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Home My WebLink About06-2766 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MELISSA LAUGHLIN, Plaintiff * NO. 0(", -;)"1&.6 C,'u~L~~ * * v. * * * CIVIL ACTION - LAW IN DIVORCE HARRY B. LAUGHLIN II, 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 W ARNED THAT IF YOU FAIL TO DO SO. THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAYBE 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 IMPORT ANT 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 A V AILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER=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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7]7)249-3166 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff NO. Of.- - :J."If.."b, Cl-u~Ct~ v. * * * * * CIVIL ACTION - LAW IN DIVORCE HARRY B. LAUGHLIN II, Defendant * * * COMPLAINT COUNT I - DIVORCE UNDER &3301(c) or 6330Hd) OF THE DIVORCE CODE 1. The Plaintiff is Melissa Laughlin, who currently resides at 210 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is Harry B. Laughlin II, who currently resides at 210 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 7, 2002 to Cumberland County, Pennsylvania. 5. The parties have no minor children together. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Anned Forces on active duty. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) ~3301(c). The marriage ofthe parties is irretrievably broken; and (8) ~3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT II - CLAIM FOR EOUITABLE DIVISION OF MARITAL PROPERTY UNDER !i3502(1l) OF THE DIVORCE CODE 11. Paragraphs one (1) through eleven (10) are incorporated herein by reference as if set forth in full. 12. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests this Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to ~3502(a) of the Divorce Code. Respectfully submitted, Dated: 0,,10(, ( WILEY, LENOX, COLGAN & MARZZACCO, P.C. Q/r--- Tl!()mas M. Clark, Esquire 130 West Church Street Dillsburg, PA 170]9 (7] 7) 432-9666 J.D. # 85211 VERIFICATION I, Melissa Laughlin, verify that the statements made in this Complaint are true and correct to the best of my knowledge, infonnation, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. '4904, relating to unsworn falsification to authorities. Date: 5-10- ()0 ?l1!::~:Ja~0v Plaintiff ~~ - ~ ~ ~ ~ 0 '\:> ~ -{,q.. ~~~ ~ () \) vz () V1 () () () I \ a c ;;~~ -Jl'~_; 0]11 ' .f.__ cr. -<. ~_.. !::.f ,,~~ i.;~ ,.,- c~ ~...?J ::.? , ~- fn (~ '--'-. - r ~ ,.., 0 ! ~:n G > n'r- :::.B? :n en 8c.> ~r::=R -0 '.:)0 ::J: [5m .r:- _I <::) ~ \D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff * NO. 06-2766 Civil Term * * v. * CIVIL ACTION - LAW IN DIVORCE * * HARRY B. LAUGHLIN II, Defendant * * RETURN OF SERVICE On the 1ft!:.. day of May, 2006, I, David Rudy, Process Server, served HARRY B. LAUGHLIN, II, with the Divorce Complaint filed on May 15,2006 by JliJAJi'l'A)(_ -'J"7) #A~V 8 II4UAJ(U-.J r- (manner of service) at ,2/0 A,IOAI "'(<lIfo, &RL'''' c ~ I"()l~ , at 9: 00 fm. (time of service). I verifY that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: !:>--N- 01.0 7lJ~.. DAVIDRU o -o~, mi' :::.. ',' -'7" S~; r-,' = = <f' ::TI: -'"',-"" :.:.,; N <..r. ::' -' C) " ~-n r>1;.... --nee ~;~~\ ~~~)- ,~?~ ~O ,.<:. r:? r COO) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MELISSA LAUGHLIN, Plaintiff * NO. 06-2766 Civil Term * v. * * * CIVIL ACTION - LAW IN DIVORCE * HARRY B. LAUGHLIN II, Defendant * * PETITION FOR SPECIAL RELIEF TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW, this _ day of May, 2006, comes the Plaintiff, Melissa Laughlin, by and through her attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Special Relief, respectfully averring as follows: 1. Petitioner, Melissa Laughlin, is the Plaintiff in the above-captioned divorce action. Petitioner currently resides at 210 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent, Harry B. Laughlin II, is the Defendant in the above-captioned divorce action. Respondent currently resides at 21 0 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about May 15, 2006, Petitioner filed a Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code of 1980. This complaint included a request for Equitable Distribution. 4. Petitioner believes that Respondent may sell, transfer, dissipate, damage, destroy, alienate or encumber marital property of the parties. 5. Specifically, Petitioner and Respondent hold a joint checking account through Commerce Banle 6. On or about May 4, 2006, Petitioner and Respondent had a conversation in which Petitioner indicated her intent to file for a divorce. 7. Following this conversation Petitioner and Respondent agreed to keep the joint checking account open to pay their regular household bills with the monies from this account. 8. On May 6, 2006, Respondent withdrew $45,000.00 from the joint checking account. See Attached Exhibit "A ", a copy of a Commerce Bank check (No. 9401), incorporated herein as if fully set forth. 9. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party..." 10. Section 3505(a) of the Code provides: "Where it appears to the Court that a party is about to remove himself or herself or his or her property from the jurisdiction of the Court or is about to dispose of, alienate, or encumber property in order to defeat alimony pendente lite, alimony, child and spousal support, or similar award, an injunction may issue to prevent such removal or disposition and such property may be attached as provided by the Rules of Civil Procedure." 11. At any time after the filing of the complaint, on a petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a),(c),(d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. WHEREFORE, Petitioner Wife, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and mutually enjoin and restrain Husband and Wife from selling, transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital or premarital assets of the parties particularly the monies from the parties Commerce Bank checking account pending further Order in this matter. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.c. Dated: ir)o6 0<-~ Thomas M. Clark, Esquire 130 West Church Street Dillsburg, P A 17019 (717) 432-9666 LD. # 85211 EXHIBIT A . . Page 1 of 1 9401 HARRY B. LAUGHLIN, II 07195 MELISSA J. LAUGHLIN fJ.4~ (, ., e1i)(E &4>-1841313 C~~d?~Np DR:"E13 //J _ DATE",' lJ8 ::- t-h:.. /lr . ~ :iT . I $ L? 5, tJcJ a · c::.:.) ~ h. t./ e. '-i1'''..L- s. ~.".".,d ;<' ~.? DOLLARS til ==:: Cotntnerc'e 0113.18 05/u8/u6 DOlO / De20027i5~ --. .BankArnericA.. Most ConJb'~'i.~5tl,E'[I Ct".EC~J;' . $45~. nnr,. 00 ~.- '.8BB.YE:UXXU '3:J::' - ~~ rr1"t-1- -;T"" - . 'J . . .. \,; u J~ .. ..-If;;- MfMO ___ _ - . _.ta __ ____ 1:0:1 1.;0 1.8 l. 1;1: DB 200 2?? 511- ~ l.0 It D:J-"'~_ ~ST:-ICIC'CIIII -0} >03 j .20 j 360< ~ . COHHE:h.'CE BANK NA -.'~ CHERRY HJLL.NJ "J . ~~ -0 . -#~ b ~ tN f~ 0J~~ HTL 0409307400 h'039. B2 PO - - . -- 05/06/2006 Account:82002775 Check#:9401 Amount:$45,OOO.OO Date Presented:05-08-2006 http://afswebsrv4.yesbank.comlscripts/afs/afsweb/ Afs W eb.dll ?Process? _ application=e Vision& 5/9/2006 VERIFICATION I, Melissa Laughlin, verify that the statements made in this Petition to Prevent Dissipation of Marital Assets are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5/2510 (p ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MELISSA LAUGHLIN, Plaintiff * NO. 06-2766 Civil Term * * v. * * * CIVIL ACTION - LAW IN DIVORCE HARRY B. LAUGHLIN II, Defendant * * CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Harry B. Laughlin II 210 Avon Drive Carlisle, P A, 17013 Dare: S)~ QL~ Thomas M. Clark, Esquire By: o c r--..) = c..:::) c~ o -n I! nl :!1 C c;: ".,,'. ..t:.,-. , N cJ o -.J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA $) JUN 0 5 200Y ~ MELISSA LAUGHLIN, Plaintiff v. * * * * * * * CIVIL ACTION - LAW IN DIVORCE NO. 06-2766 Civil Term HARRY B. LAUGHLIN II, Defendant * RULE TO SHOW CAUSE AND NOW, this i~ day of r , 2006, a rule is hereby issued upon the Defendant, Harry B. Laughlin II, to show cause, if any, why Plaintiffs Petition for Special Relief should not be granted. Rule returnable ~ days from service thereof. ,J. DISTRIBUTION: .;rhomas M. Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 ;/farry B. Laughlin 11,210 Avon Drive, Carlisle, PA, 17013. { . 6\P X)% O\P ..n'::;r;n8 OZ :C Ud 9- imr 900Z AbVlCI;",lU,A:{kjd 3\-11 :i0 3~',:.'JO-Q::nl:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MELISSA LAUGHLIN, Plaintiff CIVIL ACTION - LA W vs. CASE NO. 06-2766 Civil Term HARRY B. LAUGHLIN, Defendant IN DIVORCE NOTICE TO PLEAD IMPORTANT NOTICE If you wish to defend against the claims set forth in the following pages, you must take action within twenty days (20) days after service of this Response to Petition for Special Relief setting forth a New Matter and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 S. Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 '. '" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MELISSA LAUGHLIN, Plaintiff CIVIL ACTION - LAW vs. CASE NO. 06-2766 Civil Term HARRYB. LAUGHLIN, Defendant IN DIVORCE RESPONSE TO PETITION FOR SPECIAL RELIEF AND NOW this 19th day of June, 2006 comes Defendant, by and through his attorney Joseph D. Buckley, Esquire and responds to Plaintiffs Petition for Special Relief as follows: 1. Admitted. 2. Denied. Defendant is currently residing at 4 Creekside Lane, Camp Hill, P A 17011. 3. Admitted. 4. Defendant is unable to ascertain the truth or falsity of this averment and demands specific proof thereof. 5. Admitted. 6. It is admitted that Plaintiff informed Defendant that she was divorcing him, but by means of clarification, in December 2003, Defendant was injured in a motor vehicle accident and as a consequence of the accident he has suffered , ~ . . . j\1"Iril or . \ 2006 and again \n '1' . ~~ hled. 'that \n ear ~ d \s now u.\sa l' . urY btain datl'"-ge an 1 d bis 1""""na \1\) .' attorne:':f sett e d l? \l"'sonal1nJuI)' . 1<\aY ').006, pefet' an s . d in \he acCident and ",,\h . of \he o\her ~ebicle \1\~ol~e claiJ11 wi\h \he <ln~er f Y 'j'bai duting \he \last artietS' underinSut<'d 1'" 1C . , ..~ \nSutl\1\ce c .\. n1'\d Defendant s o~~~ d "0 his disab\ \t'j (;lV \-\ t: work ue \; t haS been unau1e 0 se~eraI yeaxs pefendan bet ').003. M a tesult of ~~ \'\~ since Decet1\ d ly S1"'t3"1"",, , · Plainuff baS ",otlce on .' ht hel\l fio\1\ pefendant s & ~n1'\t and "Pla\ntiff soug f. 111e pe,en--' · t' \heit loSS 0 1nCO ' . a "ted \0 pefenuan s Plaintiff and pefendant axe'" e . faxnily 111e111\)ets. 130\h . leaal fees ",bich . urred certain e D fendant has also \nC f,~il~ 111e111bers and e .. resolution of the ~_, . H e~ ne11u1ng , t1\1"Iensat\on al.\;orD' 'J l' . d b~ his workers CO '1' were wa\'le 'J 1"'tSOnal injuI)' 111atter. . d h t Plainuff desited to use . Uenied bi\latl. It is a<\1l1,tte t a p.d\l1itteU \1\ \latl and . a_ent of debts to 1. . debts including tC\l ., t to \,>a:':f certain the said joint aeeouI1 b used fot household . led \hat \he \'Ul1Us ",ere onlY to e fa1l1ilY 111e111\)erS' It 15 den . . s1""'dlng \'Ul1ds on f d nt belie~es \hat Pla1l1uff bej!}1ll debts. further, De en a \lerSOnal ite111s. to te\lay \he debts \0 bi' . bd: ~ futlds necesSar)' p.d111itteU. pefendant ""t '" f dant sJnCC pefendan S. . d d 1110neYs to Plaintiff and pe en fatnil:':f who had \,>ro'l\ e accident. ouSC is te<\uited. t of laW to which nO reS\,> . nt is a statet1\en 9. 'f\'115 a~et1l1e . nonse is tequited. t of laW to whiCh nO reSr t is a statet1\en to. 'fbis a~et1l1en onSe is tequited. t of laW to which nO reS\,> 'fbis a~et1l1ent is a state1l1C1l \\. i..~ .... NEW MATTER - AFFIRMATIVE DEFENSES 12. Plaintiff has abandoned her husband in his time of need. 13. Plaintiff waited until Defendant received payments for a personal injury settlement and then sought a divorce knowing that he is disabled. 14. These payments Defendant received from his personal injury settlement were placed in the parties' checking account. 15. Defendant segregated funds to insure that those who had been gracions and giving in his time of need would be reimbursed for the funds they had given him and Plaintiff or funds to which they were entitled bnt postponed collection of the same pending a resolution of Defendant's personal injury claim. 16. Defendant believes that Plaintiff has either expended funds from the account for personal use and/or intended to remove funds and not pay the couple's creditors. 17. Plaintiff is not entitled to any portion of the insurance proceeds Defendant removed to pay debts incurred or waived and not forgiven since his disabling accident, nor would the amounts segregated be a martial asset until netted against the debts incurred. 18. Plaintiff has unclean hands. 19. Plaintiff has not set forth sufficient facts to merit the relief sought. 20. plaintiff's request is premature and should at the proper time be brought before the Divorce Master. -- - ~ WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's request for special relief or in the alternative hold a hearing on this matter. / ey, Es 1 e Attorney f4 efendant Supreme Court I.D. # 38444 1237 Holly Pike Carlisle, PA 17013-4435 JoeBLaw@aol.com (717) 249-2448 vs. CIVIL ACTION - LA W , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MELISSA LAUGHLIN, Plaintiff HARRy B. LAUGHLIN, Defendant CASE NO. 06-2766 Civil Term IN DIVORCE CERTIFICATE OF SERVICE I hereby certi/)' that a true and COrrect copy of the foregoing ResPOnse to Petition for Special Relief was duly served via United Slates First Class Mail, poslage prepaid upon the following person: Thomas M. Clark, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. 130 West Church Street Dillsburg, P A 17019 h ~/9--oh DATE ',", 'C ,.,' ' " ' '''-' r~ c~} r:":-) -Yj C:,f,,\ c_ -; C" '-D l:'~l "'.'~ 'I C.:) ~j:J C" -< - . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff * NO. 06-2766 Civil Term * * v. CIVIL ACTION - LAW IN DIVORCE * * * HARRY B. LAUGHLIN II, Defendant * * PLAINTIFF'S ANSWER TO NEW MATTER - AFFIRMATIVE DEFENSES AND NOW, this ~ay of June, 2006, comes the Plaintiff, Melissa Laughlin, by and through her attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Answer to New Matter - Affirmative Defenses, respectfully averring as follows: 12. Denied. It is specifically denied that Petitioner abandoned Respondent. Since the time of Respondent's injury, Petitioner has been caring for Respondent. At Respondent's request, Petitioner left her full-time job to care for Respondent. Since the time of his injury the Respondent's health has been gradually improving. Petitioner and Respondent are going through the divorce because of the Respondent's emotional and mental abuse of Petitioner. Respondent's behavior has been like this prior to his accident. 13. Denied. It is specifically denied that Petitioner waited until Respondent received payments for a personal injury settlement and then sought a divorce knowing he is disabled. Since the time of Respondent's injury, Petitioner has been caring for Respondent. At Respondent's request, Petitioner left her full-time job to care for Respondent. Since the time of his injury the Respondent's health has been gradually improving. Petitioner and Respondent are going through the divorce because of the Respondent's emotional and mental abuse of Petitioner. Respondent's behavior has been like this prior to his accident. 14. Denied. Petitioner and Respondent filed two separate claims. One claim was against the driver of the second vehicle's insurance company. The other claim was against the parties' insurance company. As a result of the two claims the parties received two checks. The first check was placed in an escrow account since there was an active lien on this money. The second check, which was made out to both parties, was received in March of 2005. The proceeds from the second check were deposited into the parties' joint checking account. 15. Denied. Respondent withdrew $45,000.00 from the parties' joint checking account. To date, it is believed that Respondent has purchased three airline tickets, two new cell phones, numerous articles of clothing and jewelry. There is no evidence that this money has been set aside or placed in an escrow account. It is believed that husband would spend a great deal of this money prior to appearing before the Divorce Master. 16. Denied. It is specifically denied that the Petitioner expended funds from the account for personal use and that Respondent intended to remove funds and not pay the couples creditors. The joint checking account contained joint funds and was used by both parties. There is no dispute that monies which were in the account are marital property, and therefore, should be protected prior to distribution by a Divorce Master. 17. Denied. It is specifically denied that the $45,000 in the parties' joint bank account is not marital property and that the Petitioner is not entitled to any portion of this money. Marital property is generally defined as all property acquired by either party during the marriage, whether real or personal, regardless of the manner in which the title is held. Clearly the money in a joint checking account would be considered marital property. How this money is to be distributed would be left to the determination of the Divorce Master. However, this court has broad powers in assuring that the money that Husband withdrew is not spent lavishly prior to the time of distribution. 18. Denied. It is specifically denied that Petitioner has unclean hands. Moreover, the determination of the equitable division, distribution, or assignment of marital property must be made without regard to marital misconduct. 19. Denied. It is specifically denied that Petitioner has not set forth sufficient facts to merit the relief sought. On May 6, 2006, Respondent withdrew $45,000 from the joint checking account. The $45,000 that was withdrawn represents the majority of the cash that the parties had on hand to pay various creditors. It is believed that this money has since been spent on airline tickets, cell phones, clothes, and jewelry. Petitioner is asking for relief to assure that this money is not spent lavishly prior to this matter proceeding before the Divorce Master. This court has broad powers to issue injunctions or other orders which are necessary to protect the interest of the parties, or if the Court believes that a party is about to dispose of, alienate, or encumber property they may issue an award or an injunction to prevent such removal or disposition. In his Answer, Respondent's attorney did not give any assurances that this money was being placed in an escrow account; therefore, Petitioner believes that it is necessary for the court to prevent the dissipation of marital assets. 20. Denied. It is specifically denied that Petitioner's request is premature. While Petitioner is preparing to appoint the Divorce Master, this process will take some time as discovery is not complete. In the meantime Respondent must not be allowed to dispose of marital property, specifically the $45,000 which he withdrew from the parties' joint bank account. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. BY:c; ~ ~ Thomas M. Clark ID #85211 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff * NO. 06-2766 Civil Term * * v. * CIVIL ACTION - LAW IN DIVORCE * HARRY B. LAUGHLIN II, Defendant * * * CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Joseph Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Date:#' By: 0~~ Thomas M. Clark, Esquire VERIFICATION I, Melissa Laughlin, verify that the statements made in this Plaintiff's Answer to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: {r:-JfJl-6u '-~'^~--'~ --. ! ' ;' 1 ( 1.M elissa Laughlin, PI ~~,' .--..." '-'-r; .;,:;-, , --f ~ ,) l..i;J -, ( ("i ,) . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff * * NO. 06-2766 Civil Term * v. * CIVIL ACTION - LAW IN DIVORCE * * HARRY B. LAUGHLIN II, Defendant * * ORDER OF COURT '" -. 0- AND NOW, this). 1 day of ..J ~ , 2006, after review.ef Plaintiffs Y"..... ~". 't'.1"-~.,".....t.".r- '.f:i Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED THAT Plaintiff, Melissa Laughlin, and Defendant, Harry B. Laughlin II, are hereby mutually enjoined and restrained from transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital and premarital assets under the control of either, without mutual written agreement or a further O~er of this Court. . ~ ~ ~~-':::... ~:~~; ~ .~~~. .OR, IN Till;' .U TIi:R.'lU. ~, ",llIg :1 11 s on snall De nelO on . at .()~I Cumh,du..ll.d CUUlll)' Cuudlluu~c:. 4 ;.." {"'lnn...t........glll (;f sf ~ J. DISTRIBUTION: ..;(homas M. Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 v'farry B. Laughlin II, 210 Avon Drive, Carlisle,.P 7013. ~ /,JJ\(('. n -w'v, '.IIJ ("I '7 1'.1 (? ,--_ , . -J j', -~ ",-,~ Iti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff v. * * * * * * * * CIVIL ACTION - LAW IN DIVORCE NO. 06-2766 Civil Term HARRY B. LAUGHLIN II, Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under '3301(c) of the Divorce Code was filed on May 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. C.S. '4904 relating to unsworn falsification to authorities. II 1 22_/D6 Date ~ . '> l~ elissaLaughJ~ Plaintiff r-' c::::;;> (~j~ -- ..~ c~ .......-.- C) -\'1 f'o..) -c -,..',~ ~;.. o --J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, * Plaintiff * * v. * * * HARRY B. LAUGHLIN II, * Defendant * NO. 06-2766 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE .pIVORCE 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. \\ \ 2..21 Db Date Melissa Laughlin Plaintiff t-..) (j ~ ;;;\'\ ~ ~ -0 -~t.' - J~ .' ~ <:::) -l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff * NO. 06-2766 Civil Term * v. * * * * * * CIVIL ACTION - LAW IN DIVORCE HARRY B. LAUGHLIN II, Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under g3301(c) of the Divorce Code was filed on May 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe 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. C.S. 94904 relating to unsworn falsification to authorities. IJ J I /P 17<>0" Date { 1"." -~ o , -..... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. * * * * * * CIVIL ACTION - LAW IN DIVORCE MELISSA LAUGHLIN, Plaintiff NO. 06-2766 Civil Term HARRY B. LAUGHLIN II, Defendant * * WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . 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. ~904 relating to unsworn falsification to authorities. II )!t,('rP<.J)? Date A~~~ HARRY B. f\UGHLIN II Defendant :~ ::::! r......) -,': c " t (::1.-- :<7t. t.. den'L MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this I (P~ay of ~6, by and between MELISSA LAUGHLIN, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and HARRY B. LAUGHLIN II, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"): WITNESSETH: WHEREAS, the parties were married. on September 7, 2002 in Cumberland County, Pennsylvania; WHEREAS, there were no children born of this marriage. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and I contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any 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. The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and they have lived separately and apart for more than two years, 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) or 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of 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 such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 3. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: This agreement has been prepared by Thomas M. Clark, Esquire, counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Thomas M. Clark, Esquire has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. . 9. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 10. PROCEEDS FROM THE SALE OF REAL PROPERTY: The parties jointly owned real estate situate at 21 0 Avon Drive, Carlisle, Cumberland County, Pennsylvania 17013. The property was sold on August 4, 2006. The net proceeds from the sale of the real estate were $15,386.09, which are presently held in escrow by WIFE's counsel, and shall be divided equally between the parties. 11. BANK ACCOUNTS: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, bank accounts that have heretofore been used by them in common, and neither party will make any claim to any bank account under the control of the other. 12. CASH PAYMENT: In consideration of the various covenants and promises contained herein, it is agreed that HUSBAND shall pay to WIFE the amount of$15,000.00. It is agreed that HUSBAND has previously paid to WIFE the amount of $3,500.00, that shall be credited toward the cash payment provided in this Paragraph. HUSBAND shall thereafter pay the following: a) $1,500.00 within sixty (60) days following execution of the Agreement; b) $5,000.00 within ninety (90) days following execution of this Agreement; and c) $5,000.00 within one hundred twenty days (120) following execution of this Agreement. If HUSBAND fails to submit payments to WIFE as agreed, WIFE may elect to proceed as indicated in Paragraph No. 24 of this Agreement and the breaching party shall be responsible for the then-present interest rate on any remaining portion not paid as well as any attorney fees incurred in enforcing this Agreement. 13. MARITAL DEBT: It is agreed that the parties have accumulated debt during the marriage and that said debt shall be divided in the following manner: a) Chase MC (Credit Card) - WIFE shall maintain responsibility for payment of this credit card with an approximate balance of $4,238.54; b) Lowes (Credit Card) - WIFE shall maintain responsibility for payment of this credit card with an approximate balance of $309.39; c) Capital One Visa (Credit Card) - WIFE shall maintain responsibility for payment of this credit card with an approximate balance of$199.35; and d) Bank of America (Credit Card) - HUSBAND shall maintain responsibility for payment of this credit card with an approximate balance of$481.76. HUSBAND shall submit to WIFE the monies for this credit card within thirty (30) days after the signing of the Marital Settlement Agreement. If HUSBAND fails to submit payment in full to WIFE within thirty (30) days, WIFE may elect to proceed as indicated in Paragraph No. 24 of this Agreement and HUSBAND shall be responsible for the then-present interest rate on any remaining portion not paid Each party agrees to indemnify and hold harmless the other for any failure to make proper payments upon any debt for which he or she is assuming responsibility under this Agreement. 14. DEBT OWED TO FAMILY MEMBERS: The parties borrowed monies from various family members. It is agreed that HUSBAND shall assume and be solely responsible for any and all obligations owed to his father and his brother, Joseph Laughlin. Specifically, on or about, July 8, 2003, Joseph Laughlin gave the parties $20,000.00. HUSBAND shall be responsible for and shall fully assume the balances on all debts owed to his family members and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. 15. INTERNAL REVENUE SERVICE DEBT: The parties accumulated debt owed to the Internal Revenue Service (IRS), determined to be approximately $60,185.43 as of April 2006. HUSBAND and WIFE agree to share equally the responsibility for satisfying the IRS debt. If HUSBAND or WIFE fails to submit payments to the IRS, the non-breaching party may elect to proceed as indicated in Paragraph No. 24 of this Agreement and the breaching party shall be responsible for the then-present interest rate on any remaining portion not paid. 16. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by the other party. 17. MOTOR VEHICLES: Each party agrees to retain any vehicles in their current possession and each party waives all right, title and interest in any vehicle in possession by the other. Each party shall indemnify hold harmless against any liability resulting from these vehicles and agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within ten (10) days of any request by the other party. 18. CATERING BUSINESS: WIFE owns a catering business named The Uncommon Caterer. HUSBAND is a director and shareholder of said business. HUSBAND waives all right, title and interest in said business and agrees to execute any and all documents to effectuate the transfer of any interest he holds in said business as director and shareholder. 19. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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 unmarried. 20. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. INCOME TAX: The parties will file joint Federal and State tax returns for the 2006 Tax Year. Both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Following the 2006 Tax Year, HUSBAND and WIFE shall file separate tax returns. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, 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. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party " in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas Cumberland County to make equitable distribution of said 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 said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~~ dQJM\ WI ESS / ~Ihu MELISSA LAUGHLIN 2- COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ On this, J l1)~ day of)\)~ ' 2006, before me a Notary Public, personally appeared Melissa Laughlin know to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. : SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary Public COUNTY OF ~ Qy-\L- : SS. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public DillsbUlg 8oro. Yorl< County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA On this, the l1.4.~ay of ~2006, before me a Notary Public, personally appeared Harry B. Laughlin n, known to me 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~liC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public Dillsburg 8oro, Yorl< County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries " ,/j ':On ::? '""\"". r\1 ~~ ',:'..i \'..,), -' ~ ~~:: ,\;- .< o OJ ... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHLIN, Plaintiff * * NO. 06-2766 Civil Term * v. * CIVIL ACTION - LAW IN DIVORCE HARRY B. LAUGHLIN II, 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 Comnlaint on Mav 15.2006 bv nersonal service and a Return of Service was filed with this Honorable Court on Mav 25. 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: November 22. 2006 ; By Defendant:November 16. 2006. (b) (1) Date of execution of the Affidavit required by Section 330l(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: NI A. 4. Related claims pending: All related claims were settled bv a Marital Settlement A2reement dated November 16.2006 and filed with the Court on November 27. 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 Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 27. 2006: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 27. 2006 Date: '''/'4/0t.. I I- By: 0~ Thomas M. Clark, Esquire Supreme Court J.D. #85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) ,~ o c -"., S.~ ,\,1 to ~;" &,] -< 12 :~: l~, "::;"""'1 : p.~ ~ "'"' c::::> c::::> 0" o rn n I &" -0 :!: ~ :r-n rn- r:;; ::20 36 --1..i -r:~i (:)0 2m o ~ ;-<, - .. N fIi fIi fIi it; IN THE COURT OF COMMON PLEAS it; OFCUMBERLANDCOUNTY it; it; it; STATE OF MELISSA LAUGHLIN, Plaintiff No. VERSUS HARRY B. LAUGHLIN, II, Defendant DECREE IN DIVORCE AND NOW, ~(, DECREED THAT MELISSA LAUGHLIN AND HARRY B. LAUGHLIN, II ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. 2006-2766 CIVIL TERM c;t I.' 3 ~ p,tlt · , ~, IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated November 16, 2006 are Decree of Divorce and remain bindi ^'",~ B ~ ATTEST: fIi fIi '" orated but not merged in the PROTHONOTARY '" '" fIi "'''' "'it;it; "'''' it; it; it; it; it; it; fIi [f; it; it; it; J. , ~?~~ 1(}.L.~/ ~r 2~~'rP oj(J-L-c/ . . :. ~:;> oF ,:~,