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HomeMy WebLinkAbout02-0985ROBEKT L. NICHOLSON, Plaintiff, VS. GEORGIA J. NICHOLSON Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - AT 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 again~ 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 fights 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILF. 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 TI:IlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W[rERE YOU CAN GET LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ROBERT L. NICHOLSON, Plaintiff, VS. GEORGIA J. NICHOLSON Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION- AT LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF ~ DIVORCE CODE The Plaintiff. Robert L. Nicholson, by and through hl.q attorneys, The Law Offices ofPalrick F. Lauer, Jr., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE 1. The Plaintiff, Robert L. Nicholson, is an adult individual whose current address is 1104 Yverdon Drive, Apt. A4, Camp Hill. Cumberland County, Pennsylvania 17011. 2. The Defep~d~nt, Georgia J. Nicholson, is an adult individual whose current address is 1012 W. FoxcroR Drive, Camp Hill. Cumberland County, Pennsylvania 17011. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months mediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were manied on March 15, 1996 inl~_aami, Florida. 5. There have been no prior actions of divorce or for annulment between the parties except for a 2001 Cameron County divorce action that was dismissed for lack of Venue. 6. The marriage is ineh-ievably broken. 7. 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. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth speelflcal~ below. 10. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 11. The Plaintiff and the Defendant have been unable, as of the a_ote of this Complaint, to agree as to an equitob!e division of said property. WHI~Rg. gORE, the Plalnti~ Robert L. Nicholson, respectfully requests this Honorable Court to equitably divide all marital property and to enjoin it from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. The Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital proper~y into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. Date: Respectfully submitted, Mm~L Marldey, Esquire 2108 Market Str~, Aztec Building Camp I-~ Pennsylvanh 170114706 ID# 84745 Tel. (717) 763-1800 ROBERTL. NICHOLSON, Plaintiff, VS. GEORGIA J. NICHOLSON Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : IN DIVORCE VERIFICATION I verify that the statements made in this 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 unswom falsification to authorities. Signature: ~~~..~ ROBERTL. NICHOLSON ROBERT L. NICHOLSON, Plaintiff Vo GEORGIA J. NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-985 Civil : : CIVIL ACTION - 1N 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 relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, First Floor, 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, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT L. NICHOLSON, Plaintiff GEORGIA J. NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-985 Civil : : CiVIL ACTION - IN LAW : DiVORCE COMPLAINT / PETITION FOR ALIMONY PENDENTE LITE~ COSTS~ COUNSEL FEES AND ALIMONY AND NOW COMES the Defendant/Petitioner, Georgia J. Nicholson, by her counsel, William L. Grubb, Esquire, and complains of the Plaintiff/Respondent, Robert L. Nicholson, as follows: 1. The Defendant/Petitioner, Georgia J. Nicholson, is an individual residing at 1012 West Foxcrofi Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Plaintiff/Respondent, Robert L. Nicholson, is an adult individual residing at 1104 Yverdon Drive, Apt. A-4, Camp Hill, Cumberland County, Pennsylvania. Florida. The Defendant and Plaintiff were married on March 15, 1996, in Miami, 4. The Defendant and Plaintiffare living separate and apart. 5. Plaintiff and Defendant have been residents of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint / Petition. 6. The Plaintiff/Respondent is believed to be employed by the United States Army and earns in excess of $5,300.00 net per month. Plalntiff/Respondent's social security number is 011-38-7373. 7. The Defendant/Petitioner is employed by the Harrisburg Academy and earns approximately $1,100.00 net per month. Defendant/Petitioner's social security number is 082-40-9139. 8. The Defendant/Petitioner is not'receiving public assistance. 9. The Plaintiff/Respondent has not sufficiently provided support for the Defendant/Petitioner and the Defendant/Petitioner has insufficient means of support for self and is without sufficient funds to meet the costs and expenses of this litigation. COUNT I ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 10. Defendant/Petitioner incorporates the allegations of paragraphs one (1) through nine (9) by reference as if set forth at length herein. 11. By reason of the divorce action filed by Plaintiff/Respondent, Defendant/Petitioner will be put to considerable expense in the preparation of her case, in the employment of counsel an the payment of costs. 12. The Defendant/Petitioner is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 13. Plaintiff/Respondent has adequate earnings to provide for Defendant/Petitioner's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner requests the Court to enter an award of Alimony Pendente Lite, costs and expenses against the Plaintiff/Respondent and in favor of Defendant/Petitioner, as well as provide medical support for the Defendant/Petitioner, if appropriate. _COUNT II ALIMONY 14. Defendant/Petitioner incorporates the allegations of paragraphs one (1) through thirteen (13) by reference as if set forth at length herein. 15. Defendant/Petitioner lacks sufficient property to provide for her reasonable needs. 16. Defendant/Petitioner is unable to currently sufficiently support herself through appropriate employment. 17. Defendant/Petitioner's employment contract with Harrisburg Academy terminates in June, 2002. Thereafter she will be without employment. 18. Plaintiff/Respondent has sufficient income and assets to provide continuing support for the Defendant/Petitioner. WHEREFORE, Defendant/Petitioner requests the Court to enter an alimony award in favor of Defendant/Petitioner in as much as the law will allow. Respectfully submitted, William L. Grubb, Esquire I.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant/Petitioner VERIFICATION I, GEORGIA J. NICHOLSON, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Georgia J. ~[chg~'on' D~'fendant/P etitioner CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below, Counsel for the Plaintiff/Respondent, by depositing the same in the United States Mall, First Class, postage prepaid, at Camp Hill, Pennsylvania: Marlin L. Markley, Esquire 2108 Market Street Camp Hill, PA 17011 William L. Grubb, Esquire I.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant/Petitioner ROBERT L. NICHOLSON, Plaintiff GEORGIA J. NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-985 Civil .' : CIVIL ACTION - IN LAW : DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS To: Robert L. Nicholson C/O Marlin L. Markley, Esquire Law Office of Patrick Lauer 2108 Market Street Camp Hill, PA 17011 PLEASE TAKE NOTICE that you are hereby, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Responses in writing under oath to the Following Document Requests. ,2002 By: William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; Co) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person to whom the document was sent; (f) State the present location of the document and ail cOpies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, diagrams, drawings, minUtes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers; or any other person acting on your behaif, are now in possession, custody, or control. The purpose of the inspection is to aid plaintiff in the preparation of the trial of this case. The items to be produced for inspection and photocopying are the following: 1. The settlement statement, known as the HUD-l, foim the sale of the marital property at 15276 Waterwheel Terrace, Woodbridge, VA. 2. The settlement statement, known as the HUD-l, form the purchase of the property at 15276 Waterwheel Terrace, Woodbridge, VA CERTIFICATE OF SERVICE I hereby certify that on this __ day of June, 2002, a true and correct copy of the foregoing PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS was served upon the following by depositing same into the US Mail, first class, postage pre-paid to: Marlin L. Markley, Esquire Law Office of Patrick Lauer 2108 Market Street Camp Hill, PA 17011 Date: ,2002 William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J. NICHOLSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-985 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. 2001, of at least two years. 2. The marriage is 3. I understand division of property, them before a divorce AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about September and have continued to live separate and apart for a period irretrievably broken. that I may lose rights concerning alimony, lawyer's fees or expenses if I do not claim is granted. I verify that the statements made in this affidavit and correct. I understand that false statements herein subject to the penalties of 18 Pa. C.S. falsification to authorities. are true are made § 4904 relating to unsworn Sworn to and subscribed to before me this day of , 2003 Notary Public ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J.NICHOLSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 985 CIVIL IN DIVORCE A~FIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 l(c) ,of the Divorce Code was filed on March 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. D~TE: J GEORGIA~J. NI~HO~/~ON ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J.NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-985CIVIL : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 l(c) of the Divorce Code was filed on March 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THI:] PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. DATE: ROBERT L. NICHOLSON ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J. NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND C, OUNTY, PENNSYLVANIA : NO. 02-985 CIVIL : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE~UF-~T ENTRY OF A DIVORCE DECREE UNDER SECTION 3301[C[ OF THE DIVORCE CODF, 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 fried with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. DATE: ROBERT L. NICHOLSON ROBERT L. NICHOLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 02 - 985 CIVIL : GEORGIA J. NICHOLSON, : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this _~t dav of ,...,./~/, 2004, the parties and counsel having entered~'into an agreement and stipulation resolving the economic issues on January 27, 2004, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment: of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. CC: /Marlin L. Markley Attorney for Plaintiff William L. Grubb Attorney for Defendant BY THE COURT, Ge~[rg~ ~. 'Ho'ffer, P~ J. O0 ~l ~1 8~ NVr' ~00~ ROBERT L. NICHOLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 02 - 985 CIVIL : GEORGIA J. NICHOLSON, : Defendant : IN DIVORCE Nicholson, Defendant, Grubb. THE MASTER: Today is Tuesday, January 27, 2004. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are Robert L. and his counsel Marlin L. Markley, and the Georgia J. Nicholson, and her counsel William L. This action was commenced by the filing of a complaint in divorce on March 1, 2002,. raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. With respect to the grounds for divorce, the parties have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree dated today. The affidavits and waivers will be filed with the Prothonotary by the Master's office; therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. Previously an affidavit under Section 3301(d) was filed but we have determined today to go forward under the 3301(c) section of the code. On April 2, 2002, wife filed a petition raising additional economic claims of alimony, alimony pendente lite and counsel fees and expenses. The parties were married on March 15, 1996, and separated September 26, 2001. There are no children of this marriage. After negotiations this morning, the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be the substantive agreement of the parties dealing with all economic claims. The agreement as placed on the record will not be subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement as stated on the record will resolve all economic claims and even if the parties do not subsequently sign the agreement, they are bound by the terms of the agreement as stated on the record at this time. The signing of the agreement by the parties will be simply an affirmation of the terms of settlement as stated. The parties are going to return later today to review the agreement for typographical errors, make any corrections as necessary, and then affix their signatures 2 affirming the terms of settlement. completed agreement by the Master, an order vacating his appointment a praecipe transmitting the record to final decree in divorce. Mr. Grubb. MR. GRUBB: Upon receipt of the the! Master will prepare and counsel can then file the Court requesting a 1. Regarding the equitable distribution of the marital assets, from the joint checking account, husband agrees to pay wife the sum of $8,389.00. 2. Each party has previously divided an IRA, one in each name that has been divided prior to this. 3. The car that is in possesion of each will remain the property of that person. The 2002 Saturn that is currently being used by wife is titled in the name of husband. Husband has agreed to cooperate fully in transferring the title and signing any documents that may be necessary to effectuate the transfer of title from husband to wife. The other vehicle is in husband's name. Any amounts that are owed on the Saturn which will become the possession of the wife, shall become the responsibility of the wife. Husband is currently making the payments on the car and he will provide all payment information necessary and required for wife to make and continue making the payments. Wife will indemnify and hold husband harmless on account of any claim that is made by the lienholder on the vehicle as she assumes the obligation for payments thereof. 4. The parties have prior to this divided and split the household furnishings in a manner which is satisfactory to both parties. 5. The husband also agrees to pay to wife the sum of $10,000.00 in consideration for the equitable distribution issues regarding a house on Water Wheel Terrace. The payments for the house and the wife's portion of the checking account totals $18,389.00. ?he parties have agreed that there will be a first payment of 1/2 of the total due from husband to wife on February 15, 2004, and the second payment of an equal amount shall be payable one year later on February 15, 2005. 3 6. Husband agrees to have entered a QDRO dividing and distributing his military pension in the sum of $546.00 per month to wife. In the event that a QDRO is not allowed under the payment plan from the plan administrator, and we suspect that might be so because of the marriage being less than ten (10) years, husband will execute with his bank that the $546.00 will be taken directly out of his checking account and sent directly to Georgia Nicholson through an account. The $546.00 per month that is from Mr. Nicholson's pension is a gross amount to be paid to Georgia Nicholson and it is the intent of the parties that she is responsible for the taxes on that portion -- that $546.00. If a QDRO can be provided it should be accomplished within sixty (60) days of today's date; otherwise, the payments will be immediately set up for the transfer to wife's account from husband's account as they mutually agree. 7. Regarding the issue of alimony, husband agrees to pay to wife alimony in the sum of $825.00 a month to be set for an indefinite period of time. Said alimony shall be terminable upon the death of either party, the remarriage of wife, or the cohabitation of wife with a person of the opposite sex. With respect to modification or termination otherwise in accordance with Section 370t(e) of the Domestic Relations Code, the alimony payments may be modified or terminate in accordance with an order of court based on a petition filed by either party claiming changed circumstances of a substantial and continuing nature. The alimony is to be paid to Mrs. Nicholson through the office of the Domestic Relations Office of Cumberland County. The spousal support order will terminate immediately upon the entry of the divorce decree and the first alimony payment will be due one month from the date of the last spousal support payment and every month thereafter until either terminated or modified. 8. Wife withdraws her claim for counsel fees and costs. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: It is the Master's understanding that if a QDRO can be provided as a way to make the pension payments, Mr. Markley is going to prepare Grubb will be responsible for taking care title of the vehicle to his client's name. will be required to provide an account, entered in this case, from which funds will be paid for the pension payment due monthly. Mr. Nicholson, stated on the record? MR. NICHOLSON: THE MASTER: it? the QDRO; Mr. of the transfer of Mrs. Nicholson if a QDRO cannot be from Mr. Nicholson you've heard the agreement as Yes, sir. Do you have any questions about MR. NICHOLSON: No, sir. THE MASTER: It is your intention to have entered as a final resolution of all yourself and your wife? sir. this this agreement outstanding economic claims between MR. NICHOLSON: Yes, THE MASTER: And you understand that agreement is entered on the record as a substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors? 5 present MR. NICHOLSON: Yes, sir. THE MASTER: Mrs. Nicholson, you've been during the statement of the agreement on the record? MRS. NICHOLSON: Yes. THE MASTER: Do you have any questions about the agreement? MRS. NICHOLSON: No. THE MASTER: And do you understand that when you leave the hearing room today you are bound by the terms of the agreement except for correction of typographical errors? statement MRS. NICHOLSON: THE MASTER: of the agreement MRS. Yes, I do. And do you. understand the that we placed on the record? NICHOLSON: Yes, I do. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 6 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~arl~W~L. Markley AttOrney for Plaintiff William L[ Grdbb Attorney for Defendant Robert L. Nicholson ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J. NICHOLSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 985 CIVIL IN DIVORCE THE MASTER: This is the date set for a divorce proceedings. Today is Tuesday, January 27, 2004. hearing in the above captioned Present in the hearing room are Robert L. and his counsel Marlin L. Markley, and the Georgia J. Nicholson, and her counsel William L. Nicholson, Defendant, Grubb. This action was commenced by the filing of a complaint in divorce on March 1, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. With respect to the grounds for divorce, the parties have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree dated today. The affidavits and waivers will be filed with the Prothonotary by the Master's office; therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. Previously an affidavit under Section 3301(d) was filed but we have determined today to go forward under the 3301(c) section of the code. 1 On April 2, 2002, wife filed a petition raising additional economic claims of alimony, alimony pendente lite and counsel fees and expenses. The parties were married on March 15, 1996, and separated September 26, 2001. There are no children of this marriage. After negotiations this morning, the Master has been advised that th~ parties have reached an agreement with respect to the outstanding economic issues. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be the substantive agreement of the parties dealing with all economic claims. The agreement as placed on the record will not be subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement as stated on the record will resolve all economiC claims and even if the parties do not subsequently sign the agreement, they are bound by the terms of the agreement as stated on the record at this time. The signing .of the agreement by the parties will be simply an affirmation of the terms of settlement as stated. The parties are going to return later today to review the agreement for typographical errors, make any corrections as necessary, and then affix their signatures 2 affirming the terms of settlement. Upon receipt of the completed agreement by the Master, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Grubb. MR. GRUBB: 1. Regarding the equitable distribution of the marital assets, from the joint checking account, husband agrees to pay wife the sum of $8,389.00. 2. Each party has previousl.y divided an IRA, one in each name that has been divided prior to this. 3. The car that is in possesion of each will remain the property of that person. The 2002 Saturn that is currently being used by wife is titled in the name of husband. Husband has agreed to cooperate fully in transferring the title and signing any documents that may be necessary to effectuate the transfer of title from husband to wife. The other vehicle is in husband's name. Any amounts that are owed on the Saturn which will become 'the possession of the wife, shall become the responsibility of the wife. Husband is currently making the payments on the car and he will provide all payment information necessary and required for wife to make and continue making the payments. Wife will indemnify and hold husband harmless on account of any claim that is made by the lienholder on the vehicle a~ she assumes the obligation for payments thereof. 4. The parties have prior to this divided and split the household furnishings in a manner which is satisfactory to both parties. 5. The husband also agrees to pay to wife the sum of $10,000.00 in consideration for the equitable distribution issues regarding a house on Water Wheel Terrace. The payments for the house and the wife's portion of the checking account totals $18,389.00. The parties have agreed that there will be a first payment of 1/2 of the total due from husband to wife on February 15, 2004, and the second payment of an equal amount shall be payable one year later on February 15, 2005. 3 6. Husband agrees to have entered a QDRO dividing and distributing his military pension in the sum of $546.00 per month to wife. In the event that a QDRO is not allowed under the payment plan from the plan administrator, and we suspect that might be so because of the marriage being less than ten (10) years, husband will execute with his bank that the $546.00 will be taken directly out of his checking account and sent directly to Georgia Nicholson through an account. The $546.00 per month that is from Mr. Nicholson's pension is a gross amount to be paid to Georgia Nicholson and it is the intent of the parties that she is responsible for the taxes on that portion -- that $546.00. If a QDRO can be provided it should be accomplished within sixty (60) days of today's date; otherwise, the ]payments will be immediately set up for the transfer to wife's account from husband's account as they mutually ag~ee. 7. Regarding the issue of alimony, husband agrees to pay to wife alimony in the sum of $825.00 a month to be set for an indefinite period of time. Said alimony shall be terminable upon the death of either party, the remarriage of wife, or the cohabitation of wife with a person of the opposite sex. With respect to modification or termination otherwise in accordance with Section 3701(e) of the Domestic Relations Code, the alimony payments may be modified or terminate in accordance with an order of court based on a petition filed by either party claiming changed circumstances of a substantial and continuing nature. The alimony is to be paid to Mrs. Nicholson through the office of the Domestic Relations Office of Cumberland County. The spousal support order will terminate immediately upon the entry of the divorce decree and tke first alimony payment will be due one month from the date of the last spousal support payment and every month thereafter until either terminated or modified. 8. Wife withdraws her claim for counsel fees and costs. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and 4 deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: It is the Master's understanding that if a QDRO can be provided as a way to make the pension payments, Mr. Markley is going to prepare the QDRO; Mr. Grubb will be responsible for taking care of the transfer of title of the vehicle to 5is client's name. Mrs. Nicholson will be required to provide an account, if a QDRO cannot be entered in this case, from which funds from Mr. Nicholson will be paid for the pension payment due monthly. Mr. Nicholson, you've heard the agreement as stated on the record? MR. NICHOLSON: Yes, sir. THE MASTER: Do you have any questions about it? MR. NICHOLSON: No, sir. THE MASTER: It is your intention to have this agreement entered as a final resclution of all outstanding economic claims between yourself and your wife? MR. NICHOLSON: Yes, sir. THE MASTER: And you understand that this agreement is entered on the record as a substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors? 5 MR. NICHOLSON: Yes, sir. THE MASTER: Mrs. Nicholson, you've been present during the statement of the agreement on the record? MRS. NICHOLSON: Yes. THE MASTER: Do you have any questions about the agreement? MRS. NICHOLSON: No. THE MASTER: And do you understand that when you leave the hearing room today you are bound by the terms for correction of typographical of the agreement except errors? statement of the agreement that we placed on the MRS. NICHOLSON: Yes, I do. THE MASTER: And do you understand the record? MRS. NICHOLSON: Yes, I do. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~'Jr li~. Markley Attorney for Plaintiff William L. Grubb Attorney for Defendant 1-2-7 -2oo4 Robert L. Nicholson 7 ROBERT L. NICHOLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 02-985 CIVIL GEORGIA J. NICHOLSON, Defendant : IN DIVORCE PRAt~-P~. TO TRAN~qM~IT Rtt~OR]'J To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: In'etrievable breakdown under § 3301 (c) § 3301 ( d){ 1 ) o f the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail # 7000 1670 0005 2769 5351, delivered on March 5, 2002. See Attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution ofthe affidavit of consent required by § 3301 (c) of the Divorce Code: by the Plaintiff Iammry 97. 2004 by the Defendant lammry 27. 21'104 (b) Code: Date of execution of the affidavit required by § 3301(d) of the Divorce Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affdavit upon the respondent: 4. Related claims pending: Nlnna All eluime rnieotl ha,aa horn qattloA hy a~t th~ pa~i~e intn th~ ~ivnre~ 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, (b) Date Plaintiffs Waiver of Notice in § 3301(0 Divorce was filed ~ith the prothonotary: lam]ary 2R. 9.{'gld Date Defendant's Waiver of Notice in § 3301(c) Divo;ce was filed with the prothonotary: Tanlmry 2R. 9.004 Respectfiffi~ed, Marlin L. M~l~ey, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp ITfll, Pennsylvania 17011-4706 ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J. NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-985 CIVIL : IN DIVORCE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served upon the Defendant's Attomey, W'flliam H. Gmbb by first class, Certified Mail No. 7000 1670 0005 2769 5351, postage prepaid, return receipt requested, pursuant to the requirements of Pa. 1LC.P. 1930.4. ei SLa'NDER: I also wish to receive the fo~:~v- 13 Complel$ ~tems 1 and/or 2 for ttdditional services. Jrlg services (for an extra fee): Complete items 3, 4a, and 4b. [~ Print your name and address on the reverse of this form so that we can return this D~att~ct~t~?sUiorm tothe front of the mailpiece, or onthe backif sl~acedoes not 1. [] Addressee's Address permit ' 2 ' · · . . [] Restricted Dehvery El Wnle Return Receipt Requested' on the mailpiece below tbe alticle number. D lbs Return Receipt will show to whom he art cie was delrvered and the date delivered. 3. Article Addressed to: 4a. Article Number .7 Fo I q,o aao3-£7 q 3357 4b. Service Type [] Registered [] Express Mail [] insured [] Retum ReceiptforMerchandise FICOD 7. Date of Deliwgry 8. Addressee's Address (On/yif requested and fee is l~aid) 102595-99-B-0223 DoITte~tic Ret~m ReC~pl 4'Zo04 Respectfully submitted, Law Offlce~ of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 170114706 ID4t 84745 Tel. (717) 763-1800 ROBERT L. NICHOLSON, Plaintiff VS. GEORGIA J. NICHOLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-985 : : CIVIL ACTION - LAW : IN DIVORCE I accept service of the COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the Defendant, Georgia J. Nicholson. Date' W'flliam L. Grubb, Esquire (Attorney for the Defendant) iN THE COURT OF COMMON PLEAS ROBERT L. NICHOLSON, Plaintiff VERSUS GEORGIA J. NICHOLSON, Defendant OFCUMBERLANDCOUNTY STATE OF ~,~~ ~ PENNA. NO. 02-985 CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT Robert L. Nicholson , PLAINTIFF, and Georgia J. Nicholson , 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 Agreement and Stipulation dated January 27, 2004 is incorporated, without merger~ herein. BY THE C~,RT: / PROTHONOTARY ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist of CUMBERL~ND Date of Order/Notice 03/08/04 Tribunal/Case Number (See Addendum for case summary) EmployerANithholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS CODE L GAP~NISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 C) Original Order/Notice (~) Amended Order/Notice C) Terminate Order/Notice RE:NICHOLSON, ROBERT L. JR Employee/Obligor's Name (Last, First, MI) 011-38-'73'/3 Employee/Ob[igor's Social Security Number 5095100851 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 825.00 per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $' 0. DO per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 825.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 190.38 per weekly pay period. $ 380. ?? per biweekly pay period (every two weeks). $ 43.2.50 per semimonthly pay period (twice a month). $ 825. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier),O~ SgCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~ 'r' '' ~ I Date of Order: I~LJ~Rm' 0 2~' '--~/~*' ~/ BYTHE COU~,~:/Z~:...j /~~~ -~,~ ~4~ "'/~Z'~'"'~ Form EN-028 Service Type M OMBNO.:097~O~S4 Worker ID $'rATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER W~THHOLDERS [] I hecke you are requ red to provide a ~:opy of this form to your~mployee, if yogr emp oyee works in a state tha~ is Idfi~erent ~(~m the state that issued th s oraer, a copy must be proviaed to your employee even if the box s not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally~owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. __ .~_,_,~ .... ,. ,~,_~__,~ ..... ~__ ~ ........ L,-L ............ ~-' -'~ '---- ,,,~ ~,,,~,,~,y~ ~ ,,,,~*. You must corn with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholdin§ order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WlTI-IHOLDER'S ID: EMPLOYEE'S/OBLIGOR'SNAME: NIg]4OT,~3ON ~ EMPLOYEE'S CASE IDENTIFIER: $095'100g~'l DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)~; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 1 1. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: ~DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 1 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (71 i~ 240-6248 or by internet www.childsupport.state.pa, us Page 2 of 2 Form EN-028 Service Type l~ o~, No.: 0~54 Worker ID ADDENDUM Summary of Cases on Attachment DefendantfObligor: NICHOLSON, ROBERT L. JR PACSES Case Number 688103858 Plaintiff Name GEORGIA J. NICHOLSON Docket Attachment Amount 02-985 CIVIL $ 825.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB :: iii [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.0o Child(ren)'s Name(s): DOB ::: : : [] If checked, you are required to enroll the child(ten) identified above in any health insurance covera§e available through the employee's/obli§or's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance covera§e available throu§h the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB : [] if checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-02§ Service Type M OMB No.: 0970.0154 Worker ID $IATT