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Home My WebLink About06-3852 . SAlOIS, FLOWER &. LINDSAY A.'.....................lAW 26 West High Street Carlisle,PA WILLIAM HOTHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0(,-3fSL ~ : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND DONNA HOTHAM Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Respectfully submitted, SAIDIS, FLOWER & LINDSAY By' ~ u Matas, Esquire Sup me Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FlOWER & LINDSAY 1U...........,.~...M.U.w 26 West High Street Carlisle,PA WILLIAM HOTHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. or..-3fS:z. CUM 1- DONNA HOTHAM Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. The Plaintiff is William Hotham, an adult individual residing at 537 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Donna Hotham, an adult individual residing at, 537 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 9, 1997, in Abbington, Montgomery County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. - SAlOIS, FLOWER & LINDSAY Ai'UBl'lIiI"'^-I.olAW 26 West High Street Carlisle,PA WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with 93301 of the Pennsylvania Divorce Code. Respectfully submitted, SAlOIS, FLOWER & LINDSAY Dated: 7!7i6( -II' ~ c-~j Mary (:)' atas, Esquire Attorney d.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff . . - SAlOIS. FlOWER &. LINDSAY l\1...........,.~.I.AlN 26 West High Street CarUsle,PA II VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsifications to authorities. Dated: 62006 0 6 /9 ~~ ~ ;::--j William Hotham ~~~ . ~ ~ ,~ \"e::f' '-""\ \.Iv 'X\ -, 0<::.1 C;, Co c..r, -- ~ ~ c V\ <::; !",-,) '" ~ -:.. ;::..:-, _J . ) "'1 ''; hl ,'; ........-' ~ SAIDIS, FI.OWER &. LINDSAY AI lu.rw:.fSeAT.1AW 26 West High Street Carlisle, PA 11 WILLIAM HOTHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. t}t; - 3 PSz- : CIVIL ACTION - LAW : IN DIVORCE DONNA HOTHAM Defendant AFFIDAVIT OF SERVICE I, MARYLOU MATAS, Esquire, being duly sworn according to law, hereby deposes and says that on July 12, 2006 she served a true and correct copy of the Divorce Complaint upon Donna Hotham by mailing those documents to her address at 537 Appalachian Avenue, Mechanicsburg, PA 17050 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, July 13, 2006. Respectfully submitted, SAlOIS, FLOWER & LINDSAY Dated: 7/2- 4-/ {){L; ~i~ Ma . tes, EsqUire Attorney .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff II - -. . c..... Itema 1, 2, end 3. NIIIo complete ... <4 If ReeIrtctlId DelIvery Is deInd. . MIl your neme and IIdc:h8a on the nMIl'I8 . bt we can return the C3d to you. . MIch this C3d to the b8ck of the maIIpIece, . .. the front If lIpIIIC8 permits. 1. AfIIIe AddlwIed to: ~~ i-fz>th~ 53'7 ~6.-IC\chIM Ave.. r'Y'ltuw.n tala WJ I pit } .,O':D MIiI RIUn RecIIpt for Ml..1IINl'" C C C.O.D. 4. RMtIIctiId ~ (&tnI Fee) 1(- .. --..... .....,......... .... fill ,... .11, ........, .. 700~ 1350 OD03 7265 '~55 DIIMIID ..... ....... ,_, ."'140 ... . - (" " c ::~ (T. j.,.. \_) r- ~ -< SAlOIS, ROWER & LINDSAY ATIDIlNlMMT.L\W 26 West High Street Carlisle, P A II WILLIAM HOTHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3852 DONNA HOTHAM Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed 07/07/06. 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: I t{ () cr cJ 6 "- c: =::> ~ f} ''"- =.J William Hotham PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 eel 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: / y" 0 c./ " , aCJ J-~ William Hotham - 2: S 2COn (") ~;:; ~ ,::;:> 0'" ~ ~;:::. \ f'..J o -11 :::\ _\- -Ii ',-n r:: ,..~'"'\f\\ .:>-:')~; .)5~\ :~r~ ~ ::<:. T'-!8" :;;: ,,0 (J> ..r;' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT 3- {d - 0 THIS AGREEMENT, made this day of Qu()l'yt , 2006, by and between WILLIAM HOTHAM, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND DONNA HOTHAM, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 9, 1997, in Montgomery County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and detennine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, --Page 1 ofl2-- Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. Wife has reviewed this Agreement and has had the opportunity to have the provisions of this Agreement and their legal effect explained to her by counsel but has chosen to proceed on her own, without legal representation and is entering into this Agreement of her own free will. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis ofthis Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, --Page 2 of 12-- nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Proverty: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Proverty: Each of the parties shall hereafter own and enjoy, independently of any claim 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. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' 2000 Saturn. Wife shall make no claim to Husband's access or ownership of said vehicle. It is believed that this vehicle is titled in Husband's name individually. In the event it is discovered that this vehicle is listed in the parties' names jointly, Wife will promptly execute any and all necessary documents to transfer these vehicles to Husband's name individually. --Page 3 of 12-- b.) Wife retained sole and exclusive possession of the parties' 2005 Dodge Caravan. It is believed that this vehicle is titled in Husband's name individually. There is a loan encumbering this vehicle, which loan is listed in Husband's name individually. Wife agrees to maintain sole responsibility for the repayment of said loan on a timely basis. In the event Wife fails to make payment on said loan each month as due in a timely basis, Husband shall have the right to take immediate possession of the vehicle. Husband's possession of the vehicle shall come after Wife's failure to make payment on that loan for two consecutive months. Upon sale of the real estate listed in paragraph 8 of this Agreement, Wife shall use her share of the proceeds to satisfy the remaining loan balance for this vehicle. 8. Real Estate: The parties own real estate located at 537 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania. This property is encumbered with a first mortgage due and owing to First Horizon Home Loans Bank requiring the monthly payment of $1,392.00 which includes taxes and insurance payments escrowed. From the date of execution of this Agreement forward, Husband shall maint'lin sole and exclusive responsibility for the repayment of the aforesaid mortgage and indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the property and Wife shall waive all right, title and interest in this property. In consideration for Wife's interest in the marital estate, the parties intend for Wife to receive proceeds from the sale of this real property. To accomplish that, Husband shall list this property for sale. The parties had the property appraised in approximately November 2005 for approximately $199,000. Husband shall list the house for sale on his own or with the assistance of a realtor using the appraised figure as a guide. Husband shall have exclusive control over the details of the sale of the residence. Wife shall cooperate with the signing of all necessary documents to facilitate a sale of the property. At the time of sale of the property, after payment of the applicable settlement fees and mortgage(s) and other required payments due, Wife shall --Page 4 of 12-- receive NINETY PERCENT of the remaining proceeds. Husband shall receive TEN PERCENT of the remaining proceeds. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. More specifically, Husband waives, relinquishes or transfers any right, title or interest he may have to the checking account or funds held therein in Wife's individual name with Commerce Bank. The parties own or have an interest in a savings account held in their names jointly at PSECU which represent husband's military earnings. The approximate date of separation balance of this account was $8000.00. The parties' intend to use the funds from this account to ready the house for sale or otherwise satisfy other marital debts. After the use of these funds which the parties expect to use in their entirety on or before the end of August, 2006. Husband shall retain the balance of any remaining funds in this account. Wife waives, relinquishes or transfers any right, title or interest that she may have to the funds held in this account. If it is discovered that other joint accounts exist, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. 10. Pension Interests: Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Wife's pension, retirement and/or 40l(k) account, with Holy Spirit Hospital as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. --Page 5 of 12-- Specifically, Wife hereby waives any interest she has in Husband's pension or retirement account through his employment with the United States Army Reserves. In addition, Wife hereby waives any interest she has in Husband's pension, retirement and deferred compensation account through his employment with the P A State Police. 11. Investment Accounts: Husband and Wife each maintain that they do not own any investment accounts, not previously identified herein as pension or retirement accounts. 12. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Each party shall pay the outstanding debts as set forth herein and further shall indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Spousal Support. Alimonv. Alimonv Pendente Lite. and Spousal Maintenance: a.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. b.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. 15. Tax Dependencv: The parties are the parents of two children, namely Brianna Marie Hotham, born December 16, 1998, and Adam Pierce Hotham, born November 23, 2001. The parties hereto agree that each shall claim one of the above-named children as a dependent for income tax purposes, with Husband claiming Brianna and Wife claiming Adam. At such time as Brianna no longer qualifies to be claimed as a dependent by either party because of her --Page 6 of 12-- emancipation or other event, and so long as the parties continue to share joint physical custody of Adam for at least six (6) months of any tax year, the parties will alternate the right to claim Adam as a dependant for income tax purposes with Wife claiming Adam for odd numbered tax years and Husband claiming Adam for even numbered tax years. 16. Militarv Stipend: Husband is employed through the United States Army Reserves. When Husband is mobilized he receives a $500.00 per month Military Stipend. Only in the event of mobilization and only for the period of mobilization, Husband agrees that this Military Stipend shall be paid to Wife for the express and sole purpose for the payment of the children's daycare expense. This payment of Military Stipend shall begin when the state starts making this contribution and shall end at the end of Husband's mobilization. This Military Stipend is to be used for the children's daycare expense only. If the children do not have a daycare expense, Wife shall not receive this Military Stipend. If the children's daycare expense exceeds $500.00 per month, Wife shall receive the total Military Stipend for that month. If the children's daycare expense is less than $500.00 for that month, Wife shall receive the total $500.00 per month, but shall use only the amount necessary for daycare. The remaining balance shall be placed in a savings account to be returned to Husband upon his return from mobilization. 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims 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, --Page 7 of 12-- whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or ( c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under ~3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 18. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 19. Non-Comvliance: If either party fails to comply with any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such non-compliance, in which event the non-complying party shall be responsible for --Page 8 of 12-- payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 20. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. ofthe Commonwealth of Pennsylvania, and as amended. 21. Summary of Effect of Aweement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 23. Mutual Cooperation/Duty to Effectuate Agreement: 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. --Page 9 of 12-- 24. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or 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 her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 26. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict-performance of any other obligations herein. 27. 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Waiver or Modification to be in Writing: No modification or waiver of any of the --Page 10 of 12-- terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 30. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 31. Governin~ Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: CY3 D3Jtp Date joo~ tJ(O.:5 Date --Page 11 of 12-- I verify that the statements made in this Separation and Property Settlement Agreement 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 falsifications to a utho rities. /Z---r ~ --/. William Hotham I verify that the statements made in this Separation and Property Settlement Agreement 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 falsifications to authorities. ~~ --Page 12 of 12-- 'AUG 0 9 2006 (~) ,........, . ~ :"I ('" ::Ti ~~2 \.) Ul (:_~! <>~. ""-: '~ ~" co) ,--I SAlOIS, FlOWER & LINDSAY KfIORNEYS.AT.IAW 26 West High Street Carlisle, PA 1\ WILLIAM HOTHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3852 DONNA HOTHAM Defendant : CIVIL ACTION - LAW : I N DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed 07/07/06. 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 false' cation to author.itifs. // \. ( '. / / . I , ".1- .1" ,\ t( ~ Date:~ ~ " (LV'- Hotham ' DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 eel 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 un~()rn falsification to authorities. (' / ~, .~~ Date: 10\ L '1 \ O\p o f.' ......~" t':":'..J () -n ::;-! (J"; i""",) C,) ..'~' ....... .. SAlOIS, FLOWER & LINDSAY AlTORNEYS.AT.IAW 26 West High Street Carlisle, PA WILLIAM HOTHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3852 DONNA HOTHAM Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on 7/24/06, via affidavit of service. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 10/14/06 and filed with Prothonotary on 11/02/06 By Defendant: 10/24/06 and filed contemporaneously herewith 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated 08/03/06 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 10/14/06 and filed with Prothonotary on 11/02/06 By Defendant: 10/24/06 and filed contemporaneously herewith "''')i II.,,' I tVtt! \~ t__IVl ().{lV) Maryro~)1.atas, 'Esquire SAIDIS~-SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: i i / i Ii / C-, ~ .;;~ :j::: 01 r:'? (..i.) --".'''' "''- ;",; :< -- ;+: ;+: ,., :Ii :Ii:+l '" :+l '" :Ii "''''''':Ii "':Ii;+; Cf.;+;;+;:+l :Ii"':+l"':f.:+l IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. WILLIAM HOTHAM No. 06-3852 VERSUS DONNA HOTHAM DECREE IN DIVORCE AND NOW, N&,u..~~~< 1\ WILLIAM HOTHAM , 1..0~~ , IT IS ORDERED AND DECREED THAT , P LA I NT IFF, AND DONNA HOTHAM , DEFENDANT, 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; The terms of the Separation and Property Settlement Agreement dated August 3,2006 are incorporated, but not merged, into this Decree in Divorce. !f. PROTHONOTARY By THE COURT: ~k ATTEST: ~ 1 .. !f.!f.!f.:f. !f. :f. !f.:f.:f. !f. :f.:f.:f.!f.!f.!f. !f.!f.!f.!f. !f. !f. '" !f.!f.!f.!f.!f.!f.!f.!f.!f.;+;!f.!f.!f.!f.!f.:f.!f. !f.!f.!f.!f. J. .,tP .? ~ ~u, ~'le'l( ~ y ~ ~~'r'l "J{J./t'.IJ .. .. ~ , . .. .' .. . ~