defendant has refused all such request from the Plaintiff. It is denied that Plaintiff has any valid reasons to cause the Defendant to vacate the marital home so that the Plaintiff with the children can have exclusive possession of the marital home. To the contrary, there is no valid reasons Plaintiff has to obtain exclusive possession of the marital home. 14. No answers required from the Defendant as paragraph 14 states the statutory code of the Divorce Code and no answer is required by the Defendant. 15. No answers required from the Defendant as paragraph 14 states the statutory code of the Divorce Code and no answer is required by the Defendant. WHEREFORE, Defendant Scotte Lamont Thomas, respectfully request this Honorable Court deny and dismiss the Plaintiffs Petition for Special Relief with prejudice. 7 COUNTER CLAIM SCOTTE LAMONT THOMAS V. STACEY A. THOMAS Defendant Plaintiff 16. Paragraphs 1throughl5 are incorporated herein by reference as if said forth in full. 17. The parties own two (2) kinds of bank accounts at Members !st Federal Credit Union as tendency or entireties. 18. On or about May 17, 2005, the Wife unilaterally and without Defendant's permission caused a transfer of $324.00 from the parties saving account at Members V Federal Credit Union to made to her in her own name alone, which was essentially the balance of the dollars in this account. 19. On or about May 17, 2005, the Plaintiff caused two (2) transfers to occur to the parties' money marketing account from the parties' joint account which is owned tenancy by the entireties, essentially transfers the balance of the dollars in the account. A copy of the Members First Credit statement. 20. As these sums represent the sole and exclusive savings jointly owned by the parties, the Wife has essentially absconded with the parties dollars and total savings to detriment of the Defendant. Wherefore, the Defendant to seeks an order upon the Plaintiff causing the return of half of the sum represented by the amounts transferred on May 17, 2005 from the two above referenced accounts the savings account and the money management account. 8 Wherefore, Defendant, Scotte Lamont Thomas respectfully request this Honorable Court grant the above request of special relief of the Defendant Scotte Lamont Thomas and caused the Plaintiff to pay to Scotte Lamont Thomas the sum of $8,500.00. Respectfully submitted, ElkLE f By: Richard C. Rupp Attorneys for Defendant VERIFICATION I, Scotte L. Thomas, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SCOTTE L. THOMAS, Defendant Date St MEMBERS V FEDERAL CREDIT UNION Send Inquires to: 5000 Louise Drive PO Box 40 Mechanicsburg, PA 17055 www.membemist.org Main Switchboard: (717) 697-1161 or (800) 283-2328 EZ Call: (717) 697-4372 or (800) 283-4372 TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 TeleBranch: (717) 795-6049 or (800) 237-7288 Statement of Accounts Apr 01, 2005 thru Jun 30, 2005 Account Number: 132972 Account Balances at a Glance: Checking: 0.00 Savings: 25 .16 14043 1 AV 0.278 28085-14043 Irrrlllrrrllllrrrlrlrllrrrlrrlll lr rlrllrrrllrll rlr rll rlrl Certificates: 0 .00 SCOTTE L THOMAS Loans: 0 .00 1367 YORKTOWNE RD Money Management: 8. 64 MECHANICSBURG PA 17050-1951 a= Page: 1 of 2 Join the HAP E Travelers in Atlantic City on August 27, 2005. See the enclosed insert for more information. SAVINGS ACCOUNTS 00 - REGULAR SAVINGS Date Transaction Description Additions Subtractions Balance Apr 01 Balance Forward 370.31 Joint Owner: STACEY A THOMAS Apr 30 Deposit Dividend 1.000% 0.30 - -? 370.61 Annual Percentage Veld Eamed 0.990% from 0410112005 through 0413012005 May 16 Withdrawal Transfer % 345 61- 25 00 To THOMAS,STACEY A XXXXXXXXXX Share 11 . / . May 31 Deposit Dividend 1.000% 0.16 - 25.16 Annual Percentage Yield Eamed 0.986% from 0510112005 through 0513112005 Jun 30 Ending Balance 25.16 05 - MONEY MANAGEMENT Date Transaction Description Additions Subtractions Balance Apr Of balance Forward 16,943.17 Joint Owner: STACEY A THOMAS- Apr 30 Deposit Dividend Tiered Rate 17.27 - 16,960.44 Annual Percentage Yield Eamed 1.25014 from 0410112005 through 0413012005 May 16 Withdrawal Transfer 0.00- 16,460.44 To THOMAS,STACEY A XXXXXX)O(kX Share 11' r May 16 Withdrawal Transfer 16,460.44- 0.00 To THOMAS,STACEY A XXXXXXXXXX Share 00 May 31 Deposit Dividend Tiered Rate - 8.64 8.64 Annual Percentage Yield Eamed 1.250 from 1/-VM through '0513112M5 Jun 30 Ending Balance 8,64 YTD SUMMARIES TOTAL DIVIDENDS PAID 00 REGULAR SAVINGS 1.36 05 MONEY MANAGEMENT 77.60 --- Continued on following page --- Apr 01, 2005 thru Jun 30, 2005 - IV5 Account Number: 132972 MEMBERS P' Page: 2 of 2 N b ? O ? M ? Total Year To Date Dividends Paid NOTE: Total includes closed shares T t F x i 78.98 r> ? , _ CJ -? ? ?: ? =!? ' 1 ry TJ ,:? -, ;?'. ' `.:; ( ?? 1`.A r? 1 a .. _i ?:u r STACEY A. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTTE LAMONT THOMAS, IN DIVORCE Defendant NO. 05-4332 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21st day of November, 2005, after hearing on the petition, it is hereby ordered and directed as follows: 1. Husband shall move from the marital residence within thirty days of today's date. Thereafter wife shall have exclusive possession of the marital residence on the following conditions: A. She shall be responsible to timely pay all mortgage payments due on the premises. B. She shall pay all other ordinary monthly expenses including utilities and minor repairs. 2. Wife shall not dissipate any funds from the savings account at Member's 1st which has an approximate value of $14,000.00 without further order of court or agreement of the parties. 3. Provided, however, that wife shall advance to husband up to $1,000.00 of said sums to enable him to secure an appropriate living arrangement. 4. If the parties are unable to reach a satisfactory custody arrangement at the conciliation conference, I will schedule an emergency hearing to resolve those issues on a temporary basis. We note, however, that the arrangements proposed by husband here today certainly seem reasonable. This is a temporary order only and shall not in any way affect the substantive rights of either party to obtain the marital home as part of the final resolution in divorce. Edward E. Guido, J. ,'.2amela L. Purdy, Esquire For the Plaintiff ,,Kichard C. Rupp, Esquire For the Defendant :lfh i? ?'?+lT 1?-3 i"P:? ? , `r. . <f :,. ? _ i, ? ?_ ?_ r= ?. !__.. _. STACEY A. THOMAS, Plaintiff V. SCOTTE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4332 Civil IN DIVORCE PRAECIPE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Pamela L. Purdy, Esquire for Plaintiff Stacey A. Thomas, and withdraw the appearance of McNees Wallace and Nurick LLC, as counsel for the Plaintiff in the above captioned action. McNe W Nurick LLC J. Paul elKreet,?Z ine S PO Bo x 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney I.D. #53148 Pamela L. Purdy, Esquire 115 Pine Street Harrisburg, PA 17101 (717)221-8303 Attorney I.D. #85783 Date: aL? j& (' Date: 3 17 d G CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Scotte Lamont Thomas 1367 Yorktowne Road Mechanicsburg, PA 17050 J. Pa Dated: k) U?u (o r7 ^' ? ?r'. _r, _?t- - , , n? ? ?o ? -?- rn n7 7 C?J {'1 __ ?? i=• < CJ ? ? ?= m ..a . O `(7 ?? ? Stacey A. Thomas, Pro Se 1367 Yorktowne Road Mechanicsburg, PA 17050 717- 691-9660 STACEY A. THOMAS Social Security No.: 191-46-0205, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT, PENNSYLVANIA V. SCOTTE LAMONT THOMAS Social Security No.: 191-46-1941, Defendant NO. 05-4332 Civil IN DIVORCE WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly mark my Appearance on behalf of the Plaintiff, Stacey A. Thomas as WITHDRAWN. V Pamela L. Purdy 308 N. Second Street, Suite 20 P.O. Box 11544 Harrisburg, PA 17108 Date: k ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of myself, pro se. I^ Q Cam` ) ?--ti/ Stacey A Thomas 1367 Yo owne Road Mechani burg, PA 17050 717-691- 660 p -20-0 Date: S C:D Stacey A. Thomas, Pro Se 1367 Yorktown Road Mechanicsburg, PA 17050 717- 691-9660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS 1367 Yorktowne Road Mechanicsburg, PA 17050 NO. 05 - 4332 In Divorce VS. SCOTTE LAMONT THOMAS 4175 Mountain View Road Apartment 105 Mechanicsburg, Pa 17050 ACCEPTANCE OF SERVICE I, Scotte LaMont Thomas, defendant, hereby certify that I received a true and correct copy of the divorce complaint, counseling notice, and notice to claim rights in the above matter on August 29, 2005. 3? - Date Scotto LaMon omas G ? d T} co G) 1 f'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS NO. 05-4332 Civil 1367 Yorktowne Road Mechanicsburg, PA 17050 vs. SCOTTE LAMONT THOMAS 4175 Mountain View Road, Apt. 105 Mechanicsburg, PA 17050 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this 29th day of February, 2008, by and between Stacey A. Thomas (hereinafter referred to as WIFE, or Stacey, or Mother) and Scotte L. Thomas (hereinafter referred to as HUSBAND, or Scotte, or Father); 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 lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and all obligations as between each other arising from the marital relationship. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, I 6bv (9) receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: A TTTl Y T T STATUS OF PARTIES 1.01 Date of Marriage: The parties hereto were married on July 25, 1992. 1.02 Children of the Parties: There are three children born of this marriage whose names and ages are as follows: Name Date of Birth Age Devyn Thomas 12/17/00 7 Rysa Thomas 06/16/98 9 Kayla Thomas 04/04/96 11 1.03 Separation of the Parties: As a result of unhappy differences which have arisen between the parties, HUSBAND and WIFE are living separate and apart. 1.04 Date of Final Separation: The parties acknowledge that the date of final separation is December 15, 2005. 1.05 Residence of the Parties: At the time of the execution of this agreement, WIFE is residing at 1367 Yorktowne Rd, Mechanicsburg, PA 17050 while HUSBAND is residing at 4175 Mountain View Road, Apt. 105, Mechanicsburg, PA 17050. 2 O§K ARTICLE II PURPOSE, INTENT AND CONSIDERATION 2.41 Pu ose: The purpose of this Agreement is to record the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle any and all issues arising out of the marital relationship including, but not limited to: A. All of the rights of the parties in and to property owned by them; B. All of the rights of either of the parties in and to property now owned by the other or hereafter acquired by the other; C. All of the rights of either of the parties in and to the estate of the other; D. All claims of the WIFE against HUSBAND for maintenance, support, alimony, alimony pendente lite, equitable distribution of property, counsel fees, legal costs and expenses; E. All claims of the HUSBAND against WIFE for maintenance, support, alimony, alimony pendente lite, equitable distribution of property, counsel fees, legal costs and expenses; F. Obligations of the parties regarding their respective and/or mutual various debts owed to each other or to third parties; G. The custody/partial custody of any minor children; H. All matters relating to the past, present and future support and/or maintenance of the children, if any; 1. The reaffirmation of several previous court orders relating to support and custody; J. In general, the final resolution of any and all issues arising out of the marital relationship. ? 3 qua; 2.02 Intent to Live Apart: The parties hereto intend to live apart and free from each other forever. 2.03 Consideration: The consideration for this contract and Agreement is the mutual benefit to be obtained by each of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. ARTICLE III EFFECT OF DIVORCE 3.01 Effect on Divorce: The execution and delivery of this Agreement is not predicated upon nor made the subject of any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce. Nothing in this Agreement, however, shall prevent either WIFE or HUSBAND from commencing, instituting or prosecuting any other action for divorce, either absolute or otherwise, on lawful grounds if such grounds presently exist or may exist in the future or from defending any such action with such defenses as are presently or may in the future become available. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he and she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ?IT ri) WIFE has previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, indexed at No 05-4332, seeking a divorce decree pursuant to 3301(c) and 3301(d) of the Pennsylvania Divorce Code of 1980, as amended, hereinafter referred to as the "The Divorce Code". It specifically is understood and agreed by and between the parties and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. The parties mutually consent to a divorce and agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to Section 3301(c) (by Consent) of the Divorce Code is entered as soon as possible, and each will sign an Affidavit of Consent simultaneously with or within 5 days of the signing of this agreement, and to file the Affidavit of Consent within 7 days of signing it. 3.02 Effect of Divorce Decree: This Agreement shall continue in full force and effect regardless of any change in the marital shares of the parties and after such time as a final decree in divorce may be entered with respect to the parties. 3.03 Incorporation: It is specifically agreed by and between the parties hereto and each of them, that this Agreement shall be incorporated as the final non-appealable order of the Court of Common Pleas of Cumberland County, Pennsylvania in the present divorce action at No. 05- 4332 as disposing of the claims for property owned by either party, equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and expenses and that this Agreement shall be enforceable in this or in any other competent jurisdiction. The parties hereto shall enter into any further agreement or stipulation which may be required so as to incorporate this entire Agreement into a divorce decree. 5 This Agreement shall be submitted to a court having jurisdiction over any marital action between HUSBAND and WIFE with a request that this Agreement become part of any decree of divorce issued by said court and be made part of said decree in any judgment thereon, with jurisdiction remaining in the court to see that the terms hereof are complied with, it being understood that the Agreement will survive the decree of divorce and not be merged into it. The parties agree and intend that incorporation is for the purpose of enforcement and not for any modification of the terms hereof. The parties further acknowledge and agree that it is their specific intent that the provisions relating to custody and child support shall remain modifiable by either party based upon a change in circumstances or the best interests of the children as defined by Pennsylvania Law. 3.04 Religious Divorce: HUSBAND and WIFE agree that in the event that either party desires a religious divorce by the signing of this Agreement, the parties agree and consent and will cooperate in the obtaining of a religious divorce and will execute any and all documents necessary for either or both parties to obtain said divorce in a timely basis. ARTICLE IV DEBTS OF THE PARTIES 4.01 HUSBAND'S Debts: HUSBAND represents and warrants to WIFE that he will not contract nor incur any debt or liability for which WIFE or her estate might be responsible after the execution of this Agreement, and shall indemnify and hold harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4.02 WIFE'S Debts: WIFE represents and warrants to HUSBAND that she will not contract nor incur any debt or liability for which HUSBAND or his estate might be responsible 6 `? v after the execution of this Agreement, and shall indemnify and hold harmless HUSBAND from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4.03 Outstanding Marital Debts: It is specifically agreed by and between the parties that there are no outstanding debts incurred by either party, singly or jointly, prior to the date of final separation unless specified in writing and disclosed by written statement attached hereto. The responsibility for payment of any such pre-separation debt shall be specifically acknowledged by the parties in said statement and each agrees to indemnify and hold the other harmless against any loss therefore. The parties acknowledge a marital debt for a water treatment system in the marital home which shall hereafter be paid by WIFE. 4.04 Debt's Subsequent to Final Separation: Unless specified to the contrary above, all debts, contracts, obligations or liabilities incurred at any time subsequent to the date of final separation shall be the sole and exclusive responsibility of the party incurring such debt. Each party will now and at all times indemnify and hold harmless the other party from any and all claims or demands made against him or her by reason of these debts or obligations incurred subsequent to the date of final separation. 4.05 Disclosure: Each party acknowledges that they have advised each other of any and all debts which they each have singly or jointly and that exchange of debt information constitutes a full and complete disclosure of each party's current respective liability situation. ARTICLE V RELEASES 5.01 Mutual Releases: Except as may be otherwise specifically provided for in this Agreement, HUSBAND and WIFE each hereby forever release, remise, discharge, and quitclaim 7 W r?bL the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever release, remise, discharge and quitclaim the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the other or to the real, personal and/or mixed property of the other and all rights of courtesy or dower, or claims in the nature of courtesy or dower, or of widow's or widower's rights and all rights, titles, interests and claims which he or she now has or ever may have in and/or to the other's estate, whether now owned or hereafter acquired, at his or her death, and all rights, titles, interests and claims to take against the other's Will and/or under the Intestate Laws, or of family exemption or similar allowance or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, or (b) any state, commonwealth or territory of the United States, or (c) any other country, and each and every additional right, title, interest and claim or right to any accounting he or she has or ever may have in the other or as the HUSBAND'S WIFE or widow or as WIFE'S HUSBAND or widower, including any and all claims, demands, liabilities and obligations, whether arising out of the marital relationship by reason of the ownership or joint ownership of any real or personal property, or by reason of any other matter or thing whatsoever, as well as each and every additional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators and assigns, excepting only the obligations, rights and claims imposed or incurring to the benefit of either of the parties by reason of the terms of this Agreement. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. 8 5.02 Release of Marital Claims: It is further specifically understood and agreed by and between the parties hereto that WIFE and HUSBAND accept the provisions made and set forth in this Agreement by HUSBAND for WIFE and/or WIFE for HUSBAND in lieu of and in full settlement and satisfaction of any and all of WIFE'S rights against HUSBAND and HUSBAND's rights against WIFE for any past, present and future claims on account of support and maintenance, alimony, alimony pendente lite and/or for any other matter or thing whatsoever. It is specifically understood and agreed that the payments, transfers and other considerations herein recited discharge any and all such claims by WIFE against HUSBAND, and HUSBAND against WIFE, and are, among other things, in full settlement and satisfaction and in lieu of HUSBAND'S and WIFE's past, present and future claims against each other under the Retirement Equity Act or on account of maintenance and support, alimony, and also claims for alimony pendente lite, equitable distribution of property, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceedings which have been or may be instituted by WIFE in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may have been or may be instituted by HUSBAND in any court in the Commonwealth of Pennsylvania or any other jurisdiction, or any other counsel fees, costs and expenses incurred or to be charged by any counsel or arising in any manner whatsoever or any claims whatsoever to any property acquired before or during the marriage, property acquired after the date of final separation and/or property which may be considered marital property in accordance with the Pennsylvania Divorce Code, as amended. However, this provision shall not be deemed to comprehend and discharge HUSBAND'S or WIFE'S claims for costs and expenses, counsel fees and alimony pendente lite pertaining to any contested divorce proceedings in the event of any, only insofar as such costs and expenses, counsel fees and alimony pendente lite are applicable to any contested divorce proceeding or to 9 94?1 O?x any appeal which may be taken by HUSBAND or WIFE to an appellate court in such case; and HUSBAND or WIFE shall be entitled to receive such costs and expenses, counsel fees and alimony pendente lite as may be fixed by the court having jurisdiction thereof, it being specifically understood and agreed that such costs and expenses, counsel fees and alimony pendente lite are uncertain and the parties are unable to fix, determine or value the same. 5.03 Release of Testamentary Claims: Except as otherwise may be specifically provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other; and that neither HUSBAND nor WIFE will claim against or contest the will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, 10 executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. ARTICLE VI CHILD SUPPORT 6.01 Existing Order: It is specifically agreed and understood between the parties that their currently exists a Support Order in Cumberland County, PA, indexed at PACSES No. 772107848, Docket No. 01013 S 2005, pursuant to which Scotte is obligated to pay support for the three (3) said children in the amount of $1,142.00 per month and 49% of the unreimbursed medical expenses. Said Order shall remain in effect, but shall be modifiable based upon the application of Pennsylvania law. 6.02 Life Insurance: It is further understood and agreed by and between the parties as follows: A. HUSBAND and WIFE shall maintain and keep in full force and effect a policy or policies of Life Insurance in the minimum death benefit amount of $100,000.00 upon his or her life wherein the three (3) children, or the survivors of them, are the named beneficiaries. B. Each shall promptly endorse such policies to provide that the said minor children, or the survivor of them shall be the irrevocable beneficiaries thereof, at least until Devyn is twenty-one (21) years of age, and proper and adequate notice shall be given forthwith to each insurer that there will not be and can be no change of beneficiary, as provided herein. WIFE and HUSBAND shall have no personal right, title, claim or interest whatsoever in said policy of the other, but may enforce any rights of the children therein as their parent and natural guardian, and it is specifically understood and agreed that WIFE and HUSBAND shall be named and 11 la- ?j designated as the guardian or trustee during the period that the children are minors, on the policy of the other party. C. The parties shall request that the insuring companies send duplicate notices of premiums or premiums due to be paid by HUSBAND or WIFE on the said insurance, to THE OTHER PARTY whereupon WIFE or HUSBAND shall have the right to pay the premium in order to prevent the lapse or cancellation of said policy, and she or he shall be immediately entitled to repayment from the other for the amount of any such payment plus interest at six (6%) percent per annum from the date of payment. ARTICLE VII CUSTODY AND PARTIAL CUSTODY 7.01 Existing Order: It is specifically understood and agreed between the parties that a Custody Order already exists, which was entered pursuant to an agreement of the parties, and that such Order remains in effect and is modificable pursuant to prevailing Pennsylvania law, as applicable at the time of any request for modification, if ever. Such Custody Order is indexed at No. 05- 6007 in Cumberland County, PA. 6.03 Child Dependency Exemption: It is agreed that Husband shall have the right to claim the child, Kayla Thomas, only, as a child dependency exemption on his Federal Tax Return commencing in 2008, and Wife shall have the right to claim the other two children, Devyn and Rysa Thomas as child dependency exemptions commencing in 2008 and thereafter. 12 lt?v ARTICLE VIII PROVISIONS FOR WIFE and HUSBAND 8.01 Waiver by WIFE: Wife hereby waives any and all right she has or may have to alimony, alimony pendent lite, spousal support and / or attorney fees, costs and expenses, except as provided herein otherwise. 8.02 Waiver by HUSBAND: Husband hereby waives any and all right he has or may have to alimony, alimony pendent lite, spousal support and / or attorney fees, costs and expenses, except as provided herein otherwise. ARTICLE IX EQUITABLE DISTRIBUTION 9.01 Real Estate: Except as provided herein, HUSBAND covenants and agrees that WIFE shall continue to reside in the marital home, at 1367 Yorktowne Road, Mechanicsburg, PA. Husband shall, within 20 days of the signing of this Agreement, sign a Deed transferring any and all of his interest in the marital home to Wife. Thereafter, Wife agrees to save and hold harmless Husband from any and all liability and / or responsibility for or toward any mortgage payments and /or the water treatment system debt, and/or claims and/or damages and/or expenses that the Husband may sustain, or become liable or answerable for, in any way whatsoever, in connection with the said marital home. WIFE agrees to save and hold harmless HUSBAND from any and all liability and/or claims and/or damages and/or expenses (including attorney's fees and legal expenses), in any way whatsoever, or shall pay upon, or in consequence of, the WIFE'S default or any default with regard to mortgage payments which will or would result in any action on any bond or mortgage 13 with reference to said premises, 1367 Yorktowne Road, Mechanicsburg, PA, Cumberland County, Pennsylvania. 9.02 Insurance Policies: HUSBAND agrees to and does hereby sell, set over, transfer and assign all of his right, title and interest in and to insurance policies of any nature whatsoever relating specifically and solely to said premises and the contents therein. 9.03 Expenses Relating to Transfer: All expenses and costs of the transfer or assignment herein referred to of the said property shall be borne solely by WIFE. 9.04 Personal Property: The parties acknowledge that they have divided or will divide all of their household furnishings, and personal belongings to their mutual satisfaction. Husband shall take from the home, any items agreed by the parties that he shall take, within 6 months of the signing of this Agreement, unless agreed to otherwise by both parties within that 6 month period to extend the time. Thereafter, all items remaining in the marital residence subsequent to 6 months (or such later agreed to time deadline) of the signing of this Agreement, shall become the property of WIFE forever, with no further claim by Husband. 9.05 Joint Bank Accounts, C.D.'s, Cash, Bonds, Pensions and IRAs and / or other funds of any nature: The parties acknowledge that all funds of any kind have been divided to their mutual satisfaction, except as set forth below. All monies or funds of any nature, whether currently liquid or tax deferred in the name of one party shall remain in the name of and owned by the registered owner, without any further claim by the other party forever. Each party waives and relinquishes forever any claim she or he has in and to any funds, monies, stocks, bonds, pensions, IRAs or other funds of the other party, except as set forth below. 9.06 Payment to Husband by Wife: In consideration of the properties and funds being set apart to the parties, Wife shall pay to Husband the sum of $30, 404.00. This sum shall be 14 paid at the time when Wife refinances the mortgage which currently exists on the marital home. Within 30 days of the signing of this Agreement, Wife shall apply to a bank or mortgage company for the purpose of refinancing and shall take all steps necessary in a timely manner to effectuate the refinance. In addition, it is agreed that there exists a bank account at Members First Federal Credit Union which was frozen by Court Order. The parties agree that this account shall be unfrozen and released to Wife, and that the court order dated November 21, 2005 shall be, hereafter, of no force or effect. 9.07 Tax Consequences of Transfer of Propert y: This Agreement has been negotiated on the assumption that the property transfers described in this Paragraph will come within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. ARTICLE X GENERAL PROVISIONS 10.01. Agreement Fair: Each party asserts that he or she has carefully considered all aspects of this Agreement and the marital assets, and each has consulted with or had a full and fair opportunity to discuss with an attorney of his / her choice all aspects of this agreement, and after careful consideration, has concluded that this agreement is fair and is in the best interests of the parties that this Agreement be entered into at this time. 10.02 Prior Agreements: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 15 ? ?J 10.03 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 breach hereof or default hereunder shall be deemed a waiver or subsequent default of the same of similar nature. 10.04 Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to the parties, if he or she has elected to consult with an attorney. If not, then that party has waived their right to seek the services of an attorney of their choosing. Each acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice, or given up the right to do so, and the 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. 10.05 Separation and Non-Molestation Agreement: It shall be lawful for HUSBAND and/or WIFE at all times hereinafter to live separately and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint, or interference, direct or indirect, by each other. Each party agrees that he or she will not molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for his or her separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. It is specifically intended and understood and agreed by and between the parties hereto that each is to be enabled to live not only separate and apart from the other, but is also to be free to act as if he or she were unmarried so far as any other persons are concerned and each covenants and agrees not to harass or embarrass the other or any other person 16 whom either party may hereafter see socially. The parties are free to mutually and voluntarily make any efforts at reconciliation as he, she, or they shall deem proper. The foregoing provisions however, shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 10.06 Severability: 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. Similarly, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfactions of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 10.07 Confirmatory Documents: HUSBAND and WIFE covenant and agree that they will execute and deliver (within at least fifteen (15) days after demand) any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement, unless a different time element is mentioned above. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other, and will agree to execute and/or deliver any and all documents which the attorneys for the parties shall, agree are necessary and proper. 10.08 Agreement Binding on Heirs: Except as provided by law, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 10.09 Notices: Any notices pertaining to this Agreement or the terms and conditions set forth herein shall be sent to the respective parties at their home address, and by E mail. 17 $-0- 0 10. 10 Laws of Pennsylvania: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 10.11 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. Any further agreement by the parties inconsistent herewith shall be executed in writing and shall not become effective until set forth in writing. 10.12 Waiver of 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 such 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 it be construed as a waiver of strict performance of any other obligations hereunder. 10.13 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 and/or effect. 10.14 Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by HUSBAND and WIFE or either of them during the marriage, as contemplated by "The Divorce Code", 23 P.S. 101 et seq., as amended, of the Commonwealth of Pennsylvania. 18 10. 15 Enforcement: It is expressly understood and agreed by and between the parties hereto that this Agreement may be attempted to be enforced by WIFE or HUSBAND in Court, should either party believe that the other is in breach. 10.16 Execution Date: 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" shall be defined as the date of execution by the party last executing this Agreement. 10.17 Address of Parties: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and shall promptly notify the other in writing of any change of address by giving the new residence address. 10.18 Attorney's Fees for Enforcement: In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party may be Ordered to pay all attorneys' fees, court costs and expenses incurred by the other party in enforcing the Agreement, if the Court deems it appropriate. 10.19 Contract Interpretation: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, HUSBAND and WIFE agree that this Agreement was prepared jointly by them. 10.20 Bankruptcy: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense 19 SIT to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. It is the specific intent of the parties hereto that payments or distribution made pursuant to this Agreement shall not be terminated upon the filing for bankruptcy by either party. In the event that either party files a Petition for Bankruptcy or makes an assignment for the benefit of creditors, it is understood and agreed that all payments or distribution made under this Agreement shall be deemed to be payments for the recipient's maintenance. 10.21 Enforcement of Child Support Provisions: All of the support provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. 10.22 Remedies and Sanctions: In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. 10.23 Notice of Residence: As long as the parties have any minor children or any obligation remaining to be performed pursuant to the provisions of this agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence, address 20 196 and telephone number and shall promptly notify the other in the event of any change of address by giving the new residence address and telephone number. 10.24 Confidentiality: This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proceeding or in order to enforce any of the terms hereof. The parties further agree that, subject to required disclosure by subpoena, deposition or other order of a court of governmental agency, neither party shall disclose the terms of this Agreement or the documents as aforesaid and each shall instruct his or her counsel, if any, to maintain this confidentiality. In the event of any subpoena, deposition or other order requiring disclosure of this Agreement or the documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as aforesaid will notify the other and allow the other to defend against such disclosure at the defending party's own costs. The foregoing prohibition of disclosure shall not apply to discussions with the parties' children or disclosure to any proposed spouse of either party in connection with representations being made in a premarital agreement between a party hereto and such proposed new spouse. 10.25 Incorporation. It is agreed that this Agreement shall be incorporated into, but shall not merge with, a subsequent divorce decree, if entered. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals the day and year first above written. c/ Wit ess STACEY A. THOMAS A1Wss SCOTTE LAMONT THOMAS 21 IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals. Dated the day and year first above written. SEALED and DELIVERED IN THE PRESENCE OF US: J SCOTTE L. THOMAS (SEAL) l?t(SEAL) STACE A. THOMAS COMMONWEALTH OF PENNSYLVANIA COUNTY OF&?' he `I`'`'' ?' ss On this V)'Aur-r 29th day of February 2008 before me ZQ ne- 1 ? is 1 , a otary Public or the Commonwealth of Pennsylvania, residing in the Count of C.&f6 ?-' the g Y undersigned Officer, personally appeared SCOTTE L. THOMAS and STACEY A. THOMAS known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set COMMONWEA TH Of PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill Swo CumWrland County My Com-- 2009 22 and official seal. v'h? NOTARY PUBLIC Expires. ZO hJ t " 'r' ? ?: - "'r ?i ? t ? t L_,I , .,?:; " ] ?? ? ? ?^..1 ..` Stacey A. Thomas 1367 Yorktowne Road Mechanicsburg, PA 17050 717-691-9660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS NO. 05-4332 Civil 1367 Yorktowne Road Mechanicsburg, PA 17050 Social Security No.: 191-46-0205 vs. SCOTTE LAMONT THOMAS 1367 Yorktowne Road Mechanicsburg, Pa 17050 Social Security No.: 191-46-1941 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. Section 4904 relating to unsworn falsification to authorities. Date: ?''o7 rv C? 4 0 i.? ? Stacey A. Thomas 1367 Yorktowne Road Mechanicsburg, PA 17050 717- 691-9660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS 1367 Yorktowne Road Mechanicsburg, PA 17050 Social Security No.: 191-46-0205 NO. 05-4332 Civil vs. SCOTTE LAMONT THOMAS 1367 Yorktowne Road Mechanicsburg, Pa 17050 Social Security No.: 191-46-1941 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. Section 4904 relating to unsworn falsification to authorities. ?2 Date: / gr! Scotte Lamont Thomas - a =?: _.? E?.. ?. ? ,-. ? `- ? rs-r -;?;: ?--- e??r _ _ 41. ? ? na --?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS NO. 05-4332 Civil 1367 Yorktowne Road Mechanicsburg, PA 17050 Social Security No.: 191-46-0205 vs. SCOTTE LAMONT THOMAS 4175 Mountain View Road Apartment 105 Mechanicsburg, PA 17050 Social Security No.: 191-46-1941 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim'them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -3 ?' ( , " Ub Stacey A. t7 ..a 7F +q? K lax f??' .1.r+ cil; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS 1367 Yorktowne Road Mechanicsburg, PA 17050 Social Security No.: 191-46-0205 NO. 054332 Civil VS. SCOTTE LAMONT THOMAS 4175 Mountain View Road Apartment 105 Mechanicsburg, PA 17050 Social Security No.: 191-46-1941 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ,r Date: 2?4 Scotte Lamont Thomas 0 ? m fi) -rl ?? TV tl ? Stacey A. Thomas, Pro Se 1367 Yorktowne Road Mechanicsburg, PA 17050 717-691-9660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS 1367 Yorktown Road Mechanicsburg, PA 17050 Social Security No.: 191-46-0205 NO. 05 - 4332 In Divorce VS. SCOTTE LAMONT THOMAS 4175 Mountain View Road Apartment 105 Mechanicsburg, Pa 17050 NOTICE OF INTENTION TO REQUEST ENTRY OF 3301fc) DIVORCE DECREE TO: Scotte L. Thomas You have signed a Section 3301(c) Affidavit consenting to the entry of a divorce decree. Therefore, on or after the 25th day of March 2008, the other party can request the court to enter a Final Decree in Divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the date in the paragraph above, or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 REFERENCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 2 BY: 3 Iflo lzz?-7x Stacey A. omas, Pro Se C? ^a m co '- c-t c..a Stacey A. Thomas, Pro Se 1367 Yorktowne Road Mechanicsburg, PA 17050 717-691-9660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY A. THOMAS NO. 05 - 4332 1367 Yorktowne Road Mechanicsburg, PA 17050 In Divorce Social Security No.: 191-46-0205 vs. SCOTTE LAMONT THOMAS 4175 Mountain View Road Apartment 105 Mechanicsburg, Pa 17050 PRAECIPE TO TRANSMIT RECORD / (Request Entry of Divorce Decree) To the Prothonotary: Kindly Transmit the Record with the following information: 1. Ground for divorce is irretrievable breakdown: Select category (A) or (B): (A) XXX Mutual Consent Date of execution of the affidavit of consent: By plaintiff. February 29, 2008 By defendant: February 29, 2008 2. Date and manner of service of the complaint: August 29, 2005, personally delivered upon Defendant 3. Related claims pending: NONE - All settled by Property Settlement and Separation Agreement, attached. 4. The following is requested: XXXXXX Decree in divorce with property settlement attached Decree in divorce with the court to retain jurisdiction over unresolved claims which shall be listed for a hearing. Decree in divorce with no other relief granted. Order for a hearing on unresolved claims. 5. Date and Manner of service of the Notice of Intention to file Praecipe to Transmit Record: March 5, 2008 by regular mail to Defendant and to his attorney. Defendant also signed a Waiver of Notice of Intent on March 11, 2008. Waiver being filed simultaneously. 3Sa Q Date Stacey A. T omas, Pro Se C7 " :? co r! .. ?r_s, ?, ? --t `., ? C ' -'+ ..- =? ?r 'L7 ??_? :? t .? W CJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENN A. STACEY A. THCMAS VERSUS N 0. 05-4332 DECREE IN DIVORCE AND NOW, /#wJ'- DECREED THAT AND .;- /0-*W, -A . . IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IT IS FURTHER ORDERED THAT THE PROPERTY SETTLEMENT AN) SEPARATION AGREEMENT EXECUTED BY THE PARTIES LAST DATED FEBRUARY 2q, 2008, IT IS HEREBY INCORPOR BUT NOT MERGED, HEREIN, AND MADE AN ORD COLT B ATTEST: J PROTHONOTARY ??? ?! ? ? .,:. .- ?-