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HomeMy WebLinkAbout06-2703ROSE M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. JOSEPH E. SMITH, Defendant No. C)(. - 2 70 3 010 t- L? IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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. ROSE M. SMITH, Plaintiff V. JOSEPH E. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 0(. - )7U3 l.."lv c 1. [ ??-? IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Rose M. Smith, who currently resides at 333 Allen Street, Cumberland County, Carlisle, Pennsylvania, since December 2001. 2. Defendant is Joseph E. Smith, who currently resides at 333 Allen Street, Cumberland County, Carlisle, Pennsylvania, since December, 2001. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 20, 2005 in Cumberland County. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: 3 6G Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. #81924 (717) 241-6070 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 unsworn falsification to authorities. Date: Oho ?l )Aj I Rose M. mith, Plaintiff ?? o `?J ? ('?( " ? 1?-Z.? ?""?-?'. r ? n ?' m °? ? . _ v.,,- {? c: ? cv ?j ? ? ?'?? x z? ??: w c.> 0 Rose M. Smith, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Joseph E. Smith, 27 03 Defendant : NO. CIVIL TERM : IN DIVORCE PETITION TO PREVENT DISSIPATION OF MARTIAL ASSETS AND NOW comes Petitioner, Rose M. Smith, by and through her Attorney Karl E. Rominger, and in support of her Petition to Prevent Dissipation of Martial Assets, avers as follows: Plaintiff is Rose M. Smith, who currently resides at 333 Allen Street, Cumberland County, Carlisle, Pennsylvania 17013. 2. Defendant is Joseph E. Smith, who currently resides at 333 Allen Street, Cumberland County, Carlisle, Pennsylvania 17013. 3. Petitioner and Respondent are Wife and Husband, having been married on May 20, 2005. On or about May 11, 2006, Petitioner instituted the above captioned Divorce action in the Cumberland County Court of Common Pleas. The parties currently share the marital residence located at 333 Allen Street, Cumberland County, Carlisle, Pennsylvania 17013. 6. Petitioner and Respondent have acquired marital property which should be part of equitable distribution. 7. Petitioner requests that the Respondent is prohibited from removing, transferring or selling any of the marital property before equitable distribution is granted. Respondent has exclusive knowledge and control of the family finances. 9. Respondent ha indicated he is selling martial assets and property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting Petitioner's request and prohibit Respondent from removing, transferring or selling any of the marital property. Date: Respectfully submitted, ROMINGER & WHARE arl E. Rominger, Esquire Rominger & Whare 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff 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. Date; 5l v'O 46c '! I Rbse M. S ith, Plaintiff -t,,?; ? ? ?r,r,, ? _ ,.-? -.? U`-` - ?,? r ?`- t _? T? ? ? 7 ? """777 -? CC'' 1 S_ '_' ? rn L C,J ? `=i -d GJ W "< fr, j May 1 9, Z006 13Y: Rose M. Smith, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Joseph E. Smith, 27o Defendant : NO.?GCIVIL TERM IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 17 y of , 2006, upon consideration of the averments set forth in the Petition to Prevent Waste or Dissipation of Marital Assets and upon motion of Karl E. Rominger, Esquire, counsel for petitioner, a Rule is issued upon the respondent to show cause why the prayer of the petition should not be granted. Pending said hearing Respondent is enjoined from selling any and all marital property. Rule returnable the CW-O day , 2006, at I I:DDo'clock fQ m. in Courtroom # -5 of the Cumberland County Courthouse. By the Judge: 0?p h ncrVNVA"1nS,NN3d Ai, I C: I Wd L I AVW 9002 A8VIQ+IOH {Jdd 3Hi d0 ROSE M. SMITH, Plaintiff VS. JOSEPH E. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2703 CIVIL TERM Action in Divorce STIPULATION REGARDING MARITAL ASSETS WHEREAS, the parties have reached an Agreement regarding the marital assets; WHEREAS, the parties wish to have their Agreement entered as an Order of Court without a hearing; The parties agree as follows: 1. Plaintiff is Rose M. Smith, (hereinafter referred to as "Wife"), who currently resides in Carlisle, Pennsylvania, 17013. 2. Defendant is Joseph E. Smith, (hereinafter referred to as "Husband"), who currently resides at 333 Allen St., Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties were married on May 20, 2005. 4. A divorce action was filed under the above-captioned docket number on May 11, 2006. 5. Neither party will remove, transfer, sell or otherwise dissipate any of the marital assets without further written agreement of the parties or Order of Court. Neither party shall dispose of any non-marital asset without giving 15 days notice to the other party. 6. Husband shall have sole and exclusive possession of the marital home located at 333 Allen St., Carlisle, Pennsylvania, 17013. WITNESS: K,xl Rominger, Esquire 155 S. Hanover St. Carlisle, Pa. 17013 (717) 241-6070 Attorney for Wife Joe Adams, Esquire 4 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Husband Ro e M. S ith, Wife ? . - - Y?'S_ 6? Jos mith. Husband. Sb;?'6-/O (D c? C- r- C7% -n __. ; r ROSE M. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, : Action in Divorce Defendant ORDER AND NOW, this Day of 2006, it is hereby ORDERED AND DECREED as follows: 1. Neither party will remove, transfer, sell or otherwise dissipate any of the marital assets without further written agreement of the parties or Order of Court. Neither party shall dispose of any non-marital asset without giving 15 days notice to the other party. 2. Husband shall have sole and exclusive possession of the marital home located at 333 Allen St., Carlisle, Pennsylvania, 17013. cc: `Karl Rominger, Esquire .Xan?e Adams, Esquire J 0?? ?c :6 tits 9- t',,,Ji goal ddt1C';tJ L, j, d -'Hi 3o a w ROSE M. SMITH, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JOSEPH E. SMITH, Defendant/Petitioner : NO. 06 - 2703 CIVIL TERM Action in Divorce PLAINTIFF'S PETITION FOR RELIEF AND NOW COMES, Petitioner, Joseph E. Smith, by and through his Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I - EQUITABLE DISTRIBUTION OF PROPERTY 1. Plaintiff and Defendant were married on May 20, 2005 and were separated on May 11, 2006. 2. Plaintiff/Respondent filed a Complaint in Divorce under the above-captioned docket number on May 11, 2006. 3. During the course of the parties' marriage, the parties acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. 5. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Plaintiff and Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. . ? i COUNT II - ALIMONY 6. Items 1 - 5 are herein incorporated by reference. 7. Petitioner lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. 8. Petitioner is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 9. The Respondent enjoys a substantial income from which she is able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Petitioner from Respondent alimony in such sums as are reasonable and adequate to support and maintain Petitioner in the station of life to which he has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 10. Items 1 - 9 are herein incorporated by reference. 11. Petitioner requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 12. Respondent enjoys a substantial income and is well able to contribute to the support and maintenance of Petitioner during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 13. Items 1 - 12 are herein incorporated by reference. 14. Plaintiff is without sufficient funds to retain counsel to represent him in this matter. 15. Without counsel, Petitioner cannot adequately prosecute his claims against Respondent and cannot adequately litigate his rights in this matter. 16. Respondent enjoys a substantial income and is well able to bear the expense of Petitioner's attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Date: 1,-7 110( Respectfully submitted, JanAdams, Esquire I. V. No. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT/PETITIONER VERIFICATION I verify that the statements made in this PETITION 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: ?. 6& ?V { 5 t C,3 -a :. ROSE M. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA VS. JOSEPH E. SMITH, NO. 06 - 2703 CIVIL TERM Action in Divorce Defendant/Petitioner ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached petition for Alimony Pendente Lite, and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before , the day of , 2006, at o'clock in. for a Conference, after which the hearing officer may recommend that an order for Alimony Pendente Lite be ordered. You are further ordered to bring to the conference: 1. A true copy of your most recent Federal Income Tax return, including W-Ts as filed. 2. Your pay stufs for the preceding six (6) months. 3. The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) 4. Verification of child care expenses. 5. Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference, or bring the required documents, the court may issue a warrant for your arrest. FOR THE COURT, By Conference Officer 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 St. Carlisle, Pa. 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations 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 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 St. Carlisle, Pa. 17013 (717) 249-3166 ROSE M. SMITH, vs. Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, Action in Divorce Defendant/Petitioner : PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Joseph E. Smith, is a competent adult individual, who resides at 333 Allen St., Carlisle, Pa. 17013. 9210. 2. Petitioner's date of birth is January 6, 1964 and his social security number is: 183-60- 3. Respondent, Rose M. Smith, is a competent adult individual, whose address is unknown. She is represented by Karl Rominger, Esquire, 155 S. Hanover St., Carlisle, Pa. 17013. 4043. 2006. 4. Respondent's date of birth is July 10, 1960 and her social security number is: 430-15- 5. A divorce complaint was filed under the above-captioned docket number on May 11, 6. A Petition for Added Claims, which contained claims for Equitable Distribution, Alimony, and Alimony Pendente Lite, Counsel Fees, and Costs, was filed under the above- captioned docket number on October 3, 2006. WHEREFORE, Petitioner requests that the Court Order alimony. pendente lite. Respectfully submitted, Date: fo // - 6 D. No. 79465 (717) 245-8508 ATTORNEY FOR PETITIONER JOSEPH E. SMITH ne Adams, Esquire 64 South Hanover St Carlisle, Pa. 17013 VERIFICATION I verify that the statements made in this PETITION 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: zz? ep E. Smith, etitioner c -D r ?i ROSE M. SMITH, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2703 CIVIL TERM JOSEPH E. SMITH, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 618108700 ORDER OF COURT AND NOW, this 20th day of October, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on November 13, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jane Adams, Esq. Karl Rominger, Esq. Wdday., Date of Or der: October 20, 2006 nce Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Tj W G.4 ' C ROSE M. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, : Action in Divorce Defendant AGREEMENT The parties agree that Joseph E. Smith can sell the 2004 Dodge Ram. Any proceeds from such sale may be taken into consideration in the formulation of a final marriage settlement agreement. WITNESS: Karl Rominger, Esquire ,e Ros M. Smith, Wife 155 S. Hanover St. Carlisle, Pa. 17013 (717) 241-6070 Attorney for Wife 4.JAdams, Esquire Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Husband (o J eph . Smith, Husband. Fi C.1: : ?? ROSE M. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2703 CIVIL TERM JOSEPH E. SMITH, IN DIVORCE Defendant/Petitioner PACSES # 618108700 ORDER OF COURT AND NOW to wit, this 13th day of November 2006, it is hereby Ordered that the Petition for Alimony Pendente Lite in the above captioned case is dismissed without prejudice due to the Petitioner having sufficient assets to meet the needs of the pending Divorce litigation and the length of the marriage. BY THE COURT: Q 11 \ G Edgar B. Bayley, DRO: R.J. Shadday xc: Petitioner Respondent Jane Adams, Esq. Karl Rominger, Esq. Form OE-001 Service Type: M Worker: 21005 C? ;-.? ? .a cN-? _ ?a _._ .c- ? ?,"1 ?i"` ?3 ?^-- r... ...-. _ _ ?i ??+? .X? ROSE M. SMITH, Plaintiff V. JOSEPH E. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 06-2703 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Rose M. Smith Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( x ) Divorce ( x ) Distribution of Property ( ) Annulment ( ) Support ( x) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( x ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The plaintiff has appeared in the action by her attorney, Karl E. Rominger, Esquire. 3. The statutory ground(s) for divorce is irreconcilable differences. 4. (a) The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the Motion: None. Respectfully submitted, ROMINGER & ASSOCIATES Date: Ze arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff _ r ? ?? _ _._? r - --t ..,_, '? r r? C:= • ?: DUN 1112007 ROSE M. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. 06-2703 JOSEPH E. SMITH, Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this day of , 2007, J Esquire, is appointed Master with respect to the following claims: 1. Expenses and costs. 2. Alimony. 3. Divorce. 4. Distribution of property. Distribution: VXarl E. Rominger, Esquire ,.,Kne Adams, Esquire V Attorney for Defendant By the Court: Q..' J. cls .? CL tU O ° U C-j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rose M. Smith Plaintiff Vs File No. 06-2703 IN DIVORCE Joseph E. Smith Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Rose M. Mulholland, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: 7,2,09- I Signature Signa a of r[kne being resumed COMMONWEALTH OF PENNSYLVANIA) COUNTYOF CUMBERLAND) On the day of ?cP,M n C- , 2008, before me, a notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set ha ereunto set m hand and official seal. 11 COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal 'Tammie L. Peters, Notary Public cadisie Bow, curnberiand County My Commission E)Ores Sept. 9, 2011 Member, Pennsyivania Association of Notaries ? 1^?} '? __ D ? `? '"??'' 1? ? ? ? t ? r T ?S ? ? ^.?? ' ROSE M. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, : Action in Divorce Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 11, 2006. 2. 'The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date ofthe filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verity that the statements made in this affidavit are true and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ?e 7 GC? *eM. +,a WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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 tiled with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1. cc, R se mit ti E `?,Y] W} »?. . ? ? ""f ?# ?-!`? .._. ? L r ?vr:? ROSE M. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, : Action in Divorce Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this `_& day of a Cae_r , 2008, by and between, ROSE SMITH, of Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and JOSEPH E. SMITH, of Carlisle, Pennsylvania, hereinafter referred to as "Husband"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 20, 2005, in Cumberland County, Pennsylvania, and, WHEREAS, there were no children born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE as his attorney. The Wife has employed and had the benefit of having KARL ROMINGER, ESQUIRE as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit card accounts, if any. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. §3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Both parties agree that intangible personal property, including retirement benefits, shall remain the individual property of the registered or titled owner, unless otherwise provided in this agreement. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Husband shall retain his dog, Jack. Wife shall be entitled to obtain the following items: Her bedroom set, her small table with wooden turntop, her make-up table, and footed candy dish. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: The 1998 Dodge full-size truck, and 2004 Santa Fe, or any proceeds from the sale of any of the above-named vehicles, shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. REAL ESTATE. Husband holds title to a property identified as 333 Allen Street, Carlisle, Pennsylvania, which was purchased by Husband before the parties' marriage. Regarding this property, the parties agree as follows: (a) Wife hereby waives all her spousal interest, right, and/or title, if any, in and to the property and Husband shall have sole and exclusive possession of this property. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Within thirty (30) days of this agreement, Husband shall pay Wife the amount of $7,500.00 in consideration of her waiving all spousal interest in the above named property. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties hereby waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 15. TAXES. The parties intend on filing separately from 2008 forward. Transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Ja Adams, Esquire fa p E. mitusband South St. rlisle, Pa. 17013 : 12-' 17) 245-8508 Attorney for Husband P _ 3 r' IV '6k Karl Rominger, Esquire Roe M. S 4th, Wife 155 S. Hanover St. Carlisle, Pa. 17013 Date: (717) 241-6070 / Attorney for Wife ?s t. TIO t.. ? ?c ROSE M. SMITH, Plaintiff VS. JOSEPH E. SMITH, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2703 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this lK day of , 2009, the economic claims raised in the procee ings having been resolved in accordance with a marriage settlement agreement dated December 7, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY T URT, A p Edgar B. Bayley, P.J. cc: t- Karl E. Rominger Attorney for Plaintiff ? Jane Adams Attorney for Defendant eq,t /LI? ;lam(. 9? .C d - NN 6067. ROSE M. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, : Action in Divorce Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 11, 2006. 2. The marriage of 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: 9sJ l e h, D efendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE 1. I consent to 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. 1 I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: _ ? ? rn ? ? ? . ?,? t*3 -G . ??, ?? ? •., ?„ r r Q .3 ROSE M. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH E. SMITH, Defendant CIVIL ACTION LAW No. 06 - 2703 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: Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed May 11, 2006, and service was accepted on May 12, 2006, by Attorney Jane Adams, Esquire, an Acceptance of Service is attached hereto as Exhibit A. 3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff December 7, 2008; by the Defendant January 12, 2009. 4. Related claims pending: None 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on December 23, 2008; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 12, 2009. Date: January 22, 2009 Respectfully Submitted, Rominger & Associates Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff ? ? C7 ?. ?n 21 ROSE M. SMITH, vs. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2703 CIVIL TERM JOSEPH E. SMITH, Defendant Action in Divorce ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, represent Joseph E. Smith, in the above- captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on or about May 12, 2006 and I hereby affirm I was authorized to do so. Date: parlis Ad ams, Esquire South St. le, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CXIbb\A "A" d -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSE M. SMITH, Plaintiff V. JOSEPH E. SMITH, Defendant DIVORCE DECREE AND NOW, , ?Q , it is ordered and decreed that ROSE M. SMITH, Plaintiff JOSEPH E. SMITH, Defendant bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the settlement agreement signed by the parties on December 7, 42008 and filed under the above-captioned docket number shall be incorporated and not merged into this Decree. By the Court, NO. 06 - 2703 Civil Term Attest: J. Prothonotary `r t ?. T V ?