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HomeMy WebLinkAbout05-6395 , vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. os: - 1&,395 C!.tQLL'-r82..:rY\ DEIDRE 1. BOARMAN, Plaintiff MICHAEL C. BOARMAN, Defendant CIVIL ACTION- LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 DEIDRE 1. BOARMAN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No. O~ - .:395 C/u~l'-r~ CIVIL ACTION- LAW DIVORCE MICHAEL C. BOARMAN, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Deidre 1. Boarman, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Deidre 1. Boarman, is an adult individual who currently resides at 16 Regency South, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Michael C. Boarman, is an adult individual who currently resides at II Northwatch Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 8, 1991 in Mechanicsburg, Cumberland County, Pennsylvania. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act ofthe Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There are two (2) dependent children from this marriage, namely Laure Boarman, born June 11, 1992, and Chandler Boarman, born November 12, 1996. 11. This action is not collusive. Count I1-Counsel Fees and ~ 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff lacks sufficient funds to support herself and pay counsel fees and expenses related to this action. 14. Defedant is able to pay Plaintiff counsel fees and expilnses related to this action. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees and costs. Count III - Eauitable Distribution of Marital Property Pursuant to &3502 ofthe Divorce Code 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a writtl~n Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 17. Plaintiff and Defendant are the owners of various assets acquired during their marriage which should be subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Del3ree: A. Dissolving the mar;'iage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreeme:nt is reached between the parties hereto prior to the time ofthe hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. Count IV - Custody 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. The Plaintiff seeks primary custody of the following children: Name Present Residence Age Laure Boarman 16 Regency South Carlisle, P A 17013 13 years DOB 6/1111992 Chandler Boarman 16 Regency South Carlisle, P A 17013 9 years DOB 11112/1996 The children named above are presently in the custody of their natural mother, Plaintiff, Deidre Boarman, who currently resines at 16 Regency South, Carlisle, Cumberland County, Pennsylvania, 17013. The children have resided with the following persons and at the following addresses: Name Address Dates Plaintiff 16 Regency South Carlisle,PA 17013 12/07/2005 - present Plaintiff Defendant 11 Northwatch Lane Mechanicsburg, P A 17050 02/2001 - 12/07/2005 Plaintiff Defendant 757 Dogwood Terrace Boiling Springs, P A 17070 1997 - 02/2001 The mother of the children is Deidre 1. Boarman, Plaintiff, currently residing at 16 Regency South, Carlisle, C..u:nberland County, Pennsylvania, 17013. The father of the children is Michael C. Boarman, currently residing at 11 Northwatch Lane, Mechanicsburg, Pennsylvania, 17050. Plaintiff and Defendant are married to each other and the children were not born out of wedlock. 20. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: the subject children, Kim Fetrow (friend of Plaintiff), Michael Rider (boyfriend of Plaintifl). The relationship of the Defendant to the children is that of natural father. It is believed that Defendant resides alone. 21. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 22. Plaintiff does not know of a person not a party to th.e proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the children and has been their primary caretaker since birth. (b) Plaintiff is able to provide a nurturing stable environment for the children; (c) The best interests of the children would be served if Mother is granted primary physical custody of the children. (d) The children would benefit from continued custody with their natural mother. 24. Each parent whose parental rights to the children have not been terminated and the person who has physical rustody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted full primary physical custody of the parties' two children. . DATE: BY: /Z /7/ZOv)" RESPECTFULLY SUBMITTED: ~ -- ~e B. Costopoulos, Esquir;- ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, P A 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. MICHAEL C. BOARMAN, Defendant CIVIL ACTION - LAW DIVORCE VERIFICATION I, Deidre 1. Boarman, hereby verify that the statements made in the foregoing Complaint in Divorce 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: /o)/~/I-> Signature: ;j~iiL ct. ~"-~ Deidre 1. Boarman p w .{o. p 7l () - ~1:....c \\- -.. 7'" \) ';) .~ , . ....,1 -- lI( 0- \) lI! .--\ (@ ~ ....0 \) ~ c- \) ~ -- I I CY Crt -0 l ~ c'. .Q.. ~ ....0 :t:> -~ t ~ ~ ~ ~ -t... r-- W -- John 1. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Michael C. Boarman, by and through his counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Answer as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Count I - Divorce 5. No response required. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. Count II - Counsel Fees and Costs 12. No response required. 13. The issue of counsel fees and expenses has been resolved pursuant to a Property Settlement Agreement dated December 22,2005. 14. The claim for counsel fees has been resolved pursuant to a Property Settlement Agreement dated December 22,2005. WHEREFORE, the Defendant requests that the Court dismiss the request for an award of counsel fees and costs. Count III - Equitable Distribution of Marital Property Pursuant to *3502 of the Divorc:e Code 15. No response required. 16. The parties have resolved all pending issues regarding property distribution pursuant to a Property Settlement Agreement dated December 22,2005. 17. The parties have resolved all pending issues regarding property distribution pursuant to a Property Settlement Agreement dated December 22, 2005. WHEREFORE, the Defendant requests that the Court: (a) dissolve the marriage between the Plaintiff and the Defendant at the end of the statutory waiting period; (b) dismiss the request for equitable distribution pursuant to the terms of the Property Settlement Agreement dated December 22,2005; (c) incorporate but not merge the said Agreement in the final Decree in Divorce; and (d) dismiss any further relief requested as inconsistent with the terms of the Property Settlement Agreement dated December 22, 2005. Count IV - Custody 18. No response required. 19. It is admitted that the Plaintiff seeks primary custody of the parties' minor children alleged in this paragraph. It is denied that the award of custody to the Plaintiff is in the children's best interest. Although the children are presently in the custody of the Plaintiff, 2 it is only because the Plaintiff removed the children from the marital residence without the consent of the Defendant, the children's natural father. It is believed and therefore averred that the Plaintiff currently resides at 218 East Countryside Road, Boiling Springs, Cumberland County, Pennsylvania. It is admitted that the parties are currently married to each other and the children were not born out of wedlock. 20. It is denied that the children and the Plaintiff currently reside with Kim Fetrow and Michael Rider. It is believed and therefore averred that the Plaintiff resides with her parents at 218 East Countryside Road, Boiling Springs, Cumberland County, Pennsylvania. 21. Admitted. 22. Admitted. 23. Denied. It is denied that the best interest and permanent welfare of the children will be served by her request for custody. The Plaintiff has been exhibiting unstable behavior for the last several months and an award of primary custody to her is not in the best interest of the children. 24. Admitted. WHEREFORE, the Defendant respectfully requests that the Court grant him primary physical and legal custody of the parties' minor children. JAMES, SMITH, DIETTERlCK & CONNELLY LLP Date: \ \-1~C0 3 VFRIFlf'A nON I verify that the statements made in this Pleading 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: / ~.s- . ~/fl./3" Michael C. Boarm ,Plamtlff ., DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Michael C. Boarman, hereby certifY that I have served a copy of the foregoing Answer on the following on the date and in the manner indicated below: VIA U.S MAIL. FIRST CLASS. PRE-PAID Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, P A 17011 Dated: \. \ l\ r (,,- By: Attorneys for Defendant, Michael C. Boarman C) l' ~n .-; -c rn --'-I , , C'l "J '- ::-, \'") C'-..' c, DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 CIVIL TERM MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, accept service of the Complaint filed at the above- captioned docket number on behalf of my client, Michael C. Boarman. I certifY that I am authorized to accept service of said Complaint on my client's behalf. ~, . Box~', Hershey, P A 17033 Telephone: (717) 533-3280 Dated: \ \ '3 \ 0 10 .-- -- " en c', DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT IN CUSTODY The Plaintiff, Deidre 1. Boarman, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: I. The Plaintiff, Deidre 1. Boarman, is an adult individual who currently resides at 16 Regency South, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Michael C. Boarman, is an adult individual who currently resides at 11 Northwatch Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. There are two (2) dependent children from the marriage of Plaintiff and Defendant, namely Laure Boarman, born June 11, 1992, and Chandler Boarman, born November 12,1996. 4. The Plaintiff seeks primary custody of the following children: Name Present Residence Age Laure Boarman 16 Regency South Carlisle, P A 17013 13 years DOB 6/11/1992 Chandler Boarman 16 Regency South Carlisle, P A 17013 9 years DOB 11/12/1996 The children named above are presently in the custody of their natural mother, Plaintiff, Deidre Boarman, who currently resides at 16 Regency South, Carlisle, Cumberland County, Pennsylvania, 17013. The children have resided with the following persons and at the following addresses: Name Address Dates Plaintiff 16 Regency South Carlisle, P A 17013 12/07/2005 - present Plaintiff Defendant 11 Northwatch Lane Mechanicsburg, P A 17050 02/2001 - 12/07/2005 Plaintiff Defendant 757 Dogwood Terrace Boiling Springs, P A 17070 1997 - 02/2001 The mother of the children is Deidre 1. Boarman, Plaintiff, currently residing at 16 Regency South, Carlisle, c.nnberland County, Pennsylvania, 17013. The father ofthe children is Michael C. Boarman, currently residing at 11 Northwatch Lane, Mechanicsburg, Pennsylvania, 17050. Plaintiff and Defendant are married to each other and the children were not born out of wedlock. 5. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: the subject children, Kim Fetrow (friend of Plaintiff), Michael Rider (boyfriend of Plaintiff). The relationship of the Defendant to the children is that of natural father. It is believed that Defendant resides alone. .. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the children and has been their primary caretaker since birth. (b) Plaintiff is able to provide a nurturing stable environment for the children; (c) The best interests of the children would be served if Mother is granted primary physical custody of the children. (d) The children would benefit from continued custody with their natural mother. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted full primary physical custody of the parties' two children. DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : CUSTODY VERIFICATION I, Deidre 1. Boarman, hereby verifY that the statements made in the foregoing Complaint 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: Signature: ~~ /)M Deidre 1. Bo ani --- DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: John 1. Connelly, Jr., Esquire P.O. Box 650 Hershey, P A 17033-0650 BY: DATED: //~~~ Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, P A 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 RESPECTFULLY SUBMITTED: DATE: ~ BY: / eanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 -,) ~,",?l C_. ~-" '\;~i '\1 c~ :.:.J ........ DElDRE L. BOARMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-6395 CIVIL ACTION LAW MICHAEL C. BOARMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 14, 2006 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such confercnce, an effort will be made to resolve the issucs in dispute; or if this cannot be accomplished, to detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Verney. Esq. Custody Conciliator , \\ "I r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infomlation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedtord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~ e-4""f-l!f1 fr,. rJr ~ N"'l 'Je/' K. ( b--u;? f7:'.7 /tF- ,,-''7c'''''' '* it:' / "W~ jiP; "i1'P~"",,/ /-'9 ,cKI ".,'" ,-,', . \., ~ \.'. '~ C' '; . \ \ -:_-}\\. KEOCE\JEl) -U': " . "r','''' , ,I >-'~) ft1 DElDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-6395 CIVIL ACTION - LAW MICHAEL C. BOARMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of February, 2006, the parties having proceeded with a Custody Conciliation Conference under the docket number 2006-332, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, \ . ^ J V \-e~ ~~/V) Y-^--- "- ~acq ine M. Verney, Esquire, Custody Concuktor C) ,-- ..." rr-J c:.:;; c ( )"'.,^,' f',:" DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LA W : DIVORCE PLAINTIFF'S 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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. Dated: t!~/tV Signature: ;9~~ L~ Deidre L. Boarman ....n n-: \" j" f''''''''''' C? \.,_J -L:~::) i:1 c:;--. C-e c: ..r::- -c ~~. (~) 1',) CO DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 15,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: ~ Signature: Deidre L. Boannan .......) C:=.J j"-",...... ~ () i1 :::::1 ~- CA,} 1'_, CJ DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on December 15, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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:R~b Signature: Michael C. g ,~ .- c..., ~?) :?~..,-I ("'Ie _\~~lr''-\ .,........ ;.., ,c. .~ '--,s' \ L;? :'~;.Sf, :-.:""A "0 :.:,,:, .- t.'<} DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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 PaC.s. ~4904 relating to unswom falsification to authorities. Dated:b~~ s_~ "-- c C. Boarman ..-' C;',' ';}; L;:. S,-,;; -- cJ' -::" ,,' o -\1 .--' :):;..,.., rnc;. ~\tc;' .; ~,\C. L:; _),;:_c:, .~;~,!;\ '~:.\ 'n :;.c. -- L':> " 65~&3q5 DEIDRE L. BOARMAN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No. ~ I ())/ s 2 tJ() S : fACS"E:5 2)'l/tJ 717' : CIVIL ACTION - LA W MICHAEL C. BOARMAN, Defendant ORDER OF COURT AND NOW this ~ ~y of :r~~ , 2006, a rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable \0 days from service. BY THE COURT: J. ~ ~ ~ r ~ ~ C" ,1 ~f .p -' f .f">'b '~ ~ I ! 7:' >.1?1 ',; ;" ,~ ~. , :_" MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN MlCHAEL C. BOARMAN AND DElDRE L. BOARMAN Jeanne B. Costopoulos, Esqtltre 3803 Gettysburg Road Camp Hill, PA 17011 Telephone; (717) 920-2500 Counsel fOT Deidre L. Boarman John J~ Connelly, Jr., Esquire P.O~ Box 650 Hershey, PA 17033-0650 Telephone: (717) 533-3280 Counsel for Michael C. Boannan DEI ORE L. BOARMAN, Plaintiff : fN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-6395 MICHAEL C. BOARMAN, Defendant CIVIL ACTION - LA W DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 71 day of Deel ,2005, by and between DElDRE L BOARMAN, and MICHAEL C~ BOARMAN: WITNESSETH: WHEREAS, Michael C. Boarman (hereinafter referred to as "Husband") and Deidre L. Boarman (hereinafter referred to as "Wife") are husband and wife, having been lawfully married on December 8, 1991 in Mechanicsburg, Cumberland County, Pennsylvania: WHEREAS, two children were born of the marriage between the parties, namely Laure Boarman, born Iune ] 1, 1992, and Chandler Boarman, born November 12, 1996; WHEREAS, the parties entered into an AnteNuptial Agreement on November 30,1991 and a Postnuptial Agreement on March 9,1994; WH EREAS, taking into account the aforementioned Agreements, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and a1l claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereina~er set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wite, each intending to be legally bound Ilereby, covenant and agree as follows: 1.' ADVICE OF COUNSEL. The provisions of this Agreement as well as the provisions of the AnteNuptial Agreement and Postnuptial Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been I ~. ,/jJi3 J1Ifws-: _ i\ ''';' Initials: tJyJi_ fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily. after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or'possessed individually by the other, counsel fees and costs oflitigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees, expenses and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and an other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the COUlts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and f~lir disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth In this Agreement is fair, reasonable and Initiols<~~ 2 !nitials: Ai.:;t 8 equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full. proper and~ndependent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Wife has initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas at docket number 05-6395 Civil Term~ It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Cash to Wife. Husband shall pay Wife the sum oftifteen thousand dollars ($15,0()0~00) within seventy-two (72) hours following the execution date of this Agreement. .~' lnitials:/ ~ 3 Initials: ./iJ:/..3 (b) Residence. The parties acknowledge that Husband is the titled owner of the residence located at 11 Northwatch Lane, Mechanicsburg, Cwnberland County, Pennsylvania, 17050 (hereinafter referred to as the '<Residence"). This is the residence the parties occupied as Husband and Wife. The parties agree as follows with respect to the Residence: (1) Commencing on the execution date of this Agreement Husband is granted exclusive possession of the. Residence. (2) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies. and any other policy of insurance with respect to the Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and Wife timher agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Residence, regardless of when such cost or liability arose, including, but not limited to, the existing mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors. assigns, heirs, executors and administrators indemnified and held hann!ess from any liability. cost or expense, including actual anomeys fees, which may be incurred in connection with such liabilities and expenses. (e) Motor Vehicles. Husband shall retain possession and receive as his sole and separate property, any vehicles currently titled or leased in his name or the name of Bartek Industries, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indt...btedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife~ Husband shall indemnify and hold Wife harmless from any and all tiabil\ty, cost or expense, including actual attorneys fees, incurred in connection with his vehicles. The parties agree that they do not joinrly own any vehicles which are titled in both parties' names and that Wife does nor currently own any vehicles which are titled In her name solely~ Ini'ial",~ 4 Initials: J-.":rL!5 (d) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender vaJLIe~ if any, and also specifically to include a waiver of any beneficiary designation thereunder. <e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and aIr right, title, claim or interest that he or she may have in and to any and all 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, specifically to include a waiver of any spousal annuity benefits andlor 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 !Tom time to time to accomplish the purposes of this subparagraph~ (I) Cash Accounts, Stocks and Investments. (I) Wife agrees that Husband shall retain as his sole and separate property, free !Tom any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accoUlits, or any other assets of a similar nature which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, !Tee !Tom any and all right, title, claim or interest of Husband. any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in . Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty days of execution of this agreement. InitiaIS:~ 5 lnitials: kiJ3 (4) Husband shall retain all his ownership interest in Bortek Industries as referenced in the aforementioned Antenuptial and Postnuptial Agreement. (g) Furnisbines and Personalty. The parties agree that they will divide by separate agreement between themselves all furnishings and personalty located in the Residence which are identified as marital property, including all furniture, furnishings, antiques,jewelry, rugs. carpets, household appliances and equipment. In the event the parties cannot reach an agreement on the division of the furnishings and personalty, the parties shall submit their disagreement to the Court of Common Pleas Cumberland County, Pennsylvania for final resolution. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree that Wife shall own, possess. and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shaH constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife~ (j) Propertv to Husband. The parties agree that Husband shall own, possess, and enjoy, !i'ee from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property. and waives and relinquishes any and all rights t~~reto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband~ Initials-4:::> 6 Initials: ,/:);.1.6 Initials: (k) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name. Husband shall also be solely responsible for any and all expenses associated with the Residence as set forth in subparagraph 5(a) above. (2) Wife shall he solely responsible for any and all liabilities he has incurred which are sofe!y in her name. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnifY and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party' agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (m) Indemnification of Wife. (fany claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense. defend Wife against any such claim, action or proceeding. whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sote expense, defend Husband against any such claim, action or ./~... :(g) 7 Initials: /);liS proceeding, whether or not well-founded, and indemnity him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warranty as to Future Oblie:ations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnity, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF INHERIT ANCE RICHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason oftheir marriage, except the rights saved or created by the tenns of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws.of Pennsylvania, or any other jurisdiction, and shall include an rights under the Pennsylvania Divorce Code. 7. W AIYER OF BENEFICIARY DESICNA TION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the tenns of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in /~) Initi"lsVn!~ 8 Initials: '\ 1M'6 the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 8. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution oftheir assets and liabilities pursuant to S3502 ofthe 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 any claim, right, title or interest whatsoe\ler 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 shall hereafter own and enjoy independently of any claim or right of the other, all items ofpersonaJ property, tangible or intangible. acquired by him or her from the execution date of this Agreement with full power in him Jr her to dispose ofthe same fully and effectively for all purposes. (b) Each rJarty 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 othetwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law (}f 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 hercin~ ~~~ IllllJaJs~'~ 9 Initials: /li6 -- (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and esmte from any and all rights, claims, demands or obligations arising out of or by virtue orthe marital relationship ofthe parties whether now existing or hereafter arising. The above release shan 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, curtesy, widow's Of 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 treal a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, wh~ther arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the panies 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 aU causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. (e) The panies funher acknowledge that they have addressed all issued raised in the aforementioned Antenuptial Agreement and Postnuptial Agreement and this Agreement contains a complete and final resolution of an issues relating to the parties' marriage as welt as the aforementioned Agreements. 9. PRESERV A TION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party wil1 allow the other party access to those records in the event of tax audits. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shaJl be effective unless in writing signed by each of the parties hereto. .~~. /f7.//f/j Injti(Jls:~ . 10 Initials: _ /'.:,~~ 15 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invaIid or unenforceable, the remaining provis.ions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party~ 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or ifnot on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 16. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 17. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the tenns hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are lnserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. ~~ -- Ini1ials: <-:- II Initials: ;,\;,;2"'i'S 19. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 20. ENTIRE AGREEMENT. Each party acknowledges tnat ne or she has carefully read this Agreement, including any and all otner documents to wnich it refers, such other documents being incorporated herein by reference~ that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own att,omey; and that this instrument expresses the entire agreement between the parties concerning the subjects it pJfports to cover and supersedes any and all prior agreements between the parties. Tnis Agreement should be interpreted fairly and simply, and not strictly for or against either of tne parties. 21. MUTUAL COOPERATION. Each party snail, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party Wlfeasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 22. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. TNESS WHEREOF. the parties hereto set their hands and seals on the dates of their Aadu i ~ DEIDRE L. BOARMAN --> /--.c: MICHAE 12 Initials: AJ;Z!) COMMONWEALTH OF PENNSYLVANIA (\J'{\\NrO ) ) ) COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL C. BOARMAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. 22- GIVEN UNDER MY HAND AND SEAL OF OFFICE tllis day of 'm(3\\\l1' ,2005. ~ULVlMUNWEAl..TH Of PENNSYLVANIA Notarial Seal JenniferN. Grove, Notary Pt.:blic SilverSprlngTwp., Cumberland County My Commission Expires Jan. 28,2008 "~prnl1er, P~nn~vlv"l1i;> A~s(ld~tJ(ln of Notanes _rl~O ~C)~K}Jf' No ublic in 'for . Commonwe~lth of Pennsylvania . V'(\\\ t(A... N j~rr;. I Typed or prmted name of Notary: ~\ \J "\..)~'--/V My commission expires: ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OFC\ ~:rff\ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DEIDRE L. BOARMAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22 day of r:cr.ru:DCI' __._____, 2005. ,--UNlMONWEAl.:fB tJF Pl:I~N,)YLV^NI!\ Notarial Seal . Jennifer N. Grove, Notary Pt;bIIC Silver SpringTwp., C~mberland Count)' My Commission E;<,plteS Jan. 2&, 2008 M",mh<-~r p<-!nl1"vlv?n;" ^e-r'l,,;,linn of Nntnries o ~~ ~~a J (\ t\\D'f ~lic in for Commonwealth of Pennsylvania Typed or printed name of Notary: . YJ\\\~Ea' 11 ~\Jf' My commission eXPires:~;lCf) ?~ ]nitials~ IJ Initials: _.~_~ ------'~- c; -~" c' ,.....~, ',--0 , ' --- '~ ~ (\ (... r ... DEIDRE 1. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6395 MICHAEL C. BOARMAN, 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: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed January 3,2006 and filed by Defendant's attorney, John J. Connelly, Jr., Esquire on January 11,2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) ofthe Divorce Code: by Plaintiff: June 6, 2006; by Defendant: June 7, 2006. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: r 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated December 22, 2005. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) of the Divorce Code: or, date of execution of Waiver of Notice ofIntention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: June 6, 2006; by Defendant: June 7,2006. and, date of filing of the Waiver of Notice of Intention to Request Entry ofa Divorce Decree: by Plaintiff: June 14, 2006; by Defendant: June 16,2006. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: (il?j5/ u(o o c.:. ,'~:-' C'"" o -n :r---' -r; ..-.-.' ::,':,.. ,-- ~"; ) I-....J .....0 - r.Y'\ ui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN NA. STATE OF DEIDRE L. BOA~MAN Plaintiff VERSUS MICHAEL C. BOARMAN Defendant . AND NOW, No. 05-6395 DECREE IN DIVORCE ~u t)\-~ I 2006, IT IS ORDERED AND DECREED THAT Deidre L. Boarman , PLAINTIFF, AND Michael C. Boarman , 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 attached Marital Settlement Agreement is hereby incorporated, . . but not merged, into this Decree in Divorce. . . . . . ATTEST: . . . . . . J. . . . . . . . . ~fr'~ ~~ ~(}'L'~ /jr/y?~~-~ 1(7- L'o . ...," ',. -.. ~ .. "to . ,'" ..11'" \' . .-4 ."~ . ",' ... ... L-- 1- SEP 0 5 200~ DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. H1S1 S 2005 05- ~3q5 MICHAEL C. BOARMAN, : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this -'il:L day of ~ p r t ,2006, upon consideration ofJeanne B. Costopoulos' Petition to Withdraw as Counsel and Petition to Make Rule Absolute, it is hereby Ordered that Jeanne B. Costopoulos Esquire, is granted leave to withdraw as counsel for Plaintiff, Deidre L. Boarman. BY THE COURT: cL< 1. \)\9 ~ ~" o t" ~O 1:' "t..! "1,-: . i} "" :lC) .__.~---'-_....-.~ DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. J.QSI32005 o5'-~?A5 MICHAEL C. BOARMAN, CIVIL ACTION - LAW IN SUPPORT MOTION TO MAKE RULE ABSOLUTE AND NOW, the Petitioner, Jeanne B. Costopoulos, Esquire, makes the following Motion to Make Rule Absolute: 1. Petitioner, Jeanne B. Costopoulos, Esquire, filed a Petition to Withdraw as Counsel for Plaintiff. n-'I ~ 2. On July 10, 2006, a rule was issued on both parties' to show cause why~PetitiBfi should ~:t:~ ~ :::0 fT1 r Ci') <..nfT1 not be granted. The Rule was returnable 10 days from service. r --I Cl W ~c=;o 0 o:::o-rt 3. Petitioner served both the Petition and Rule on Plaintiff, Deidre Boal'fliID1~via 1krtified ry restricted delivery mail on August I, 2006. (See attached Exhibit A - Affidavit of Sewice). . W 4. Petitioner served both the Petition and Rule on counsel for Defendant, John J. Connelly, Jr., via certified restricted delivery mail on August 1, 2006. (See attached Exhibit B - Affidavit of Service). 5. Neither party has filed a response to the Petition to Withdraw as Counsel and more than 10 days have elapsed since service of the Petition and Rule upon both parties. WHEREFORE, the undersigned respectfully requests this Honorable Court to grant her leave to withdraw as counsel for Plaintiff, Deidre L. Boarman. ./ , Date: '6(7 r /Ciff/ BY: Respectfully submitted, ~ ~ostopoulOS' Es~ 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 " DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 1051 S 2005 MICHAEL C. BOARMAN, : CIV1L ACTION - LAW CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, first class mail, prepaid, and addressed as follows: Deidre L. Boarman 1915 Market Street Camp Hill, PA 17011 John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, P A 17033-0650 BY: eanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 Date: ?(~r (ZUdb E)(.\-IIBII A . DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 1051 S 2005 MICHAEL C. BOARMAN, : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel and Rule to Show Cause was served upon the Plaintiff indicated above on August 1, 2006, by first class, Certified Mail No. 7000 15300001 6001 9258, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa.R.C.P. ~ 1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 'i (2 r I VfUp BY~ e . Costopoulos, ~~ 3803 Gettysburg Road Camp Hill, P A 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 SENDER: COMPLETE THIS SECTION .. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse :- so that wecan return the card to you. . Attach this card to the back of the mailpiece, X or on the front if space permits. 1. Article Addressed to: })~\clr~ L. Bo G4'MClV\ \ q 15 (V\(kt'Jed- 5fr.Qe..t ilifff t-\\\\ I PA- 170 II 3. S~e Type ~ Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.OD. 4. Restricted Delivery? (Extra Fee) es PS Form 3811, March 2001 2. Article Number (Transfer from service labeV ({) 00 IS" 30 0 0 {} / 6tJB! q2)"'g Domestic Return Receipt 102595-01-M-1424 E)(\-IIBI\ B -- , DEIDRE L. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ]051 S 2005 MICHAEL C. BOARMAN, : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verifY that the Petition to Withdraw as Counsel and Rule to Show Cause was served upon counsel for Defendant on August 1, 2006, by first class, Certified Mail No. 7000 1530000 I 6001 94] 8, postage prepaid, return receipt requested, pursuant to the requirements ofPa.R.C.P. 91930.4. I verify that the statements made herein are true and correct and 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: '0 r 2-1 /ZfFtf~ BY: ~ ________ ~ostopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is delive ddress different from item 1? If YES, enter delivery address below: o Agent o Addressee DYes o No SENDER: COMPLETE THIS SECTION _56hV\ ~~ C(JY\YlR/11 JR. eO, f3cJ;( 6 <;0 J{.QJ~t\~ P4 lI033~tbst. 3. ~~ Type 9'Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.o.D. 4. Restricted Delivery? (Extra Fee) DYes 2~ Article Number (Transfer from service label) PS Form 3811, March 2001 7t)()O 1<)30 00-01 'Obi 4" I~ Domestic Return Receipt 102595-01-M-1424