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HomeMy WebLinkAbout06-2714 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0I.c - :r/lY C/U ~t l S2-J-r1 CAROL GLASGOW, vs. THOMAS M. WILSON, CNIL ACTION - LAW IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 A VISa PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 romplmlento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Ua lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENO 0 NO PUEDE PAGAR UN ABOGADO. VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL GLASGOW, vs. NO. 01- - d. 71Lj Ct~:L{~ THOMAS M. WILSON, CIVIL ACTION - LAW IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Carol Glasgow, who has resided at 124 Yorkshire Drive. Mechanicsburg, Cumberland County, Pennsylvania 17055 for the last 11 years. 2. The Defendant is Thomas M. Wilson, who resided at 1436 Bridge Street, New Cumberland, Cumberland County, Pennsylvania for the last 2 months. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on November 13, 1990, in Ashford, Connecticut. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either ofthe parties in this or any other jurisdiction. 7. The parties have lived separate and apart since December 22, 2005. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I REQUEST FOR A NO-FAUL T DIVORCE UNDER SECTION 330Hc) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 330l(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER &330Hd) OF THE DIVORCE CODE 11. Plaintiff incorporates the prior paragraphs of this Complaint and makes them part ofthis count as though the same were set forth at length. 12. At the appropriate time, Plaintiff may submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce, pursuant to g330l(d) of the Divorce Code at the appropriate time. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) ofthe Divorce Code. 15. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order of equitable distribution of marital property pursuant to Section 3502(a) ofthe Divorce Code. COUNT IV REOUEST FOR CUSTODY UNDER SECTIONS 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 17. Plaintiff seeks primary physical custody of the following children: Name Present Address Date of Birth Daniel Wilson 124 Yorkshire Drive Mechanicsburg, P A 08/17/1991 David Wilson 124 Yorkshire Drive Mechanicsburg, P A 06/21/1993 18. The children were born of the marriage. The children are presently in the custody of mother who resides at 124 Yorkshire Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 19. For the preceding five (5) years the children have resided with the both parents at the following addresses: 124 Yorkshire Drive, Mechanicsburg, Cumberland County, PA from 1995 to present. 20. The mother of the children is currently residing at 124 Yorkshire Drive. Mechanicsburg, Cumberland County, Pennsylvania. She is married. 21. The father of the children is currently residing at 1436 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. He is married. 22. Plaintiff has not participated in any other litigation concerning the custody of the children in this or any other state. 23. The relationship of the Plaintiff to the children is that of mother. Plaintiff currently resides by herself with the minor children. 24. The relationship of the Defendant to the children is that of father. Defendant currently resides by himself. 25. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody ofthe children in this or any other Court. 26. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 27. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 28. The best interests and permanent welfare of the children will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; c. Award primary physical custody of the minor children to Plaintiff and establish a reasonable partial physical custody for Defendant; and d. Grant such further relief as the Court deem equitable and just. Respectfully submitted, CIPRIANI & WERNER, P.C. Date: May II), 2006 By:k~d~-- " A ~,,",.;;i, =,. Attorney I.D. 88331 Attorney for Plaintiff 1017 Mumma Road Lemoyne, PA 17043-1145 (717) 975-9600 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Q~!,JJ#~ Date: me / tJ ,2006 ~ '4. .tg. 7.J 9.J 7'\:t - ~ "'V ~ ~ ~ ...., ~ ~ C) Q = \) c = :,:~ V' ~::!l 0( I-Oi ::ll: - - C> ~ "'" G ~ l)- e; -< -o~ ~ () () :pC;:> ~ (; c; N ~;;t:''1 ~ ~ -,---,.,,", :r~ '!'..-n :::Jt 1;"1-0 15m a--- ?~ 9 ::c... 1<: V ~ .c:- ~ p;:: ~Q::: c L ~ ~.--Z ~ "f-...- ~ CAROL GLASGOW PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA v. 06-2714 CIVIL ACTION LAW THOMAS M. WILSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, June 16, 2006 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2:. FOR THE COURT. By: Isl Melissa P. Gree Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ fY $- ~ ~ CJo-a:-S' . ~ ~ ~ ~ ?(/-(7E'-> ~ .& 2 ~ ~ -n -;l;?-o.f"5 ...... 88 :Z Hd 08 J.VH 900Z A;"i\'lfC'I:\I,'-:ii i(\-JCl' ::!jLJI JO . \0.1 ,,- J" .;, !........v~__ ....J.lJ.,..;J 381::-1:-10-0311:1 IN THE COURT OF COMMON PLEAS OF CUMBERL.f..ND COUNTY, PENNSYLVANIA . CIVIL DIVISION CAROL GLASGOW, CASE NUMBER: 006-27141 Plaintiff ISSUE NUMBER: v. PLEADING: THOMAS M. WILSON, AFFIDAVIT OF S RVICE Defendant CODE AND CLA SIFICATION: FILED ON BEHA F OF: PLAINTIFF. COUNSEL OF CORD: PAULA. CACCI MANI, ESQUIRE Pa. ID# 88331 CIPRIANI & WE ER, P.c. 1011 Mumma Ro , Suite 201 Lemoyne, P A 170 3 (717) 975-9600 - IN THE COURT OF COMMON PLEAS OF COUNTY, P$NNSYL VANIA CIVIL DIVISION Defendant ) CASE NO: 2 06-27145 ) ) ) ) ) ) ) ) ) CAROL GLASGOW, Plaintiff v. THOMAS M. WILSON, AFFIDAVIT OF SERVICE Paul A. Cacciamani, Esquire, being duly sworn accordi g to law, deposes and says that on or about May 18, 2006, he served, via certified mail, eturn receipt requested, a true and correct copy of the Complaint under the Divorce Cod on Defendant, Thomas M. Wilson, in the above-referenced matter. Service was accepte by Thomas M. Wilson on May 20, 2006. A copy of the service letter, the original ailing receipt and the original return receipt is attached hereto as Exhibit A. C BY: PAULA. CACCIA ANI, ESQUIRE Attorney for the PL INTIFF SWORN TO AND SUBSCRIBED BEFORE ME THIS 30 DAY ]A Y, 2006. ~J.a (' j!J o/)'t Notary Public COMMONW~THOFPENNSYLV~ Natarilll Seal Pallid. E. Best. NcIaIy PubIc Lernoyne Born, ~ CcxI1ly My Commission EJq:lires Sept. 11, 2Ql8 Member. Pennsylvania Assod8lion Of Notaries EXHIBIT A .. CIPRIANI & WERN R A PROFESSIONAL CORPORATION Dennis P. Cullen Jr. Dennis J. Bonetti .. Lewis L. Wolfgang Jason K. Bums ^' Mark R. Zogby Paul A. Cacciamani ..... Stephen R. Harris ATTORNEYS AT LAW Phillldelphia Orfice: Suite III 482 Nomstown Road Blue Bell, PA 19422-2352 Telephone (61O) 567.0700 Suite 20 I 1011 Mumma Road Lemoyne, Pennsylvania 17043.1145 www.C.WLAW.com Pittsburgh Office: Suite 700 650 Washington Road Pittsburgh, PA 15228 Telephone (412) 563-2500 David H. Radcliff Of Counsel Telephone (717) 975-9600 Fax: (717) 975-3846 Hal A. Kestler Of Counsel Scranton Office: Suite2JO Oppenheim Building 409 Lackawanna Avenue Scranton, PA 18503-2059 Telephone (570) 347-0600 '" Also admitted in NJ t Also admitted in D.C. & NJ . Board Certified Civil Trial Advocate Writer's E-mail: PCacciamani0Jc-w]aw.com May 18, 2006 Via Certified Mail John M. Wilson 1436 Bridge Street New Cumberland, PA 17070 RE: Carol Glasgow v. Thomas M. Wilson Our File No.: 9404-l6115H Dear Mr. Wilson: Enclosed please find the Complaint III Divorce wit regard to the above referenced matter. Paul A. Cacciamani P AC/ekh Enclosure .. -II m c Cl I\J ..... m ..... HDuEidiiMolpG7t1oA L USE Postage $ I\J C C C Retum Receipt Fee (Endoraemont ReqOI"") C "'_ed_'" M (Endorsement Required) 00 C $2.40 $t.85 $0.00 Certified Fee ~ ~;--." OOn<,<"- ",' 08~ ' <:Ai... -~ 05(18(2006 T01OIPo&1Bge&Fees $ $5.12 -II ~ "'!ffjli:i~J:J..../ll';j%i:~.~;;;=t..... ....... Ciii.."ZiP+J.~::!Z;:';;;~-;Z4i._?;;? ...... . Complete Items 1, 2, end 3. Also complete 110m 4 ff Restricted Delivery Is deelred. . Pr1nt your name end eddrllSll on the reverse ~ eo that we can return the card to you. ~, . Altach this card to the beck of the mellplece, <:II on the front ff space permits. 1. _Ie Add_ to: Silt J4 A. trJ ~ loS e/ro- 1(/3 6 l'3r;Jp sjI'ed ;';tw Ca.p<i,r/~c? ~~ (7d70 2. .Article: Number ~'"""-Iobot I'S Form 3811. "*'-Y 2004 3. _TypO t=~1 [J o II18UI8d Moll [J 4. R-.:ted Oellvely'/ Moll m _pilar ~ .0.0. FN) 0 Yes 700b 0810 0002 ~-FlocoII>l 1021MJ5.02-M-1S<<1 CERTIFICATE OF SERVICE That counsel for the Plaintiff hereby certifies that a tru and correct copy of its AFFIDAVIT OF SERVICE has been served on all counsel ofr cord, by first class mail, postage pre-paid, according to the Pennsylvania Rules of ivil Procedure, on the 9:>0 day of ..ffiO _ ,2006. Thomas Wilson 1436 Bridge Street New Cumberland, P A 17070 Respectfully submi ed, BY: I&WE t? PAUL A. CACCI ANI, ESQUIRE Attorney for the PI intiff o C ~s )'"<2 ~ ....' (.":;-~' c.::~> c.~ -'~, ~",',,, :.....:. <>' - o "'1'\ ...... ~...."" rfl C. _C;pl; ,,,.;)~. -:, c:? ""'"T) ::~'.,: 'C) -:",")\'\\ . ".\ c...) r- ) . .... RIiCE!VED JUN 2 8 20aB rj ~ CAROL GLASGOW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2714 CIVil TERM v. THOMAS M. WilSON, CIVil ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this z., .. day of ~ ' 2006, upon consideration of the attached Custody Conciliation Summary Re ort, it is hereby ordered and directed as follows: 1. leaal Custodv. The parties, Carol Glasgow and Thomas M. Wilson, shall have shared legal custody of the minor children, David Wilson born June 21, 1993 and Daniel Wilson born August 17,1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Phvsical Custodv. Mother shall have primary physical custody subject to Father's rights of partial custody as follows: A. Summer 2006. Commencing June 16, 2006, on alternating weekends from Friday at 6:30 p.m. until Sunday at 8:45 a.m. and on alternating Sundays from 12:30 p.m. until 8:00 p.m. r - , 'v:n8 8i~~ :! !!,:11 62 f '~:!JLiZ I"~"~ r;G'," '. B. Commencing June 20, 2006, Tuesday and Thursday evenings from 6:30 p.m. until 9:30 p.m. NO. 06-2714 CIVIL TERM C. School Year Custodv. Commencing August 28, 2006, Father shall have custody on Monday evenings from 5:30 p.m. until 9:30 p.m. and Tuesday evenings from 6:30 p.m. until 9:30 p.m. The school year schedule shall replace the Summer, 2006 schedule. During the school year Father shall also have alternating weekend custodial periods consistent with the scheduled enjoyed during Summer 2006. 3. Vacation. Commencing in 2007, each parent shall be entitled to four weeks of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other notice of their planned vacation time by March 1st of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. Commencing with Summer, 2007, each parent will have custody for four (4) weeks each summer, the week being from Saturday to Saturday. For Summer, 2007, Mother will have first choice of her first custodial week if she wants to exercise a week at the parties' time share. Next, Father shall have first choice of his vacation weeks, which shall be in writing to Mother, no later than March 1, 2007. After Father has given notice of his chosen weeks for 2007, or March 1, 2007, whichever shall first occur, Mother may select her additional three weeks of custody. The parties agree that the children shall continue to attend the annual youth trip to King's Dominion and the Boy Scout camping trip at Hidden Valley. Beginning with Summer, 2008, the parent first providing written notice of their intended vacation plans shall have a choice of the vacation weeks. 4. Holidavs. A. The holiday and vacation schedule shall supercede the regular schedule. B. The parties shall share or alternate Memorial Day, Labor Day and Independence Day by their mutual agreement. C. In even numbered years Mother will have custody for Easter and Thanksgiving, and Father shall have custody for Christmas. In odd numbered years, Father shall have custody for Easter and Thanksgiving, and Mother shall have custody for Christmas. '. NO. 06-2714 CIVIL TERM 5. The parties may vary from the terms of this Order by their mutual agreement. However, in the absence of their agreement, this Order shall control. BY THE COURT: Ois!: V'l'homas M. Clark, Esquire, 130 W. Church Street, e 100, Dillsburg, PA 17019 ~ul A. Cacciamani, Esquire, 1011 Mumma Roa Lemoyne, PA 17043 /lJ J. C\ 1) lp o\9'~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2714 CIVIL TERM CIVIL ACTION - LAW CAROL GLASGOW, v. THOMAS M. WILSON, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Daniel Wilson David Wilson August 17, 1991 June21,1993 Mother Mother 2. Mother filed a Divorce Complaint on May 12, 2006. A Custody Conciliation Conference was held on June 16, 2006. Present for the conference were: the Mother, Carol Glasgow, and her counsel, Paul A. Cacciamani, Esquire; and Father, Thomas M. Wilson, and his counsel, Thomas M. Clark, Esquire. 3. attached. The parties worked diligently to reach an a Melissa Peel Greevy, Esqu re Custody Conciliator b/~/!) 0 Da I :277699 r-. '" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL GLASGOW, vs. NO. 06-2714 THOMAS M. WILSON, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the Ith day of May, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Carol Glasgow, have received a copy of the Complaint in Divorce, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the Complaint in Divorce,. I do hereby consent to the relief requested in therein and to the entry of a Decree of Divorce dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the Complaint in Divorce,. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions oflaw, notice of trial, a notice of entry of a Decree of Divorce and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of petjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. a..-f~~J CAROL GLASGOW /7./1310 ~ Date ,..... '" CERTIFICATE OF SERVICE That counsel for the Plaintiff hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF CONSENT has been served on all counsel of record, by first class mail, postage pre-pai5!r a~cordi,ng to the Pennsylvania Rules of Civil Procedure, on the I-j day of ~ ,2006. Thomas M. Clark 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: J?t~ PAUL A. CACCIAMANI, ESQUIRE Attorney for the PLAINTIFF '" c-'"';> c::::> 0.... () "'11 -l ~---""- Infd f71 ~-:-;J (-i '-r o f"" - C~ .... :? -'.. ,-~.' '2-i~~ ~3 '" :.0 -< (;) a> ... ..- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL GLASGOW, VS. NO. 06-2714 THOMAS M. WILSON, CIVIL ACTION - LAW IN DIVORCE Defendant Waiver of Notice ofIntention to Request Entry ofa Divorce Decree under ~ 3301(c) and ~ 3301(d) ofthe Divorce Code 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . 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. 12~tl IJ n I/!~ Date: ( ~~ Carol Glasgow .,- CERTIFICATE OF SERVICE That counsel for the Plaintiff hereby certifies that a true and correct copy of the foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE has been served on all counsel of record, by first class mail, postage pre-paid, according to the pennSY1v~CiVil Procedure, on the I 3 day of . ,2006. Thomas M. Clark 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, BY: ~. & WERNER, P.C. () /, C2Ck . -PAUL A. &CCIAMANI, ESQUIRE Attorney for the PLAINTIFF r--.:l => c::...") w...... o -0 --j ffi 71 .. ..--,;~,rn ~~; __;-.0 "T, ~ -1., -,,; (~5 ,~:::::; (-n ~ :,::~ ..~> "-J =< C1 r-,-. (-) - - 0.) CO ---~... ~ CAROL GLASGOW. * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * vs. * No. 06-2714 * THOMAS M. WILSON, * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~ 3301(c) and (d) of the Divorce Code was filed on May 12,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 understand that false statements made herein are subject to the penalties of 18 Pa.e.S. ~ 4904 relating to unsworn falsification to authorities. iml/;;7/~- ate -_.~ -,,~"-_._. . ""'-----..--~:=~=-2 ~!i/- ~ 1 fhomas M. Wilson Defendant -.,0 ,,--, ....... CERTIFICATE OF SERVICE That counsel for the Plaintiff hereby certifies that a true and correct copy ofthe foregoing AFFIDAVIT OF CONSENT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the /3 day of ~A. , 2006. Thomas M. Clark 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, BY: CIPRIANI & WERNER, P.c. V~p~ PAUL A. CACCIAMANI, ESQUIRE Attorney for the PLAINTIFF ...-"--' o r;: ..0 1"--) \,";;:;:1 c.:;;:t 0" o 0,,\, -;-1 _L..__ iJ1f= 1',m "'i.)G ~-;l ~) f7: C''') r (.-.) CO ,<~;~; ,.::4 '''''-" 55 -< -. CAROL GLASGOW. * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * VS. * No. 06-2714 * THOMAS M. WILSON, * CIVIL ACTION - LAW Defendant * IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. 1/ /27 lot Date ~~ Thomas M. Wilson Defendant --- .. CERTIFICATE OF SERVICE That counsel for the Plaintiff hereby certifies that a true and correct copy of the foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylv~ia Rul<;:s of Civil Procedure, on the / 3 day of ~ ,2006. Thomas M. Clark 130 West Church Street Suite 100 Dillsburg, PAl 7019 Respectfully submitted, BY:~:;ZC. PAUL A. CACCIAMANI, ESQUIRE Attorney for the PLAINTIFF -', ,-_. (") C "-.:- r--.:> = ~..:"...::::::J C'"'- CJ r,'j (') .r- (.~) OJ MARIT AL SETTLEMENT AGREEMENT This Agreement, made thisi7~ay ofNtl.)e..y~t(, 2006, by and between Carol Glasgow (hereinafter referred to as "Wife") and Thomas M. Wilson, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been lawfully joined in marriage on November 13, 1990 in Ashford, Connecticut; and WHEREAS, diverse, unhappy differences, disputes and misunderstandings have arisen between the parties, as a result of which they are living separate and apart and continue to so live separate and apart; and WHEREAS, Husband has instituted an action in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. 2006-27145; and WHEREAS, the parties have legally and beneficially acquired various items of property, all of which has come and is constituted in "marital property" within the meaning of the Divorce Code of 1980; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights attendant to this marriage, and all rights. in, to or against each other's property or estate, including property heretofore or subsequently acquired by the other party, and to settle all disputes existing between them, including but not limited to any and all claims for maintenance, support, alimony, alimony pendente lite, counsel fees, costs and expenses and all rights under the laws of equitable distribution in Pennsylvania; and WHEREAS, after much contemplation and deliberation the parties have agreed on the terms of a Property Settlement Agreement with Husband being represented by Thomas Clark, Esquire, and Wife being represented by Paul A. Cacciamani. NOW, THEREFORE, in consideration of the above recitals, and of the mutual promises contained herein, each of the parties hereto, intending to be legally bound within the meaning of the Uniform Written Obligations Act, do hereby promise, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS - This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code of 1980; all of the final documents for which shall be delivered to the Husband's Attorney upon the exchange of fully executed copies of this Agreement. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2. RELEASES - Except as provided for in the Agreement, Husband and Wife each hereby forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to corne and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever releases, remises, discharges and quitclaims the other and the estate of such other, for all time to corne, and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the other or in or to the real, personal and/or mixed property of the other and all rights of courtesy or dower, or of widow's or widower's rights and all rights, titles, interests, and claims which he or she now has or ever may have in and/or to the other's estate, whether now owned or hereafter acquired, at his or her death, and all rights, titles, interests and claims to take against the other's Will and/or under the intestate Laws, or of family exemption or similar allowance or all other rights of a surviving spouse to participate in a deceased spouse's estate whether arising under the laws of (a) Pennsylvania, or (b) any State, Commonwealth or territory of the United States, (except those laws relative to Wife's right to Social Security payments and benefits of Husband) or (c) any other country, and each and every additional right, title, interest and claim or right to any accounting he or she has or ever may have in the other or as the Husband's wife or widow or as Wife's husband or widower, including any and all claims, demands, liabilities and obligations, whether arising out of the marital relationship by reason of the ownership or joint ownership of any real or personal property, or by reason of any other matter or thing whatsoever, as well as each and every additional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators and assigns, excepting only the obligations, rights and claims imposed or enuring to the benefits of either of the parties by reason of the terms of this Agreement. 2 It is further specifically understood and agreed by and between the parties hereto that Wife accepts the provisions herein made by the Husband for Wife in lieu of and in full settlement and satisfaction of any and all of Wife's rights against Husband for any past, present and future claims of alimony/support and maintenance; that is specifically understood and agreed that the payments, transfers and other consideration herein recited so comprehend and discharge any and all claims by Wife against Husband, and are, inter alia, in full settlement and satisfaction and in lieu of Wife's past, present and future claims against Husband on account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceedings which have been or may be instituted by Wife in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by Husband in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counselor arising in any manner whatsoever. It is specifically understood and agreed by and between the parties hereto that the waivers as apply to Wife in the foregoing paragraph shall equally apply to Husband and that both parties mutually waive and relinquish any rights set forth in the above paragraph. 3. RELEASE OF TESTAMENTARY CLAIMS - Except as provided for in this agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provisions for the other as he or she may desire and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit the Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and the assigns that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. 3 4. NOTICE OF INDEPENDENT REPRESENT A TION - The provisions of this Agreement and their legal effect have been fully explained to the parties by their representative counsel. Husband has employed and had the benefit of counsel of Thomas Clark, Esquire, as his Attorney. Wife has employed and had the benefit of counsel of Paul A. Cacciamani, Esquire, as her Attorney. Each party acknowledges that each fully understands the facts and acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings, and income of the other and that each made a full and complete disclosure to the other of his and her entire assets and liabilities and further enumeration or statement thereof in this Agreement except as set froth herein, is hereby specifically waived, and the parties do not wish to make or append hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full, proper and independent representation. 5. FULL DISCLOSURE - Each party warrants and represents to the other that they have fully and fairly disclosed all assets and debts which may be subject to equitable distribution. In executing this Agreement, each party acknowledges their reliance upon the representations as set forth herein and that in executing this Agreement, they do so in express reliance upon the representation that the other party has fully and fairly disclosed all assets which are or may be subject to equitable distribution under the Divorce Code of 1980, as amended. Both parties hereto also acknowledge that they have the right to engage in formal discovery through Interrogatories, Request for Production of Documents, Depositions and the like. In executing this Agreement, the parties acknowledge that they have been advised of that right by their respective attorneys. Being so advised, the parties, in the interest of amicably and expeditiously resolving this matter, waive their right to discovery or, alternatively, accept the discovery which had been undertaken by counsel prior to this Agreement. 6. SEPARATION AND NON-MOLESTATION AGREEMENT - It shall be lawful for Husband and Wife at all times hereafter to live separately and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint or interferences, direct or indirect, by each other. Each party agrees that he or she will not molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for his or her separate 4 use and benefit the right to conduct, carryon or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. In the event that either party is required to engage the services of an attorney, whether said attorney actually appears in Court or not, in order to enforce the provisions of this paragraph, then the party against whom enforcement is sought shall be responsible for the reasonable attorney's fees incurred by the party seeking enforcement of said paragraph. 7. DEBTS - All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such action, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. 8. PROVISIONS IN THE EVENT OF BANKRUPTCY - It is expressly understood and agreed that Wife has accepted the provisions of this Agreement relating to alimony and child support for and in consideration of Husband's obligation to make the other payments required under this Agreement. In the event that Husband shall file for bankruptcy and seek to discharge the claims of creditors, then and in that event (a) Husband shall send a copy of the Petition of Bankruptcy to Wife; (b) notwithstanding any other provision of this Agreement, or of the Divorce Code of 1980, as amended, Wife shall have the right to file a Petition to Modify Alimony and to seek an increase in the alimony/support payable to Wife; and, (c) Husband shall not request the Bankruptcy Court to discharge the claims of Wife pursuant to this Agreement. Husband further agrees that if he receives a discharge in bankruptcy, he shall execute a Reaffirmation Agreement as provided for in Section 524(c) of the United States Bankruptcy Code, reaffirming his obligations to Wife and children under this Agreement. 9. SURVIV AL OF AGREEMENT - The parties hereto agree that the terms of this Agreement shall survive the entry of any Final Decree in Divorce by any Court of competent jurisdiction, and shall be specifically enforceable in accordance with its terms. 10. CONSENTS - The parties hereto agree that each of them shall execute simultaneously herewith an Affidavit of Consent under Section 3301(c) of the 1980 5 Pennsylvania Divorce Reform Code and that Husband shall thereafter be permitted to proceed to obtain a Divorce based upon the grounds of irretrievable breakdown, by mutual consent of the parties. 11. MARITAL HOME - During the marriage the parties hereto cohabitated in a dwelling located at 124 Yorkshire Drive, Mechanicsburg, P A. In consideration of the mutual promises contained herein Husband agrees to convey his entire right, title, and interest in said marital home in exchange for the sum of Fifty Thousand Dollars ($50,000.00). Husband shall execute a Quit Claim Deed evidencing a waiver of interest in the marital home. WIFE agrees to pay the Fifty Thousand Dollars ($50,000.00) within fifteen (15) days of the date of the signing of this Agreement. 12. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT - It is agreed that Wife shall indemnity and hold harmless from any and all responsibility and liability for any mortgage, debt, encumbrances, or other obligation now or hereafter existing upon the marital home. Wife shall hold Husband harmless for all taxes and insurance and costs of maintenance and upkeep of the marital home. 13. MOTOR VEHICLES - The parties hereto agree that each shall retain sole and exclusive possession of the motor vehicle in their respective possessions at the time of the execution of this Agreement. In accepting and retaining possession and ownership of the vehicles in their respective possessions, Husband and Wife agree that neither will make a claim for the said vehicle in the other's possession and shall indemnity and hold the other harmless from any and all claims or obligations to any liens or encumbrances on the said vehicle. Any assignments of title which are necessary to effectuate the intent of this paragraph shall be completed within thirty (30) days of the execution of this Agreement. In accepting and retaining possession and ownership of the foregoing vehicles, the parties agree to assume any and all loans, liens or encumbrances attendant to the vehicle in their respective possessions. The party possessing a vehicle which is in any way encumbered agrees to hold the other party harmless from any such encumbrances. 14. CUSTODY, VISITATION. AND CHILD SUPPORT - Legal and physical custody of the parties' minor children, Daniel Wilson and David Wilson shall be governed by The Honorable Kevin Ness' June 29th, 2006 Order of Court. A copy of the June 29, 2006 Order is attached hereto and referenced herein as Exhibit "A". Furthermore, Husband agrees to pay Wife for the exclusive benefit of the parties' minor children the sum of Four Hundred Dollars ($400.00) per month. Should Wife seek an Order to modify the amount of child support indicated above, a springing monthly obligation to pay alimony shall arise against Wife such that Wife shall be required to pay Husband non-deductible 6 and nontaxable alimony to him that represents $1.00 for every $1.00 of additional court ordered monthly child support in excess of $400.00. Wife's springing alimony obligation shall continue for the period of three (3) years from the date of execution of this agreement but shall terminate earlier upon the death of Husband or Wife, or change of custody. Wife shall not be prohibited to seek an Order of Court to enforce the payment of the agreed upon sum of $400.00 15. ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT - Other than the springing alimony provision listed above, in consideration of the mutual promises contained herein, Husband and Wife agree to waive and relinquish any and all claims each might have to Alimony, Alimony Pendente Lite, and Spousal Support. 16. COUNSEL FEES, COSTS AND EXPENSES - Husband and Wife agree to bear sole responsibility for their respective counsel fees, costs and expenses attendant to his retention of counsel of his choice and the prosecution of this matter. Neither party shall make any claim of the other for contribution to said fees and costs. 17. DISPOSITION OF PERSONAL PROPERTY - The parties hereto have previously agreed upon the division and disposition of personal property of the marital estate. Specifically, the parties agree that Wife shall receive the parties' time share. With regard to any other marital property, Husband shall retain sole and exclusive ownership and possession of those items in his possession as of the signing of this Agreement. Wife shall retain sole and exclusive ownership and possession of those items in her possession as of the signing of this Agreement. 18. AFTER-ACQUIRED PERSONAL PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were never married. 19. BANK ACCOUNTS AND OTHER LIQUID ASSETS - Husband and Wife agree that they have equitably divided all bank accounts, money markets, and other liquid assets to which they may have a claim of entitlement. Upon execution of this Agreement neither party will make a claim against the other for any monies or accounts in the possession and control of the other. 20. PENSION AND EMPLOYMENT BENEFITS - In consideration of the mutual promises contained herein, Husband and Wife waive and relinquish any and all rights they may have in any pension plan, savings and investment plan, retirement program, and stock or stock 7 option plan, health insurance benefits or other employment benefit program the other may have at the execution of this Agreement. 21. INDEPENDENT SEPARATE COVENANTS - It is specifically understood and agreed by and between the parties hereto, each paragraph hereof shall be deemed to be a separate and independent covenant and agreement; and a breach by Wife or Husband of any provision of this Agreement shall not justify or excuse a breach or default by Husband or Wife of any other provisions of this Agreement, and each shall nevertheless continue to be obligated for all payments, duties and obligations hereunder; provided, however, that after thirty (30) days written notice of default, by Husband to Wife, or his/her failure to remedy the default within that period, Husband or Wife may exercise the right of set-off against any obligation due by him or her to the other. 22. CONFIRMA TORY DOCUMENT - Husband and Wife 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. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other. 23. ENTIRE AGREEMENT, MERGER AND INTEGRATION - Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove. 24. ENFORCEMENT OF AGREEMENT - In the event that either party is required to enforce any aspect of this Agreement, either through the Courts or through the services of an Attorney, the party found to be in breach of this Agreement, or the party required to bring himself or herself into compliance of said Agreement, shall bear the sole responsibility for Attorney's fees and costs incurred by the party seeking enforcement. 25. INCORPORATION IN JUDGMENT FOR DIVORCE - This Agreement and all of its provisions shall be incorporated into any final Decree of Divorce by reference for enforcement purposes and it shall not be merged into said Decree. The Court on entry of the Decree of Divorce shall retain the right to enforce the provisions and the terms of this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court in Equity by their Agreement, but they agree as provided herein for the 8 forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over Agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband or Wife may also proceed with an action at law for redress of any of his or her rights under the terms of this Agreement. In the event that, for any reason whatsoever, either party is obliged to proceed at law for redress of his or her rights under the terms of this Agreement, then it is specifically understood and agreed that in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. 26. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE - This Agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party, or full performance under the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree. 27. AGREEMENT BINDING ON HEIRS - The terms, provisions and conditions of this Agreement shall be binding upon the heirs, executors, Administrators, successors or assigns of either of the respective parties hereto. 28. APPLICABLE LAW - This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. PRIOR AGREEMENTS - It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to date and time of this Agreement are null and void and of no effect. 30. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 '. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate and each party hereto acknowledges receipt of a duly executed copy herewith. WITNESS: C\ ~ ~ ~-- /THOMAS M. WILSON (SEAL) -. a~~ CAROL GLASGO (SEAL) 10 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On the J 1-ti- day of lli.emtJJ: ' 2006, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, personally appeared the above-named Wife, who acknowledged the within Agreement to be his act and deed, and desired the same might be recorded as such. ~ Notary Public Notarial Seal Veronica L Nagle, Notary Public lemoyne Boro, Cumberland County My Commission Expires Mar. 17,2007 Member. Pennsylvania Association Of NotarlN 11 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this, the 13th day of November, 2006, before me, a notary public, personally appeared THOMAS M. WILSON, known to me or satisfactorily proven to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. ~d:h ~''0hidb TARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public DiIIsburg Bora, York County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries C) r--...) (-:;:;"1 o -n -l -, i::ll :JJ f-n C1 r. "1 C--) ~ . 1 "./ 0\ '.' -~,.,. N C- -.l ~~~ ~:: _.U -< ~, ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL GLASGOW, vs. NO. 06-2714 THOMAS M. WILSON, CIVIL ACTION - LAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served with the Complaint on May 18, 2006 by certified mail, restricted delivery, return receipt requested and an Affidavit of Service was filed with this Honorable Court on May 20, 2006. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: December 13,2006_; By Defendant:_November 27,2006. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date offiJing and service ofthe Plaintiff=s Affidavit upon the Respondent: N/ A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated November 17, 2006. "'-" ....... 5. Complete either (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 Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 14, 2006; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 14, 2006 Date: n f2ak . By: ----- ani, Esquire Attorney J.D. 331 Attorney for Plaintiff 1011 Mumma Road Lemoyne, P A 17043-1145 (717) 975-9600 ,; CERTIFICATE OF SERVICE That counsel for the Plaintiff hereby certifies that a true and correct copy of the foregoing PRAECIPE TO TRANSMIT RECORD has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the /70 day of ~~~ ,2006. Thomas M. Clark 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ~~ac:--- PAUL A. CACCIAMANI, ESQUIRE Attorney for the PLAINTIFF :--) C::'::> D r..:~:J C}'"'\. -\1 CJ :--':! 1-' i C-j r'",' 0-' -'.:"~ .. r..) ~ ~~j -.J -< ..... ftl :Ii :Ii '" "',., '" '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Carol Glasgow No. 06 2714 VERSUS Thomas Wilson DECREE IN DIVORCE AND NOW, 1~., Z-7::t , 'Z.#61 ,IT IS ORDERED AN D Carol Glasgow , PLAI NTI FF, DECREED THAT Thomas Wilson , DEFENDANT, AND 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; ~h& property settlement agreement of the p~rtip~ i~ in~nrpnr~ted but not merged into this Decree. PROTHONOTARY '" "'''' ff.:F. :F.'" ff. [f.[f. [f. "'''' if. J. ~pp. ~rj/., (O-(C'-! ~tl jv~ ~~.;m? i_rJ,[t"-/ It. . . '. . , .J.