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Home My WebLink About06-2939t Y CHRISTINE THOMAS, Plaintiff V. RALPH KYLE THOMAS, Defendant CICA 1ea-?n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C)(.--293? CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717)249-3166 L CHRISTINE THOMAS, Plaintiff V. RALPH KYLE THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. b(e-a939 CIVIL ACTION - LAW DIVORCE 010 L- -? COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Christine Thomas, by and through her attorney, Jeannd B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. The Plaintiff, Christine Thomas, is an adult individual who currently resides at 329 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Ralph Kyle Thomas, is an adult individual who currently resides at 329 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 2, 1972 in Ford City, Armstrong County, Pennsylvania. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievable broken. w 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There are no dependent children from this marriage. 11. This action is not collusive. Count II - Eauitable Distribution of Marital Property Pursuant to 43502 of the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage, which are subject to equitable distribution by this court. 15. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Marital Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court 1. 1 and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Marital Settlement Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. RESPECTFULLY SUBMITTED: JeannB B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, Pennsylvania 17011 PA Supreme Court ID No. 68735 Telephone: (717) 920-2500 Dated: Fax: (717) 920-9108 ATTORNEY FOR PLAINTIFF CHRISTINE THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. RALPH KYLE THOMAS, : CIVIL ACTION -LAW Defendant : DIVORCE VERIFICATION I, Christine Thomas, hereby verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Signature: y ?z d c??'9 C? ?/ stine Thomas -;4 N ?G w c c VI C Q Fn t? Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbmOtbrnesquire.corn Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. RALPH KYLE THOMAS Defendant TO THE PROTHONOTARY: NO. 06-2939 Civil Term . CIVIL ACTION - DIVORCE PRAECIPE Please withdraw the appearance of Jeanne B. Costopoulos, Esquire and enter the appearance of The Law Office of Theresa Barrett Male, Esquire, as attorneys for Plaintiff in this proceeding. Jea ne B. Costopoulos, Esquire Date: February 2008 j I IV Theresa Barrett Male, Esquire Date: February /? , 2008 r-a -- -rt g r -?_ rn : cu =gin Q0 s . Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmAtbmesQuire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. RALPH KYLE THOMAS Defendant NO. 06-2939 Civil Term CIVIL ACTION - DIVORCE PLAINTIFF'S MOTION FOR APPOINTMENT OF MASTER Christine Thomas, Plaintiff; moves the court to appoint a master with respect to the following claims: x Divorce x Distribution of Property Annulment Support x Alimony x Counsel Fees Alimony Pendente Lite x Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has not appeared in the action. A' (3) The statutory ground for divorce is irretrievable breakdown under section 3301(c). (4) Delete the inapplicable paragraph(s): (a) The action is uncontested. (b) An aqFeemeRt has been Fearhed with FespeGt to the following stars: (c) The action is contested with respect to the following claims: All. (5) The action does not involve complex issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: None. Date: June 16, 2008 A0, W Attorney for Plaintiff AND NOW, June , 2008 E. Robert Elicker, Esquire is appointed master with respect to the following claims: All. BY THE COURT: J. MOVING PARTY Attorney's Information Theresa Barrett Male, Esquire Law Office of Theresa Barrett Male 513 North Second Street Harrisburg, PA 17101-1058 717-233-3220 717-233-6862 (Fax) tbmCcD-tbmesg u ire. com NON-MOVING PARTY Attorney's Information Darren J. Holst, Esquire Howett, Kissinger, & Holst, P.C. 130 Walnut St., O.O. Box 810 Harrisburg, PA 17108 717-234-2616 717-234-5402 (Fax) dholstCa)-paonline.com 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: June 17, 2008 am: y y ao Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbmAtbmesauire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. x 1 Real Property x _ _2 Motor Vehicles _ 3 Stocks, bonds, securities and options 4 Certificates of deposit x 5 Checking accounts, cash x 6 Savings accounts, money market and savings certificates 7 Contents of safe deposit boxes 8 Trusts Life insurance policies (indicate face value, cash surrender value and current x 9 beneficiaries) 10 Annuities -- 11 Gifts 12 Inheritance 13 Patents, copyrights, inventions, royalties 14 Personal property outside the home Businesses (list all owners, including percentage of ownership, and x 15 officer/director positions held by a party with a company) Employment termination benefits - severance pay, workman's compensation 16 claim/award 17 Profit sharing plans 18 Pension plans (indicate employee contribution and date plan vests) x _ 19 Retirement plans, Individual Retirement Accounts 20 Disability payments 21 Litigation claims (matured and unmatured) 22 MilitaryN.A. benefits 23 Education benefits 24 Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach x 25 itemized list if distribution of such assets is in dispute) 26 Other Assets of the Parties 2 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of All Owners 1 329 Fairview Street, Carlisle, PA -- 1 671 North Hanover Street, Carlisle, PA 2 2003 Ford Explorer 2 2000 Lexus _ H 5 Members 1 st (ending in 484) -- 5 Members 1 st (ending in 475) 6 Members 1st (ending in 484) 6 Members 1st (ending in 475) 9 15 Northwestern Mutual (ending in 727) R.K. Thomas, Inc. -Better View Windows, Dooors, Patio H J 15 Infinity Beads - Endless Possibilities W 19 IRAs H 25 Miscellaneous Personalty J Marital Property 3 NON-MARITAL PROPERTY Plaintiff lists all properly in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 5 Orrstown Bank checking - W acquired post separation -- -- - 6 Orrstown Bank savings W acquired post-separation - - 15 Infinity Beads inventory and equipment W acquired post-separation Non-Marital Property 4 PROPERTY TRANSFERRED Item Number Description of Property Date of Transfer Consideration Transferee 15 W's shares in R.K. Thomas, Inc. 2006? none/unknown - H 19 Fidelity Investments 2005 $ 5,320.00 H 19 George Putnam Fund B 2005 $ 2,503.00 H 19 Voyager Fund B 2005 $ 4,165.00 ---H-- 19 Investors Fund B 2005 $ 1,739.00 H Property Transferred 5 LIABILITIES Item Number Description of Property Names of All Creditors Names of All Debtors 1 Mortgage PHH J 2 2003 Ford Explorer J 2 2000 Lexus J 15 Infinity Beads Members 1 st W 15 Infinity Beads Wife H ---- -- -- 25/26 --- - Living Expenses, HHGF, etc. VISA (4847) J 25/26 Living Expenses, HHGF, etc. VISA (4759) - J 25/26 25/26 Living Expenses, HHGF, etc. Living Expenses, HHGF, etc. VISA (4752) ?Orrstown VISA J W 25/26 25/26 Living Expenses, HHGF, etc. Living Expenses, HHGF, etc. Bon-Ton Kohl's W W Liabilities 6 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Darren J. Holst, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male U Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: June 17, 2008 C CO co ?fnn co co c v r Law Office of Theresa Barnett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbrn atbmesguire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. : NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. aintiff Expense Statement of Christine Thomas EXPENSES WEEK MONTH YEAR EXPENSES _ L WEEK MONTH YEAR Home Education ? Mortgage Maintenance Utilities ? - $ 1,090.00 $ 247.00 - Private School Parochial School College - ' - - -- ------ ---- Electric $ 197.00 Religious Gam - $ 111.00 Personal --- _ Oil Clothing $ 50.00 Telephone/internet - ' $ 105.00 -- -- Food $ 406.00 Water/sewer $ 34.00 - --- Barber/hairdresser -------- ------ $ 42.00 ---------- Credit Payments Employment - Credit Card $ 167.00 Public Transportation - - Charge $ 40.00 Lunch $ 45.00 Memberships Taxes Estate Real Personal Property -- - -- ------------- Loans- --- --- Credit Union - _-__-_- --- Insurance Homeowners Automobile (2 vehicles) Life (H) $ 93.00 $ 316.00 Miscellaneous Household Help Accident Child Care ------Health-* Life (W) Automobile Payments ** Fuel Repairs $ 650.00 $ 104.00 $ 655.00 $ 150.00 $ 48.00 Papers/books/mag Entertainment) Comcast Vacation Gifts Legal fees $ 25.00 $ 90.00 $ 120.00 $ 34.00 Medical Doctor/dentist Orthodontist Hospitaal $ 56.00 Charitable contributions Other child support Alimony Other Pool/hot tub $ 95.00 122.00 - Medicine - $ 126.00 Lawn care $ 102.00 Special Needs Accountant _ $ 39.00 _ Glasses - $ 25.00 Vet $ 79.00 Braces - ------- ---- ---- Orthopedic devices ) Subtotal $ 4,052.00 ) Subtotal $ 1,411.00 Total Monthly $ 5,463.00 - Better View PaYs - H a s I -- --- - - - - ---- - ?•o unan oarow indicates your 2006 Voluntary payroll adjustments OOZB-8160 000100 which are included (+), excluded (-), or did not affect (N/A) your federal INFINITY BEADS-ENDLESS POSSIBI wages (Box 1) and state wages, • 405 N EAST STREET CARLISLE PA 17013 VOLUNTARY ADJUSTMENTS YTD AMOUNT FIDERAL WAGE! PA WAGES ADOTLDIROP 42M N/A N/A FEDERALWITHHOLDINBEXEMPTIONS M 0 PA WITHHOLDING EXEMPTIONS M 0 REGULAR WAGES FOR 20118 21630.00 CHRISTINE THOMAS 328 FAIRVIEW STREET CARLISLE PA 17013 PAYROLLS BY PAYMjta(e Copy C. for emn10vaaa rennrda roan w-z wage and Tax Statement 2006 e ontrd nu 0020-6160 V ' e Employers name, alarm, and ZIP code 000001-000100. 1 7a1TINITY BMWS-LNDLZBS POSSIBI Department of the Treasury - Internal Revenue Service b ems wnffcmn mm ft d 405 N NBST STRZZT OMB No. 1$45-0008 20-4607163 CARLISLE PA 17013 , UM-.- ,;,,....-.._ PASIII s Mai b. 15 State Employers state ID No. PA 92703769 an k Deinng Dmielad b the Yeerna Aeeaaa sie m 06364 19.46 CBAISTI3M TB.OIQS 329 FATirn if STRM CA,RLISLZ PA 17013 21630.00 1341.06 66 n 13.66 16 State mares, Bo:. ate. 117 State income tax J1 tips, etc. 120 T Loeatity name 21630.00 664.05 21630.00 346.00 PA CUL -CTCB ENIPLOYEE VJ•2 WAGE SUMMAnY 2006 r , 0028-8724 000100 R K THOMAS INC % RALPH K THOMAS 671 N HANOVER ST CARLISLE PA 17013 For 2006, you have no payroll adjustments which affected your federal FEDERAL WITHHOLDING EXEMPTIONS M 0 wages (Box 1) or state wages. Therefore, the wages on your final 2006 PA WITHHOLDING EXEMPTIONS M 0 check statement should be the same as the wages reported on your W-2 statement. REGULAR WAGES FOR 2006 2884.66 CHRISTINE THOMAS 329 FAIRVIEW STREET CARLISLE PA 17013 07031 Form W-2 Wage and Tax Statement 2006 Copy C, for employees records ",yrcttsthy P4yc"ex, ,1c. a Control number 0028-87 ` Void c Employer's name, address, ad ZIP code nt of the Treasury - Internal Revenue Service 000002-000100 K THOMAS INC R Departme 1545 -0008 a, pi-.. ,e.a t-- .? w It d a^w.v.r. • s. $ RALPH K THOMAS 20-1173809 671 N HANOVER ST CARLISLE PA 17013 I Wages, tips, other compensation 2884 66 2 Federal income tax withheld 13 suemorx aenre mmt Thad-oa„v . 500.05 3 Social security wages 4 Social security tax withheld 2884.66 178.80 12 See lours. for Box 12 14 Other a Employee's name, address, and ZIP code 5 Medicare wages and tips 6 dicare lax wit e PASUI 2.55 CHRISTINE THOMAS 2884.66 41.85 329. FAIRVIEW STREET Social security lips Allocated tips CARLISLE PA 17013 9 Advance EIC payment 10 Dependent care benefits 11 NonWali ied plans 15 State Employer's state I.O. No. 16 State wages, tips, etc 17 Stale income tax 18 local wages, tips, etc. 19 Local income tax 20 Locality name PA 92177430 2884.66 88.50 2884.66 96.20 PA CARL-CTCB 'ha .ntcnnaacn s Camg fwmsneo to The fntefnaf Ra+en,e SWiC8 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: June 17, 2008 w , -.? i!fTj ) ti r : ,?? te . eti ?? I 1 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm&bmesguire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE PETITION RAISING ADDITIONAL ECONOMIC CLAIMS PURSUANT TO RULE 1920.13(b)(2) Count I - Alimony 1. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 2. Defendant has sufficient assets and income to provide continuing support for Plaintiff. Wherefore, Plaintiff requests the Court to enter an Order granting her alimony. Count II - Counsel Fees, Costs and Expenses 3. Plaintiff has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 4. Plaintiff lacks sufficient funds to meet the costs and expenses of pursuing this action, including counsel fees, expenses, and the costs to retain experts to value the marital assets. 5. Plaintiff also has incurred additional legal fees as a direct and proximate result of Defendant's conduct. 6. Defendant has sufficient assets and income to pay for Plaintiff's counsel fees, costs and expenses. Wherefore, Plaintiff requests the Court to enter an order awarding her counsel fees, costs and expenses. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: June 16, 2008 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male AhereseLa I- A "41kA Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: June 17, 2008 rv ? ? ? -r r ` on co 3 rn A Ca o n (3) The statutory ground for divorce is irretrievable breakdown under section 3301(c). (4) Delete the inapplicable paragraph(s): (a) The action is uncontested. (c) The action is contested with respect to the following claims: All. (5) The action does not involve complex issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: None. Date: June 16, 2008 A?w 44- Attorney for Plaintiff AND NOW, June ! 1 , 2008 E. Robert Elicker, Esquire is appointed master with respect to the following claims: All. BY THE COURT: 'z _ j CA? J. MOVING PARTY ,Attorney's Information Theresa Barrett Male, Esquire Law Office of Theresa Barrett Male 513 North Second Street Harrisburg, PA 17101-1058 717-233-3220 717-233-6862 (Fax) tbmCaD-tbmesguire. com Cop s M7, LEc'-L NON-MOVING PARTY Attorney's Information Darren J. Holst, Esquire Howett, Kissinger, & Holst, P.C. 130 Walnut St., O.O. Box 810 Harrisburg, PA 17108 717-234-2616 717-234-5402 (Fax) dholstO-Paonline.com 2 3t C CL- C ? OD N .J Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbm?tbmesguire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS : Defendant CIVIL ACTION - DIVORCE PROOF OF SERVICE Pursuant to Pa. R.C.P. 1930.4 governing service of original process in domestic relations matters, I certify that the file maintained by prior counsel, Jeanne B. Costopoulos, Esquire, confirms that Attorney Costopoulos served Defendant Ralph Kyle Thomas, 671 North Hanover Street, Carlisle, PA 17103, with a copy of the Complaint in Divorce on June 8, 2006 by certified mail, restricted delivery, as confirmed the U.S. Postal Service Domestic Return Receipt, which is attached as Exhibit 1. heresa Barre Male, Esquire Dated: September 10, 2008 ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse eo that we can return the card to you. C. ¦ Attach this card to the back of the mailpiece, x or on the front if space permits. 1. Article Addressed to: Upk k1le. ` OMu 01 N ? ge'e v-q- - I by (Please Print Owdy) 9. Date of D K IW fS .?-0 0 Agent Is dWlWy address different from item 1? O Yes If YEs, enter delivery address below: ? No 3. Service Type 17DO V"CWWW MMI 0 Express Meil t S 1? P?' ? Registered Cl Return Receipt for Merchandise ? inaursd mail ? C.O.D. 4. Realrialsd Ddhlary't $itea Fbq z. meww ?wwas4,?e? `7e00 [S3a 6°?1 6001 q?zy Pe Pown 3911, Ir woh 2oo1 oormaNc f+N.n fiasallrt 1Cie11i-0t*t-tlld4 ,?;< NtBrT I ? F? ca ? ? -o . .- . ?: ? 7 ' , ?? ?? N 4." .4 Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ralph Kyle Thomas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, ) Plaintiff ) V. ) RALPH KYLE THOMAS, ) Defendant ) NO. 06-2939 CIVIL CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRETRIAL STATEMENT PURSUANT TO PA.R.C.P 1920.33(h) AND NOW, comes Defendant, Ralph Kyle Thomas, by and through his counsel, Howett, Kissinger & Holst, P.C., who files this Pretrial Statement Pursuant to Pennsylvania Rule of Civil Procedure 1920.33(b): 1. FACTUAL AND PROCEDURAL HISTORY. Plaintiff, Christine Thomas ("Wife"), age 54, born September 26, 1953, and Defendant, Ralph Kyle Thomas ("Husband"), age 55, born June 25, 1953, married on December 2, 1972 in Ford City, Pennsylvania. It was the first marriage for both parties, producing two children who are now emancipated. Both parties are in good health and capable of full-time gainful employment. Neither party has any substantial non-marital assets, nor does any party have any prospect of receiving an inheritance from family. Husband, whose work experience is concentrated as a manufacturing representative selling windows, doors and patios, started a sole proprietorship business in 1992, whose business model is to purchase and install windows, doors, patios and sun rooms for customers. From 1992 until approximately 1996, Husband operated his business on a part-time basis while maintaining full-time employment as a manufacturing representative for Seawey Manufacturing, a business that sells windows and doors. In approximately 1996, Husband left Seaway Manufacturing and began to operate his business full-time; in 2004 Husband incorporated his business as R.K. Thomas, Inc., known as Better View Windows, Doors and Patio (hereafter "R.K. Thomas"), a sub-chapter S corporation. R.K. Thomas is located at 671 North Hanover Street on real estate owned jointly by the parties. Husband continues to operate R.K. Thomas as its sole owner.' Husband is a high school graduate; he has no post-secondary education. Wife, also a high school graduate, owns and operates Infinity Beads - Endless Possibilities ("Infinity Beads"), a subchapter S corporation located at 405 North East Street, Carlisle, Pennsylvania that sells beads and other arts and crafts supplies. Wife started Infinity Beads in 2005, but at that time it operated as a component of R.K. Thomas (whose entire operations were run through R.K. Thomas); in 2006, however, Wife removed Infinity Beads from the auspice of R.K. Thomas and incorporated the business.' Before starting Infinity Beads, Wife assisted Husband in the operation of R.K. Thomas. 'Initially, between 2005 and 2006, as Wife's own business was originally run through R.K. Thomas, Husband and Wife were listed as equal shareholders in R.K.Thomas at the time of incorporation. However, after separation Wife removed her business from R.K. Thomas. The transfer occurred during 2006; in 2006, given the transfer occurred partway through the year, Wife's interest in R.K. Thomas was reduced to 12.328767% on the 2006 corporate return. In 2007 complete ownership of R.K. Thomas returned to Husband. ' When Infinity Beads started, R.K. Thomas assumed responsibility for remodeling the building and the costs for starting up the business. Infinity Beads paid R.K. Thomas $10,000.00 in 2005 off of a line of credit for the costs associated with the start up. Infinity Beads took a second $10,000.00 from the line of credit in 2006 to give to R.K. Thomas to help that business get through a short downturn. R.K. Thomas has paid $3,000.00 of that $10,000.00 back; $7,000.00 remains outstanding. 2 Although the parties' marriage is quite long, spanning roughly thirty-three (33) years, the marital estate is extremely modest. In addition to the parties' respective businesses, which comprise the majority of the estate, the parties own their marital residence, in which Wife presently resides, and the rental property on which R.K. Thomas is situated. The parties do generate rental income from this property, and in addition to the income each party derives from their businesses the parties for the most part enjoyed a fairly middle class lifestyle.' Neither party has any accumulated retirement. During marriage, the parties agreed Husband would liquidate his retirement account, earned from his employment at Seawey Manufacturing, in order to start and operate R.K. Thomas. Wife initiated the instant action by filing a Complaint in Divorce with a count for equitable distribution on May 22, 2006. By subsequent motion, filed on June 17, 2008, Wife raised additional claims of alimony and counsel fees, costs and expenses. Husband physically vacated the marital residence on or about June 2, 2006 thereby resulting in a thirty-three (33) year marriage. 'From separation until August 13, 2008 Husband provided voluntary support to Wife. On August 13', Wife filed a Complaint for Spousal Support, and on September 9, 2008 an initial conference was held at the Domestic Relations Office. As of the date Husband files his pretrial statement, the Court has yet to enter a formal support order. 3 II. ASSETS. A. MARITAL ASSETS # ASSET TITLE/ MARITAL DATE ANY LIENS POSSESSION VALUE OF PORTION OR VALUATION NON- ENCUMBRANCES MARITAL 1 329 Fairview Joint/Wife $196,200.00 2007 No Yes (see X) Street, Carlisle, (gross value) TBD PA (Marital Residence) 2 R.K. Thomas, Husband/ $49,143.00 Current No None Inc. (Subchapter Husband (asset value) S Corp) (per 2007 tax return) 3 Infinity Beads Wife/Wife $71,338.00 Current No None (Subchapter S (asset value) Corp) (per 2007 tax return) 4 671 North Joint/Joint $290,000.00 2004 No Yes (see X) Hanover Street, (gross value) (updated $161,395 Carlisle, PA (subject to appraisal (Rental updating) pending) property) 5 2000 Lexus SC Husband/ $13,200.00 Current No Yes (see X) automobile Husband (gross value) $10,231 6 2003 Ford Joint(Wife $8,165.00 Current No Yes (see X) Explorer (gross value) $12.49° automobile 7 Northwestern Husband/ $15,404.00 10/07 No None Whole Life Husband Insurance Policy 8 Members First Joint/Joint $0 Current No None Account, #49484 9 Members First Joint/Wife $1,237.00 6/2/06 No None Account, #155475 4The debt on Wife's 2003 Ford Explorer has been paid by R.K. Thomas, which practice has continued throughout separation. # ASSET TITLE/ MARITAL DATE ANY LIENS POSSESSION VALUE OF PORTION OR VALUATION NON- ENCUMBRANCES MARITAL 10 Personalty & Joint/Joint $0 (in-kind Separation No None Furnishings division) B. NON-MARITAL ASSETS # ASSET VALUE DATE OF VALUATION LIENS OR ENCUMBRANCES 1 Wife's Orrstown TBD Trial None Bank Account 2 Husband's Members TBD Trial None First Accounts III. EXPERT WITNESSES. Husband is obtaining an updated appraisal on the business real estate insomuch as the current appraisal is now four years old. If the parties cannot stipulate to the value, Husband will call the appraiser to testify in support of the report. Husband reserves the right to call rebuttal expert witnesses if necessary and appropriate without advance notice to Wife. IV. WITNESSES OTHER THAN PARTIES. None. However, Husband reserves the right to call rebuttal witnesses if necessary and appropriate without advance notice to Wife. V. LIST OF EXHIBITS. Husband plans on submitting the following exhibits at hearing: 1. Updated appraisal report on 671 North Hanover Street, Carlisle, PA, if necessary. 2. Statements for Northwestern Whole Life Insurance Policy, if necessary. 3. Kelley Blue Book statements for automobiles, if necessary. 4. Mortgage statements for marital residence and rental property, if necessary. 5. Debt information on automobiles, if necessary. 5 6. Most recently filed tax returns for corporations. 7. Husband's most recently filed tax return. 8. Statements for Members First account. 9. Income and Expense Statement for Husband. 10. R.K. Thomas business documents showing present state of business. 11. Members First account statements. Husband reserves the right to identify and introduce additional exhibits prior to trial upon advance notice to Wife and the Court. Additionally, Husband reserves the right to introduce rebuttal exhibits as necessary and appropriate without advance notice. The parties have agreed not to attach exhibits to the pretrial statement. Exhibits will be exchanged in advance of trial. VI. DEFENDANT'S INCOME. As the owner of R.K. Thomas, Husband does not draw a salary. Instead, he takes corporate distributions when money is available. Presently, Husband attempts to take regularly distributions in the amount of $800.00 per week. When money is unavailable, Husband may go several weeks without taking a corporation distribution. Husband will submit at trial his most recently filed tax return as well as documentation establishing the current state of his business. VII. PENSION OR RETIREMENT BENEFITS. See marital asset chart above. Neither party has any retirement assets. VIII. COUNSEL FEES. Husband has not raised a claim for counsel fees, costs and expenses. While Wife has raised such a claim, her income from her business, along with the assets she will receive in property division militate against an award of counsel fees, costs and expenses. IX. PERSONAL PROPERTY. See marital asset chart above. The parties have divided their personalty and furnishings. However, Wife removed approximately 90% of the personalty and furnishings. 6 X. MARITAL DEBT. DEBT AMOUNT DEBT AS OF DATE DEBT INITIAL PURPOSE AMOUNT EVIDENCE OF DEBT D.O.S. INCURRED AMOUNT OF DEBT AND DATES OFFERED IN OF DEBT OF PYMT SUPPORT SINCE OF CLAIM D.O.S. Mortgage on TBD TBD 1990 $120,000.00 Home Monthly by Statements marital (est.) purchase Wife residence Mortgage on $161,395.00 $165,000.00 2006 $165,000.00 Purchase Monthly, Statements rental (est.) (est.) rental $1,196.08 property property Lexusloan $10,231.00 $12,000.00 2003 $23,000.00 Car purchase Monthly, Statements (est.) (est.) $262.35 Explorer loan $12.49 TBD TBD TBD Car purchase Monthly, Statements $654.58 XI. PROPOSED RESOLUTION. Husband proposes the following resolution: A. Equitable Distribution: Based upon the length of the marriage, the limited estate, and the parties' relatively equal earning capacities, Husband proposes and equal division of the marital estate. Such a distribution can be effectuated by awarding each party ownership of their respective businesses and the automobiles in their possession, awarding Wife ownership of the marital residence (with an obligation to refinance the joint mortgage to remove Husband's name from liability), awarding Husband his whole life insurance policy and awarding Husband ownership of the rental property. Husband can refinance the existing joint debt on the rental property and pay Wife an appropriate sum from the equity to effectuate an equal division of the estate. B. Alimony: As Wife generates sufficient income through her business to meet her reasonable needs, Wife's request for alimony should be denied. C. Counsel Fees. Costs and Expenses: Given the parties' relatively equal earning capacities, the parties should be responsible for their own counsel fees, costs and expenses incurred as a result of this action. / Respectfully submitted, Date: Jol t l ! y ??---- l Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ralph Kyle Thomas 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff ) NO. 06-2939 CIVIL V. ) RALPH KYLE THOMAS, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Defendant, Ralph Kyle Thomas, in the above- captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Pretrial Statement Pursuant to Pa. R.C.P. 1920.33(b) was served upon Theresa B. Male, Esquire, counsel for Plaintiff, Christine Thomas, by depositing same in the United States mail, first class, on September 11, 2008, addressed as follows: Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Date: Darren J. Holst, squire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ralph Kyle Thomas r P R 1 • o 0 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm@.tbmesQuire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 22, 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. 1 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Christine Thomas Date: August _LO , 2009 2 HUI- 2009 AUG 2_5 Pig Q: 20 YA, U Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm0_tbmesouire.corn Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is 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. -?z M-,,J aa,? Christine Thomas Date: August _/O , 2009 2 i OF THE 2009 AUG 25 P 12.2 0 cuJ i:.1t 13t..fS'i1 t Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesguire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. : NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S PETITION TO ENFORCE AGREEMENT 1. Plaintiff Christine Thomas ("Wife") instituted this action on May 22, 2006. 2. On February 21, 2008, current counsel entered her appearance on behalf of Wife. On the same date, Wife filed her petition raising economic claims for alimony and legal fees, costs and expenses; her inventory; her income and expense statement; and her motion for appointment of the master. 3. By order dated June 16, 2008, this Court appointed the divorce master. 4. Following the pre-trial conference with the divorce master, the parties continued their settlement discussions and ultimately reached an agreement resolving all of the economic issues between them. 5. On July 27, 2009, Wife's counsel sent to Husband's counsel Husband's affidavit of consent and waiver of notice; the deed to the marital residence, which Wife is retaining; the mortgage and the note securing the debt owed by Husband and his S- corporation to Wife and her S-corporation; and the POA by which Wife was to transfer the Certificate of Title on her vehicle into her name. 6. On August 10, 2009, Wife signed the settlement agreement, a copy of which is attached as Exhibit 1. 7. On August 14, 2009, Wife's counsel hand-delivered to Husband's counsel copies of Wife's executed affidavit and waiver and four (4) settlement agreements signed by Wife and her counsel. 8. On September 1, 2009, Husband's counsel left a message for Wife's counsel indicating that Husband was coming to counsel's office on September 2, 2009 at 1:30 p.m. "to sign everything." He also indicated that Wife's counsel "should have [the documents] by regular mail by Thursday." 9. Upon receipt of the message, Wife's counsel directed her paralegal to advise opposing counsel that the paralegal would pick up the executed documents. 10. On September 2, 2009, Husband's counsel advised Wife's counsel that Husband refused to sign the settlement agreement because Husband had not agreed to pay a corporate debt in the name of the corporation which Husband is retaining. 2 16. Since instituting this action, Wife has incurred substantial legal fees as a direct result of Husband's conduct. 17. Wife's evidence in support of this petition will confirm that Husband again has created a situation in which Wife has incurred unnecessary and unwarranted legal fees which Wife cannot afford to pay. In fact, representation of Wife has created a substantial burden for Wife's counsel, who is a sole practitioner, and who cannot afford to continue representing Wife without compensation. 18. No judge has been assigned to this case. 19. Darren J. Holst, Esquire, attorney for defendant, does not concur with this petition. Wherefore, Plaintiff respectfully requests that the Court enter an order enforcing the parties' agreement and awarding Wife all of her legal fees incurred in connection with this matter. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: September 3, 2009 4 1 Exhibit 1 ,, MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN RALPH K. THOMAS AND CHRISTINE THOMAS Darren J. Holst, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Ralph K. Thomas Theresa Barrett Male, Esquire Law Office of Theresa Barrett Male 513 North Second Street Harrisburg, Pennsylvania 17101-1058 Telephone: (717) 233-3220 Counsel for Christine Thomas A , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of August, 2009, by and between RALPH K. THOMAS, of Cumberland County, Pennsylvania, and CHRISTINE THOMAS, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Ralph K. Thomas (hereinafter referred to as "Husband") was born on June 25, 1953 and currently resides at 107 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013; WHEREAS, Christine Thomas (hereinafter referred to as "Wife") was born on September 26, 1953 and currently resides at 329 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015; WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 2, 1972 in Ford City, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about June 2, 2006; WHEREAS, the parties' two children are now emancipated; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Page 1 of 28 NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband and Theresa Barrett Male, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. Page 2 of 28 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one parry alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, 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 of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. Page 3 of 28 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on May 22, 2006, Wife initiated a divorce action under, inter alia, the no-fault provisions of the Divorce Code by filing a complaint docketed at No. 06-2939 Civil in the Court of Common Pleas of Cumberland County. Additionally, Wife has requested the appointment of the divorce master; E. Robert Elicker, Esquire has been appointed master, and a hearing was scheduled for May 21, 2009 but continued generally in light of this settlement. The parties acknowledge the ninety day waiting period provided for under Section 3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent to divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife for filing. Wife's counsel will take all necessary steps to vacate the divorce master's appointment and, once Wife Page 4 of 28 obtains her own health insurance coverage, as set forth in Paragraph 7, infra, Wife's counsel will take steps to precipitate the entry of a divorce decree. Notwithstanding, in no event shall Wife's counsel wait more than sixty days from the date of execution of this Agreement to take the steps to precipitate the entry of a divorce decree. The parties acknowledge Husband's obligation to pay Wife the alimony obligation called for in Paragraph 6, infra, is specifically conditioned upon Wife executing and filing her Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree at the time of execution of this Agreement. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 329 Fairview Street, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall, at or around the time of execution of this Agreement, execute a deed transferring all of his right, title and interest in the Marital Residence to Wife, which deed shall be held in escrow by Husband's counsel until such time as Wife refinances the existing joint debt on the Marital Residence as addressed in more detail in Paragraph 5(a)(3), infra. At or around the time Husband's name is removed from liability on the Marital Residence debt, Husband's counsel will release the deed for recording. Page 5 of 28 (2) Husband agrees that, as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, • any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. Moreover, Wife shall, within sixty (60) days of the date of the execution of this Agreement, take all steps necessary to apply with the current mortgage holder of all existing jointly titled mortgages or loans associated with the Marital Residence or another lending institution to have Husband's name removed from any liability on the jointly titled encumbrances. Should a lending institution deny said application, Wife shall reapply to remove Husband from liability associated with the mortgages or loans every six months thereafter until such time as the institution approves said application. Wife shall have a duty to provide Husband with copies of all documentation evidencing she is in compliance with this subparagraph within forty-eight (48) hours of submitting said documentation to the institution or upon receipt of said documentation from the institution. Page 6 of 28 (b) Furnishings and Personally. (1) The parties agree they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the Marital Residence. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. (c) Business Real Estate. The parties acknowledge they are the titled owners, as tenants by the entireties, of real estate located at 671 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, on which Husband's business is situated (hereinafter referred to as the "Business Real Estate"). The parties agree as follows with respect to the Business Real Estate: (1} Husband shall become the sole and exclusive owner of the Business Real Estate and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Business Real Estate. Wife shall, at or around the time of execution of this Agreement, execute a deed transferring all of her right, title, claim and interest in the Business Real Estate to Husband, which deed shall be held in escrow by Wife's counsel until such time as Husband successfully refinances the joint debt on the Business Real Estate to remove Wife's name from liability thereon and pays Wife the agreed upon equitable distribution Page 7 of 28 payment, as set forth in more detail in Paragraphs 5(c)(3) and 50), infra. At or around the time Wife is removed from liability on the Business Real Estate debt, and she is paid her equitable distribution payment, Wife's counsel will release the deed for recording. (2) Wife agrees that, as of the date of execution of this Agreement, any and all title policies and any and all other policies of insurance with respect to the Business Real Estate shall be endorsed to reflect Husband as sole owner thereof and further agrees Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Business Real Estate, including, but not limited to, any mortgages, any and all loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. Moreover, Husband shall, within sixty (60) days of the date of execution of this Agreement, take all steps necessary to apply with the current mortgage holder of all existing jointly titled mortgages or loans associated with the Business Real Estate or another lending institution to have Wife's name removed from any liability on the jointly titled encumbrances. Should a lending institution deny said application, Husband shall reapply to remove Wife from liability associated with the mortgages or loans every six months thereafter until such time as the institution approves said application. Husband shall have a duty to provide Wife with copies of all documentation Page 8 of 28 evidencing he is in compliance with this subparagraph within forty-eight (48) hours of submitting said documentation to the institution or upon receipt of said documentation from the institution. Concurrently with Husband's refinance of the jointly titled debt or one year of the date Wife signs this Agreement, whichever occurs first, Husband shall pay to Wife the called for lump sum equitable distribution payment as called for in Paragraph 50), infra. (d) Motor Vehicles. (1) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, the 2003 Ford Explorer automobile currently titled in the joint names of the parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees Husband shall retain possession of, and receive as his sole and separate property, the 2000 Lexus SC automobile currently titled in Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband acknowledges he has taken the steps to stop the loan for the Lexus from automatically being paid from the one Member's First bank account that Wife is receiving payment pursuant to paragraph 5(g), infra. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. Page 9 of 28 (3) The parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. Such cooperation includes, but is not limited to, Husband executing a Power of Attorney to allow Wife to transfer the jointly titled Ford Explorer automobile into her sole name, which Husband shall do concurrently with signing this Agreement. O Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. Notwithstanding the above, the parties acknowledge Husband is the owner and insured on a whole life policy with Northwestern Life Insurance, which had a cash value of approximately $18,850.00 as of October 2008. While Husband shall remain the owner of said policy, he agrees to transfer to Wife, as and for equitable distribution, the sum of $10,000.00 from the accumulated cash value of his Northwestern policy. Concurrently with executing this Agreement, Husband shall send a written request to Robert W. Hockley, Financial Representative for Northwestern Mutual, to pay to Wife $10,000 of the policy cash value. Husband shall copy Wife on this correspondence and shall sign immediately all documents necessary for Northwestern to release this payment to Wife. The parties acknowledge the life insurance company is able to effectuate a direct transfer to Wife out of the cash value balance without tax consequences to either parry as set forth in the letter dated May 21, 2009 from Mr. Hockley to Husband. A copy of the letter is attached as Exhibit 1. Wife releases all other claims to the whole life policy and the remaining cash value. Page 10 of 28 ( Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (1) Husband agrees Wife shall retain, as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash'accounts, stock and investments and the monies contained therein. (2) Wife agrees Husband shall retain, as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stock and investments and the monies contained therein. (3) The parties acknowledge that, during marriage, they maintained two joint accounts with Members First account numbers 49484 and 155475, which accounts continue to exist. Husband agrees Wife shall receive, as her sole and separate property, free of any and all past, present or future right, title, claim or interest of Husband, the account numbered 155475 and the monies contained therein. Wife agrees Husband shall receive, as his sole Page 11 of 28 and separate property, free of any and all past, present or future right, title, claim or interest of Wife, the account numbered 49484 and the monies contained therein. Each party agrees to execute any and all documents necessary to effectuate the transfer of said accounts to the other including, but not limited to, executing a Power of Attorney to permit the party to transfer the accounts into his or her sole name. Within fourteen (14) days of execution of this Agreement, each party shall appear at a Members' First branch and shall sign all documents required by the bank to remove his or her name from the account awarded to the other and to cancel any and all credit cards in that party's name associated with the account awarded to the other party, specifically, but not limited to, the Visa card that Husband has associated with account numbered 155475. (h) R.K Thomas, Inc. (1) The parties acknowledge Husband is currently the sole owner and sole shareholder of a sub-chapter S corporation known as R.K. Thomas, Inc. ("R.K. Thomas") located at 671 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. Husband further acknowledges he is in the process of changing the organization structure of R.K. Thomas from a sub-chapter S corporation back to a sole proprietorship. Husband shall retain 100% of Wife's legal and beneficial interest in the business, he shall remain the sole and exclusive owner of the business, and he shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest in and to R.K. Thomas, its stocks, cash accounts, accounts receivable, inventory and any and all equipment, fixtures and assets owned by the business. Wife shall execute any and all documents necessary to implement her waiver, relinquishment and transfer of all claims and interest in R.K. Thomas, including stock certificates and shareholder agreements. Page 12 of 28 (2) Husband shall be solely responsible for any and all liabilities, including, but not limited to, debts, liens, encumbrances, costs, expenses, accounts payable, corporate debts, personal guarantees, and federal, state and local tax liabilities associated with or attributable to his interest in R.K. Thomas and all successor entities. This includes the Members First interest-only loan, which had a balance of $18,000.00 on April 30, 2009, for which Husband and R.K. Thomas, Inc. are solely liable. Husband shall indemnify and hold harmless Wife and her successors, assigns, heirs, executors and administrators from any and all such liabilities, costs and expenses, including reasonable attorneys' fees, which may be incurred in connection with his ownership interest in R.K. Thomas and his indemnification of Wife. The parties acknowledge one of the debts pertaining to R.K. Thomas is a credit card debt of approximately $2,400.00 on the Visa credit card tied to Members' First account numbered 49484. As set forth above, Husband and R.K. Thomas, including all successor entities thereto, are solely responsible for said credit card debt. (i) Infinity Beads, Inc. (1) The parties acknowledge Wife is the sole owner and shareholder of a sub-chapter S corporation known as Infinity Beads, Inc. ("Infinity Beads") located at 405 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. Wife shall retain 100% of Husband's legal and beneficial interest in the business, she shall remain the sole and exclusive owner of the business, and she shall be permitted to taken any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest in and to Infinity Beads, its stocks, cash accounts, accounts receivable, inventory and any and all equipment, fixtures and assets owned by the business. Page 13 of 28 Husband shall execute any and all documents necessary to implement his waiver, relinquishment and transfer of all claims and interests in Infinity Beads, including stock certificates and shareholder agreements. (2) Wife shall be solely responsible for any and all liabilities, including, but not limited to, debts, liens, encumbrances, costs, expenses, accounts payable, corporate debts, personal guarantees, and federal, state and local tax liabilities associated with or attributable to her interest in Infinity Beads and all successor entities. Wife shall indemnify and hold Husband and his successors, assigns, heirs, executors and administrators harmless from any and all such liabilities, costs and expenses, including reasonable attorneys' fees, which may be incurred in connection with her ownership interest in Infinity Beads and her indemnification of Husband. The parties acknowledge one of the debts attributable to Infinity Beads is a Members First debt with a balance of approximately $18,108.00, for which Wife and Infinity Beads, and all successor entities, shall be solely liable. (3) Notwithstanding the above, there presently exists a business debt owed by R.K. Thomas to Infinity Beads. In full satisfaction of said outstanding claim, Husband and R.K. Thomas agree to pay to Wife and Infinity Beads the sum of $6,000.00, which shall be paid over twenty-four months at an interest rate of 4% per annum, at the rate of $265.00 per month. Husband shall make the first payment on the first day of the first month after the parties sign this Agreement, and shall pay each payment thereafter on or before the first of each month. The parties acknowledge and agree they waive, release and discharge any and all other claims either party may have as against the other and his or her business during marriage up through the date of execution of this Agreement. Page 14 of 28 To secure repayment of the $6,000 business debt owed by R.K. Thomas to Infinity Beads, Husband shall execute concurrently with signing this Agreement, individually and on behalf of R.K. Thomas, a promissory note and a mortgage, as may be prepared by Wife, covering the Business Real Estate. Wife shall be solely responsible for any and all costs or expenses associated with preparing and recording any such documents. Furthermore, Wife agrees that, if and when Husband is successful in refinancing the existing joint debt on the Business Real Estate, the mortgage associated with the instant business debt need not be satisfied at that time on an expedited basis. Once Husband and R.K. Thomas have satisfied the payment called for herein, Wife shall take all steps necessary, no later than thirty (30) days after receiving the final payment, to mark any such mortgages satisfied. Wife shall be solely responsible for any and all costs or expenses associated with marking the mortgage as satisfied. 0 Equitable Distribution Payment. Husband shall pay Wife as equitable distribution the lump sum of $30,000.00 when he successfully refinances the jointly titled debt on the Business Real Estate into his sole name as discussed more fully in Paragraph 5(c)(3), supra, or one year from the date on which Wife signs this Agreement, whichever occurs first. Husband waives, releases and relinquishes any and all past, present or future right, title, claim and interest in and to. the lump sum to be made to Wife including, but not limited to, any interest or earnings thereon or any property acquired therewith or exchanged therefor. f k? Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. Page 15 of 28 (1) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (m) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (n) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. Page 16 of 28 (o) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. fpJ Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to. hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. f cLI Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. Page 17 of 28 6. ALIMONY. Commencing the first day of the month following entry of the parties' divorce decree, Husband shall pay to Wife, as and for alimony, the monthly sum of $707.00 for the duration of a 4 months, which shall be paid in monthly installments on or before the first of each month. Said alimony payments shall be made through and enforceable by the Cumberland County Domestic Relations Section of the Court. This alimony shall be non-modifiable in duration or amount, it being understood by the parties they waive any right to modify the terms of the alimony in a court of law or equity. Notwithstanding the foregoing, the amount of Husband's alimony obligation shall be subject to upward or downward modification if, and only if, either party becomes so physically or mentally disabled that the disabled party is entitled to receive social security disability payments as a result thereof. Said payments shall terminate absolutely prior to the expiration of eighty-four (84) months upon the first to occur of one of the following: (i) death of Wife; (ii) death of Husband; (iii) Wife's remarriage; or (iv) Wife's cohabitation as that term is defined under Pennsylvania law. The parties acknowledge Husband is presently paying interim support through the Domestic Relations Office at PACSES Case No. 394110241 in the amount of $963.00 a month. Husband's interim support obligation shall continue through the end of the month in which a divorce decree is entered, at which time said obligation shall terminate absolutely. Wife shall take all steps necessary to terminate the existing interim support order within ten days of the divorce decree being entered. Page 18 of 28 It is understood by the parties the alimony payments from Husband to Wife pursuant to this Agreement constitute alimony under the Internal Revenue Code, and they are intended to be deductible by Husband on his individual tax return and includable as income on Wife's tax return. Each party agrees he or she will file tax returns consistent with the terms of this Agreement, and both Husband and Wife acknowledge the failure to do so shall be deemed a breach of this Agreement. 7. MEDICAL INSURANCE COVERAGE FOR WIFE. The parries acknowledge Husband is currently providing medical insurance coverage for Wife through R.K. Thomas. Husband agrees to continue to provide such coverage until such time as a divorce decree is entered, at which time his obligation to provide such coverage shall terminate absolutely. S. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. Page 19 of 28 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the Page 20 of 28 future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either parry may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, Page 21 of 28 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 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all'causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such Page 22 of 28 other remedies or relief as may be available to him or her. The non-breaching parry shall be entitled to recover from the breaching parry all costs, expenses and legal fees reasonably incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Husband and Wife, respectively, will be sufficient if made or addressed to the following: Ralph K. Thomas, 107 Winchester Gardens, Carlisle, PA 17013 Christine Thomas, 329 Fairview Street, Carlisle, PA 17015 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. Page 23 of 28 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. 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. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or Page 24 of 28 her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. Page 25 of 28 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS RALPH K. THOMAS 1 HRISTINE THOMAS Page 26 of 28 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss. BEFORE ME, the undersigned authority, on this day personally appeared RALPH K. THOMAS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 2009. Notary Public in and for Commonwealth of Pennsylvania Typed or oriented name of Notary: My Commission Expires: Page 27 of 28 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN On this, the i 0-!---" of August, 2009, before me the subscriber personally appeared CHRISTINE THOMAS, known to me or satisfactorily proved to be the person whose name is subscribed to in the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I set my hand and official seal. My Commission Expire : COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan C. Appleby. Notary Public City Of couftly My Corrrnission Expires Dec. 28, 2010 Pennsylvania Association of Notaries Page 28 of 28 Exhibit 1 '05-26-'09 09:44 FRW-Howett. 7172345402 Flay. 22. 2009 iQ:06AM Nothwestera Mutua' TIA Northwestern Mutual PINANCIAL NETWORK' The Central Pennsyrvanla Group T-074 P003/003 F-527 Ne. 5166 P. 2 Robert W. HockleY Financial RepreaeMetive May 21, 2009 Ralph K Thomas 671 N Hanover St Carlisle, PA 17013 Re: Northwestean Mutual Life pol. d 15552727, Cash Withdrawal Ralph K Thornas, Insured/Owner 4431 N Frond St ft 102 Haffitibuec PA-171io 717 810 2620 Oka 717 257 4105 fax +oban.nockis?na?n.com Wow .nrorn.conVrobathoemoy near 17alph, It is permissible to have aNorthwostern Mutual check for a selected amount of policy cash value payable directly to some6ne other than the owner, I.e. Christine Thomas. This check would represent guaranteed funds and require only her signature for deposit. Withdrawals of a lump sum of cash value; can be made by either taking a load or by cashing in accumWsted policy dividends. Neither approach creates a taxable event. Sample forms used to make such withdrawals are provided for your review. Should any questions or concerns arise, please call me. Bestregards, Robot W. Hockley/skh kaAiNltftm MMM iW edi110?f.?r(Nl1iN} 61Ae ?t taNe sYe? arA dI?L?Gon?Irtl wEaidlNef agdtf?f0let. Aleta;tbtfblawYeM NaI1t111?31ad1If10t Qxf?enlAuAMrealanliWla MOWN 111"AN111 lAow or" NAM WSK r+roa MOR hbtvolad the ?f}rtlMblatYlrKtcerupltiei ha0?'an h NOM?taa w,uolal FNC 0 Afta4l" its eonkuyts Am Exhibit 2 THERESA BARRETT_MALE COUNSELOR AT LAW June 4, 2009 Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Re: Thomas v. Thomas Dear Darren: ANDREA HUDAK DUFFY, ESQUIRE SUSAN C. APPLEBY, PARALEGAL sca@tbmesquire.com JONATHAN J. MALE, LEGAL ASSISTANT I have reviewed the revised settlement agreement, and the confirming letter from Northwestern, with Chris. Several of the terms we discussed on May 19 were not addressed in this draft, as a result of which the agreement is not acceptable in its current form. Additionally, we need some new language to address some issues which need to be clarified. Chris will sign the agreement provided the following changes are made: 15 (g)(3): Chris does not intend to retain the 49484 account, so please revise this to reflect that the account will remain with Ralph, unless he decides to close it. 2. ¶ 5 (g)(3): Revise as follows: "MeFeeve,;of neoerSafy Within fourteen (14) days of siQning this Agreement, Husband agrees to ge to shall appear at a Members First branch and shall sign all documents required by the Bank to remove his name to these aGGGURtS OF With t e bank, from Account # 155475 and to cancel his Visa card which currently is associated with that Account." 3. ¶ 5(h) and (i): Apparently, some of the debts incurred by R.K. Thomas, Inc. are secured by the business real estate. One of those debts financed the start-up expenses for R. K. Thomas, Inc., dba Infinity Beads. As of April 30, 2009, the balance on this debt was $18,107.51, which Chris acknowledges is her responsibility. The other debt against the business real estate is the interest only debt, the balance of which was $18,000 on April 30, 2009. This is R.K. Thomas' debt. Please revise these paragraphs to confirm the allocation of these secured obligations. 4. ¶ 50): Chris has no confidence that Ralph will repay the $6,000 in interest payments which she has made. Therefore, we need security for this payment, and my suggestion about a mortgage and a note is the best alternative. 513 NORTH SECOND STREET, HARRISBURG, PENNSYLVANIA 17101-1058 TEL: 717-233-3220 • FAX: 717-233-6862 • WWW.TBMESQUIRE.COM Darren J. Holst, Esq. Page 2 June 4, 2009 5. % 5 (j): Revise as follows: "in the event If Husband has not successfully refinanced the jointly titled debt on the Business Real Estate and paid to Wife the lump sum of $30,000.00 on or before the expiration of none (9) m^^+"° sixtv 60 days from the date of execution of this Agreement, then Husband shall execute and deliver to Wife within fourteen (14) days thereafter a mortgage and a note to be prepared by Wife. As provided in the mortgage, interest at the rate of four percent (4%) per annum shall begin to accrue on the unpaid balance until such time as the lump sum is paid in full. The accrued interest shall be paid at the time the lump sum is made to Wife. As confirmed by the note, Husband's payment to Wife is due and payable in full by March 15, 2010." 6. 16: Revise as follows: "Commencing the month fellewing entry e on the date the parties' divorce decree is issued by the Court, Husband shall pay difest! to Wife, as and for alimony, the monthly sum of $707.00 for the duration of 84 months., WhiGh shall be paid an monthly installments en eF befGFe the first of eaGh month. By way of example, if the Divorce Decree is entered on June 15, 2009, Husband's first alimonv pavment shall be due and pavable on June 15, 2009, and all succeeding payments shall be due and Payable on the 15"' clay of the month. The payments shall be made through and enforceable by the Cumberland County Domestic Relations Section of the Court. This alimony shall be non-modifiable in duration or amount, it being understood by the parties that they waive any right to modify the terms of the alimony in a court of law or equity. Notwithstanding the foregoing, the parties agFee the amount of Husband's alimony obligation shall be subject to upward or downward modification if, and only if, HusbaF;d or Wife either party becomes so physically or mentally disabled, that the disabled party besemes is entitled to receive social security disability payments as a result thereof, and is no leRgeF able to mainta*R has or heF GuFFent. If you have any questions, please call me. Sincerely, /Lresa Barrett Male TBM/ Cc: Christine Thomas Via Fax - No Hard Copy to Follow P. 1 Communication Result Report ( Jun. 4. 2009 1:47PM) 2) ) THERESA BARRETT MALE. ESQ. Date/Time: Jun. 4. 2009 1:46PM File Page No. Mode Destination Pg(s) Result Not Sent ---------------------------------------------------------------------------------------------------- 7900 Memory TX 2345402 P. 3 OK --------------------------------------------------------------------------------------=------------- Reason for error E.1) Hang up or line fail E.2) Busy E.3) No answer E.4) No facsimile connection E.5) Exceeded max. E-mail size To: Darren ]. Holst, Esqulre F A X Fax number: 717-234-5402 From: Theresa Bernet! Male, Esquire Thermo Barret! Male, Eequlre Fax number: 717-233-6862 513 Mod% Semid Shan[ HarAahap. PA 17101-lose Date: 6/4/2009 717-233-3II0 Regarding: Thomas v. Thomas O#!t Phone number for follow-up: 717-233-3220 cornments: See RUA I ed letter. i Exhibit 3 06-09-'09 13:30 FROM-Hourett 7172345402 T-132 P002/004 F-641 LA%v Cwpicus op HOWETT, KISSINGER & ROLST, P .C. 130 WALNUT STREET POST OFFICE BOX 810 HARILISUURC, PHNNSYLVAMA 17108 JOHN C. HOWETT, 7R. DONALD T. KISSINGEk DARREN J. HOLST REBECCA McCLINCY DARR DEBRA M.SHIMP Legal Assistant June 9, 2009 VIA PAX & MAIL (717) 233-6862 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thom Dear Theresa: (717) 234-2616 FAX (717) 234-5403 JUN 0 9 2099 Thank you for your letter of June 4'. I have reviewed your letter and have spoken to Ralph regarding your proposed additions or clarifications. I was not aware of any terms discussed on May 19th that were omitted from my draft. Moreover, my client and I cannot agree to all of your requested additions. 1 respond to the numbered points as follows: 1. I will modify the agreement so Ralph retains the Members First 49484 account as his sole and separate property. 2. 1 will make your requested changes. Moreover, inasmuch as Christine will be waiving any and all claim to the 49484 account, the revised language will be reciprocal in nature so that Christine is also obligated to go to Members First and sign and any all documents necessary to remove her name from the 49484 account and the credit card tied to that account. Ralph is responsible for the approximate $2,400.00 balance on that card as it is a debt associated with R.K. Thomas. 3, As to the debt referenced in your letter, Ralph checked and the debt Christine acknowledges is her responsibility does have the real estate as collateral. The other debt mentioned in your letter, however, is not secured by the property. The agreement can be revised to allocate the debt per your letter. 06-09-'09 13:30 FROM-Howett 7172345402 T-132 P003/004 F-641 Theresa B. Male, Esquire rune 9, 2009 Page Two 4, 1 am at a loss as to why Christine has "no confidence" that Ralph will repay the $6,000.00 in interest payments to which he has agreed. Since separation Ralph has assiduously made support payments, and he has endeavored to ensure Christine has been provided for notwithstanding their separation. As if such commitment is not enough, the threat of breach of contract (and the sanctions that flow therefrom) further act to dissuade any thoughts of not following through with his contractual obligation. Nevertheless, as Christine initially made the request for security, Ralph will agree to this point, and you may take the steps to prepare the necessary mortgage and promissory note for execution. 5. With all due respect, your proposed change to paragraph 56) attempts to alter the original terms of your proposal and our acceptance thereto. As such, I cannot agree to your language. No conditions were placed upon the payment of the $30,000.00 in your original settlement proposal that Ralph accepted. There was no drop dead date in your proposal; rather, the proposal was Christine would receive $30,000.00 when Ralph successfully refinanced the business real estate, and Ralph agreed to that. There is no agreement that the payment absolutely be made by March 15, 2010, Moreover, after the initial draft was forwarded for your review, and you provided your comments thereto, there was no mention of requested security on this payment. In fact there is no need for security as the payment will be made contemporaneously with the refinancing of the business real estate. Ralph will agree that interest at the rate of 4% begins to accrue after 60 days if he has not successfully refinanced the business real estate by that time, He does not agree to the execution of a mortgage and a note nor does he agree to the drop dead date. 6. While I understand your request for the revised language, I cannot agree that the alimony begins on the date the divorce decree is entered with the first full payment to be made. As the spousal support is intended to go until that date, if your proposed language was adopted, the result would be that Christine would receive a double benefit for the month in which the decree is entered. She would get the full monthly alimony payment and a portion of the spousal order. She would receive in total more than the current support order. Instead, Ralph will agree that the full monthly amount of spousal support will be paid through the month in which the divorce decree is entered with the alimony beginning the first day of the month after the decree is entered. Furthermore, he will agree the payments be made through and enforceable by the Cumberland County Domestic Relations office. Finally, I fail to see how your proposed changes to the tail end of paragraph 6 is in anyway different from the existing language. The existing language already provides the obligation can be subject to upward or downward modification if husband or wife becomes physically or mentally disabled such that he or she is entitled to receive social security disability payments. If such payments are made, it is without question that neither party would be able to maintain his or her current level of employment. 06-09-'09 13;30 FROM-Hor4ett 7172345402 T-132 P004/004 F-641 Theresa B. Male, Esquire June 9, 2009 Page Three For the most part, Ralph is willing to make your requested changes save for paragraph 5 of your June 4" letter. If Christine continues to insist on such language, T have no choice but to request the matter be rescheduled for hearing before the divorce master. Understand that, if that occurs, Christine will more than likely receive significantly less in the way of overall property distribution and what Ralph has agreed to. Per the original agreement, Christine will receive her $30,000.00 as soon as Ralph successfully refinances the business real estate, and if he is unsuccessful in that endeavor after 60 days, interest will accrue as Ralph agrees it is appropriate for Christine to receive interest if the payment is not made by that time. Sincerely, Darren J. Holst DSWdjk cc: Ralph K. Thomas (w/encl) PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service via hand-delivery addressed as follows: E. Robert Elicker, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Divorce Master Service by first-class mail addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: September 4, 2009 RLED-OFFiCr. aF THE P^u-'f Hf", 41TARY 2009 SEP -4 AM 9: 4 4 PENN SYLANIA. CHRISTINE THOMAS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RALPH KYLE THOMAS, DEFENDANT NO. 06-2939 CIVIL ORDER OF COURT AND NOW, this 14th day of September, 2009, upon consideration of the Plaintiff's Petition to Enforce Agreement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 5, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Theresa Barrett Male, Esquire Attorney for Plaintiff Darren Hoist, Esquire Attorney for Defendant bas c6pt-" MWLIC 9/i4/199 ?-?/Y) ALED-Ot iCE OF Tc 'CN.?OTAPY 2009 S£P 14 PM 3: G 0 ;y pr 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff NO. 06-2939 CIVIL TERM V. RALPH KYLE THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S PETITION TO ENFORCE AGREEMENT AND NOW, comes Defendant, Ralph Kyle Thomas, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Answer and New Matter to Plaintiff's Petition to Enforce Agreement and in support thereof states as follows: 1. Admitted. Hereafter Plaintiff is referred to as "Wife." 2. Denied. According to the docket entries, Wife's current counsel filed Wife's petition raising economic claims, Wife's inventory and income and expense statement, and Wife's motion for appointment of divorce master on June 17, 2008, not February 21, 2008. To the extent Wife's current counsel entered her appearance prior to June 17, 2008, Defendant (hereafter "Husband") is without independent information to provide a response. 3. Admitted in part; denied in part. Husband admits this Court appointed E. Robert Elicker, II, Esquire Divorce Master based upon Wife's filing her motion for appointment of master, but Husband denies the Court's order is dated June 16, 2008, particularly since Wife did not file her motion for appointment of divorce master until June 17, 2008. 4. Admitted in part; denied in part. Husband admits that, following a pre- trial conference with the master, the parties continued to engage in settlement discussions and it appeared they ultimately reached an agreement resolving the economic issues between them. However, Husband denies the agreement that Wife's counsel has advanced constitutes the settlement agreement agreed upon by the parties in May of 2009. By way of further response, from the outset of this case the parties have debated repayment of business debt that Wife alleges is owed by Husband's business, R.K. Thomas, Inc., a subchapter S corporation (hereinafter "R.K. Thomas"), to Wife's business, Infinity Beads, Inc., also a subchapter S corporation (hereinafter "Infinity Beads"). The following chronology is material to this issue. On July 21, 2008, after reviewing the Infinity Beads tax return, and noting that Infinity Beads carried roughly $40,000 of business debt on Schedule L of its 2007 return and also listed as a corporate asset a $30,000 debt owed to it by R.K. Thomas, Husband's counsel wrote Wife's counsel a letter requesting Wife provide all documentation maintained by Infinity Beads regarding this debt; on August 11, 2008, Husband's counsel wrote another letter to Wife's counsel again requesting documentation from Wife insomuch as Husband had no record of such a debt being owed. Copies of Husband's counsel's letters of July 21, 2008 and August 11, 2008 are attached hereto collectively as Exhibit "A" and they are incorporated herein by reference thereto. Thereafter, on October 13, 2008, the parties conducted a four-party settlement conference but were unable to reach a resolution. The primary impediment to settlement continued to be Wife's insistence that Husband "pay her" for the alleged business debt 2 owed by R.K. Thomas to Infinity Beads, which Infinity Beads carried as a corporate debt on its balance sheet and as a corresponding asset, an accounts receivable owed by R.K. Thomas. On November 5, 2008, Husband's counsel wrote a letter to Wife's counsel confirming that Wife was seeking payment of approximately $17,000, the then approximate outstanding amount of this disputed debt, plus interest she had paid thereon for a total reimbursement of approximately $21,000. A copy of Husband's counsel's letter of November 5, 2008 is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. On December 5, 2008, Wife's counsel responded to Husband's counsel's letter of November 5, 2008 and provided Wife's settlement position. Within said letter, Wife specifically requested that R.K. Thomas pay Infinity Beads $20,000 plus all interest payments Infinity Beads had paid thereon, which, as of September 16, 2008, totaled $3,513. Wife continued to insist that, as part of settlement, Husband or R.K. Thomas pay Infinity Beads this alleged business debt. A copy of Wife's counsel's letter of December 5, 2008 is attached hereto as Exhibit "C" and is incorporated herein by reference thereto. On February 19, 2009, Husband's counsel wrote Wife's counsel a letter following a settlement conference with the master. Again, Husband's counsel's letter reiterated that the primary issue in dispute centered on the alleged business debt. Nevertheless, as part of settlement, Husband offered to have him and R.K. Thomas pay back to Infinity Beads $23,000 (the entire amount alleged to be owed including interest) over forty-eight (48) months at four percent (4%) interest. A copy of Husband's counsel's letter of February 19, 2009 is attached hereto as Exhibit "D" and is incorporated herein by reference thereto. On April 21, 2009, Wife's counsel wrote Husband's counsel a letter conveying Wife's settlement counter-position. Specifically, Wife's counter-settlement offered to have each party retain their respective businesses and be responsible for any and all liabilities associated therewith and that R.K. Thomas would "reimburse" Infinity Beads $6,000 in interest payments Infinity Beads had made on the disputed business debt, which was to be paid at the rate of $265 per month for twenty-four (24) months and included interest at four percent (4%). The letter went on to state: "Other than this payment, there will not be any other payments owed between the corporations." A copy of Wife's counsel's letter of April 21, 2009 is attached hereto as Exhibit "E" and is incorporated herein by reference thereto. On May 7, 2009, in response to Wife's counsel's letter of April 21, 2009, Husband's counsel forwarded Husband's response thereto. Specifically, Husband agreed each party would retain their respective businesses and be responsible for any liabilities associated therewith. Additionally, and notwithstanding the fact that each business would be solely responsible for their own business debts, Husband agreed that R.K. Thomas would reimburse Infinity Beads $6,000 "representing interest payments made by Infinity, which will be paid at the rate of $265 per month for 24 months and which includes and interest rate of 4%. This payment will be in full satisfaction of any claims either company may have against the other." A copy of Husband's counsel's letter of May 7, 2009 is attached hereto as Exhibit "F" and is incorporated herein by reference thereto. Thereafter, Husband's counsel took the steps to draft a Marital Settlement Agreement in light of the perceived settlement. On May 12, 2009, Husband's counsel forwarded Wife's counsel a copy of the draft agreement along with a cover letter. Said cover letter, in 4 paragraph 6 thereof, specifically stated as follows: "While each party will keep their respective business, there is language calling for [Husband] and R.K. Thomas to pay [Wife] and Infinity Beads the sum of $6,000 paid over 24 months with 4% interest." A copy of Husband's counsel's letter of May 12, 2009 is attached hereto as Exhibit "G" and is incorporated herein by reference thereto. As Husband's counsel had stated in his May 7, 2009 correspondence, this payment was in full satisfaction of any and all monies alleged to be owed between the respective businesses. 5. Admitted. By way of further response, as set forth in number 4 above, the settlement reached between the parties in May was premised upon Wife and Infinity Beads maintaining its business debt (including the disputed business debt) and that all Husband and R.K. Thomas would pay was the sum of $6,000 over a two-year period. As additional clarification, when Wife filed her Pre-Trial Statement on or about September 11, 2008, Wife identified as marital liabilities the two $10,000 Members First "loan advances" which constitute the disputed Infinity Beads business debt. As part of Wife's proposed resolution, Wife sought to have Husband or R.K. Thomas repay the Infinity Beads loan advances plus reimburse Wife and Infinity Beads the interest payments made by her company. A copy of Wife's Pre-Trial Statement is attached hereto as Exhibit "H" and is incorporated herein by reference thereto. At the February, 2009 settlement conference before the divorce master, Wife's counsel submitted a chart identifying her position regarding the marital assets and liabilities. With respect to Infinity Beads, Wife placed a gross value on the corporate of $71,338. However, Wife subtracted various liabilities therefrom, including the two Members First loan advances, to arrive at a net value of $9,364.76. For purposes of settlement, and in negotiating the perceived settlement in May, 2009, this net value was utilized for Infinity Beads, thereby 5 including the disputed business debt as a liability of Infinity Beads that reduced its marital value. A copy of Wife's counsel's asset chart is attached hereto as Exhibit "I" and is incorporated herein by reference thereto. 6. Admitted in part; denied in part. Husband admits Wife signed the version of the Marital Settlement Agreement prepared by her counsel, as indicated in Exhibit "1" of Wife's petition, but Husband denies said agreement constitutes the agreement of the parties with respect to the business debt maintained by Wife's business, Infinity Beads. As Husband has stated above, the disputed business debt was incorporated into the value of Infinity Beads for divorce purposes, and the settlement negotiated between the parties in May of 2009 was premised upon Infinity Beads being solely responsible for said debt with Husband and/or R.K. Thomas repaying only the sum of $6,000 thereon in full satisfaction of all claims. 7. Admitted in part; denied in part. Husband admits Wife's counsel hand delivered on August 14`h copies of Wife's executed affidavit of consent and waiver of notice and four settlement agreements that were signed by Wife and her counsel on August 10`h. Husband denies the settlement agreement signed by Wife and forwarded by her counsel represent the agreement reached in May with respect to business debt maintained by Infinity Beads. In fact, the version of the agreement forwarded by Wife's counsel attempted to have R.K. Thomas be responsible for repayment of the Infinity Beads debt (the "loan advances"), which was not the agreement reached in May of 2009. By way of further response, some history on the Infinity Beads business debt is necessary. When Infinity Beads began, Wife began the business under the auspice of R.K. Thomas, and until 2006 when Wife incorporated her business, Infinity Beads operated 6 under R.K. Thomas. Therefore, the Members First bank account utilized by Infinity Beads was entitled (and remains entitled) as "R.K. Thomas, Inc. d/b/a Infinity Beads." Notwithstanding, this business account is used solely by Wife and Infinity Beads, and it is this account from which the two loan advances were taken. A copy of Wife's Infinity Beads business account statement dated February, 2007, is attached hereto as Exhibit "J" and is incorporated herein by reference thereto. Said statement unequivocally identifies a business interest only loan in the name of Infinity Beads that had a then balance of $19,000. Said account is not used by Husband or R.K. Thomas nor has it ever been utilized by Husband or R.K. Thomas. This debt is the "loan advances" in dispute. 8. Admitted in part; denied in part. Husband admits that, on September 1, 2008, his counsel left a message for Wife's counsel indicating Husband was meeting with his attorney on September 2, 2008 at 1:30 p.m. to review and execute the documents and that counsel believed the documents would be mailed out by Thursday. However, Husband denies that, upon meeting with his attorney, the agreement forwarded by Wife's counsel constituted the agreement reached in May of 2009. Husband realized this while reviewing the agreement with his counsel. In particular, Wife's counsel's version of the agreement sought to have Husband be responsible for the Infinity Bead debt in addition to having Husband and R.K. Thomas pay Infinity Beads the agreed upon $6,000. As this did not represent the settlement to which Husband agreed, he refused to sign the documents given the clear lack of a meeting of the minds. 7 9. Denied. Husband is without independent information to verify what Wife's counsel may have directed her paralegal to do. Therefore, to the extent a response is required, it is denied. Husband acknowledges Wife's counsel's paralegal contacted his counsel indicating she would pick up documents after execution. 10. Denied. Husband denies the disputed debt is a corporate debt of R.K. Thomas. As stated above, the debt that Wife seeks Husband to assume is in the name of Infinity Beads, and it is the very business debt that has been at the center of dispute since the outset of this case. This debt was already incorporated into the net value of Wife's business for divorce settlement purposes, which formed the basis of the May, 2009 settlement. Wife is attempting to essentially take a "double dip" by utilizing the debt to reduce the value of her business (in order to seek a greater portion of other marital assets) but then assert it is a debt of R.K. Thomas for which Husband should be responsible. Nonetheless, what is clear is that the settlement reached early this year was premised upon Infinity Beads assuming this disputed debt with Husband and R.K. Thomas paying back solely the sum of $6,000. 11. Admitted in part; denied in part. Husband admits his attorney forwarded correspondence on June 4, 2008 stating what Wife has raised in her petition. However, Husband denies, as set forth above, that settlement was premised upon him assuming this particular debt insomuch as it is a debt of Infinity Beads. Husband erroneously believed the debt that was referenced by Wife's counsel in previous correspondence was a legitimate debt of R.K. Thomas (R.K. Thomas does carry significant corporate debt). He did not initially realize that the debt that Wife's counsel identified and sought to allocate was the disputed Infinity Beads business debt. He only realized this when he met with his attorney on September 2". The settlement reached in 8 May was premised upon Infinity Beads assuming this debt with R.K. Thomas paying back solely the sum of $6,000. The string of correspondence cited by Husband above, and attached as exhibits hereto, establish that the settlement was not for R.K. Thomas to pay this disputed debt. 12. Admitted in part; denied in part. Husband admits his attorney has authority to enter into agreements on Husband's behalf. However, Husband denies that the settlement reached was premised upon either him or his business assuming this particular debt, which is a debt in the name of Infinity Beads. In fact, the settlement was premised upon each company being responsible for their own liabilities and that, in satisfaction of the alleged debt owed between the two companies, Husband and R.K. Thomas would pay back the sum of $6,000 over a two-year period. This is crystal clear. To the extent Wife disagrees, Husband submits there was no meeting of the minds. 13. Denied. Said paragraph constitutes a recitation of law to which no response is required. However, to the extent a response is necessary, Husband denies that there was any modification of the original agreement that had Infinity Beads paying this disputed debt with R.K. Thomas paying back solely the sum of $6,000. The law does state that there is no contract if there is no meeting of the minds. 14. Admitted. By way of further response, Wife's counsel informed the divorce master for the need to set a trial date insomuch as the parties clearly did not have a meeting of the minds with respect to the Infinity Beads debt. In light of the absence of a meeting of the minds, there was no agreement. The fact that Wife's counsel requested that this matter be returned to the divorce master clearly establishes no meeting of the minds existed. Therefore, 9 Husband submits Wife's instant petition is baseless and grounded in bad faith, to which Husband is entitled to receive counsel fees under §2503(7) of the Judicial Code. 15. Admitted. By way of further response, at the September 10, 2009 conference with the master, Husband's counsel set forth the time line and the factual background as set forth hereinabove. All of this demonstrates there is no meeting of the minds insomuch as Husband was willing to settle the case with Infinity Beads assuming the disputed debt with R.K. Thomas paying solely the sum of $6,000 whereas Wife, who nonetheless included this disputed debt as a liability of her business, thereby reducing the net value for divorce purposes, and notwithstanding the clear language of counsel's correspondence in April and May of 2009, demonstrating that in full satisfaction of the disputed business debt R.K. Thomas would pay the sum of $6,000, seeks to settle the case with Husband and R.K. Thomas assuming this disputed debt. As this was not the agreement reached by the parties in May of 2009, Husband's counsel advised the divorce master that a hearing would be necessary. 16. Denied. Husband is without independent information to verify whether Wife has incurred "substantial" legal fees in this action; therefore, to the extent a response is required, it is denied. Nonetheless, Husband denies Wife has incurred legal fees as a result of Husband's conduct. In fact, if Wife has incurred excessive legal fees, it is because she has filed this instant petition that lacks any foundation in light of the unequivocal fact that the settlement reached in May was premised upon Infinity Beads assuming this debt. In fact, Husband has incurred significant legal fees in having to respond to this petition and resume the litigation notwithstanding his belief that a settlement had been reached earlier this year. 10 17. Denied. Husband denies he has created any type of situation where Wife has incurred unnecessary or unwarranted legal fees. The settlement reached in May was premised upon Infinity Beads assuming the disputed debt. Wife is now attempting to seek a double benefit at this time by not only including the disputed debt to reduce the value of her business for divorce purposes (the value which was utilized by the parties for negotiating the settlement this past May) but also having Husband be responsible for this debt, notwithstanding the exchange of correspondence that occurred in April and May of this year. It is Wife's own actions that have resulted in her incurring greater legal fees. Husband submits Wife's actions at this time justify an award of counsel fees on his behalf given his need to respond to the instant petition. 18. Neither admitted nor denied as said paragraph constitutes a procedural paragraph containing no factual averment relative to the case. 19. Admitted. NEW MATTER - REQUEST FOR COUNSEL FEES 20. The prior paragraphs of Husband's Answer are incorporated herein by reference thereto as if set forth at length. 21. From the outset of this case, Wife has considered the business debt now in dispute as a debt of Infinity Beads. 22. In fact, Infinity Beads carries this debt on its tax return as a liability while at the same time carrying the item as an asset, a debt owed by R.K. Thomas to Infinity Beads. 11 23. In filing her Pre-Trial Statement with this Court, Wife identified the disputed debt as a marital liability and specifically sought to have Husband and/or R.K. Thomas pay the debt to Wife and/or Infinity Beads. 24. For purposes of trial and for settlement, Wife has counted the disputed debt as a business liability, thereby reducing the value of her business for divorce purposes. The net value of $9,364.76, has been utilized by the parties thus far for settlement purposes; the only way you arrive at this value is by including the disputed debt as a business liability. 25. As evidenced by the exchange of correspondence set forth as Exhibits "A" through "G" hereinabove, the disputed issue from the outset was this business debt but, nonetheless, the settlement reached in May was premised upon Infinity Beads assuming this liability with Husband and/or R.K. Thomas paying back solely the sum of $6,000. 26. Notwithstanding the settlement, in exchanging drafts of the agreement, Wife attempted to change the substance of their agreement by insisting that Husband assume this disputed business debt of Infinity Beads, a debt Wife has heretofore counted as a liability against her business. 27. Notwithstanding the clear lack of an agreement, given the lack of a meeting of the minds, Wife has attempted to push execution of her revised settlement and has gone so far as to file a petition to enforce her version of the agreement, which is not the settlement reached earlier this year. 28. Wife has already asked that the master resume litigation and, in fact, the master scheduled a status conference on September 10, 2009. 12 29. Although the lack of an agreement is unequivocal, Wife has filed a petition for enforcement, which, by necessity, has forced Husband to file the instant answer thereto. 30. Husband has incurred counsel fees in having to defend against Wife's petition despite the fact that the background facts establish that the now disputed debt was agreed to be assumed by Infinity Beads. 31. Husband believes, and therefore avers, Wife's act of filing the instant petition, which has no basis or foundation, constitutes vexatious behavior entitling Husband to an award of counsel fees under §2503(7) of the Judicial Code. 32. Husband has incurred significant counsel fees as a result of Wife's action. WHEREFORE, Defendant respectfully requests this Honorable Court enter an order denying Plaintiff's petition and granting Defendant's new matter in the form of an award of counsel fees incurred in connection with this matter. Respectfully submitted, Date: /v Irk Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ralph Kyle Thomas 13 VERIFICATION I, Darren J. Holst, Esquire, hereby swear and affirm that the facts contained in Defendant's Answer and New Matter to Plaintiff's Petition to Enforce Agreement are true and correct to the best of my knowledge, information, and belief based upon information provided by Defendant and from my own first-hand knowledge and that said facts are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 4-4,/{ T Darren J. olst, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, ) Plaintiff ) NO. 06-2939 CIVIL TERM V. ) RALPH KYLE THOMAS, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Ralph Kyle Thomas, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer and New Matter to Plaintiff's Petition to Enforce Agreement was served upon Theresa B. Male, Esquire, counsel for Christine Thomas, Plaintiff, via hand delivery on October 5, 2009. Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Date: ?? ?f U l 7: / - J/ lT? Darren J. Ho st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Ralph Kyle Thomas JOHN C. HOWETT. JR. DONALD T. KISSLNGER DARREN J. HOLST REBECCA McCLINCY DARR DEBRA M. SHLMP Legal Assistant July 21, 2008 VIA FAX & MAIL (717) 233-6862 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thomas Dear Theresa: (717) 234-2616 PAX (717) 234-5402 Schedule L of Christine's Corporate return for Infinity Beads lists a $30,000.00 debt owed to the corporation from R K Thomas, Inc. While I have asked my client to forward any and all documentation maintained by R K Thomas, Inc. as to this debt, please have your client forward to me all documentation maintained by Infinity Beads regarding this debt. I do thank you in advance for your client's prompt attention to this request. Sincerely, Darren J. Holst LAw OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 8 10 HAARISBLIG, PENNSYLVANIA 17108 DJH/djk cc: Ralph K. Thomas LAW OFFICES OF riOWETT, KISSINGER & HOIST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA McCLINCY DARR DEBRA M. SHINIP Legal Assistant August 11, 2008 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thomas Dear Theresa: (717) 234-2616 FAX (717) 234-5402 Enclosed herein please find copies of Mr. Thomas' 2007 individual return along with the 2007 return for R.K. Thomas, Inc. Please let me know if you require any additional documentation. I again want to thank you for forwarding documents under your cover letter of July 15`'. However, I also had previously requested that your client forward documentation concerning the current inventory held by her corporation. I still await that information. Also, by letter dated July 21St, I asked that your client forward documentation concerning the $30,000.00 debt that Infinity Beads lists as being owed by R.K. Thomas, Inc. Ralph has searched his records, but as of now he can find no documentation concerning such a debt. I thank you for forwarding these documents to my attention at your earliest convenience. Sincerely, l Darren J. Holst DJH/glg Enclosure cc: Ralph K. Thomas (w/out encl.) LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. ' 130 WALNUT STREET POST OFFICE BOX 810 JOHN C. HOWETT, JR. HARRISBURG, PENNSYLVANIA 17108 DONALD T. KISSINGER DARREN J. HOLST REBECCA McCLINCY DARR DEBRA M. SHIMP Legal Assistant November 5, 2008 VIA FAX & MAIL (717) 233-6862 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thomas Dear Theresa: (717) 234-2616 FAX (717) 234-5402 Ralph and I are obviously disappointed at the parties' inability to reach a global resolution at the settlement conference on October 13". The conference ended with Ralph providing a counter-proposal to Christine's position. Given time constraints, we were unable to explore further potential settlement, and Christine did not provide a response to the proposal. I assume your silence constitutes a rejection of Ralph's proposal. As we approach the pretrial conference, and ultimately the master's hearing, Ralph remains committed to resolving issues amicably, if it is at all possible. It does seem, however, that Christine has a somewhat unrealistic expectation as to her entitlement from the marital estate. If she analyzed Ralph's offer closely, she would see the offer is consistent with what she likely stands to receive in a litigated resolution, without spending an additional $10,000.00 to $15,000.00 in attorneys' fees, which is not unrealistic if the case proceeds through exceptions to the trial court. This marital estate is not complex and is comprised of the following: 1. Marital Residence: The appraised value of this property is $196,200.00, and the present mortgage, as of September, was $120,808.00. Thus, the net value of this asset is $75,192.00. 2. Business Real Estate: While Ralph believes the current value of the property is less than the 2004 appraisal, for purposes of settlement Ralph has been willing to utilize the gross appraised value of $290,000.00 on this property. Factoring out the existing debt of $161,395.00 results in a net value of $128,605.00. Theresa B. Male, Esquire November 5, 2008 Page Two 3. R.K. Thomas. Inc.: Contrary to your position at the settlement conference, I respectfully disagree that the businesses are a "wash." I do believe we both agree the value of both businesses is the asset value without any additional goodwill. The 2007 corporate tax return lists asset value of $49,143.00 on Ralph's business. Factoring out the existing corporate debt of $30,000.00 results in a net business value of $19,143.00. 4. Infinity Beads: Christine represented, per the 2007 corporate return, that Infinity Beads has asset value of $71,338.00. Factoring out the existing debt of $40,000.00 (per Christine's representations at the settlement conference) results in net business value of $31,338.00. 5. Lexus Automobile: The current gross value of this automobile is $13,200.00, and factoring out the existing debt of $10,231.00 results in a net value of $2,969.00. 6. Ford Explorer: As a result of R.K. Thomas paying the encumbrance on this vehicle for Christine's benefit, the vehicle is presently free and clear. For purposes of settlement, I will consider this vehicle valued at $8,165.00 even though you and your client utilized a value of between $10,000.00 and $12,000.00 for settlement purposes. 7. Whole Life Insurance: The present cash value on this policy is $18,850.00. 8. Personalty and Furnishings: Even though Ralph took very little of the marital personalty and furnishings, leaving Christine with more than 80% thereof, for purposes of settlement Ralph is willing to consider the personalty as a wash with no value assigned. Frankly, I think it is safe to say Christine will be walking away with at least $6,500.00 in value in the personalty and furnishings maintained. Adding up those assets (exclusive of personalty and furnishings) results in a net estate of $284,262.00. Neither party has any retirement benefits, and while their marriage was long, the difference in incomes is slight. Moreover, as Christine knows, marital misconduct is not considered in property division. Considering all the statutory factors, and placing significance on the parties' ages and their lack of retirement benefits, a litigated result will likely achieve Christine between 50% and 55% of the estate. If the master divided the estate equally, Christine would need to receive assets totaling $142,131.00; if it was a 55% distribution in her favor, she would need to receive to assets totaling $156,344.00. Christine has, or will receive, the marital residence, her business and the Explorer. These assets total $114,695.00. Thus, a 50150 split of the assets would require her to receive an additional $27,436.00; a 55% split in her favor would require her to receive an additional $41,649.00. Theresa B. Male, Esquire November 5, 2008 Page Three We all agree the "swing asset" is the business real estate, and Christine will receive cash therefrom as part of a refinancing by Ralph. Inasmuch as Christine will be receiving cash, I hardly believe the master will award any additional sums as and for counsel fees. Christine will have a ready source of cash available to pay any and all debts. Ralph offered Christine $50,000.00 in cash plus one-half of the cash value of the whole life policy, which is $9,425.00. Consequently, Ralph offered Christine total cash value of $59,425.00. Christine insists that Ralph "pay her" for the alleged debt owed by R.K. Thomas, h-ic. to Infinity Beads. Christine maintains $17,000.00 remains outstanding, and with the interest she has thus far paid, she has requested total reimbursement of $21,000.00. If you subtract $21,000.00 from the $59,425.00 offered, as we will consider that the reimbursement, Christine would be receiving $38,425.00 in additional asset values as and for equitable distribution. This means Christine will be receiving a total asset distribution of 53.8% and she would be receiving the corporate debt reimbursement she seeks. If you consider the personalty and furnishings in her possession, Christine receives 55% of the estate. The likelihood of Christine receiving a greater asset distribution in litigation is unlikely. If you consider as an offset the additional counsel fees she will expend in litigation, Christine will receive even less in net asset value if the master effectuates a 55%-45% equitable distribution in her favor. At the conference, Ralph indicated his willingness to have his children as beneficiaries on the whole life policy. As you know, the master will not consider such relief in litigation. Upon further reflection, how Ralph is no longer willing to be obligated to name the children as beneficiaries, and the therefore revokes that portion of his offer.- In addition to offering Christine 54% of the marital estate, and agreeing to reimburse her for the $21,000.00 corporate debt, Ralph further offered Christine seven years of alimony at the monthly amount of $650.00. The present spousal support order (exclusive of mortgage adjustment) is $800.00. The mortgage adjustment is not available post-divorce. Further, the practice of the master is to start at the court ordered spousal support level and reduce that figure in considering an alimony award. The monthly sum of $650.00 is appropriate under the circumstances. Further, a fixed seven year duration of alimony benefits your client. Given the age of the parties, even if the master awards indefinite alimony in litigation, and given the circumstances in this case he may not, Ralph could retire well within seven years, and under Pennsylvania law his voluntary retirement would be a basis to terminate the indefinite alimony award. Ralph's offer affords Christine a certain alimony duration. Ralph renews his willingness to offer Christine seven years of alimony at $650.00 per month. He further remains willing to have the alimony start January 1, 2009 with the interim spousal order continuing to the end of this year. Theresa B. Male, Esquire November 5, 2008 Page Four If Christine looks closely at Ralph's offer, she will see she is receiving a 55% division of the assets; she is receiving her requested debt reimbursement; and she is receiving a guaranteed duration of alimony at an amount consistent with that which the master likely would award. The alimony would terminate before expiration of seven years upon the death of either party or Christine's remarriage or cohabitation, which is consistent with Pennsylvania law. It does not make sense for the parties to spend an additional $15,000.00 in attorneys' fees over the next nine to ten months, which is the likely duration of the case through exceptions to the trial court. Please discuss this formal offer with Christine and get back to me in writing as soon.as possible. Sincerely, '?-- D( ---- Darren J. Holst DJH/glg cc: Ralph K. Thomas THERESA BARRETT MALE COUNSELOR AT LAW December 5, 2008 Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Re: Thomas V. Thomas Dear Darren: ANDREA HUDAK Dom ESQUIRE SUSAN C. APPLEBY, PARALEGAL sco0+bmesouire.com JONATHAN J. MALE, LEGAL ASSISTANT Set forth below are the terms on which my client will settle the financial issues. 1. Eauitable Distribution. Chris will retain the house, her car and the life insurance policy cash value. Additionally, ownership of the policy will be transferred to Chris. Ralph will retain the commercial real estate and his vehicle. Each party will have 60 days in which to refinance the joint mortgages to relieve the other from the obligation. Concurrently with settlement on his refinancing, Ralph will pay Chris $29,500. 2. Alimony. Ralph will pay Chris alimony of $800 per month. The alimony will be subject to review when either party reaches the age of 62 and begins collecting Social Security retirement income. This amount will cover the anticipated health insurance premium, which we are grossing up to cover the federal tax, and the life insurance premiums which will secure her alimony payments. 3. Counsel Fees. Costs and Expenses. Chris will waive this claim. 4. Corporate Debt. Not later than March 15, 2009, R.K. Thomas, Inc. will pay to infinity Beads $20,000 plus all of the interest payments which IB has paid since disbursing the funds. As of September 16, 2008, that sum totaled $3,513. 513 NORTH SECOND STREET, HARRISBURG, PENNSYLVANIA 17101.1058 uc?. 7- LVVV J. -t - ' 'i In! AL.Qn un,!%ni.I i irir, , L. vu. rVI I J Darren J. Holst, Esq. Page 2 December 5, 2008 These figures are based on the asset and liability schedule I submitted to the master and you at the pre-hearing conference. It also is consistent with Mr. Elicker's indication regarding the alimony award. If you have any questions, please call me. Sincerely, heresa Barrett Male TBM/ Cc: Christine Thomas Via Fax - No Hard Copy to Follow LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 3 to JOHN C. HOWETT, JR HARRISBURG, PENNSYLVANIA 17108 . DONALD T. KISSINGER DARREN J. HOLST REBECCA -IcCLINCY DARR (' i7) 234-2616 FAX (717) 234-5402 DEBRA M. SHIMP Leval Assistant February 19, 2009 VIA FAX & NIJIL (717) 233-6862 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thomas Dear Theresa: The other day Christine stopped by Ralph's business. In speaking to Ralph during that visit, she accused him of dragging this matter out unnecessarily. This, of course, perplexed Ralph. We were, unfortunately, unable to settle the case at the conference with Bob Elicker last week. However, Ralph went far and above in his efforts to settle the matter given his willingness to effectuate settlement premised upon the business real estate having a value of $250,000.00, $60,000.00 more than its appraised value, and utilizing the remaining asset values set forth on the spreadsheet you submitted at the initial conference with the divorce master in November. Ralph does not necessarily agree to the value of all those assets, particularly the value assigned to his business, inasmuch as it does not consider the $30,000.00 in credit card debt carried by the company, only the alleged debt to Infinity Beads (R.K. Thomas isn't carrying the Infinity Beads debt on its balance sheet). This additional debt would, technically, result in the business having a negative value. Right now such an assessment is accurate when it comes to the current state of R.K. Thomas. We came very close to settling the matter last week; we had an agreement as to the overall property division, and we were virtually together on the alimony issue (we were in agreement that the total alimony payments would be $90,000.00, it was just a question of whether that would be paid out over a period of ten years, eight years or somewhere in between). It is clear this minor difference is easily surmountable. Thus, had a settlement been reached, Christine would have received a total of $30,000.00 in asset transfers, including approximately $12,000.00 in cash. As it currently stands, she will receive no additional assets from Ralph if the Theresa B. Male, Esquire February 19, 2009 Page Two court finds the business real estate has a value of $190,000.00. The assets in Christine's possession would already give her slightly more than 55% of the estate. The only issue in dispute centers on the alleged business debt. As I previously advised, Ralph does not necessarily agree the entire $17,000.00, plus interest, constitutes a legitimate business debt owed by R.K. Thomas. Nevertheless, he has been more than willing to agree that R.K. Thomas would pay back the full amount of the alleged debt (approximately $23,000.00) in order to settle this case; however, he made it clear his company is unable to pay that off in a lump sum. Therefore, he remains willing to have R.K. Thomas pay back the $23,000.00 over forty- eight months with 4% interest. Christine insisted the debt be paid in the lump sum even though there is.absolutely no money from which such a lump sum can be paid. Ralph cannot provide that which does not exist. Both businesses have been hit extremely hard by the current economy, and I expect both businesses will have continued sharp declines in 2009. I understand Christine desires to receive lump sum cash so she can walls away debt free. Ralph would certainly love that as well. The reality is that such an event is not possible. Ralph remains more than willing to settle matters with the business debt being paid over time. He is not dragging his feet. Ralph continues to suffer just as much as Christine each day this case remains unresolved. He continues to accrue additional debts. At least Christine has equity in the home she can access to pay down her debts. There should be more than enough home equity to pay off her current debts entirely. Both parties have expended more than $10,000.00 in counsel fees to date. Trial before the divorce master, submission of briefs and the filing of exceptions to the court will easily add another $10,000.00 to $12,000.00 in counsel fees for both parties. At the end of the day, there is not enough immediately available cash to satisfy the existing debts of the parties. There most certainly will not be enough cash available to satisfy the increased debt load. The parties' downward debt spiral will simply continue, and its severity will only increase. If Christine is willing to reconsider her position on the corporate debt repayment, this case will settle. Sincerely, Darren J. Holst DJH/glg cc: Ralph K. Thomas HIV I. LI. LV`// L.)LI IVI IIIL I\'- Vr U /l I`, I\LI I IV In'?I-, -JW. ?__ r THERESA BARRETT MALE COUNSELOR AT LAW April 21, 2009 Darren J. Holst, Esquire Howett, Kissinger 8L Hoist, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Re: Thomas v. Thomas Dear Darren: ANDREA HUDAK DUFFY, ESQUIRE SUSAN C. APPLEBY, PARALEGAL 5C04to/raftsclu"ro.com JONATHAN J. MALE, LEGAL ASSISTANT For settlement purposes only, Chris is willing to resolve the divorce issues as follows: 1. Concurrently with Ralph's refinancing of the joint mortgage on 671 N. Hanover, or earlier if required by the lender, Chris will execute the deed transferring her interest in the property to Ralph. At that time, Ralph will pay Chris $30,000. 2. Concurrently with Chris's refinancing of the joint mortgage on Fairview, or earlier if required by the lender, Ralph will execute the deed transferring his interest in the property to Chris. 3. Ralph will sign a power of attorney allowing Chris to transfer the certificate of title on her car into her name and to remove his name from all joint bank accounts. Once the car is in Chris' name, she will secure her own insurance. 4. Ralph will retain R.K. Thomas, Inc., its assets and its liabilities, for which he will indemnify and hold Chris harmless. 5. Chris will retain Infinity.Beads, Inc., its assets and its liabilities, for which she will indemnify and hold Ralph harmless. 6. R.K. Thomas will reimburse Infinity Beads the $6,000 in interest payments made by Infinity. This will be paid over at the rate of $265.00 per month for 24 months, which includes interest of 4%. Other than this payment, there will not be any other payments owed between the corporations. 7, Chris will receive $10,000 from the cash value of the whole life insurance policy in Ralph's name. We will have to implement some means of ensuring, however, that he does not receive this money from the company and fail to pay Chris. 513 NORTH SECOND STREET, HARRISBURG, PENNSYLVANIA 17101-1056 r'r L . L'1 'J, L JL -,T Darren J. Hoist, Esq. Page 2 April 21, 2009 8. Ralph will pay alimony in the amount of $707.00 per month, for a period of 7 years (84 months). The first payment will be due on the first month following entry of the divorce decree. Ralph will pay the current support amount in full for the month in which the decree is entered. 9. Ralph will maintain Chris' health insurance until she secures her own coverage, which she anticipates can be accomplished within 30 days of the parties' execution of the settlement agreement. 10. We will finalize the divorce as soon as Chris confirms her health insurance coverage is in place. I urge your client to accept these terms and finalize the economic issues promptly. Please advise whether you want to prepare the settlement agreement or if you prefer that I do so. Sincerely, heresa Barrett Male TBM/ Cc: Christine Thomas 'lC?=JN pHi?1C I I IVIH?C, Cvl?', Via Fax - No Hard Copy to Follow LAW OFFICES OF HDWETT, KISSINGER & HOLST, P.C. JOHN C. HOWETT. JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA MCCLINCY DARR DEBRA M. SHIMP Leal Assistant May 7, 2009 VIA FAX & MAIL (717) 233-6862 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thomas Dear Theresa: (717) 234-2616 FAY (717) 234-5402 I write as a follow-up to the detailed message I left with Suzy this morning after meeting with Ralph regarding your April 21" settlement proposal. It appears we have an agreement and settlement on all issues, and I respond to your numbered points as follows: l... Ralph agrees to refinance the joint mortgage on the business real estate and, at the time of refinancing, will pay Chris $30,000.00. Pending the refinancing, the executed new deed can remain in escrow at your office, and you can release the deed directly to the settlement officer at the time of settlement on the refinancing. 2. ' Chris will refinance the joint mortgage on the marital residence to remove Ralph's name from liability thereon. Ralph will execute a deed, which deed will be held in escrow by me pending the refinancing on the mortgage. 3. Ralph will sign a power of attorney allowing Chris to transfer title of her vehicle to her name and remove his name from any joint bank accounts. You can take the steps to prepare the necessary power for my client's execution. 130 WALNUTS"IREET POST OFFICE BOX 310 HARRISBURG, PENUSVLV.ANIA 17108 4. Each party will retain their respective businesses and be responsible for any liabilities. Theresa B. vlale, Esquire May 7, 2009 Page Two 5. Notwithstanding the above, R.K. Thomas will reimburse Infinity Beads $6,000.00, representing the interest payments made by Infinity, which will be paid at the rate of $265.00 per month for 24 months and which includes an interest rate of 4%. This payment will be in full satisfaction of any claims either company may have against the other. 6. Chris will receive $10,000.00 from the cash value of the existing whole life policy (it was not cashed in). Ralph has determined that the insurance company can send a check directly to Chris for $10,000.00. 7. Ralph will pay alimony in the amount of $707.00 per month for 84 months, which will begin following entry of the divorce decree. Interim support will continue to the date of the decree and will terminate absolutely at that point. 8. The divorce decree will be delayed until Chris secures her own health insurance coverage, but in no event more than 60 days from date of execution of the agreement. I am taking the steps to prepare the necessary settlement agreement, and I hope to have an approved draft faxed to your attention next week, either early to mid week. You and I can then contact the master, advise of settlement and cancel the scheduled master's hearing. Sincerely, <?---" ?- Darren J. Holst DJH/djk cc: Ralph K. Thomas ?? LAW "FFICES -IF NONVETT, KISSINGER & 1I01,ST, P.-C", 130 VVALNUI S',R2i -T POST OEF1CE BOX 3 W HARRMURC, PE_u,ui:'LVANIA 1708 JOHN C. H(_-)`,V T;. JR. DONALD T. 'QS51-NGER DARREN J.HOL ST k7 l'7) LIcCLiNCY DARK ;?) _34-'bib DEBRA Mt-%-\X l"'. 1') 234-5.102 Legal ASSiSLini May 12, 2009 [CIA FAX & ATAIL (717) 233-6862 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Re: Thomas v. Thomas Dear Theresa: Enclosed herein please find a draft Marital Settlement Agreement in the above-referenced matter. The draft is consistent with your settlement counterproposal and my response thereto. In reviewing the draft, please note the following: 1. Entry of the Divorce Decree will be delayed to allow Christine to obtain her own health insurance coverage. Nevertheless, the waiting period will not exceed sixty days from the date of execution of the Agreement. 2. Christine will take the steps to refinance the debt on the marital residence into her sole name. The parties will execute a deed at or around the time of execution of this Agreement, but the deed will be held in escrow by me until the refinancing is complete.. 3. Ralph will take the steps to refinance the debt on the business real estate into his sole name, and at the time of refinancing he will pay Christine the sum of $30,000.00 as and for equitable distribution. Again, the deed will be executed at or around the time of execution of this Agreement, but the deed will be held in escrow by your office until the refinancing is complete. 4. Each party will keep the motor vehicles in his or her respective possessions and will be responsible for all costs associated therewith. As I advised, Ralph has no objection to executing a Power of Attorney to allow Christine to endorse the title to the Ford Explorer on Ralph's behalf. However, it may be easier for the parties simply to go to PennDot together to transfer the title. Theresa B. Male, Esqui ° Nfav '12. 71 09 Pate i we 5. Northwestern Life has told Ralph it is able to do a direct transfer to Christine from the accumulated cash value of the life insurance policy. The company also advises that, because the transfer will be between spouses incident to divorce, there will be no tax consequences to either party. 6. While each party will keep their respective business, there is language calling for Ralph and R.K. Thomas to pay to Christine and Infinity Beads the sum of $6,000.00 paid over 24 months with 4% interest. 7. Alimony will begin the month following the entry of the divorce decree and will extend for the duration of 84 months. Customary termination factors are included, and the current interim support order will continue through entry of the decree, at which time Christine will take the steps to terminate that order absolutely. Please review the draft with Christine and get back to me as soon as possible. After your initial review, assuming no major modifications are necessary, I think it would be appropriate for you and I to contact the master's office and advise of the settlement. I am sure the master would greatly appreciate as much advanced notice as possible. Sincerely, Darren J. Holst DJH/glg Enclosure cc: Ralph K. Thomas (w/encl.) I_aw Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm antbmesguire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT CHRISTINE THOMAS v. RALPH KYLE THOMAS # 06-2939 Marriage Date 12102172 Place of marriage Ford City, Armstrong Count Separation Date 05/22/06 Number this marriage 1 Divorce Action Date Commenced 05/2.2/06 Claims raised Equitable distribution Date of Service 06108/06 Manner of Service Certified Mail, restricted delivery Wife's Petition raisin economic claims 06/17/08 Claims raised Alimony, counsel fees, costs & expenses Related Cases S ousal Support Thomas v. Thomas PACSES # 394110241 Order pending Parties Wife Husband Name Christine Thomas Ralph K. Thomas Address 329 Fairview St. 107 Winchester Gardens Carlisle, PA 17013 Carlisle, PA 17013 Age- 54 55 Date of Birth 09/26/53 06/25/53 Birthplace PA PA Social Security # xxx-xx-3631 xxx-xx-9129 Occupation Manager Salesman Employer Infinity Beads Infinite Possibilities R. K. Thomas, Inc. Better View Education High school High school Adult Children Name Age Sarah Beam 33 Nan McKeon 29 List of Assets - Marital Rule 1920.33 (b)(1) See attached spreadsheet. List of Assets - Non-Marital Rule 1920.33 (b)(1) Two (2) chairs purchased by Wife after separation. Increased value, if any, in Infinity Beads. Expert Witnesses Rule 1920.33 (b)(2) Wife reserves the right to call a forensic accountant to testify regarding the parties' incomes and the values of the businesses. She will supplement this before trial. Fact Witnesses Rule 1920.33 (b)(3) Wife Better View subcontractors (as yet unidentified). Wife intends to subpoena these individuals to testify about Husband's chronic failure to work full-time. Denise Wells. Wife intends to subpoena. Husband's paramour to testify about Husband's living circumstances, his contributions to her household, and his daily activities other than work. 2 CAI Q 03 I O (7 r- O O M ZI' - N T. -I . I I m a S m a c ro 3 m 3 m 3 m 3 = = m 3 m 3 o w O ? CO I _ N I - p N - I O p ,,: l N - Q m or m Q ro cT m 3 6 ro CT ro ' r -n `cam -i a 1 :E Z T) j n (n m w :3 0 n 0) 1 a 0) N N N O N N m x O C CO 0 O c ro ' 2 .? (] -* a 1 I <_ I a S -: - ; (n C )- m 3 L ? m ? Cm I, Co y m T/. y?? T1• uh ^, w x (n n -) I O N G I =3 D 7 = o o c° 3 =- ? o M ' fl I ? c o < i CD fl 0- 0 CD n) v N o 0 r 0 CD , ;K, CD 0 x m =3 Q NI O 9L " (! l n (°i C° D D CD (n CD v D ' =1 cn p° 1 O O C/) C)? D ? I v V << < m cfl cn m ? cn v N N > > o o r 90 90 o c? X f- N• m 1 7 ( (mu 0 w =3 v < N < Cf) < (D X x C) LD m -? Cn j) _ N (D O T., N N. D n (n N _ m v `. m I O m : x l # x' N fl o -u DI '-'I N ? N j CA J? i I 69 fA I I <fl Efl <9 <A <fl 1 <A <fl fA <fl <fl <fl 69 {y <fl <fl <fl b9 0 0 C C 7 N D W W N (PI N G O O N N W -? N O v w J? N O 0 W M O cn r O cn I I --4 W A -? O CO O cn -I N W O O O W w O ^? m r+ m Iv CPI 0 v O v A O O 1 O N! O I m p O O N I -? 0 W 0 O O O O Cn N -' A 0 0 ! 0 0 1 0 0 W O A co : N (A p O O 7 1 7 j cm 0 .4 W O O O O C) CD rn D CD O p co A O O O O co M (D O _ 1 -- -- 0 -4 C:) I o - ? I I w ID w D 0 D In D N D 0 N D of D N D N = Cn I t Cl) ? I m D cn D U) D (n O O O O O o (j c O O O o M. Q- ( O ( O I CD O 1 0 (O co -h O ?. O -h O -h O -n O -n O p ! ` p O O 0 m _ < CD o v m 3 I p ? N n =r (D 0 (D co CD CD O p m CO (o CO N < O N C3 COD i O O O I O O C) co = 0 COD O Q Q Q - 0) W m -? Q 0 w - 0 w ? 0 m 0 0 0 w - CD w C D = 0 W - 0 w 0 m p m (_ = j N o O A O ?J CA ? ! = O a (? p O (n ' v I "o a W O p O NI N I W j Cp 0 . CA) -0 I 0 (n U) CD - ro N z 0 (D ?i j I 0 I I N O i m (n j j CD CD C.) CD CL I ": m a ; I I j I i I I 1 I I I i m ? " 1 I I I I 'I I I ! I I I I I I I I i I I ! . I D CD r < m? Cn _ ?0 mD cn List of Exhibits Rule 1920.33 (b)(4) Exhibit Marked Description 20071040 1 Wife 20071120S 2 Infinity Beads 20071040 3 Husband 20071120S 4 RKT, Inc. 2006 1040 5 Joint return 2006 K-1 6 _ Wife Klin ler & Associates letter 7 08/27/07 2006 K-1 8 Husband 2005 1040 9 Joint return 20051120S 10 RKT, Inc. Appraisal 11 329 Fairview Appraisal 12 671 N Hanover Northwestern Mutual 13 Annual Policy Statement Fee bill 14 Wife's counsel fees, costs & expenses N. B. Per the agreement of counsel made on 09/10/08, the exhibits are not attached, but will be exchanged, and provided to the master, in advance of trial. Pension or Retirement Benefits Rule 1920.33 (b)(7) None Plaintiffs Counsel Fees, Costs and Expenses Rule 1920.33 (b)(8) Le al Fees Jeanne Costo oulos ------------ $ 500.00 Timothy Colgan $ 3,224.44 --- Theresa Barrett Male $ 8,007.00 Costs and Expenses Filing Fee - Divorce Complaint $ 210.50 Service fees $ 10.00 Filing Fees- Additional Economic claims $ 52.00 Total $12,003.94 3 Disputed Items Rule 1920.33 (b)(9) Wife will supplement this after she reviews Husband's pre-trial statement Marital Debts Rule 1920.33 (b)(10) See attached spreadsheet. Proposed Resolution of Economic Issues Rule 1920.33 (b)(11) 1. Wife will receive 55% of the marital estate, including 329 Fairview Street and Infinity Beads. Husband will retain 671 N. Hanover Street and R.K. Thomas, Inc. 2. Husband and/or R.K. Thomas, Inc. will repay the Infinity Beads loan advances, plus reimburse the interest payments made by Infinity Beads. 3. Wife will receive alimony. 4. Husband will pay Wife's counsel fees. Law Office of Theresa Barrett Male -91 Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: September 11, 2008 4 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: SeR/ice by first-class mail addressed as fellows. Darren J. Holst, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: September 12, 2008 W I I I' I 1 7 1 I -I 70 I (7 -I C7 03 N N ?I I =i la•!TI ICD ?jm la 0,I0I o1$lO t wj i• a? O_I0, I= , OI ?•I?oICNO o o rn!? °1w i w 3 5 Er la ?.! cD cD la la ! a a C 2 N! Im m ?, ?, ?c IS I m 3 = 33 Q - D x I7 Iv f 3 m I m ' I m; eo o o' » 0 II c < y I m Nln cl > I? c m nI a 3 in cam m a rm Ica > o 1 o I m ? I O N Q •• _a N MW 1 7 A A 0) I i a CD ?. (? vooAM C M CA VI I !- Im :' CD 15 0 SD CD ?I ao D a QI I I? 21 ?'= I ?V v ° I y m N< O m (D u O v yi D I n n CL N I (D CL I v O CD fD I I I I A .a 1 -- fa fR I i 11p D v O O A or??? < ai j I 1 0 ?I vil ? I V--, w to 1 Ea v? c» rfl to to I 'rfl VT I Efl W f0 N Q Q O? W i CO i QW ICAO N N I O I CJ1 I .a r CNO (0 W Q I O O Q N W -? 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I vj?, I is I i 'oi I ? lug i I I °? ° 1 1 ! i I i c°D m I N??I ? i I ?, I cD ? I I I i 0 , ?i i l w I - o O ! i , 'I Oy l .. ol ? a y ' 1 !mI I ! a I 1 I Z ta i . . l »I i ?' S o 1 oI I i I l jnl I i j I CD o , oi 0 I I 1 ? ? I I g ?I D (D O" IS'O ' ! I ! j !(D?? I : ? I I ! I I I a:c D' I I i I I i I I ; ! j I I I I I , ! I I j I I I I w -- N3 Send Inquires to: 5000 Louise Drive PO Box 40 Mechanicsburg, PA 17055 www.memberslstorg Main Switchboard: (717) 697-1161 or (800) 283-2328 EZ Call: (717) 697-4372 or (800) 283-4372 TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 TeleBranch: (717) 795-6049 or (800) 237-7288 532 1 AT 0.308 1848-532 Irr,111r?r111rrIt r.ll,r1{...1.1{(nr?IrrIrl,lrLL?{J?rlrlrrl R K THOMAS INC DBA INFINITY BEADS 405 N EAST ST CARLISLE PA 17013 Statement of Accounts Feb 01, 2007 thru Feb 28, 2007 Account dumber: 251455 Account Balances at a Glance: Checking: 0.00 Savings: 25.00 Certificates : 0.00 Loans: 46,127.16 Money Management: 0.00 Page: 1 of 3 Your account falls within the Medium Volume Business tier. SAVINGS ACCOUNTS 00 - BUSINESS SAVINGS Date Transaction Description Additions Subtractions Balance Feb g 1 Balance Forward 25.00 Feb 28 Ending Balance 25.00 LOAN ACCOUNTS 01 - BUSINESS R.E. SECURED Date Transaction Description Amount Interest Fees Principal Balance Feb Of Balance Forward 30,550.53 Feb 01 Payments Transfer 605.00 181.63 0.00 423.37- 30,127.16 From INFINITY BEADS-E XXXXXXXXX X Share 07 Feb 28^-Endn-g BaTance'- 30,127.16 Annual Percentage Rate 7.0001/6 Daily Rate .0191781/o 02 - BUSINESS RE INTEREST ONLY Credit Limit 20,500.00 Credit Available 4,500.00 Date Transaction Description Amount Interest Fees Principal Balance Feb, 01 Balance Forward 19,000.00 Feb 13 Payments Transfer 3,000.00 151.55 0.00 2,848.45- 16,151.55 From R , K :THOMAS INC XXX XXXX X , Share. 00, , Feb 15 Payments Members 1st Online Transfer` 151.55 0.00 0.00 151.55- 16,000.00 From INFINITY BEADS`-E XXX)UUU xx x Share 07 Feb 28 Endntg Balance 16, 000.00 Annual Percentage Rate 9.250% Daily Rate .025342% " Periodic Rate May Vary On This Loan " A Payment of 122.74 is due on 0311612007 YTD SUMMARIES TOTAL DIVIDENDS PAID 00 BUSINESS SAVINGS TOTAL LOAN INTEREST PAID 0.00 01 BUSINESS R.E. SECURED 365.76 hLL nT.- FE ?? - - T . + "J Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm tbmesquire.com Attorneys for Plaintiff COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S MOTION FOR HEARING 1. On September 4, 2009, Plaintiff filed a petition seeking enforcement of the parties' settlement agreement. 2. By order dated September 14, 2009, this Honorable Court issued a rule returnable on October 5, 2009. 3. Defendant filed an answer and new matter' on October 5, 2009. Defendant's New Matter is not endorsed with a Notice to Plead. Therefore, pursuant to Pa. R.C.P. 1026, Plaintiff does not need to file a responsive pleading. a 4. Attached to Defendant's answer are letters of settlement negotiations which are not admissible in court and therefore should be stricken. Wherefore, Plaintiff respectfully requests that the Court enter an order setting the matter for a hearing and striking the settlement negotiation exhibits. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Plaintiff Date: October 8, 2009 2 r ? PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: E. Robert Elicker, Il, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Divorce Master Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Law Office of Theresa Barrett Male /Ztl't &tee6 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Plaintiff Date: October 9, 2009 OF THE ?F "'NIOTAPY ZQu9 0 v ` -9 ph, i! 4 Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ralph Kyle Thomas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff NO. 06-2939 CIVIL TERM V. RALPH KYLE THOMAS, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR HEARING AND NOW, comes Defendant, Ralph Kyle Thomas, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Answer to Plaintiff's Motion for Hearing and in support thereof states as follows: Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. Defendant admits he attached to his Answer correspondence between counsel evidencing the progression of settlement discussions insomuch as said letters are material to the legal determination as to whether there was a meeting of the minds between the parties and whether there is, in fact, and enforceable agreement as asserted by Plaintiff. While the general rule is that settlement negotiations are not admissible at hearing, the sole reason why said letters were attached is to establish the lack of an agreement between the parties with respect to the claims asserted by Plaintiff in her petition for enforcement. Such claims form the foundation of Plaintiff's enforcement petition. The parties' settlement negotiations, evidenced by the exchange of correspondence, go to the very heart of the legal issue now before the Court. Accordingly, consideration of the correspondence is essential, and it is wholly inappropriate for the Court to strike the exhibits attached to Defendant's Answer. WHEREFORE, Defendant respectfully requests this Honorable Court enter an order setting the matter for hearing and denying Plaintiff's request to strike the exhibits attached to Defendant's Answer and New Matter. Respectfully submitted, Date: lb l y 16 Ilk Darren . Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ralph Kyle Thomas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, ) Plaintiff ) V. ) RALPH KYLE THOMAS, ) Defendant ) NO. 06-2939 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Ralph Kyle Thomas, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer to Plaintiff's Motion for Hearing was served upon Theresa B. Male, Esquire, counsel for Christine Thomas, Plaintiff, by depositing same in the United States mail, first class, on October 9, 2009, addressed as follows: Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Date: I v /?? ' ?J Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Ralph Kyle Thomas Pli,?lt- ??41-t TNT"! '? ``T?Y 2009 NOT 13 PH 3: Ora CUfv ?C; ,:, JjjU I"Y Pica<?v }`:`U;N!,, V CHRISTINE THOMAS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RALPH KYLE THOMAS, DEFENDANT NO. 06-2939 CIVIL ORDER OF COURT AND NOW, this 15th day of October, 2009, upon consideration of the Plaintiff, Christine Thomas' Petition to Enforce Agreement, and Defendant Ralph Thomas' Answer thereto and New Matter, IT IS HEREBY ORDERED AND DIRECTED that the matter shall be returned to the Divorce Master for a hearing on the respective financial property rights and obligations of each party; IT IS FURTHER ORDERED AND DIRECTED that both Parties' Request for Attorney's Fees are DENIED. By the Court, Theresa Barrett Male, Esquire Attorney for Plaintiff ./Darren Holst, Esquire Attorney for Defendant Robert Elicker, Esquire Divorce Master bas E:= 7 ' V 2010f? d+ Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm _tbmesguire.com Petitioner COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. RALPH KYLE THOMAS Defendant NO. 06-2939 Civil Term CIVIL ACTION - DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. On February 21, 2008, Petitioner entered her appearance on behalf of Plaintiff. 2. Plaintiff has decided to have Joseph D. Buckley, Esquire, handle the remaining aspects of this divorce action. 3. On February 19, 2010, Petitioner sent Mr. Buckley a scanned praecipe for withdrawal and entry of appearance via e-mail, and asked him to notify Petitioner if he wanted the document sent by mail. Wherefore, Petitioner respectfully requests the court to grant this Petition to withdraw as counsel for Plaintiff. Law Office of Theresa Barrett Male T resa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: April 13, 2010 3 Exhibit 1 To: Joseph D. Buckley, Esquire F A Fax number: 717-249-4103 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 717-233-3220 www.tbmOtbmesquire.com Comments: Dear Mr. Buckley: From: Theresa Barrett Male, Esquire Fax number: 717-233-6862 Date: 3/24/2010 Regarding: Thomas v. Thomas Phone number for follow-up: 717-233-3220 This is a follow-up to my voice mail message to your office on Monday. Please advise regarding the status of the praecipe withdrawing Theresa's appearance and entering yours on behalf of Christine Thomas. We would like to close her file, and need the time-stamped copy in order to do so. Thanks. Sincerely, Susan C. Appleby, Paralegal CONFIDENTIALITY NOTE The documents accompanying this transmission contain information from the Law Office of Theresa Barrett Male. This information is confidential and/or legally privileged and is intended only for the use of the individual or entity named on this transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited, and you immediately should return the documents to the Law Office of Theresa Barrett Male. If you have Deceived this transmission in error, please immediately call 717-233-3220. P. 1 Communication Result Report ( Mar.24. 2010 4:50PM) x 1) THERESA BARRETT MALE. ESQ. Date/Time: Mar.24. 2010 4:49PM File Page No. Mode Destination Pg(s) Result Not Sent ------------------------------------------------------------------------ 8728 Memory TX 2494103 P. 1 OK ------------------------------------------ Reason for error E.1) Hang up or line fail E.3) No answer E-5) Exceeded max. E-mail size F A X Ta: 70ueph D. Buckley, Esquire Pmt number. 717-249-4103 _ -_- From: Theresa Barrett Male, Esquire Th- aattart NOW Esquire Fax number: 717-233-6862 513 north -1 surf Hothead, M 1710a-lose 717,231-3Y0 Dafm 3/24/2010 aarre?- Regarding: Thomas v. Thomas , €x Phone number forfdiow-up: 717-733-3220 Comments: Dear Mr. Buckley: This is a fouaw-up to my voice mail huge to your oRloe on Monday. trlea9e advise regarding the 111 1 of the prm dpe withdrawing Theresa's appearance and enterkg yours on tlehiff of Chrtstlne Thomas. We would lke to dose her ftle, and need the time-stamped copy in order to do so. Thanks. Sincerely, Susan C. Appleby, Paralegal CONFIDENTMM NOTE The document sooompoW" thh tranontolon raaWn lolbrmouRn hum the law cabs of Thermo amtlt Male. Ift trdbrrradlen In mn0dontly and/or MpdM prNeayed and In haendea only for the uan or the hdrta,el or w4ty nmad on thin Uvowntoston. If you are hat the hrI I , 4 you - hereby astaled that any dWo- mpy1 d olftuU n orthe Wit deny ettlen Yr reNnae on the oantana ofthB hdbrrrrsaan is at - " peehI 1 4 and tea knrw"ou y. dwrdd ram. the documents to the law Oflke orTbnrao amen role. H you hm rwW,, this traaonloriun In error, please hnnwdlaady CA 717-733-3220. E. 2) Busy E.4) No fats imi l e connection Exhibit 2 F A X Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 717-233-3220 www.tbm@tbmesquire.com ILA Comments: Dear Mr. Buckley: To: Joseph D. Buckley, Esquire Fax number: 717-249-4103 From: Theresa Barrett Male, Esquire Fax number: 717-233-6862 Date: 4/2/2010 Regarding: Thomas v. Thomas Phone number for follow-up: 717-233-3220 This is a follow-up to my voice mail message to your office this morning. This is our second request for a status report regarding when the praecipe withdrawing Theresa's appearance and entering yours on behalf of Christine Thomas will be filed. As I previously advised you, we want to close Christine's file and cannot do so absent our receipt of a time-stamped copy of the praecipe. Please contact me upon your receipt of this fax transmission regarding this matter. Thanks. Sincerely, Susan C. Appleby, Paralegal Cc: Christine Thomas CONFIDENTIALITY NOTE The documents accompanying this transmission contain information from the Law Office of Theresa Barrett Male. This information is confidential and/or legally privileged and is intended only for the use of the individual or entity named on this transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited, and you immediately should return the documents to the Law Office of Theresa Barrett Male. If you have received this transmission in error, please immediately call 717-233-3220. P. 1 Communication Result Report ( Apr. 2. 2010 9:06AM ) z x 2) THERESA BARRETT MALE. ESQ. Date/Time: Apr. 2. 2010 9:05AM File No. Mode Destination --------------------------------------------- 8750 Memory TX 2494103 Pg (s) Resul t ---------- ----------------- P. 1 OK Page Not Sent -------------- -------------------------------------------- Reason for error E.1) Hang up or l i ne fa i t E.3) No answer E-5) Exceeded max. E-mail size F A X To: 3oseph D. Buddey, Esquire Fax number: 717-249.4103 From: Theresa Barrett Mat, Esquire Tkseta a direct Ph" W Fax number. 717-233-MZ R3 stun, seams west mweabum PA viii-lose 717-293-372D Dace: 4/2/2010 amenmomobLmm Regarding: z= Thomas v. Thomas D Phone number for follow-up: 717-233-3220 comments, Dear Mr. Buckley: This Is a follow-up to my voice mad message to your Wee this morning. This is our secorM request for a status report regmtong when the preedpe withdrawing Theresa s appearance and entering yours on behalf of ChristVre Thomas will be fled. As I previously edalsed you, we want to dose Christens file and.carmot do so atarerlt our receipt of a Bme-stamped copy or the preedpe. pease contact me upon you receipt of this fax transmisalon regarding this matter. ThankL Sincerely, Susan C. Appleby, Paralegal Cc: Christine Thomas CONFnMNTIAM NOTE The doaumenls amompaayrps tlac herneeiMen eontft kdwmenme from tM Law Oaks dt9eoees 9anelt Male. Thk Nrkmrtlon In mnlNareel md/or kpefy piNlAaed and is Yrteedad only for ft use of the kowkium or array ewrad an aft traneeiokn. U you areear tie Yaendmi mdOrenC you arehereby addled that emy dkabeae, mPMeq. db6sheetlon ar eM taldeq d eery calm k maanw oa the aeeuta d thk lekrrewom k eeklly pehlbead, and you YneadMtsly should remm the doamwib to fM Law Olnaa d Thareo aarmK Mat. If you hm a eeWv thk tranenMeon % In error. pkere wwdM!!![ oa 717-?33-3= ---------------------------------------------------- E. 2) Busy E.4) No facsimile connection PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Christine Thomas 329 Fairview Street Carlisle, PA 17013 Plaintiff Law Office of Theresa Barrett Male c Susan C. Appleby, Paralb al Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: April 13, 2010 CHRISTINE THOMAS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLV IA 12 A a NO. 06-2939 CIVIL > V. CIVIL ACTION - LAW a, RALPH KYLE THOMAS, ; ? DEFENDANT IN DIVORCE t ORDER OF COURT 0 AND NOW, this 15th day of April, 2010, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before May 5, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer the Court will determine if a hearing or further Order is needed. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, heresa Barrett Male, Esquire Petitioner Xhristine Thomas, Plaintiff vzarren J. Holst, Esquire Attorney for Defendant /Oseph D. Buckley, Esquire bas M. L. Ebert, Jr., J. A r Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmO-tbmesquire.com Attorneys for Plaintiff 2'J 10 1 c , . I U ? 1;` COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff V. NO. 06-2939 Civil Term RALPH KYLE THOMAS Defendant CIVIL ACTION - DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. On April 14, 2010, Petitioner filed a petition for leave to withdraw as counsel for plaintiff in this proceeding. 2. On April 15, 2010, this Court issued a Rule, returnable on or before May 5, 2010, which Petitioner's paralegal served on plaintiff and defendant on April 19, 2010. 3. The return date has passed without answer by either plaintiff or defendant. Wherefore, Petitioner requests the Court to make the rule absolute and to grant her petition for leave to withdraw as counsel for Plaintiff in this action. Law Office of Theresa Barrett Male By: Ther Barrett Male, Esquire, ID # 46439( 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: May 7, 2010 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Attorneys for Defendant Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Christine Thomas 329 Fairview Street Carlisle, PA 17013 Plaintiff Law Office of Theresa Barreft Male C?IR40LA Susan C. Appleby, Pa i gal Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: May 7, 2010 ,. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tb m (a~tb m esqu i re. co m Petitioner 241~i~AY !2 A~#!i~ UI rC:i'~It~YLVfi~I`~~+ 0 MAY o2 ~ f LULU COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS Plaintiff v. RALPH KYLE THOMAS Defendant NO. 06-2939 Civil Term CIVIL ACTION -DIVORCE ORDER AND NOW, May ~, 2010, the Court GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Plaintiff in this proceeding. BY THE COURT: eo~- ~S ~~~c~ ~~i ~. ~alr.~ s/~ ~./ ~d fi'''t M.J. Ebert, Jr., J. f. Distribution: Theresa Barrett Male, Esquire, 513 North Second Street, Harrisburg, PA 17101-1058 Darren J. Holst, Esquire, 130 Walnut Street, P.O. Box 810, Harrisburg, PA 17108 Joseph D. Buckley, Esquire, 1237 Holly Pike, Carlisle, PA 17013 Christine Thomas, 329 Fairview Street, Carlisle, PA 17013 2 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff V S. RALPH KYLE THOMAS, Defendant Grounds for divorce: X Section 3301(c) of the divorce Code PRAECIPE TO TRANSMIT THE RECORD 1 2 CIVIL ACTION -LAW CASE N0.06-2939 IN DIVORCE Section 3301(d} of the Divorce Code (a) Date complaint filed: May 22, 2006 ~' ._~ ~, w r~~ rTti -~ r.' _.~ ;~:, ,~.~ ~' ; c~ :~::~ O --~ N -~, .~- (b) Date of Service of the complaint: June 8, 2006 (See attached Verification of Service of Complaint) (c) If service 30 days after date of filing, date complaint reinstated: N.A. (d) Manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by defendant. (Attached) First-class mail -not returned, certified mail refused, 15 days have elapsed Date of mailing Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) X Acceptance of service (copy attached} By publication pursuant to Order of Court (Copy of Order attached) 3. (a} Affidavit of consent required by Section 3301(c} of the Divarce Code: Date of execution: Plaintiff October 15, 2010 Defendant September 24, 2010 Date of filing: Plaintiff October 22, 2010 Defendant October 22, 2010 r ~P _;~ _~ t:~~~ .. i'_ ~ ;~ ~~ ~~_ c' ~3'ty _'" t ) ~r`~ .'~ _~ (b) Plaintiffs affidavit required by Section 3341(d) of the Divorce Code: Date of execution: Date of service upon defendant: 4. Related claims pending: NONE 5. (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: Manner of service of notice of intention: Certified mail First-class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (b) Date waiver of notice of intention to request entry of divorce decree was filed with the Prothonotary: By Plaintiff: _ October 22, 2010 By Defendant: October 22, 2010 6. Other: Copv of MARITAL SETTLEMENT AGREEMENT dated September 24, 2010, is to be incorporated into Divorce Decree. Date: Supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, CIVIL ACTION -LAW Plaintiff vs. CASE N0.06-2939 RALPH KYLE THOMAS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, hereby certify that true and correct copies of my Entry of Appearance together the Praecipe to Transmit the Record with attachments was served in accordance with the Pennsylvania Rules of Civil Procedure upon: Darren J. Holst, Esquire Howell, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 By means of First Class United States Mail postage prepaid. Respectfully Submitted, October 22, 2010 Attorney for Plaintiff Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw cr,aol.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _j ~.~ C:~ CHRISTINE THOMAS, CIVIL ACTION -LAW ~~~ ~ --..o Plaintiff ~ ~ ~?~ vs. CASE NO. 06-2939 ~ ~ ~ ~ ~,~,-; , RALPH KYLE THOMAS, :Ab `°~` -+a Defendant IN DIVORCE ~'= ="' ; ~ ~ -n ~ ~ ~ ~, ~ PLAINTIFF'S AFFIDAVIT OF ~°' ~'' CONSENT AND DEFENDANT'S ACKNOWLEDGEMENT OF SERVICE ~' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2006November 23, 2005 in the above-captioned action. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County. PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE BEING FILED 1. I consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County. 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 the 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, CHRISTINE THOMAS, verify that the statements made in the above document 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: / ~ - /~ ^-/L~ ,/~' ji t ~~ ~ C RISTINE THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _..~ CHRISTINE THOMAS, ) A ~ ~ -~ Plaintiff ) NO. 06-2939 CIVIL TERM ~~ --d ~ ~i ) ~'; ~' v . ~ ~ RALPH KYLE THOMAS, ) CIVIL ACTION -LAW :~~_ r ~-, Defendant ) IN DIVORCE ~~ •• R~ .~- DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 22, 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. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 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. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~'~ 7 ^~~ `` alph Kyle Thomas, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff vs. RALPH KYLE THOMAS, Defendant CIVIL ACTION -LAW CASE N0.06-2939 IN DIVORCE VERIFICATION OF ACCEPTANCE OF SERVICE OF COMPLAINT I, Ralph Kyle Thomas, hereby certify that I received a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code and Notice to Plead in this matter were duly served upon and accepted by me on June 8, 2006. I hereby certify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 12, 2010 /' RA H YLE THOMAS ~'..~ ~~'I~l~;~ ~~~:+ ~~~~~~9 d ~1 ~d Z~ .~~Q ~1tJZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff vs. RALPH KYLE THOMAS, Defendant CIVIL ACTION -LAW CASE N0.06-2939 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of Christine Thomas, the Plaintiff in this matter: Joseph D. Buckley, Esquire Supreme Court I. D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com Thank you. Date: 10/22/10 ,..~ ~ ~ ~~ `°~`~ -~ ~ ~ --~ ~`~m ® ~ `~ ~~ N ~~ -,._ : , -° c ~ ~ ~ =~ ~ _~~ ~ ::'J -~,. ~ ~ r f i~~~ t ~o a'it~.l 1 iY~trl~.~l~~tt ~i . ! r1 R (A .,,, L .~ i J 4 ;.~ ~ ~ ~ Y t t~ y~ 'Y ... 1 a i MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN RALPH K. THOMAS AND CHRISTINE THOMAS Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Ralph K. Thomas Joseph D. Buckley, Esquire The Law Office of Joseph D. Buckley 1237 Holly Pike Carlisle, PA 17013-4435 Telephone: (717) 249-2448 Counsel for Christine Thomas . ~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~ day of ~ t~l~ `. , 2010, by and between RALPH K. THOMAS, of Cumberland County, Pennsylvania, and CHRISTINE THOMAS, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Ralph K. Thomas (hereinafter referred to as "Husband") was born on June 25, 1953 and currently resides at 107 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013; WHEREAS, Christine Thomas (hereinafter referred to as "Wife") was born on September 26, 1953 and currently resides at 329 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015; WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 2, 1972 in Ford City, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about June 2, 2006; WHEREAS, the parties' two children are now emancipated; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband and Joseph D. Buckley, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, 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 of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on May 22, 2006, Wife initiated a divorce action under, inter alia, the no-fault provisions of the Divorce Code by filing a complaint docketed at No. 06-2939 Civil in the Court of Common Pleas of Cumberland County. Additionally, Wife has requested the appointment of the divorce master; E. Robert Elicker, Esquire has been appointed master, and a hearing was scheduled for May 21, 2009 but was continued generally in light of this settlement. The parties acknowledge the ninety day waiting period provided for under Section 3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife for filing. Wife's counsel will take all necessary 4 steps to vacate the divorce master's appointment and will take steps to precipitate the entry of a divorce decree. The parties acknowledge Husband's obligation to pay Wife the alimony obligation called for in Paragraph 6, infra, is specifically conditioned upon Wife executing and filing her Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree at the time of execution of this Agreement. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 329 Fairview Street, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall, at or around the time of execution of this Agreement, execute a deed prepared by Wife transferring all of his right, title and interest in the Marital Residence to Wife, which deed shall beheld in escrow by Husband's counsel until such time as Wife refinances the existing joint debt on the Marital Residence as addressed in more detail in Paragraph 5(a)(3), infra. At or around the time Husband's name is removed from liability on the Marital Residence debt, Husband's counsel will release the deed for recording. 5 (2) Husband agrees that, as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which maybe incurred in connection with such liabilities and expenses. Moreover, Wife shall, within sixty (60) days of the date of the execution of this Agreement, take all steps necessary to apply with the current mortgage holder of all existing jointly titled mortgages or loans associated with the Marital Residence or another lending institution to have Husband's name removed from any liability on the jointly titled encumbrances. Should a lending institution deny said application, Wife shall reapply to remove Husband from liability associated with the mortgages or loans. Wife shall have a duty to provide Husband with copies of all documentation evidencing she is in compliance with this subparagraph within forty-eight (48) hours of submitting said documentation to the institution or upon receipt of said documentation from the institution. Wife shall successfully remove Husband from liability on the existing jointly titled mortgages or loans associated with the Marital Residence no later than one hundred and eighty (180) days from the date of execution of this Agreement. Should Wife be unable to remove Husband's name from liability within one 6 hundred and eighty (180) days, the Marital Residence shall be listed for sale with a mutually acceptable realtor and at a price recommended by said realtor. Wife shall abide by any and all recommendations from the realtor, including, but not limited to, subsequent adjustments to the sales price based upon then prevailing market conditions or accepting offers of sale. Once the Marital Residence is sold, the proceeds shall be used to satisfy the jointly titled debt on which Husband is a named party, and any remaining proceeds shall be Wife's sole and separate property. (b) Furnishings and Personalty. (1) The parties agree they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the Marital Residence. Notwithstanding the foregoing, the parties agree Husband shall receive, as his sole and separate property, his Pennsylvania Long Rifle Musket (dating from the 1800's), which was given to him by his family, that remains located at the Marital Residence. Wife agrees to retain said item in the Marital Residence until such time as Husband removes it therefrom. Husband agrees to remov$ the musket no later than thirty (30) days from the date of execution of this Agreement. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. 7 (c) Business Real Estate. The parties acknowledge they are the titled owners, as tenants by the entireties, of real estate located at 671 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, on which Husband's business is situated (hereinafter referred to as the "Business Real Estate"). The parties agree as follows with respect to the Business Real Estate: (1) Husband shall become the sole and exclusive owner of the Business Real Estate and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Business Real Estate. Wife shall, at or around the time of execution of this Agreement, execute a deed prepared by Husband transferring all of her right, title, claim and interest in the Business Real Estate to Husband, which deed shall beheld in escrow by Wife's counsel until such time as Husband successfully refinances the joint debt on the Business Real Estate to remove Wife's name from liability thereon. At or around the time Wife is removed from liability on the Business Real Estate debt, Wife's counsel will release the deed for recording. (2) Wife agrees that, as of the date of execution of this Agreement, any and all title policies and any and all other policies of insurance with respect to the Business Real Estate shall be endorsed to reflect Husband as sole owner thereof and further agrees Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Business Real Estate, including, but not limited to, any mortgages, any and all loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which maybe incurred in connection with such liabilities and expenses. Moreover, Husband shall, within sixty (60) days of the date of execution of this Agreement, take all steps necessary to apply with the current mortgage holder of all existing jointly titled mortgages or loans associated with the Business Real Estate or another lending institution to have Wife's name removed from any liability on the jointly titled encumbrances. Should a lending institution deny said application, Husband shall reapply to remove Wife from liability associated with the mortgages or loans. Husband shall have a duty to provide Wife with copies of all documentation evidencing he is in compliance with this subparagraph within forty-eight (48) hours of submitting said documentation to the institution or upon receipt of said documentation from the institution. Husband shall successfully remove Wife from liability on the jointly titled mortgages or loans associated with the Business Real Estate no later than one hundred and eighty (180) days from the date of execution of this Agreement. Should Husband be unable to remove Wife's name from liability on the jointly titled mortgages or loans within one hundred and eighty (180) days, the Business Real Estate shall be listed for sale with a mutually acceptable realtor at a price recommended by said realtor. Husband shall abide by any and all recommendations from the realtor, including, but not limited to, subsequent adjustments to the sales price based upon then prevailing market conditions or 9 accepting offers of sale. Once the Business Real Estate is sold, the proceeds shall be used to satisfy the jointly titled debt on which Wife is a named party, and any remaining proceeds shall be Husband's sole and separate property. (d) Motor Vehicles. (1) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, the 2003 Ford Explorer automobile currently titled in the joint names of the parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees Husband shall retain possession of, and receive as his sole and separate property, the 2000 Lexus SC automobile currently titled in Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband acknowledges he has taken the steps to stop the loan for the Lexus from automatically being paid from the one Member's First bank account that Wife is receiving payment pursuant to paragraph 5(g), infra. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. 10 (3) The parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (e) Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. Notwithstanding the above, the parties acknowledge Husband was the owner and insured on a whole life policy with Northwestern Life Insurance, which had a cash value of approximately $21,600.00 as of the date the policy was terminated. Husband and Wife acknowledge the then existing cash value was divided equally between the parties with each party receiving $10,800.00 as and for equitable distribution. Each party hereby agrees to waive, relinquish and release any and all past, present or future right, title, claim or interest in and to the monies received by the other party from the life insurance proceeds, including, but not limited to, any interest or earnings on the monies received by the other party or any property acquired therewith. For purposes of securing the alimony obligation called for in paragraph 6, infra, as well as the equitable distribution payment called for in 5(j), infra, the parties agree Husband shall, within thirty (30) days of execution of this Agreement, take all steps necessary to maintain Wife as beneficiary on a term life insurance policy with death protection of $40,600.00. Once Husband pays Wife the lump sum equitable distribution payment called for in paragraph 5(j), infra, he shall be entitled to decrease the death protection on said policy by the sum of $19,000.00. Husband shall further be entitled to decrease the death protection on said policy each September by the net after tax present value of the alimony payments made during the previous twelve (12) months. Husband shall maintain Wife as beneficiary on said term life 11 insurance policy, which beneficiary designation shall be irrevocable during such time that Husband has an obligation to pay Wife alimony as called for herein. Once Husband is no longer obligated to pay Wife alimony, he shall have no further obligation to maintain Wife as beneficiary on the policy nor shall he be required to maintain the policy itself. Husband shall provide Wife proof of both the insurance coverage and Wife being named as beneficiary thereon no later than five (5) business days after securing the necessary protection. (f) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (1) Husband agrees Wife shall retain, as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stock and investments and the monies contained therein. (2) Wife agrees Husband shall retain, as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stock and investments and the monies contained therein. 12 (3) The parties acknowledge that, during marriage, they maintained two joint accounts with Members ls', account numbers 49484 and 155475, which accounts continue to exist. Husband agrees Wife shall receive, as her sole and separate property, free of any and all past, present or future right, title, claim or interest of Husband, the account numbered 155475 and the monies contained therein. Wife agrees Husband shall receive, as his sole and separate property, free of any and all past, present or future right, title, claim or interest of Wife, the account numbered 49484 and the monies contained therein. Each party agrees to execute any and all documents necessary to effectuate the transfer of said accounts to the other including, but not limited to, executing a Power of Attorney to permit the party to transfer the accounts into his or her sole name. Within fourteen (14) days of execution of this Agreement, each party shall appear at a Members' First branch and shall sign all documents required by the bank to remove his or her name from the account awarded to the other and to cancel any and all credit cards in that party's name associated with the account awarded to the other party, specifically, but not limited to, the Visa card that Husband has associated with account numbered 155475. (h) R.K. Thomas, Inc. (1) The parties acknowledge Husband is currently the sole owner and sole shareholder of asub-chapter S corporation known as R.K. Thomas, Inc. ("R.K. Thomas") located at 671 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. Husband further acknowledges he is in the process of changing the organization structure of R.K. Thomas from asub-chapter S corporation back to a sole proprietorship. Husband shall retain 100% of Wife's legal and beneficial interest in the business, he shall remain 13 the sole and exclusive owner of the business, and he shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest in and to R.K. Thomas, its stocks, cash accounts, accounts receivable, inventory and any and all equipment, fixtures and assets owned by the business. Wife shall execute any and all documents necessary to implement her waiver, relinquishment and transfer of all claims and interest in R.K. Thomas, including stock certificates and shareholder agreements. (2) Husband shall be solely responsible for any and all liabilities, including, but not limited to, debts, liens, encumbrances, costs, expenses, accounts payable, corporate debts, personal guarantees, and federal, state and local tax liabilities associated with or attributable to his interest in R.K. Thomas and all successor entities. Husband shall indemnify and hold Wife and her successors, assigns, heirs, executors and administrators from any and all such liabilities, costs and expenses, including reasonable attorneys' fees, which maybe incurred in connection with his ownership interest in R.K. Thomas and his indemnification of Wife. The parties acknowledge one of the debts pertaining to R.K. Thomas is a credit card debt of approximately $2,400.00 on the Visa credit card tied to Members' First account numbered 49484. As set forth above, Husband and R.K. Thomas, including all successor entities thereto, are solely responsible for said credit card debt. (3) Husband and Wife acknowledge that, during marriage, a line of credit with Members' 1 S` Federal Credit Union was established on which the business real estate is collateral. During the course of the divorce proceedings the parties disputed whether said debt was attributable to R.K. Thomas, Inc. or Infinity Beads, Inc.; nevertheless, it is agreed 14 Wife made interest payments on said line of credit during separation, the resolution of which is addressed herein. For purposes of this settlement, Husband agrees he and R.K. Thomas, Inc. shall be solely responsible for the repayment of said line of credit. Husband and R.K. Thomas, Inc. shall indemnify and hold Wife and her successors, assigns, heirs, executors and administrators from any and all liability, cost or expense on the Members' ls` Federal Credit Union line of credit, including reasonable attorneys' fees. The parties acknowledge the present balance on the line of credit is approximately $17,000.00. (i) Infinity Beads, Inc. (1) The parties acknowledge Wife was the sole owner and shareholder of asub-chapter S corporation known as Infinity Beads, Inc. ("Infmity Beads") located at 405 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. Wife shall retain 100% of Husband's legal and beneficial interest in the business, she shall remain the sole and exclusive owner of the business, and she shall be permitted to taken any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest in and to Infinity Beads, its stocks, cash accounts, accounts receivable, inventory and any and all equipment, fixtures and assets owned by the business. Husband shall execute any and all documents necessary to implement his waiver, relinquishment and transfer of all claims and interests in Infinity Beads, including stock certificates and shareholder agreements. (2) Wife shall be solely responsible for any and all liabilities, including, but not limited to, debts, liens, encumbrances, costs, expenses, accounts payable, corporate debts, personal guarantees, and federal, state and local tax liabilities associated with or 15 attributable to her interest in Infinity Beads and all successor entities. Wife shall indemnify and hold Husband and his successors, assigns, heirs, executors and administrators harmless from any and all such liabilities, costs and expenses, including reasonable attorneys' fees, which maybe incurred in connection with her ownership interest in Infinity Beads and her indemnification of Husband. (3) As stated above in paragraph 5(h)(3), the parties disputed a business debt alleged to be owed by R.K. Thomas to Infinity Beads concerning the Members First line of credit that presently stands at approximately $17,000.00. Pursuant to this Agreement Husband and R.K. Thomas, Inc., have agreed to be solely responsible for payment of the line of credit. In full satisfaction of Wife's outstanding claim for interest payments made by her, on the line of credit during separation, Husband and R.K. Thomas agree to pay to Wife and Infinity Beads the lump sum of $4,000.00, which shall be paid pursuant to paragraph 5(j), infra. The parties acknowledge and agree they waive, release and discharge any and all other claims either party may have as against the other and his or her business during marriage up through the date of execution of this Agreement. (j) Etc uitable Distribution Pa ment. No later than ninety (90) days from the date of execution of this Agreement, Husband shall pay to Wife, as and for equitable distribution, the lump sum of $19,000.00. Said $19,000.00 is comprised of $15,000.00 in property division and $4,000.00 representing repayment to Wife of the interest paid by her during separation on the Members' 1St Federal Credit Union line of credit as stated in paragraph 5(i)(3), supra, which debt Husband and R.K. Thomas, Inc. have assumed responsibility thereon pursuant to this Agreement. Husband waives, releases and relinquishes any and all past, present or future 16 right, title, claim and interest in and to the lump sum to be made to Wife including, but not limited to, any interest or earnings thereon or any property acquired therewith or exchanged therefor. (k) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (1) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband. hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (m) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 17 (n) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or maybe liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (o) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. (p) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. 18 (q) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate maybe responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. Commencing the first day of the month following execution of this Agreement, Husband shall pay directly to Wife, as and for alimony, the monthly sum of $800.00 for the duration of 27 months, which shall be paid in monthly installments on or before the first of each month. This alimony shall be non-modifiable in duration or amount, it being understood by the parties they waive any right to modify the terms of the alimony in a court of law or equity. Said payments shall terminate absolutely prior to the expiration of 27 months upon the first to occur of one of the following: (i) death of Wife; or (ii) death of Husband. The parties acknowledge Husband is presently paying interim support through the Domestic Relations Office at PACSES Case No. 394110241 in the amount of $963.00 a month. Husband's interim support obligation shall continue through the end of the month in which this Agreement is signed, at which time said obligation shall terminate absolutely. No later than ten (10) days 19 after execution of this Agreement, Wife shall take all steps necessary to terminate the existing interim support order as of the end of the month in which this Agreement is executed. It is understood by the parties the alimony payments from Husband to Wife pursuant to this Agreement constitute alimony under the Internal Revenue Code, and they are intended to be deductible by Husband on his individual tax return and includeable as income on Wife's tax return. Each party agrees he or she will file tax returns consistent with the terms of this Agreement, and both Husband and Wife acknowledge the failure to do so shall be deemed a breach of this Agreement. 7. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties acknowledge Husband is currently providing medical insurance coverage for Wife through R.K. Thomas. Husband agrees to continue to provide such coverage until such time as a divorce decree is entered, at which time his obligation to provide such coverage shall terminate absolutely. 8. TAX RETURNS. The parties agree each will file separate tax returns for all tax returns filed subsequent to the execution date of this Agreement. For any previous tax returns filed jointly by the parties, the parties agree that, in the event any deficiency in federal, state or local income taxes is proposed or assessed by any taxing authority against the parties as a result of the joint filing, each will indemnify and hold harmless the other and his or her property from and against any loss or liability for any such tax deficiency or assessment as well as any interest, penalty or expense incurred in connection therewith, including, but not limited to, reasonable counsel fees. Such tax, interest, penalty or expense shall be paid solely by and be attributable to in its entirety the individual who is finally determined to be the cause of the 20 omissions or misrepresentations as to the nature and extent of his or her separate income on the aforesaid joint returns. 9. BANKRUPTCY. In the event either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining with the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including reasonable counsel fees and costs incurred in the enforcement of this paragraph or any provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of state or federal law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 10. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any 21 additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have 22 in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 19$0, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now 23 existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, 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 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 24 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as maybe available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees reasonably incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and maybe effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Ralph K. Thomas 107 Winchester Gardens Carlisle, PA 17013 and to Wife, if made or addressed to the following: Christine Thomas 329 Fairview Street Carlisle, PA 17015 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or herby giving notice of that change in accordance with the provisions of this paragraph. 25 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. 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. 26 25. AGREEMENT BINDING ON PARTIES AND IiEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each parry shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. if either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement maybe incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 27 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. PH K. THOMAS _ r ,' ~ ~..r~' C STINE THOMAS 28 -~~~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF I ~~ ; h ) BEFORE ME, the undersigned authority, on this day personally appeared RALPH K. THOMAS known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a`~~ day of ~2.P ~ Abe ~ , 2010. Notary Public wand for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: CC54MON'NEALTH Of PENNSYLVANIA NOTARIAL SEAL DONNA 1. KNISELY, NOTARY PUBLIC .. CITY Of HARRISBURG, DAUPHIN COUNTY MYCOMMISSION EXPIRE APRIL 28 2012 29 7 COMMONWEALTH OF P/ENN/SYLVANIA COUNTY OF f/ C BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINE THOMAS known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ / day of D(~~~ , 2010. NOTARIAL 8EAL KAREN KAY BUCKLEY Nofaryt PabNc MIDOLETON TWP, CUMBERLAND CNN My ConwM:~ia Egira Jun 23, 2013 Notary Public in and fo Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: 30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff vs. RALPH KYLE THOMAS, . Defendant CIVIL ACTION -LAW c7 -~~ r`~ r~ ~ ~~ C!'S :~ ~-, -~~ ~-, --~ 'i`O~ -__! 0 -~ ~~ *~ ~.=. ~~ f; '..9 ~ '^~ O -T, ~~ CASE NO. 06-2939 IN DIVORCE MOTION FOR VACATING OF MASTER' S APPOINTMENT ~~ AND NOW, this 26t" day of October, 2010, comes Plaintiff, by and through her -aa attorney, Joseph D. Buckley, and moves that the Appointment of a Master in this matter be vacated based on the following: 1. On May 22, 2006, a Complaint in Divorce was filed and thereafter in June 8, 2006 Defendant was served with and accepted the same. 2. In 2008 this Honorable Court appointed a Master to resolve all the economic issues between the parties. 3. By agreement dated September 24, 2010, the parties resolved all their economic issues and signed a Marital Settlement Agreement. 4. The Master is recovering from a recent hospitalization and is not expected to return to his office for the next several weeks. 5. Plaintiff and Defendant have signed Consents to the divorce and desire the Court to proceed with granting the said divorce. 6. Plaintiff s attorney discussed the matter with Defendant's attorney and Attorney Holst concurs with this Motion. ~~ --+~''°' 7. President Judge Hess formerly issued the Order for the Appointment of Master. WHEREFORE, Plaintiff prays this Honorable Court enter an Order Vacating the Appointment of the Master. Respectfully submitted, L"11W111Gy 1V1 1116 i 1Qll11111 Supreme Court ID # 3 8444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 ..- OCT 2 9 7010 c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE THOMAS, Plaintiff vs. RALPH KYLE THOMAS, Defendant CIVIL ACTION -LAW CASE N0.06-2939 IN DIVORCE ORDER OF COURT AND NOW, this I ~ day of ~~„4~ , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 24, 2010, the appointment of the Master is vacated and counsel may file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~~ Copies to oseph D. Buckley, Esquire Attorney fox Plaintiff ~ren J. Holst, Esquire Attorney for Defendant t £.S rna.t lam, f~ ~~~v ~~ 0 ~ o G ~ rn m ~ r^ r= ~ .~_'~ ~ rn ~a ~ cn ~ ~ ~a ~o ~ o~' --, ~ ~ -~ ~ -< CHRISTINE THOMAS, Plaintiff V. RALPH KYLE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2939 CIVIL TERM DIVOR~~-QECREE AND NOW, ~ OV 8M~<< z ~~~~ , it is ordered and decreed that CHRISTINE THOMAS, Plaintiff plaintiff, and RALPH KYLE THOMAS, Defendant ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement dated September 24, 2010 between the parties is hereby incorporated by reference. By the Court, Attest: J. Prothonotary ~GU~ ~. 1 ~~~ y,~ /1-3-/° ~