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Home My WebLink About05-4555 ERIN D. THOMAS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - 45':;5 NO.{)~ Civil STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE You have been sued in COurt. If you wish to defend against 'he claima aa, for'h in 'he fOllowing pagen. you mue, 'aka promp' action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the COurt. A Judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, inclUding CUstody or visitation of Your children. NOTICE TO DEFEND AND CLAIM RIGHTS When the ground for the divorce is indignities or irre'rievable breakdown of 'he marriage, you may requee' marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYER'S FEES OR EXFENSES BEPORE A DIVORCE OR ANNDLM"", IS GRANTED, YOU MAy LOSE THE RIGHT TO CLAIM ANy OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAy BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAy OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 249-3166 Lori K. Serratelli, Esquire Pa. SUpreme COurt ID No. 27426 Serratelli, Schiffman, Brown and 2080 Linglestown Road Suite 201 Harrisburg, PennsYlvania 17110 Telephone (717) 540-9170 Fax (717) 540'5481 Attorney For Plaintiff Calhoon, P.C. ERIN D. THOMAs, Plaintiff STEVEN D. THOMAs, Defendant NO. ()~ _ ';,5/S)- CIVIL ACTION . LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (!,-ud~~~ vs. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330~(c) AND 3301(d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. fUlly set forth: fro", the ohove-nomed Defendon,. opon 'he groondn hareinoftar more BROWN, CALHOON. P.C.. ond neekn '0 ob'oin 0 Deoree io Divoroe 'arrote11i. Bequire end tha lem firm of SERRATELLr. SCHrFFMAN. COUNT I PennsYlvania 17050 since May 1, 2005. "'1 Grnone COOrt. Ap,. 10', Menhonionborg. Comberland Coonty, ,. P10intiff ia Erin D. Thomoa, mho oorrently reaiden ot DIVORCE ,. Defendan, in "even D. Thomae. who corren"y ceoiden ec ITll Falke'one Drive, Comberland Coonty. Meohnnionborg. PennsYlvania 17050 since August 2000. ,. Plain'iff han been a hona fide reniden, in 'he Commonwenl'h for et leaot oix monfho immedia'ely proviooo fo the filing of this Complaint. ,. The Plaintiff end Defendan, were mnrried on 'epCember 1, 2000 in Cumberland COunty, PennsYlvania. ,. The Plain'iff hao been advioed of 'he availability of oounoeling nnd that ehe may have Che right Co regoeec fhac fhe Cour, regoire Che partieo '0 partioipate in oounoeling ,. There have been no prior aO'iono of divocoe or for annulment between the parties. 7. The marriage is irretrievably broken. 9. The pnr'ieo Co thio aotion eeparn'ed on or aboo, April T. "" and heve COntinued to live eeparate and aport o. The Defendant io not 0 member of 'he Armed Fervioee of the United States or any of its allies. '0. The Plaintiff and Defendent ore both oitirene of the United States. 11. Plaintiff aVers that there are two children of the parties under the age of 18, namely Madison Thomas, born November 27, 1999; and Ella Thomas, born May 22, 2003. WHEREFORE, the Plaintiff prays Your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully sUbmitted, Lori erratelli, Esquire SER LI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION i" Divo,ce are 'rue and eorree,. 'undere'a"d 'ha, falae , Verify 'ha, 'he e'a'emen, made in 'he foregoing Complain, c.,. See'ion "S'. rela'i"g '0 uneworn falaifiea'ion '0 "'a'emen'a herein are made aohjee, '0 'he Penal'iea of i8 Pa. authorities. Date: g/3r/~ / ~ c:~ /. .?~. ~. Thomas A 0 -4::l G (d --- ~ -..a r--.") + C) n .c:~ CJ < ,-~':::> -n ".n U( - W \'- -0 C> \ "I;J N ?-J \)J ;U ~ --:t .","- - r- f'...:; "E .,' ---. ('., , en ~ ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4555 CIVIL TERM CIVIL ACTION . LAW STEVEN D. THOMAS, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Lori K. Serratelli, Esquire, being duly sworn according to law, depose and say that I served the Divorce Complaint in the above-captioned matter, by depositing it in the United States mail, Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Steve Thomas 3711 Falkstone Drive Mechanicsburg, PA 17050 The return receipt card is attached hereto. ~ \ \ ~ \b<;' Dated: L Serratelli, Esquire ERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 (717) 540.9170 Attorney for Plaintiff Sworn and Subscribed to before;ne ~his) (J.Uday of-5ff'ff/nlAV/ , 2005. ~ fuC4/}1 O~ NOTARY PUBLIC }R My Commission Expires: 5. T)J,08' NOTARIAl SfAl DEIlRA A EVANGEuSn NoIaty I>ubIc ~ 1WP.DAUfIH1N COUNIV My ~ Exp/Iea May 7. 2001 <Il">- .,:,':""'...,,' . CompIele Items 1, 2, ond 3. AIeo complete Item 4 W RestrIcted DelIvery Is desired. . PrInt yOUr name ond add_ on the....... 10 that we can return the card to you. . Attach this card to the back of the mallplece, or on the fTont W space psrmils. 1. MlcIe_ to: ~~~ 1\\\~\..::.~ 'V<~~ T'f\~~ts ~ \Jt)'So y 3. SSMcelyPo }:Il:CertIlIodMalI CExprooa C Reg_ C -... ReceIpt lor Met.;l,_A- C '_Moll C C.O.D. 4. _ Dl!!Ivery'I {ExtIa Feel 7004 2890 0000 0991 5507 2. Miele ~u~i>eI, ' (T--_~ PS Form 3811. ~ 2004 -- -.., RoooIpt 1-..o2-M-154l" .. ~:~ ,~.-l ,', ~-t .;.- (~"? u:' Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540.5481 Attorney For Plaintiff ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-4555 CIVIL TERM CIVIL ACTION . LAW STEVEN D. THOMAS, Defendant IN DIVORCE PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW COMES, Lori K. Serratelli, Esquire, of the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.. C. and respectfully represents as follows: 1. Petitioner, Lori K. Serratelli, Esquire, represented the Plaintiff, Erin D. Thomas, in the above-captioned matter. 2. The Plaintiff dismissed Lori K. Serratelli as her attorney on or about December 29, 2005 (see Authorization attached as Exhibit "A"). Petitioner returned the content of her file and informed her via voice mail message that she would be withdrawing from the case. 3. Petitioner has informed Defendant directly, as he has terminated his counsel, Kelly Knight, Esquire, by letter dated January 6, 2006 that she no longer represents the Plaintiff. 4. There are no matters currently scheduled for this Court within any time that will not allow Plaintiff sufficient opportunity to obtain new counsel if she so chooses. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request for leave to withdraw. Respectfully submitted, /, /, Lok~~;;~~te(JI~~' Esquire S{RRATELLI, SCHIFFMAN, BROWN & C1~LHOON, P. C . 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540--9170 I.D. No. 27426 ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-4555 CIVIL TERM CIVIL ACTION . LAW STEVEN D. THOMAS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this ~ day of jC).~" 0..,'/ ' 2006, I served a copy of the foregoing Petition for Leave to Withdraw by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s) : Erin D. Thomas 4173 Grouse Court Mechanicsburg, PA 17050 Steven D. Thomas 3711 Falkstone Drive Mechanicsburg, PA 17050 ,~ r{~~0~'C'() ~ Lori ~ Serratelll, Esqulre SERRATELLJ:, SCHIFFMAN, BROWN & CJ~LHOON, P. C . 2080 Linglestown Road Suite 201 Harrisbur9, PA 17110 (717) 540..9170 I.D. No. 27426 ------------------- ~ ><.}.1 b J ;t ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-4555 CNIL TERM : CNIL ACTION - LAW STEVEN D. THOMAS, Defendant : IN DIVORCE AUTHORIZATION I, Erin D. Thomas, Plaintiff in the above-captioned matter, hereby authorized Lori K. SerrateIIi, Esquire to withdraw her appearance as my attorney in the above captioned matter, pursuant to my request. /2.- / 2'" ~ ~ I / . y7 ~~ Date nn D. Thomas -~ ;i~ (~ . - -'- . \.,0 --<'''j (,) ~ . '" 'CO'" '".::J :< ~ ,----; '}- ,IAN J 0 lDD6 rf Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN D. THOMAS, VS. NO. 05-4555 CIVIL TERM CIVIL ACTION. LAW STEVEN D. THOMAS, Defendant IN DIVORCE ORDER AND NOW, upon consideration of the foregoing Petition, it is hereby Ordered and Decreed that Lori K. Serratelli, Esquire is hereby granted leave to withdraw her appearance in the above. captioned matter. Date: )~ q. ~? , / ,../~ J. ~ '" I . '" tr' ,~t ':::,. 'Y i\\.:\ ~ti; r ~.~..... . \ GA' " ..\j \ .\) '\ V CJ c. C;) ~'.-J _0) F LI_ C' ".-. (~ ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2005-4555 Civil Ternl STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Steven D. Thomas, in the above-captioned matter. Respectfully submitted, , I\y:. iU'{~fl-C/;& j/t//</~ I' I 'f ~/ _ .' Diane M. Oils: Esquire ~ 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 71873 Date: March 2, 2006 't ... ERIN D. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2005-4555 Civil Term v. STEVEN D. THOMAS, CIVIL ACTION - LAW IN DIVORCE Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Kelly M. Knight, Esquire and the law firm Cunningham & Chernicoff, P.C. on behalf of the Defendant, Steven D. Thomas, in the above- captioned matter. Date: March 6, 2006 B Y LD. N . 87365 2320 orth Second Street P.O. Box 60457 Harrisburg, P A 17 I 10 (717) 238-6570 '; , ERIN D. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2005-4555 Civil Term v. STEVEN D. THOMAS, CIVIL ACTION - LAW IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, secretary with the law office of Cunningham & Chemicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance in the above-captioned matter was sent first class U.S. Mail, postage prepaid on this date, to the following: Diane M. Dils, Esquire 10 17 North Front Street Harrisburg, PAl 7 I 02 John C. Howett, Jr., Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PAl 7108 CUNNINGHAM & CHERNICOFF, P.c. Date: March 6, 2006 hlth By: . Stacy A. S6 enberger 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 (717) 238-6570 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PAl 71 02 Telephone No. (717) 232-9724 Attorney for Defendant, Steven D. Thomas ERIN D. THOMAS, Plaintiff vs. STEVEN D. THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4555 CIVIL ACTION LAW CIVIL ACTION -- LA VvT IN DIVORCE ACCEPTANCE OF SERVICE I, STEVEN D. THOMAS, Defendant above-named, hereby accept service of the Complaint in Divorce Under Section 3301(c) of the Divorce Code and acknowledge that I have received a certified copy of said document on the 15th day of September 2005. Date: 12/Z2/Cri ~ -- BY:. .0~~ Steven D. Thomas, Defendant ERIN D. THOMAS,. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005-4555 CIVIL TERM STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 2,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in 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. verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities. Date: /2-~/ 2-?:-/O(o " I .---") ~ "----- . ~ / - =:::::::=-- /::. 'C A. ""'-c--. ~ ERIN D. THOMAS, Plaintiff ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005-4555 CIVIL ACTION LAW STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 2, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning 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 . verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa" C.S. 94904 relating to unsworn falsification to authorities. Date: 1'2/"22,C;(L' .~:--a~ STEVEN D. THOMAS, Defendant PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this d/it day of December 2006, by and between: ERIN D. THOMAS, hereinafter referred to as Wife; --AND-- STEVEN D. THOMAS, hereinafter referred to as Husband; WITNESSETH: \\lHEREAS, Husband and Wife were lawfully married on September 1, 2000, in Cumberland County, Pennsylvania; and \VHEREAS, there are two children born of the marriage: Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22,2003. ... i, \VHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, l-Iusband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to Initials .4~\,;;:'" 2 Initials~T ..( I J molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Initials,if.t'L 3 111ltials2> T .. ". 3. MUTUAL RELEASES Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to gIve to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now o\vns or may hereafter acquire, except, and only except, all rights and Initials ,~21 4 Initials <t- p) .. t rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the '"distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and Wife acknowledge and understand the terms and conditions of this Agreement~ and Husband is represented by Diane M. Dils, Esquire and Wife is represented by Darren J. Holst, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreenlents. Initials.4~LT 5 Initials Eb I .... . 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party warrants they have provided a full and fair disclosure of his and her assets and liabilities and warrants that said assets and liabilities have been identified and addressed herein. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, marital in nature, the parties hereto agree that said assets shall be divided equally. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equal distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to Wife that on or about April 7, 2005, he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her Initials~'7 6 Initials t'b' .. ~ , by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. \\Tife represents and warrants to Husband that since April 7, 2005, she has not, and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless frOITl any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE The parties hereto acknowledge they are the titled owners, as tenants by the entireties, of real estate located at 3711 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. The parties agree as follows with respect to the marital residence: (a). Husband shall become the sole and exclusive owner of the marital residence and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, claim, title and interest she may have in and to the nlarital residence. Wife shall, at Husband's request, execute a Deed transferring all of her right, title and interest in the marital residence to Husband, which Deed shall be held in escrow by Wife's counsel until such time as Wife is paid the lump sum equitable distribution award hereinafter referred to. Initial.~(' 7 Initials~1 ~ . I . (b). Husband hereby acknowledges that the mortgage currently on the real estate at 3711 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania is in his name alone and he warrants there are no existing encumbrances on the residence in which wife is liable; however, Husband further acknowledges that he is solely responsible for all costs, expenses and liabilities associated with or attributable to the marital residence, including, but not lin1ited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance prelniums, utilities, maintenance and repairs and Husband shall keep Wife and her heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the marital reside~~. Husband hereby agrees to pay to Wife as and for equitable distribution, the lump sum of Sixty Thousand Dollars ($60,000.00). The said Sixty Thousand Dollars ($60,000.00) shall be paid to Wife upon Wife executing this Property Settlement Agreement as well as the Consent and Waiver necessary for the parties divorce action to become finalized prior to December 31, 2006. Payment of the Sixty Thousand Dollars ($60,000.00) is contingent upon the divorce action becoming finalized and a Decree of Divorce being entered prior to December 31, 2006. The said payment of Sixty Thousand Dollars ($60,000.00) shall be made to the attorney for Wife and shall be held in escrow by the attorney for Wife until a Decree in Divorce has been issued. Initials .MT 8 Initials & r '" . . 9. PERSONAL PROPERTY Husband and Wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by, except: (a). Husband and Wife hereby acknowledge that Wife is in possession of a 2002 Ford Explorer automobile which is currently in the name of Husband and Wife. Husband hereby agrees that Wife shall be entitled to keep as her sole and separate property said 2002 Ford Explorer automobile and Wife hereby acknowledges that she solely responsible for all debts, obligations, liabilities, costs and expenses in connection with said automobile. Husband and Wife hereby acknowledge a debt due and owing on said automobile with an approximate balance of Three Thousand Dollars ($3,000.00) as of the execution of this Agreement and both parties hereby acknowledge that Wife has made the payments on said automobile since the parties separation. Wife hereby indemnifies and holds Husband harmless from any liability, costs or expense which may be incurred in connection with said liability and expense resulting from Wife's ownership interest in the 2002 Ford Explorer automobile. (b). Husband hereby agrees that he shall cooperate with the execution of any and all documents necessary for the transfer of the 2002 Ford Explorer automobile into the name of Wife alone. Husband hereby waives all of his right, title, claim and interest which he has to said 2002 Ford Explorer automobile. (c). Husband and Wife hereby acknowledge that Wife has certain items of personalty which are pre-marital items owned by Wife, in the residence located at 3711 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania. Initials ~'T 9 Jnitials~T .. . .. County~, Pennsylvania. Husband hereby agrees that Wife shall be permitted to remove her items of personalty, pre-marital items, from the marital residence, and may enter the marital residence with a third party. Wife hereby agrees that she shall provide a list of desired items which she intends to remove from the marital residence within ten (10) days after execution of this agreement, if said list is not attached hereto as Exhibit "A". Wife hereby agrees that she shall remove said pre-marital items on the list of items within thirty (30) days from the entry of the Decree in Divorce. Husband and Wife hereby acknowledge that those items of personalty and furnishings remaining in the marital residence shall become the sole and separate property of Husband free of any and all right, title, claim or interest of Wife. (d). Husband and Wife hereby acknowledge that Husband has in his possession a 2003 CRY automobile which is currently in the name of Husband and Wife. Wife hereby agrees that Husband shall be entitled to keep as his sole and separate property said 2003 CRY automobile and Husband hereby acknowledges that he is solely responsible for all debts, obligations, liabilities, costs and expenses in connection with said automobile. Husband and Wife hereby acknowledge that said automobile is paid in full and Wife, upon request of Husband, shall execute any and all documents necessary for the transfer of the 2003 CRY automobile to be placed in the name of Husband alone. 10. PENSION AND RETIREMENT BENEFITS Husband and Wife each hereby specifically release and waive any and all right, title, claim or interest he or she may have in and to any and all Initials~T 10 InitialsCPJ ~ ~ .' ,. . ' . retirement benefits, including but not limited to penSIon or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits of the other party, including Husband's investment accounts, pension and 401(k) with his current employer, specifically to include a waiver of any spousal annuity benefits and or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this subparagraph. 11.FEDERAL/STATE/LOCAL TAX RETURNS Husband and Wife hereby agree that Husband may claim Madison Thomas, the parties oldest child, born November 27, 1999 on his Income Tax Returns, Federal, State and Local, commencing the year 2006 and each and every year thereafter, and Wife shall claim Ella Thomas, the parties youngest child, born May 22, 2003, on her Income Tax Returns, Federal, State and Local, commencing the year 2006 and each and every year thereafter. Upon Madison Thomas no longer being able to be claimed on Husband's Income Tax Return, due to her age or other circumstances and if at that time, Ella Thomas is still a minor, or is able to be claimed on an Income Tax Return by the parties, the parties hereto agree that they shall alternate claiming the minor child, Ella Thomas, with Wife claiming the minor child on the first year after Madison Thomas may no longer be claimed by the lIusband, and Husband shall be permitted to claim Ella Thomas the Ini tials..&!.Z"' 11 Initials~T .... .- , following year, and the parties shall alternate thereafter until said child, Ella Thomas, is no longer able to be claimed on the parties Income Tax Returns. 12.MEDICAL INSURANCE COVERAGE The parties hereto acknowledge that each party shall be responsible for their own medical insurance coverage, including dental, eye, and any other medical obligations and expenses. The parties hereto acknowledge that previous to the execution of this Agreement Wife has executed a document permitting Husband to release her from coverage through his employment. 13.WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particular ly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 14.\VAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default Initials ..&2T 12 InitialsC2-::> ., ~ . hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. IS.MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 16.AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. I7.BREACH If either party breaches any prOVISIon of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreemen t. I8.LA W OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. Initials MT 13 Initial~1 \ ~ .' . 'J 19.HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 20.DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. Husband and Wife hereby acknowledge that they have executed a Consent and Waiver necessary for finalization of the divorce action filed in the Court of Common Pleas of Cumberland County simultaneously the execution of this Agreement. The parties hereto agree that said divorce action shall be submitted to the Court of Common Pleas of Cumberland County for finalization in such a manner so that a Decree in Divorce may by approved by the Court prior to December 31, 2006. The parties hereto agree that neither shall do anything to prevent said Decree in Divorce being entered previous to December 31, 2006. Initials ~L 14 Initials~ I II' '" \. ... 21.IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. 22.RELEASE OF CLAIMS (a). Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons or claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife Initials .-dg 15 Initia~) - .. " .. ... '" I shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b). Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or othelwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c). Except as set forth in this Agreement, each party shall hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to Initials &fA,1./- 16 ~~ Initials~ . .. ... ~ l . .. ansIng. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, \vhether arising under the laws of Pennsylvania, and sate, commonwealth or territory of the United States, or any other country. (d). Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~......, f/v(( t \ /:--( / (' ) WItness / c -.---, ~- -~ C~~0~/..,--~. ERIN D. THOMAS (SEAL ) . /~ L//~.. ~( /:/",102,// . / / Itness . / ~.;(1 .~.. .. . '{' STEVEN D. THOMAS ~ -- (SEAL) Initials d:.zr 17 Initials~ j . ~ ... COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND On this, the ~r(1 day of -(),( e rrJ:x.r , 200k, before me, a Notary Public, the undersigned officer, personally appeared ERIN D. THOMAS, 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. My Com~nission Expires: _ yf~ JEnt otary Public ,j cOlvr~/10NWEAL TH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GINGER l. GmlTZ, NOTARY PUBLIC cm OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17,2008 , , COUNTY OF CUMBERLAND ,....--~ On this, the d \ day of Yct?rnbr , 200_, before me, a Notary Public, the undersigned officer, personally appeared STEVEN D. THOMAS, 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 se ~--- My commission expires: Initials .-.&?2T . 18 Initials~7 ,0.... "j' i. .' \-- (' ~ ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005-4555 CIVIL TERM STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievably broken under Section (X) 3301 ( c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Service upon Defendant: Acceptance of Service September 15, 2005. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301 (c) of the Divorce Code by Plaintiff, December 2 Z, 2006; by Defendant, December 22,2006. (b) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/ A; Date of service of Plaintiff s affidavit upon Defendant: N/ A. f r- 4.0 4. Date of service of Notice of Intent to Finalize under Section 3301 (d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith and by Defendant: Simultaneously herewith. 6. Related Claims Pending: None ,///-) .) B{;/JA~fie/( fJ-A f Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant Date: (rZ~ f 2.2-/ t l: if. ~ if. if. ~ if. if. if. if. if. ;f. if. if. if. if. if. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ERIN D. THOMAS Plaintiff No. 2005-4555 CIVIL TER...l.f VERSUS STEVEN D. THOMAS Defendant DECREE IN DIVORCE AND NOW, ~~~ , IT IS ORDERED AND 2006 DECREED THAT ERIN D. THOMAS , PLAt NTI FF, AND STEVEN D. THOMAS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REClJD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; O~ ;f. Property Settlement Agreement filed simultaneously herewith. '" '" ;f. if. ;f. if. ~ ~ J. '" if. if. if. if. '" ;f. if. ~ if. if. if. ~ ;f. ,.,,'t'. if. if. ~ ;f. if. if. if. if. if. if. if. if. if. if. ;f. J'71I:?r' ~ ~ ~lJ., L(J' (/1 -/ cyO P .?~ kH? -p1? d' IJf ./