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HomeMy WebLinkAbout05-5099JOANNE HARRISON CLOUGH, PC BY:, JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32" d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff EMILY S. PETERS, Plaintiff V. THOMAS S. PETERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -- elv t CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY:, JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff EMILY S. PETERS, Plaintiff V. THOMAS S. PETERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambidn ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimomales esta dispomble en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY:, JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff EMILY S. PETERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS S. PETERS, Defendant NO. Q SS - S Q4 S CIVIL ACTION - LAW IN DIVORCE C[vrC COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is Emily S. Peters, an adult individual who currently resides at 78 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Thomas S. Peters, an adult individual who currently resides at 78 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 22, 2002, in Central City, Somerset County Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage. 8. Plaintiff seeks a divorce on the following grounds: The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of 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. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301 (c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, Dated: By: N Joanne Attorney I.D. No. 36461 v 24 N. 32' Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 Attorney for Plaintiff JOANNE HARRISON CLOUGH, PC VERIFICATION I, .Emily S. Peters, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unworn verification to authorities. DATE: Z d S _ C n t cn ?r7 L. EMILY S. PETERS, Plaintiff V. THOMAS S. PETERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5099 Civil Term : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Thomas S. Peters acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on September 29, 2005 in the above captioned action by first class mail on the ?-* day of October, 2005. Date: 6 Co 2&h iSP;eters ,-, ..y ? n -„ ._? -? ? } ' ? ? . -„??; 'r. "?} :=? y i i? ? .? ?? ' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this eighteenth day of October, 2005, by and between Emily S. Peters, (hereinafter "WIFE") and Thomas S. Peters, (hereinafter "HUSBAND"); W ITN E S S E T H: WHEREAS, the parties hereto were married on June 22, 2002 in Central City, Somerset County, Pennsylvania; and separated on September 29, 2005; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support, alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Each party to this Agreement has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by independent legal counsel. Of his or her own choosing. WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill, Pennsylvania and HUSBAND has been advised of his right to be represented by counsel of his own choosing, but has elected to represent himself in the negotiation and execution of this Agreement, and The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301( ) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 05-5099 on September 29, 2005. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. 2 Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 3 7. REAL PROPERTY. The parties are the joint owners of real property located at 78 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. HUSBAND and WIFE specifically agree that in consideration of the other property transfers set forth herein, and in consideration of HUSBAND tendering to WIFE the sum of SEVENTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS AND xx/100 ( $ 17,250.00) on or before November 3, 2005. WIFE shall transfer any and all right, title, claim or interest she may have whatsoever in said real property to HUSBAND and HUSBAND shall become the sole and exclusive owner of said property. A. 78 Fairway Drive Camp Hill, Pennsylvania HUSBAND and WIFE agree that WIFE shall sign a deed prepared at HUSBAND'S expense conveying said marital residence of, solely to HUSBAND within two days of being presented with said deed by HUSBAND. HUSBAND shall indemnify and hold WIFE harmless on any obligations whatsoever associated with said real property included but not limited to utilities, real estate taxes, or other liens or expenses. The parties further agree that WIFE may continue to reside at said residence until December 1, 2005 or the date she takes possession of the real property she is purchasing located at 572 Benton Court, Harrisburg, PA 17112, which ever later occurs. B. 572 Benton Court Harrisburg Pennsylvania HUSBAND and WIFE acknowledge that WIFE is purchasing the real estate property at 572 Betnon Court Harrisburg, Pa. HUSBAND waives any right, title, claim or interest in said property and it shall be the sole and exclusive property of WIFE. HUSBAND shall sign and Quick Claim deed is required to be prepared at WIFE'S expense. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation 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 he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such 4 debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation 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 he shall indemnify and save HUSBAND harmless from 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. A. HUSBAND agrees to assume sole responsibility for and indemnify and hold WIFE harmless on the following obligations: 1. 50% of the current balance of the joint 0%Chase Visa credit card account number 4266841018825792 with a current balance of $ 7,760.00. HUSBAND agrees to pay his 50% ($3880.00) of this obligation on or before 11-3-05. 2. HUSBAND's car loan with Nissan. HUSBAND agrees to be solely responsible for and indemnify WIFE and hold her harmless on the loan for the purchase of said Nissan. WIFE specifically waives any right or claim she has to the 2005 Nissan Altima vehicle which shall be the sole and exclusive property of HUSBAND. 3. HUSBAND shall also pay to WIFE each month the sum of 2039 which is the amount of the cost WIFE incurs to continue to carry HUSBAND on her health insurance until the date of the parties final divorce. B. WIFE agrees to assume sole responsibility for and indemnify and hold HUSBAND harmless on the following obligations: 1. WIFE agrees to continue payment on the remaining balance of the 0% Chase Visa credit card account number 4266841018825792 which is currently in her name. The amount that will remain after HUSBAND pays his 50% will be $3880. 5 2. WIFE's 1999 Jeep Grand Cherokee. HUSBAND specifically waives any right or claim he has to this vehicle which shall be the sole and exclusive property of WIFE. 3. WIFE shall be solely responsible and indemnify and hold HUSBAND harmless on WIFE's school loan obligations. 4. WIFE agrees to be transfer the balance of the VISA credit card account currently held at PSECU with an approximate balance of $ 9,800.00 to an account solely in her name. 9. RETIREMENT BENEFITS. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 6 A. The parties specifically agree that WIFE shall receive the personal property set forth on the Inventory signed by both parties attached to this Agreement as her sole and separate property and HUSBAND forever waives any right, title claim or interest he may have in said property. 12. HUSBAND'S VEHICLE. The parties acknowledge that HUSBAND owns a Nissan Altima vehicle and that said vehicle is encumbered by a loan with Nissan Finance with an approximate balance of $23,700. HUSBAND shall assume sole liability for the payment of said obligation and indemnify WIFE and hold her harmless thereon and WIFE waives any claim or interest to said vehicle which shall be the sole and exclusive property of HUSBAND. 13. WIFE'S VEHICLE. The parties acknowledge that WIFE owns a Jeep Grand Cherokee vehicle and that said vehicle is not encumbered by a loan. HUSBAND waives any claim or interest to said vehicle which shall be the sole and exclusive property of WIFE. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. 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 to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney 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 obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 7 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to pay one half of the legal fees currently advance y WIFE in the amount of $ 1,200.00 HUSBAND shall tender to WIFE the sum of $600.00 at the time of execution of this Agreement. In the event WIFE's total legal fees exceed $ 1,200.00, then HUSBAND agrees to pay to WIFE or her attorney one half (50%) of any additional counsel fees. Cost or expenses associated with this Divorce action. Neither party shall seek any contribution thereto from the other except as otherwise expressly provided in this Agreement. 17. ATTORNEYS' 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 breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; 8 (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 24. SUBSEQUENT RECONCILLIATION. In the event the parties reconcile subsequent to the execution of this Agreement, this Agreement shall 9 survive and remain in full force and effect unless modified or terminated in writing executed by both parties. 25. 2005 INCOME TAXES. HUSBAND and WIFE will complete the 2005 income tax filing jointly. Any tax return will be divided equally between parties. If HUSBAND chooses to complete tax forms WIFE has the right to review tax forms prior to signing. 26. LIST OF MONEY HUSBAND TO PAY WIFE. HUSBAND is to pay wife a total of: 1. Real Estate: $17250.00 2. 50% of the CHASE Credit card: $3880.00 3. 4 months of Health Insurance: $81.56 4. 50% of attorney fees: $600.00 Total Due to WIFE on or before November 3, 2005: $21,811.56 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness Witness Emily S. Peters (f -- Thomas S. Peters 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBER`°LrP` NLi SS. .12 On the _? day of ?y?9.E.? 2005, before me, a Notary Public in and for thQmmonwea of Pennsylvania, the undersigned officer, personally appeared S known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL ,AICHAEL R CARANCI, Notary Public i Dyne flora Cmnbortand CourA A( Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumbx-(,"-Vd SS. On the day of Oc.-c bk< 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Grnhl S. T'a l erS known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Pu c My Commission Expires: OC.6?be Z'l, -Sk)o _71 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Notary Public Camp Hill Soto, Cumberland County My Commission Expires Oct 27, 2007 Member, Pennsylvania Association Of Notaries 11 ?? ? ??i r : -? -, -it I'•? J ... ?. `.y T i ..l_ ' .?.?: _, ?) I T? R.J I :•, .. f EMILY S. PETERS, Plaintiff vs. THOMAS S. PETERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5099 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: October 6, 2005 (b) Manner of service: United States Mail. Affidavit of Service filed: October 13, 2005. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed February 2, 2006 and filed simultaneously with this document. (b) By the Defendant: signed January 31, 2006 and filed simultaneously with this document. 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: signed February 2, 2006 and filed simultaneously with this document. (b) By the Defendant: signed January 31, 2006 and filed simultaneously with this document. 5. Related claims pending: NONE DATED: ?- ` I ? Q w Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ? -, , _ ' _ ,? __., -r_- '._ .> ' __ „ , EMILY S. PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5099 CIVIL TERM THOMAS S. PETERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 29, 2005 . The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: ( Thomas '§. Peters ?-? c ?' -?, - .? ? ' ?': i i ? i ; - . ?7 t ? ?rv?. . -v ?- 4,._ r.? .-? ?.. EMILY S. PETERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 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. § 4904 relating to unsworn falsification to authorities. DATE: I / ? ! I ;CQ (v THOMAS S. PETERS EMILY S. PETERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5099 CIVIL TERM THOMAS S. PETERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 29, 2005. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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 Date: a? r_ J 5`' 1t t _ ??. ? T; ??. ?-, r, ? 1 _ r 1. ? ??1_ l? i r .? c- .` EMILY S. PETERS, Plaintiff vs. THOMAS S. PETERS, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO 05-5099 CIVIL TERM :CIVIL ACTION :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 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. 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. § 4904 relating to unswom falsification to authorities. DATE: )19 6 EMILY S. PETERS n c r?+ ?.,, ` _? r: =i?- ?? ?''`, ? _ ; v:a . .-. .> rn r;: ? ?-? w '-'?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. -EMILY S. PETERS Plantiff NO. 05-5099 CIVIL TERM VERSUS THOMAS S. PETERS -Defendant CIVIL ACTION - LAW IN DIVORCE DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Emily S. Peters PLAINTIFF, AND Thomas S. Peters 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; The terms of the attached Marital Settlement Agreement the parties on Octobe"r 18, 105, are incorporated ,,4ecree. by reference, but not merg)i!?d wit?is ATTEST. J. PROTHONOTARY J ?_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L MJ (S?P -I?{5 Plaintiff o / ?/ / ?jVs File No. 1 f 1 ??M ?f S? /--? ? S IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Eln i )y J dam On Ef dPn and gives this written notice avowing his / her intention pursuapt4the provisims of 54 P.S. 704. Date: D - --Signature (114 2 Si afore of name being resum d COMMONWWTH OF PENNSYLVANIA ) COUNTY 0 U44C ? On the 30 day of . wilc . , 2000(&before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary N01ARIAL SK MYCOMAII?p WM MWiY 4. 9010 EMILY S. PETERS, AN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant :IN DIVORCE PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, this 4q?ay of July, 2008 comes the Petitioner/Plaintiff Emily S. Peters, now known as Emily S. van Eeden, by and through her attorney Joanne Harrison Clough, Esquire and files this Petition to Enforce Marital Settlement Agreement and in support there of avers as follows: 1. Emily S. van Eeden is an adult individual who currently resides at 572 Benton Court, Harrisburg, PA 17112. 2. Defendant Thomas S. Peters is an adult individual who's last known address was 78 Fairway Drive, Camp Hill, Cumberland County, PA 17011. The parties entered in to a comprehensive Marital Settlement Agreement which was executed by both parties on October 18, 2005 and was incorporated by reference but not merged into the parties Divorce Decree which was issued on February 15, 2006 at 8:04 a.m. A true and correct copy of the Decree in Divorce and Marital Settlement Agreement are attached hereto, made part of and are incorporated by reference as Petitioner/Plaintiff's Exhibit No. 1. 4. Petitioner/Plaintiff recently attempted to purchase or lease a vehicle and during a routine credit check for that financial transaction discovered that significant debt with delinquencies had been incurred in her name by her ex-husband post execution of the date of the Marital Settlement Agreement, in direct violation of the terms of said Agreement. 5. Paragraph 8 of the Marital Settlement Agreement specifically provides: "Husband represents and warrants to Wife that since the separation 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of separation except as otherwise set forth herein." 6. Since October 18, 2005 in direct violation of the terms of the Marital Settlement Agreement, Defendant/Respondent Thomas S. Peters engaged in the course of conduct and behavior specifically in violation of this Agreement and incurred substantial debt in Wife's name in direct violation of the Agreement as follows: a. On October 28, 2005 at the time of the execution of the Marital Settlement Agreement, the parties' joint personal savings loan at PSECU had a zero balance. A true and correct copy of account statement setting forth said balance of zero on October 24, 2005 is attached hereto, made part of and incorporated by reference as Exhibit 2. On October 28, 2005, in direct violation of the terms of the Marital Settlement Agreement, Defendant/Respondent Thomas S. Peters advanced $1,811.56 on said jointly titled account without Petitioner Plaintiff s knowledge or permission. Husband continued to advance monies on said jointly titled account after October 28, 2005 through to the present and said account now has an outstanding delinquency in both parties' names as of January 1, 2008, in the amount of $5,023.82. b. The parties also had a joint Visa Line of Credit at PSECU which on October 18, 2005 had a zero balance, and had a zero balance at the time of the execution of the Marital Settlement Agreement. In direct violation of the terms of the Marital Settlement Agreement Defendant/Respondent on or about November 28, 2005, took a loan or advance on said Line of Credit in the amount of $13,934.63 in direct violation of the terms of the Marital Settlement Agreement and without the knowledge or permission of Petitioner/Plaintiff. Since said date he has continued to use said Visa account and as of May 1, 2008 has an outstanding debt in both parties name in the amount of $10,036.18. A true and correct copy of said account statement is attached hereto, made part of and incorporated by reference as Petitioner/Plaintiff's Exhibit 3. C. The parties also had a joint account with Sam's Club which showed on Petitioner/Plaintiff's recent credit report as an outstanding joint obligation of $2,850.00 which was incurred after the date of the execution of the Marital Settlement Agreement by Defendant/Respondent Husband and was incurred in joint names post execution of the Marital Settlement Agreement in direct violation of the terms of the Marital Settlement Agreement without the knowledge or permission of Petitioner/Plaintiff. 7. Defendant/Respondent Thomas S. Peters has repeatedly violated Paragraph 8 and other provisions of the parties Marital Settlement Agreement executed on October 18, 2005 and has incurred debt in Petitioner/Plaintiff's name in direct violation of the terms of said Agreement in a total amount of $17,910.00 with interest and late charges continuing to accrue. 8. Petitioner/Plaintiff Emily S. van Eeden's credit has been irreparably damaged as a direct result of Defendant/Respondent incurring said debt in her name without her knowledge or permission and his failure to timely pay said obligations and subsequently defaulting on the obligations. 9. Petitioner/Plaintiff has suffered further damages in that her credit rating has been adversely effected by this additional debt being taken out in her name without her knowledge and by payments on these obligations being delinquent and/or in default which has caused her credit score to drop and the credit available to her and the cost of credit available to be adversely effected. 10. Paragraph 17 of the parties' Marital Settlement Agreement specifically provides that in the event that either party breaches any provision of the Agreement and the other party retains counsel to assist in enforcing the terms of the Agreement, the breaching party will pay all reasonable attorney fees, Court costs and expenses, including interest and travel costs applicable which were incurred by the other party in enforcing the Agreement whether the enforcement is ultimately achieved by litigation or amicable resolution. The Agreement further provides that "it is the specific agreement and intent of the parties that a breaching or wrong doing parry shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non- breaching party in protecting and enforcing his or her rights under this Agreement". 11. Petitioner/Plaintiff Emily S. van Eeden has suffered legal fees, costs and expenses as a direct result of the breach of the terms of the Marital Settlement Agreement by Defendant/Respondent Thomas S. Peters. Petitioner/Plaintiff has incurred counsel fees as of this date in the amount of $750.00 including the preparation of this Petition and it is anticipated said counsel's fees and costs will continue to be incurred in the pursuit of this matter. 12. Petitioner/Plaintiff Emily S. van Eeden contacted Defendant/Respondent in an attempt to avoid the necessity to incur counsel fees and avoid the necessity to petition the Court and asked him to pay said obligations in full and correct his breach of this Agreement. Defendant/Respondent refused to pay the debts off and/or remove Petitioner/Plaintiff as an obligor thereon and only offered to make a $500.00 per month payment on the total debt he incurred in direct violation of the terms of this Agreement. 13. Petitioner/Plaintiff has also suffered additional expenses as a direct result of Defendant/Respondent's breach of this Agreement in that she has had lost wages and other costs associated with the pursuit of enforcement of the terms of the Marital Settlement Agreement. WHEREFORE, it is specifically requested that after hearing on this matter Defendant/Respondent Thomas S. Peters is determined to be in contempt of the terms of the Marital Settlement Agreement and that he be directed to do the following: a. Immediately pay any and all PSECU and Sam's Club debt that he incurred post- separation in joint names; b. Pay all reasonable counsel fees, costs and expenses and wage losses and other damages suffered by Petitioner/Plaintiff as a direct result of his breach of the terms of the Marital Settlement Agreement; He be directed to pay the additional charges Petitioner/Plaintiff incurs in any loan she receives a direct result of the adverse affect of these delinquent accounts have had on her credit rating and d. Grant any further relief this Court deems appropriate. Submitted, ESQUIRE Joanne Harrison Clough, Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Plaintiff Emily S. van Eeden CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States Mail, first class to the following individual set forth below: Thomas S. Peters 78 Fairway Drive Camp Hill, PA 17011 Date: Joanrfllarrison CIO' , Esquire Attorney ID No. 36 6 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Emily S. van Eeden, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn verification to authorities. DATE: ??/ IN THE COURT OF COMMON PLEAS EMILY S. PETERS Plantiff VERSUS THOMAS S. PETERS Defendant DECREE IN DIVORCE CIVIL ACTION - LAW IN DIVORCE 08:04 AM OF CUMBERLAND COUNTY STATE OF PENNA. 2006 IT IS ORDERED AND DECREED THAT Emily S.Peters PLAINTIFF, AND NOW, February 15 AND Thomas S. Peters ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the attached Marital Settlement Agreement executed by the parties on October 18, 2005, are incorporated by reference, but not merged with this Decree. _&AAAA?. BY THE COURT: Edward E. Guido ATTEST: J • ROTHONOTARY Certified Copy Issued: February 15, 20 No. 05-5099 CIVIL TERM L= (T(t3.1 ' ("? N C=J MARITAL SETTLEMENT AGREEMENT M T THIS AGREEMENT, made this eighteenth day of October, 2005,,b^y and -xi between Emily S. Peters, (hereinafter "WIFE") and Thomas S. Peters, (herd-' aft@r "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on June 22, 2002 in Central City, Somerset County, Pennsylvania; and separated on September 29, 2005; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Each party to this Agreement has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by independent legal counsel. Of his or her own choosing. WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill, Pennsylvania and HUSBAND has been advised of his right to be represented by counsel of his own choosing, but has elected to represent himself in the negotiation and execution of this Agreement, and 1 The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301( ) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 05-5099 on September 29, 2005. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. 2 Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 3 7. REAL PROPERTY. The parties are the joint owners of real property located at 78 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. HUSBAND and WIFE specifically agree that in consideration of the other property transfers set forth herein, and in consideration of HUSBAND tendering to WIFE the sum of SEVENTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS AND xx/100 ( $ 17,250.00) on or before November 3, 2005. WIFE shall transfer any and all right, title, claim or interest she may have whatsoever in said real property to HUSBAND and HUSBAND shall become the sole and exclusive owner of said property. A. 78 Fairway Drive Camp Hill, Pennsylvania HUSBAND and WIFE agree that WIFE shall sign a deed prepared at HUSBAND'S expense conveying said marital residence of, solely to HUSBAND within two days of being presented with said deed by HUSBAND. HUSBAND shall indemnify and hold WIFE harmless on any obligations whatsoever associated with said real property included but not limited to utilities, real estate taxes, or other liens or expenses. The parties further agree that WIFE may continue to reside at said residence until December 1, 2005 or the date she takes possession of the real property she is purchasing located at 572 Benton Court, Harrisburg, PA 17112, which ever later occurs. B. 572 Benton Court Harrisburg Penns lvania HUSBAND and WIFE acknowledge that WIFE is purchasing the real estate property at 572 Betnon Court Harrisburg, Pa. HUSBAND waives any right, title, claim or interest in said property and it shall be the sole and exclusive property of WIFE. HUSBAND shall sign and Quick Claim deed is required to be prepared at WIFE'S expense. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation 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 he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such 4 debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation 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 he shall indemnify and save HUSBAND harmless from 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. A. HUSBAND agrees to assume sole responsibility for and indemnify and hold WIFE harmless on the following obligations: 1. 50% of the current balance of the joint 0%Chase Visa credit card account number 4266841018825792 with a current balance of $ 7,760.00. HUSBAND agrees to pay his 50% ($3880.00) of this obligation on or before 11-3-05. 2. HUSBAND's car loan with Nissan. HUSBAND agrees to be solely responsible for and indemnify WIFE and hold her harmless on the loan for the purchase of said Nissan. WIFE specifically waives any right or claim she has to the 2005 Nissan Altima vehicle which shall be the sole and exclusive property of HUSBAND. 3. HUSBAND shall also pay to WIFE each month the sum of 20.39 which is the amount of the cost WIFE incurs to continue to carry HUSBAND on her health insurance until the date of the parties final divorce. B. WIFE agrees to assume sole responsibility for and indemnify and hold HUSBAND harmless on the following obligations: 1. WIFE agrees to continue payment on the remaining balance of the 0% Chase Visa credit card account number 4266841018825792 which is currently in her name. The amount that will remain after HUSBAND pays his 50% will be $3880. 5 2. WIFE's 1999 Jeep Grand Cherokee. HUSBAND specifically waives any right or claim he has to this vehicle which shall be the sole and exclusive property of WIFE. 3. WIFE shall be solely responsible and indemnify and hold HUSBAND harmless on WIFE's school loan obligations. 4. WIFE agrees to be transfer the balance of the VISA credit card account currently held at PSECU with an approximate balance of $ 9,800.00 to an account solely in her name. 9. RETIREMENT BENEFITS. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 6 A. The parties specifically agree that WIFE shall receive the personal property set forth on the Inventory signed by both parties attached to this Agreement as her sole and separate property and HUSBAND forever waives any right, title claim or interest he may have in said property. 12. HUSBAND'S VEHICLE. The parties acknowledge that HUSBAND owns a Nissan Altima vehicle and that said vehicle is encumbered by a loan with Nissan Finance with an approximate balance of $23,700. HUSBAND shall assume sole liability for the payment of said obligation and indemnify WIFE and hold her harmless thereon and WIFE waives any claim or interest to said vehicle which shall be the sole and exclusive property of HUSBAND. 13. WIFE'S VEHICLE. The parties acknowledge that WIFE owns a Jeep Grand Cherokee vehicle and that said vehicle is not encumbered by a loan. HUSBAND waives any claim or interest to said vehicle which shall be the sole and exclusive property of WIFE. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. 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 to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney 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 obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 7 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to pay one half of the legal fees currently advance y WIFE in the amount of $ 1,200.00 HUSBAND shall tender to WIFE the sum of $600.00 at the time of execution of this Agreement. In the event WIFE's total legal fees exceed $ 1,200.00, then HUSBAND agrees to pay to WIFE or her attorney one half (50%) of any additional counsel fees. Cost or expenses associated with this Divorce action. Neither party shall seek any contribution thereto from the other except as otherwise expressly provided in this Agreement. 17. ATTORNEYS' 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 breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; 8 (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 24. SUBSEQUENT RECONCILLIATION. In the event the parties reconcile subsequent to the execution of this Agreement, this Agreement shall 9 survive and remain in full force and effect unless modified or terminated in writing executed by both parties. 25. 2005 INCOME TAXES. HUSBAND and WIFE will complete the 2005 income tax filing jointly. Any tax return will be divided equally between parties. If HUSBAND chooses to complete tax forms WIFE has the right to review tax forms prior to signing. 26. LIST OF MONEY HUSBAND TO PAY WIFE. HUSBAND is to pay wife a total of: 1. Real Estate: $17250.00 2. 50% of the CHASE Credit card: $3880.00 3. 4 months of Health Insurance: $81.56 4. 50% of attorney fees: $600.00 Total Due to WIFE on or before November 3, 2005: $21,811.56 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness Witness 4E* y S. Peters Thomas S. Peters 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUUBER NO . SS. On the /ZY-?- day of 2005, before me, a Notary Public in and for th!?mmonwea of Pennsylvania, the undersigned officer, personally appeared P .5 S known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL , N110HAEL R. CARANCI, Notary Public ! Lemoyne Boro. Cumberland County ; Notary Public ?.4N Commission hires June 15, 2006 ` ?' --- My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF Cuu-nbou4s4- On the I84-1 day of Or- c ap (-- 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Ern% )-,r known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. O G?.p n Notary Pu c T-"-'- My Commission Expires: (366-- z- *Z7, ao01 COMMONWEALTH OF PENNSYLVANIA Notarial Seal M:HiP M. 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OW O+V<ON.+01R:<C3p+ [> P O OC7 w OOOCD OiCT147 w O O O O tT ce co m ( Ss T C?C?70C?CN1t?NpW WGNr1PN30G4Qf0 OdVm OOCnNao W CoC.tOCaOG10Ln0 CCGS+?oC4 WG0+000+ coo C7 O ' O O O A 00 [..rc7c? C?iO [7Y t? 0 e , C '+ tr1 0 0 A O aaooaobacaCac7or?boo c$ 000 0 r°? g ° oC3Ga S$ag 000 00 + a ova $c°a Ovv -4 -4 ^4 ?r-4-40 0 -j -j SAN" ?p O VAO_ f W W rnrn?+? _. -? a a O+?V c a . OO t+ W N N ow W W A O W 'V "Ol O O O O O O f? p o ?y VV a 99 V G-- []9oQo co p P p w c o wCUa V s 0) w a* 'V ^J N -4 z N 04 G0 Q C) O (D ? c S w - - a'n - ?1M n -7- O Ta T p 57 rn Z3 us -n v ' -' > i -I ZCnwcocn0 0toco cn -c m U 3 - p0 N 3 7M b ti 3 ? m ? * ?I11 ? 31 iU W irm m7'm Zr z C ?G 0 :r c ?b t M ca m c ce ' 3 t w ro w 3 pp pp pp pp pp pp pp pp AIsAgA?AA?aA ?o A }C dp co ri c M M d X O O? P ? ?7 G N ! "? i N W 1 r-? +v ti f v? +-1 ?i _i EMILY S. PETERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant :IN DIVORCE HEARING ON PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT 00k AND NOW, this day of V%,V- 2008, after review of the attached Petition to Enforce Marital Settlement Agreement, it is hereby ORDERED and DECREED that a hearing on said Petition to Enforce Marital Settlement Agreement shall be held on the day of A_rpWA 2008, in Court room No. 3- at 01 . 00 aAVP.m. on the fourth floor of the Cumberland County Courthouse 1 Courthouse Square, Carlisle, PA 17013. J. 1d y .W l- Lj- EMILY S. PETERS, VS NO. 05-5099 CIVIL TERM THOMAS S. PETERS, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 28th day of August, 2008, after hearing, it is ordered and directed that the Defendant, Thomas S. Peters take all necessary steps to remove the Plaintiff's name as a responsible party on the PSECU personal savings loan and Visa credit account. He is enjoined from charging any more amounts to said accounts. He must accomplish the removal of her name as a responsible party on said accounts within 60 days of today's date. The Defendant is also responsible for $750 of the Plaintiff's counsel fees. Said amount shall be reimbursed within 6 months of today's date. The Defendant is further enjoined from selling, transferring, or otherwise encumbering the 2004 Jeep Grand Cherokee he currently owns. !?.___...._ By e Court, Edward E. Guido, J. d°Oanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 For the Plaintiff cc c V-fhomas S. Peters V 572 Benton Court Harrisburg, PA 17112 :mlc : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V1 ? 1:9 v cc gnv orz ,t lk? o 1J'a 'ss a i' ,::7q ,t t -:10 EMILY S. PETERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant :IN DIVORCE PETITION FOR CONTEMPT OF COURT ORDER OF AUGUST 28, 2008 IV AND NOW, this day of November, 2008 comes the Petitioner/Plaintiff Emily S. Peters, now known as Emily S. van Eeden, by and through her attorney Joanne Harrison Clough, Esquire and files this Petition For Contempt of Court Order of August 28, 2008 and in support thereof avers as follows: Emily S. van Eeden is an adult individual who currently resides at 572 Benton Court, Harrisburg, PA 17112. 2. Defendant Thomas S. Peters is an adult individual who's last known address was 630 Chatham Way, Lititz, PA 17543. 3. The parties entered in to a comprehensive Marital Settlement Agreement which was executed by both parties on October 18, 2005 and was incorporated by reference but not merged into the parties Divorce Decree which was issued on February 15, 2006 at 8:04 a.m. 4. On July 18, 2008, Petitioner/Plaintiff filed a Petition to Enforce Marital Settlement Agreement after learning Defendant violated the terms of the parties' Marital Settlement Agreement by Defendant/Respondent Thomas S. Peters engaging in a course of conduct and behavior violating Paragraph 8 of the Agreement and incurred substantial debt in Wife's name. 5. Paragraph 8 of the Marital Settlement Agreement specifically provides: "Husband represents and warrants to Wife that since the separation 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of separation except as otherwise set forth herein." 6. A hearing was held on said Petition on August 28, 2008 and the Court determined that Defendant had in fact violated the terms of the parties' Marital Settlement Agreement and entered an Order of Court specifically directing in part that Defendant Thomas S. Peters "take all steps necessary to remove the Plaintiffs name as a responsible party on the PSECU personal savings loan and Visa credit account" within 60 days of the date of the Order. A true and correct copy of the August 28, 2008 Order of Court is attached hereto as Exhibit No. 1. 7. More than 74 days have elapsed since the entry of the August 28, 2008 Order of Court and Defendant Thomas S. Peters has failed to remove Petitioner Plaintiff Emily S. van Eeden as an obligor on the PSECU and Visa credit accounts in direct violation of the Court Order. Petitioner/Plaintiff Emily S. van Eeden's credit has been irreparably damaged and continues to be damaged as a direct result of Defendant/Respondent incurring said debt in her name without her knowledge or permission and his failure to timely pay said obligations and subsequently defaulting on the obligations and she continues to get late notices and delinquency notices as a result of Defendant Thomas S. Peters failure to remove her as an obligor on said loans and his failure to timely pay said debt obligations. 9. Petitioner/Plaintiff has suffered further damages in that her credit rating has been adversely effected by this additional debt being taken out in her name without her knowledge and by payments on these obligations being delinquent and/or in default which has caused her credit score to drop and the credit available to her and the cost of credit available to be adversely effected. 10, Paragraph 17 of the parties' Marital Settlement Agreement specifically provides that in the event that either party breaches any provision of the Agreement and the other parry retains counsel to assist in enforcing the terms of the Agreement, the breaching party will pay all reasonable attorney fees, Court costs and expenses, including interest and travel costs applicable which were incurred by the other party in enforcing the Agreement whether the enforcement is ultimately achieved by litigation or amicable resolution. The Agreement further provides that "it is the specific agreement and intent of the parties that a breaching or wrong doing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non- breaching party in protecting and enforcing his or her rights under this Agreement". 11. Petitioner/Plaintiff Emily S. van Eeden has again suffered legal fees, costs and expenses as a direct result of Defendant's failure to comply with the August 28, 2008 Order of Court and his continued the breach of the terms of the Marital Settlement Agreement. Petitioner/Plaintiff has incurred counsel fees as of this date in the amount of $250.00 including the preparation of this Petition and it is anticipated said counsel's fees and costs will continue to be incurred in the pursuit of this matter. 12. Defendant does not concur with this Petition For Contempt. 13. This matter was previously assigned to Judge Edward E. Guido. WHEREFORE, it is specifically requested that after hearing on this matter Defendant/Respondent Thomas S. Peters be held in contempt of the Order of Court of August 28, 2008 and that he be Ordered to do the following: a. Immediately pay the PSECU personal savings loan and Visa Credit account in full that he incurred post-separation in joint names; b. Pay all reasonable counsel fees, costs and expenses and wage losses and other damages suffered by Petitioner/Plaintiff as a direct result of his breach of the terms of the Marital Settlement Agreement; He be directed to pay the additional charges Petitioner/Plaintiff incurs in any loan she receives a direct result of the adverse affect of these delinquent accounts have had on her credit rating and d. Grant any further relief this Court deems appropriate, including incarceration for his blatant disregard for the August 28, 2008 Order of Court untik such time as he complies with said Order. Respectfully Submitted, JOANNE HARRISON CLOD , ESQUIRE Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Plaintiff Emily S. van Eeden VERIFICATION I, Emily S. van Eeden, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. ?' ?y DATE:A EMILY S. PETERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-5099 CIVIL TERM THOMAS S. PETERS, CIVIL ACTION - LAW Defendant IN DIVORCE IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 28th day of August, 2008, after hearing, it is ordered and directed that the Defendant, Thomas S. Peters - take all necessary steps to difiove the-P-Taifft ff'"s--name- as-a responsible party on the PSECU personal savings loan and Visa credit account. He is enjoined from charging any more amounts to said accounts. He must accomplish the removal of her name as a responsible party on said accounts within 60 days of today's date. The Defendant is also responsible for $750 of the Plaintiff's counsel fees. Said amount shall be reimbursed within 6 months of today's date. The Defendant is further enjoined from selling, transferring, or otherwise encumbering the 2004 Jeep Grand Cherokee he currently owns. By e Court, Edward E. Gui o, J. Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 For the Plaintiff Thomas S. Peters 572 Benton Court Harrisburg, PA 17112 :mlc CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States Mail, first class to the following individual set forth below: Thomas S. Peters 630 Chatham Way Lititz, PA 17543 Date: 11-1-1-ow 1 Joanne Harrison Clad h, Esquire Attorney ID No. 364 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff c - ?`.? ...C ? l . ' ??w" ; 1 rte' ` ?+ "/?i? r.. A.? y EMILY S. PETERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant :IN DIVORCE HEARING ON PETITION FOR CONTEMPT OF AUGUST 28 2008 ORDER OF COURT AND NOW, this "A day of 00r*%*dk008, after review of the attached Petition For Contempt, it is hereby ORDERED and DECREED that a hearing on said Petition shall be held on the day of , 2008, in Court room No. 3 at // 'GO e` .00 a.m./p.m. on the fourth floor of the Cumberland County Courthouse 1 Courthouse Square, Carlisle, PA 17013. Edward E. Guido, J. lido Al I vat 2li :6 WV I Z AON ROQZ Ltl-z-, - 8o/ I r p I EMILY S. PETERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant :IN DIVORCE Previously assigned to Judge Edward E. Guido STIPULATION TO SETTLE PETITION FOR CONTEMPT WHEREAS, Petitoner Emily S. Peters, now known as Emily S. van Eeden filed a Petition For Contempt of Court Order of August 28, 2008 because Defendant Thomas S. Peters has not paid certain debts off in full or otherwise removed Petitioner as an obligor thereon within sixty days as directed is said Order; WHEREAS, a hearing is scheduled to be held on Thursday, December 18, 2008 at 11:00 a.m. on said Petition For Contempt; WHEREAS Defendant Respondent Thomas S. Peters has brought each of the joint accounts in question current and none of said accounts are currently showing any past due or delinquent payments; WHEREAS Defendant and Petitioner desire to stay the current Petition For Contempt to give Respondent additional time to pay off in full or otherwise remove Petitioner as an obligor on said joint obligations he incurred post execution of the Marital Settlement Agreement, and in violation of that Agreement; NOW therefore, the parties agree as follows: The hearing on the Petition for Contempt scheduled for December 18, 2008 shall stayed pending Defendant's compliant with the terms of this Stipulation; 2. No further enforcement action shall be taken regarding this Court's Order of August 28, 2008 provided Defendant Respondent Thomas S. Peters does the following: a. Defendant must make minimum payments in the total monthly amount of Two Thousand Dollars per month on the outstanding balances due on the PSECU personal savings loan and Visa Credit account that he incurred post-separation in joint names; b. Defendant must make all payments in a timely manner so there are no new delinquencies or late payments on the accounts; and c. Defendant shall provide Plaintiff with notice of the date and amount of all payments f he makes on said accounts; and d. Defendant shall not use, charge or in any way increase the balances owed on said accounts and the only account activity shall consist of payments made by Defendant to reduce and pay off in full said credit obligations. 3. When said accounts are paid in full the accounts shall be closed out. 4. The parties request the Court enter a general stay for the time period that Defendant is in compliance with the terms of this Stipulation. 5. Both parties agree that in the even Defendant fails to make a total minimal monthly combined payment of Two Thousand Dollars on said debt obligations, Petitioner Plaintiff can immediately relist the Petition For Contempt for a hearing before the Court. 6. Defendant must timely comply with the Counsel Fee reimbursement provision of the August 28, 2008 Order and this Stipulation does not stay that portion of the Order. 6. Both parties agree that this Stipulation shall be reduced to Court Order. WHEREFORE, each party hereto sets forth his or her signature here below intending to be legally bound. With sses: Emil S. van Eeden Da e Thomas S. Peters Date he makes on said accounts; and d. Defendant shall not use, charge or in any way increase the balances owed on said accounts and the only account activity shall consist of payments made by Defendmt tG -educe and pay off in full said credit obligations. 3. When said accounts are paid in full the accounts shall be closed or..t. 4. The parties request the Court enter a general stay for the time period that De 'e.ndant is in compliance with the terms of this Stipulation. 5. Both parties agree that in the even Defendant fails to make a total minimal r- Y--mthly combined payment of Two Thousand Dollars on said debt obligations, Petitioner Plai;ltit'f c:n immediately relist the Petition For Contempt for a hearing before the Court. 6. Defendant roust timely comply with the Counsel Fee reimbursement prov is1-.?)n of the August 28, 2008 Order and this Stipulation does not stay that portion of the Order. 6. Both parties agree that this Stipulation shall be reduced to Court Order. WHEREFORE, each party hereto sets forth his or her signature here below intending to be legally bound. Witnesses: 444440L&".M-A Emil van Eeden ho 110 . eters r,?tf? f? ?v k ti ?5 A, 4 JAN 13 2009 EMILY S. PETERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 05-5099 CIVIL TERM THOMAS S. PETERS, :CIVIL ACTION Defendant AN DIVORCE Previously assigned to Judge Edward E. Guido PARTIAL STAY OF AUGUST 28.2008 ORDER OF COURT AND NOW, this day of b;tam}xr, 2001, upon review of the attached Stipulation To Settle Petition For Contempt executed by the parties, the terms of said Stipulation are made an Order of Court and the hearing scheduled for December 18, 2008 at 11:00 a.m. is cancelled. LIANUAxy ( 1?e'Aev9 i Edward E. Guido, J. 3 . lz-r 1?? V(Y L,44m? &noro . r tv Pt- ? :SOD _ bol,,,ll INrif"%, r •'.. ti;?t kJ I Z: I I WV I I Nvr 6001 f14tViO1' U`H-Wd 31-x. ?O DOLIIJC?3IIJ