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HomeMy WebLinkAbout06-3586 . GEORGE THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NoOlo-.3,{Pb CNIL TERM JILL THOMPSON, Defendant IN DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 ... GEORGE THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0(. - ..15Pb CNIL TERM JILL THOMPSON, Defendant IN DNORCE COMPLAINT IN DIVORCE AND NOW, the Plaintiff, George Thompson, through his attorney, Dawn S. Sunday, Esquire files this Complaint in Divorce based upon the following: 1. The Plaintiff is George Thompson, an adult individual, residing at 301 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. The Defendant is Jill Thompson, an adult individual, residing at 516 Wickshire Circle, Lititz, Lancaster County, Pennsylvania 17543. 3. The Plaintiff and Defendant were married on June 5, 1993 m Cumberland County, Pennsylvania. 4. 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. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or in any other jurisdiction. 6. The Plaintiff is presently a member ofthe National Guard. 7. The parties' marriage is irretrievably broken. 8. The Plaintiff has been advised ofthe availability of marriage counseling and that he may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not request counseling. 9. The parties plan to enter into agreements for the resolution of their divorce and equitable distribution issues through the collaborative process. , ". WHEREFORE, the Plaintiff respectfully requests that the Court enter a decree of divorce under Section 3301(c) or 3301(d) of the Divorce Code. Respectfully Submitted, U1A. 4~~ Dawn S. Sunday, Esquire Counsel for Plaintiff ill No. 41954 39 West Main Street Mechanicsburg, P A 17055-6230 (717) 766-9622 , '. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date (, / 7A>/ or.,. ~~ P amtJ ;AJ 0 -(q, "- ........ 11:- ~ --0 () ....., 0- ~ r,:-c, () o:.:r. -q . C,_ :::-J ....... ~ l'll <: .. \,-'-1 ...:( .,-. - D f"-,) "0 "'\U 0J ~ f! -, - )'r'l r C~j $ , - =< G', . ~ . MARITAL SBTTLBMBNT AGRBBNBNT TIllS AGllBBIIBIrl, made this ~ ()~ay of ~, 2006 by and between JILL THOMPSON of Lancaster County, Pennsylvania (hereinafter referred to as JILL), and GEORGE THOMPSON of Cumberland County, Pennsylvania (hereinafter referred to as GEORGE) , HBEREAS, JILL and GEORGE were lawfully married on June 5, 1993 in Cumberland County, Pennsylvania; and HBEREAS, there were no children born of this marriage; and ffBERI:AS , diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of JILL and GEORGE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates; and HBEREAS, JILL and GEORGE and their respective counsel entered 1 . . into a Collaborative Law Participation Agreement dated June 5, 2006, and have used the Collaborative Law Process in negotiating this Agreement. NOW, ~EORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, JILL and GEORGE, each intending to be legally bound, hereby covenant and agree as follows: 1. Sf!lParation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Inter~erence: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or i.n any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. Subsequent Divorce: Through the Collaborati ve Law 2 I. Process, the parties agreed that GEORGE would fi.le a Complaint in Divorce. The Complaint in Divorce was filed in Cumberland County, Pennsylvania on June 23, 2006 docketed to number 06-3586 claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. JILL agrees to consent to the divorce and to execute an Affidavit of Consent and a Waiver of Notice so that a Decree in Divorce can be entered by the Court. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed that a copy of this Agreement, or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, 3 judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Jlatua.l Re~ease: JILL and GEORGE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims 4 in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of JILL and GEORGE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which 5 each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice or COUDSe~: The provisions of this Agreement and their legal effect have been fully explained to JILL by her attorney, MARYANN MURPHY, ESQUIRE, and to GEORGE by his attorney, DAWN S. SUNDAY, ESQUIRE. JILL and GEORGE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement 8. Warranty as to ExistiDg Ob~igatioJ1S: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to 6 indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. EXIS~I.NG DEB~S: JILL and GEORGE acknowledge that the only existing marital debt is the joint mortgage at Sovereign Bank on the marital residence located at 301 North 26th Street, Camp Hill, Cumberland County, Pennsylvania, with an approximate balance on July 1, 2006 of $81,636.00. JILL and GEORGE agree that they shall pay the balance of the mortgage from the proceeds of the home when it is sold. JILL and GEORGE acknowledge that there are no other debts in joint names. JILL agrees to be solely and exclusively responsible for any and all credit cards and/or debts in her individual name, and she further agrees to indemnify GEORGE and hold him harmless from any and all liability for same. GEORGE agrees to be solely and exclusively responsible for any and all credit cards and/or debts in his individual name, and he further agrees to indemnify JILL and hold her harmless from any and all liability for same. 7 I, . . 10. War.ran~ as to FUture Ob~igations: JILL and GEORGE each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. Jfarita.l .Residaace and Other .Rea~ .Proper~: The parties own, as tenants by the entireties, real property located at 301 North 26th Street, Camp Hill, Cumberland County, Pennsylvania. The parties agree that the above real property shall be placed on the market for sale with a mutually agreed upon Realtor no later than March 1, 2007. JILL and GEORGE agree that they shall equally divide the net proceed from the sale of the home after payment of the balance of the mortgage, Realtor's fees and the costs of settlement. Further, JILL and GEORGE agree that they shall equally pay the capital gains tax, if any, on the sale of the home. Pending the sale of the property, GEORGE shall have sole and exclusive possession of the marital home, except for those times 8 when the parties agree that JILL can stay at the residence to go through personal belongings as per paragraph number 12 below. GEORGE further agrees to be solely and exclusively responsible for payment of the mortgage, taxes and insurance and any and all other costs and expenses associated with the marital residence. GEORGE further agrees to indemnify JILL and hold her harmless from any and all liability for same. In the event the marital residence is not sold before GEORGE leaves the area for his fourteen (14) week training with the National Guard, JILL agrees to facilitate the sale process; be responsible for payment of the utilities up to five hundred dollars ($500.00) per month; house-sit at the marital home, staying overnight two (2) to three (3) nights per week; and care for the lawn, maintenance and snow removal. Utilities shall include gas, electric, water, sewer and trash, cable and any charge for snow removal. GEORGE agrees to change the billing address of the utilities to JILL's address during his training. The parties also own undeveloped land in Keuka, New York with an approximate value of $40,000.00. JILL and George agree that GEORGE shall become the sole and exclusive owner of this land. JILL agrees to execute, upon request, a Deed transferring the land to GEORGE's individual name. 12. Personal Property: JILL and GEORGE agree that they shall divide their personal property between themselves. On 9 \' September 5, 2006, JILL and GEORGE will walk through the marital home together and discuss the distribution of the personal property. By October 6, 2006, JILL and GEORGE agree to make lists of items designated to each of the parties; items of a personal nature that JILL will remove as soon as possible; items which constitute "clutter" and should be removed before the house is placed on the market; and items which will remain until the house is sold. JILL and GEORGE agree that the final decisions regarding the personal property shall be made, and the removal of items shall occur, between November and December of 2006. If they are unable to agree to the property distribution, JILL and GEORGE agree to seek the intervention of their counselor or a mediator, or return to the Collaborative Law Process. GEORGE agrees to notify JILL in advance of scheduled work trips so that JILL can plan to stay at the marital home during GEORGE's absence to go through personal belongings. JILL and GEORGE may also make arrangements for days when GEORGE will not return to the residence until a specified time so that JILL has time to go through personal belongings while GEORGE is absent. JILL and GEORGE agree that GEORGE shall become the sole and exclusive owner of his premarital antique wooden boat and the trailer in his individual name, which have not been valued. The parties agree that the division of property as set forth above is mutually acceptable to them, and neither wants to have 10 this property appraised. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Bank AccOUJ'lts: The parties acknowledge that they have accounts at the following banks: (a) Sovereign Bank Money Market Account #1701030241 - joint names, with a balance on July 14, 2006 of $16,341.00; (b) Sovereign Bank Checking Account #1701028417 joint names, with a balance on July 14, 2006 of $1,550.00; (c) Sovereign Bank Checking Account #2331109478- JILL's individual name, opened after separation; (d) Sovereign Bank Money Market Account #2334082015 - JILL's individual name, with a balance on October 6, 2005 of $11,967.00; (e) PNC Bank Checking Account #5004979829 - GEORGE's individual name, opened after separation; (f) PNC Bank Savings Account #5004925425 - GEORGE's individual name, with a balance on July 14, 2006 of $20,337.00; (g) Sovereign Checking Account (K&E) #2331020701 joint names, with a balance on July 14, 2006 of $3,538.00. 11 JILL and GEORGE agree that JILL shall become the sole and exclusive owner of the Sovereign Bank Money Market Account #1701030241 ($16,341.00); the Sovereign Bank Checking Account #1701028417 ($1,550.00); the Sovereign Bank Checking Account #2331109478; and the Sovereign Bank Money Market Account #2334082015 ($11,967.00). The parties agree that GEORGE shall become the sole and exclusive owner of the PNC Bank Checking Account #5004979829; and the PNC Bank Savings Account #5004925425 ($20,337.00). JILL and GEORGE agree that the Sovereign Checking Account (K&E) #2331020701 shall be closed and the funds transferred to GEORGE's brother and sister-in-law for their children. The parties agree that these accounts shall be transferred as set forth in this paragraph within thirty (30) days of the execution of this Agreement. 14. Stock/Investments: The parties acknowledge that the following is a list of their stock: (a) Fidelity Account SBUX Stock - GEORGE's name, with a balance on July 14, 2006 of $36,834.00; (b) Fidelity Account Small Cap - GEORGE's name, with a balance on July 14, 2006 of $30,109.00; (c) Janus - joint names, with a balance on July 14, 12 2006 of $43,437.00; (d) Harbor Capital App - joint names, with a balance on July 14, 2006 of $27,801.00; (e) Vanguard 500 - joint names, with a balance on July 14, 2006 of $30,355.00; (f) American Funds - joint names, with a balance on July 14, 2006 of $3,470.00; (g) T Rowe Price - joint names, with a balance on July 14, 2006 of $19,199.00; (h) Exxon/Mobil Stock - JILL's name, with a balance on July 16, 2006 of $14,472.00; (i) Hershey Stock - JILL's name, with a balance on July 16, 2006 of $2,834.00; (j) Sovereign Stock - j oint names, with a balance on July 14, 2006 of $14,821.00. Within sixty (60) days of the execution of this Agreement, the parties agree that they shall equally divide the Fidelity Account SBUX Stock, the Fidelity Account Small Cap, Janus and the Harbor Capital APP. The parties further agree that JILL shall receive sixty-five percent (65%) and GEORGE shall receive thirty- five percent (35%) of the Vanguard 500 Account. JILL and George agree that JILL shall become the sole and exclusive owner of the American Funds Account, the Exxon/Mobil 13 Stock, the Hershey Stock, and the Sovereign Stock. The parties agree that the T Rowe Price Account will be managed by JILL as a TAP account for Audrey, their godchild. Within sixty (60) days of the execution of this Agreement, JILL shall contact T Rowe Price about converting the current account to a TAP account and she will find out if taxes can be paid directly from that account. If taxes cannot be taken directly from that account, JILL and GEORGE agree that each shall pay one-half (1/2) of the taxes. JILL and GEORGE agree to set up whatever on-line accounts they will need so that the stock/investments can be transferred as set forth in this paragraph within the sixty (60) day period. 15. Pension/Retireme.nt Senefi ts: The parties acknowledge that both have retirement benefits. JILL and GEORGE agree that JILL shall become the sole and exclusive owner of her retirement with The Best of America America's Future Annuity II, valued on March 31, 2006 at $150,311. 35; her Hershey Company ESSIOP with Vanguard, valued on March 31, 2006 at $58,777.82; and her Roth IRA with OppenheimerFunds valued on March 31,2006 at $27,794.00. GEORGE hereby waives any and all rights he may have to JILL's pension/retirement benefits, and he agrees to execute, upon request, any and all documents necessary to effectuate the terms of this Agreement. JILL and GEORGE agree that GEORGE shall become the sole and 14 exclusive owner of his retirement with The Best of America America's Future Annuity II with a value on March 31, 2006 of $161,140.00; his Roth IRA with Oppenheimer Funds valued on March 31, 2006 at $27,949.00; and his Barton Associates, Inc. Retirement Savings Plan with Mass Mutual Financial Group value on March 31, 2006 at $2,086.00. JILL hereby waives any and all rights she may have to GEORGE's pension/retirement benefits, and she agrees to execute, upon request, any and all documents necessary to effectuate the terms of this Agreement. The parties acknowledge that there are no other pension/retirement benefits. 16. .Motor Vehic~es: The parties agree that JILL shall have sole and exclusive ownership and possession of her 2006 Honda Accord currently titled in her individual name. There is no outstanding loan on this vehicle. The parties agree that GEORGE shall have sole and exclusive ownership and possession of his 2002 Subaru Outback currently ti tIed in his individual name. There is no outstanding loan on this vehicle. The parties acknowledge that the premium for their joint car insurance policy is paid in full until October of 2006. JILL and GEORGE agree to cooperate in acquiring individual car insurance 15 policies by the next payment period beginning in October of 2006. 17. After Acquired Persona.! Property: Each of the parties shall hereafter own and enj oy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 18. App~fcabf~fty of' 2'ax Law to Property 2'ransfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, wi thout recognition of gain on such transfer and subj ect to the carry-over basis provisions of said Act. 19 . Waf ver of Spou.sal Support, Alimony P.~deate Li te and Legal Fees: JILL and GEORGE waive any rights they may have to spousal support, maintenance and alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 20. Waiver of Alimony: JILL and GEORGE acknowledge that by 16 this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. JILL and GEORGE hereby waive, release and give up any rights they may respectively have against the other for spousal support, maintenance, alimony pendente lite and alimony. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 21. Income Tax Returns: GEORGE and JILL agree that they will file their 2006 Federal Income Taxes separately. They further agree to meet jointly with their income tax preparer to calculate each of their separate tax obligations and evaluate the value of the deduction for mortgage interest and real estate taxes associated with the marital residence (the "Property") . Acknowledging that GEORGE paid 100% of the mortgage and real estate taxes on the Property for 2006, but that JILL has a 50% interest in the Property, the parties agree to make an equitable allocation of the total tax benefit resulting from the Property mortgage interest and taxes between them. Any resulting agreed upon payment between the parties will be made by April 14, 2007. If the parties are unable to reach agreement, they will seek the intervention of their counselor or a mediator, or return to the 17 Collaborative Law Process to resolve the issue. JILL and GEORGE agree that they shall equally pay the capital gains tax, if any, on the sale of the marital residence at 301 North 26th Street, Camp Hill, Cumberland County, Pennsylvania. The parties will request, at time of settlement, separate 1099s for one-half (1/2) of the total sales proceeds and each shall claim one-half (1/2) of the capital gains on their tax returns. 22. Health Insurance: The parties acknowledge that JILL currently has health insurance for both of them. JILL and GEORGE agree to work together to ensure that GEORGE has thirty (30) days notice before the divorce is finalized to apply for his own medical insurance. 23. Full Disclosure: JILL and GEORGE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. (See attached Exhibit A) 24. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such 18 property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the pennsyl vania Divorce Code; c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 25. Waiver of Modification to be in wri ting: No modification or waiver of any of the terms hereof shall be valid 19 unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 26. Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 27 . Applicable Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 28. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29 . Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 30 . Other Documentation: JILL and GEORGE covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or 20 such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 31 . No Waiver on Defaul t: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. Severability: I f any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall .be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 33 . EnforcemSl2t of Agreement: If either party believes that the other party has breached any provision of this Agreement, 21 the parties agree to return to the Collaborative Law Process to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a party shall have the right at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 34. Headings Not Part of Agreement: Any heading 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. q}~~ ]~ JS?5~}. ~ 't.6~-/or. ~~ ~ Dawn S. Sunday, sq. ~t~~ GEORGE THOMPSON 22 Updated 09113106 u:m<EMENT DAn: IAMOUNT _. Jut 0.0_ ...........fOr - I.mlk . $. 11 ii';-...m Ir. $ .8 Roth IRA 3/31/4 $27. JiB total IRA's $ l.mjllr. $.b 0 Roth IRA $ Bartoa. 01 Ii: I total IRA's $ . Ir_~M~~aoq54aS. . I AmcriI:aD Life ( LiDe) lDSUI'aIICe poticv bamber 14..'i07'Q4 DOte: both ~ .. . pnor to.eeouatioo BANK ACCOUNTS DAn: AMOUNT - Jut 0.0_ ...-.. fOr _::.... Sowreip Sa~ 7/14/200fJ SI~Wl.(X S11oU1JJO _c-. 7/14/200lJ St...t;.'>O.( $1_.00 ~t:becaina(K&EaoooWlt} 7/1412006 $3,53800 (~C~ -allatter:"lq)lll'abOO , Geone SaVIDIUi -:'114/2()(1 '>20"':l17.()( S20.J37.00 Jill Checkinlr - ;)darter geDlU3.iioa , I JiB Savio 10/62 "lI, 7. S11.l.7.00 T STOCK - tNVESl'MENTS DAn: JOINT "-'" Jut 0.0..... ...........- - Jo-drlity AcaJunt S81IX Stoci: 7/14/_ 030.8'14-0< $3U3UI $115.4'7.00 $18""7.00 10/6/200 ';..nl.~r:."" Fidelity Accouot Small Cap 71l4/zoo< ."0.104.0( sa,1M.ad $14...'SO $'''.8501.50 I I IO/62()() '>2H_':"1o.2 : ! Fidelitv Account Mooev MaRel OO.OC 10 6/?On1 $1""'<:6M"] V...uard '100 7/14/ZOO< ....,........oc sasn.00 $1e.7M.oo $10.018.00 1:11-.1---.. .... ,.,. ."0"1 '."-' J.... 7/l4JZOO< $43.437.00 13I.M2..oo $1'.471.00 $'....71.00 10 6/2CV"W U.arboJ"(dpltaJ App ""/l4J2OCM S27 .801.00 .- $13.800.50 $13.800.50 lO6i20fl.l '>2M-"'!"I.:./. AmericaD Funas " :$3.47000 "315.00 3lI5.0Il TRmw: l'rice: i\IKII'e\'TAPaa:t.. "/141........ 'ICJ.l~ 10/6/201 EnoniMobU Stock ""Jlb/200!' RI.4.A7:t.()( aouroximateiv Z2.'l shares OIl S 64.1.)() "1m,"'" Uer.ibey Stock ""lib/ZOO '2,11340041 ".1300.00 $2.834.00 aPOl'O:mnatetv .'11 sbare.'I al S 'i-'1.'1b , .",,..,,, SowrritD Stock "1141_ "I4.Jt:ll.OlJ $12.3515.00 112.355.00 ".00 lIftnmximate!v 7't'~.sbares at $ 20...22 '-ria! on 7114 ()6~ I~r_ Reub I..&KJ IT-.. l~:~~'~=r..:r 1-:-1 I DAn: ;;;;jJOlNT ~ "1141> i '...,.,.0< I ! ~ I IJ~'30._.S5I~=....351 1~~Jm}AGFS What has to tlappen to spirt accounts? Fidetitv JIll aoes on-lIne ana Sell uo account Gecl"Q. lllreaov I'las an account Notanzed ietter ot instructIOn reQuestinq transnw- 'MttI botn slQf'Iatures Vanqard G~Q. ana Jill set UP new accounts ~ne Downklaa cn....qe of ownership form from weD5rte Set chanqe ot ~"up letter notanzed. needS both slQnaturws Janus GeorQe and JIll set uc new- accounts on-llO. Notanzecl leIrtIK' of instruction rll!lQuestlnq trllnster WIth bOth SfQnatures Hortx>, ~nzed Ien. of Instruction reau..unq *~p of new- !ICXOuntJ anti rElQuestmQ Irensfet"I5p111. Sover8lCln .....OfItnreo ITaMter of ovvnerst'lrD form, form Pn:Mdec' bv ~n GeorQa reauested thelorm on 7f2. - should be rec'd ,n 7 Clavs ~'" \ f' if I .~ II " 1/ A (J c ~ ~], ("} CI (-- ,-~~; :~ I --' .... ,...., c:::> c.::l .Cf" a ("") -i N + o "TJ ~:n r- :Z8 (,)(1 ~,;t~ (~jm :c-; iO>> ,0 -< ~ N c- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ClVILACfION - LAW GEORGE THOMPSON, Plaintiff . . : No. 0 ~ - 3 {) ~ d, Civil Term v. : IN DIVORCE JILL THOMPSON, Defendant ACCEPrANCE OF SERVICE I, JILL THOMPSON, Defendant in the above-captioned case, do hereby depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. 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. 7/~/OC. Date ~~ 8 s: 'lJrc (i1rl"':' ~~T? .c":: r-.' (/) ) i~3 ;z: --I .<' t-..:l c= = Q-. o (""') -f N .t:"" ~ ~ n,:D r- --om :fJC) .-..... ~1. ":-:1 <...1 -.:- -,'"j ~j :-n '70 csm ~ -< V -:"w- -<-. r:y .t:"" GEORGE THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW NO. 06.3586 CIVIL TERM JILL THOMPSON, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER ~3301 ecl OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under 93301 ( c ) of the Divorce Code was filed on June 23. 2006 and served on Julv 6. 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: /0;' I I tJl, G6o!p~ ~ PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 e c l OF THE DIVORCE CODE 1. J consent to the entry of a final Decree of Divorce without notice. 2. J understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: 10 /'l/o~ ~~~~ George Thompson (") ,...., ~ c g ~ c:r" -rJ1"'C 0 ~ '1J.t':' C"') I'll :!J -t c::; ;?:. N -nIt! (j) .- +:" :,fJ9 ::.< 'i)~?t I.~; t._ -s; -0 ~ ---CO! ~:-;.. ,. ~,1-' 0 .c:__ r- -~ ,)0,:11 ...-..... iS1 esP1 -- ---I ~ .. ~ GEORGE THOMPSON, Plaintiff V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3586 CIVIL TERM JILL THOMPSON, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~3301 ee) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on June 23. 2006 and served on Julv 6. 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: ID/laJo~ I . ~,j~n--. Jill Th m son - DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 e e ) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: '0/ I a/Ofp I I ~~\j~ Jill T m son , (") c ~ -06; ~r-'" i~gt >= ---- z(< ):> c=:' ?5 -< "" c:::> = CI'"' o n -, o -n ~'T1 nlp= -oiJJ :D~-' "'0.''''/ ~I! ~~ ~~~ f~ '1:';-- .:0 -< N .$:'" -0 ~ N .r::- GEORGE THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 06-3586 CIVIL TERM JILL THOMPSON, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant on July 6. 2006 (enclosed for filing). 3. Date of execution ofthe affidavit of consent required by ~ 3301(c) of the divorce code: by plaintiff October 11. 2006 ; by defendant October 13. 2006. 4. Related claims pending: none. all claims resolved by Marital Settlement Agreement dated September 25.2006 and attached to the Divorce Decree for incorporation. 5. Date Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: by plaintiff: Enclosed for filing; by defendant: Enclosed for filing. (~, Attorney for Plaintiff Dawn S. Sunday, Esquire ill # 41954 39 W. Main Street - Suite 1 Mechanicsburg, P A 17055-6230 (717) 766-9622 (") c 5: 'lJ tl, fTir-: :Z~' ;~~. ..<"~ '-. 0:;. _, ;:S ~. ~=- ~... :6-: _.--. ;; i'~~'- )>~~ 0<:... ~ l"-.:> = = 0"' o ("") -{ N .l:" o -n I':o nlFj; ::gtJ ~~~~ :~o am j;! :..0 --< -0 :3: ry .::- N ~~ ~ ~ ~ ~ ~~ ~ ~~~~ ~ ~ ~~ ~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ OFCUMBERLANDCOUNTY ~ PENNA. STATE OF GEORGE THOMPSON, No. 06-3586 Civil Term Plaintiff VERSUS JILL THOMPSON, Defendant DECREE IN DIVORCE AND NOW, ~'l\ 2006 IT IS ORDERED AND , ., GEORGE THOMPSON , PLAI NTI FF, DECREED THAT JILL THOMPSON , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; V~ The Marital Settlement Agreement, dated September 25, 2006 is hereby incorporated, but not merged, ATTEST: PROTHONOTARY ~ ~ ~ ~ ~~~~ ~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~~~ ~~ ~~ ~~~~ ~ ~ ~~~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" ~ ~ ~ ~ ~ ~ ~ ~ ~ J. ~ $ref~'" I> '1'./ /,k}. r'J 'Jo. ell (y~ fp f/- ~ ~'rJ 'IO.e.i/ ,. ,. " '.. '. .> .