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HomeMy WebLinkAbout06-5819 THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. a - SJ'I? (l,~;L~~ JOANN BAKER, DEFENDANT CIVIL ACTION - 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~ - SPli e;ul:L ~~ JOANN BAKER, DEFENDANT CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Thad B. Baker, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and represents as follows; COUNT I DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Thad B. Baker, who currently resides at 14 Gunpowder Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and has resided there since on or about December 2000. 2. Plaintiffs Social Security No. is 031-66-8044. 3. Defendant is JoAnn Baker, who currently resides at 14 Gunpowder Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and has resided there since on or about December 2000. 4. Defendant's Social Security No. is 028-60-8533. 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on February 25, 1995, at Duxbury, Massachusetts. 7. There have been no prior actions of divorce or for annulment between the parties. .. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff avers that there are children of the parties under the age of 18, namely: Kelsey Ann Baker, born May 15,1997; Ryan Wayne Baker, born November 19,1998; and Alexa Faith Baker, born August 12,2002. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are incorporated by reference herein. 12. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court equitably distribute the marital property after an inventory and appraisement has been filed by the parties. SMIGEL, ANDERSON & SACKS, LLP Date: By: Jam s R. 443 h Front Street Harrisburg, P A 17110 (717) 234-2401 Attorney for Plaintiff VERIFICATION I, Thad B. Baker, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 9 . ~ '\ . Otp ~td ~/ Thad B. Baker (::) ~i "- ~ ~ ~ ~~ r ~ '6g. ~ ~ "S ~ D ~ aD ~ Q () \ \ I :-0 ~~p=: ~~ t~ \...Lv..::::.. .. 1'-.;) C) C::,", {~~- z:~~ t,' c) c:: -.....j f .... 9 l...) - Cj , , THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 06-5819 CNIL TERM JOANN BAKER. DEFENDANT CNIL ACTION - DNORCE ACCEPT ANCE OF SERVICE I, loann Baker, service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code in the above-captioned matter. Date: 101 \() \0 LP ~~ --" ~ . , ,QJL 1. a aker 8 ;;;: l) 6] !:pL:c =;~. ~~:' <- ~~~:" --1.." '):.'hcw Z ~ f"-,;) c::::. c::::. t::r' o n -I ~ ~ ffl::D ]3~ qJ -.1:-d (':)-- ~'-(J Om ~ ~ =< \.0 v :.x <f! w :. ~ THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5819 CIVIL TERM JOANN BAKER, DEFENDANT CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on October 4,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: I /15/~~? ~~~ Thad B. Baker, Plaintiff r--.) = = ..... <- > z ~ -I I-n mf;; ::gc? qCl -~'l: ~} ':',)i..l >'::n1 ~ ~ N N v -..... ~ .r:- OO /JRD/smtl/January 10,20072:55 PM 40 THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5819 CIVIL TERM JOANN BAKER, 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 11/i'ltJ ? ~JJ:~ Thad B. Baker, Plaintiff <2 -~."" ,:~l :;"\~" I:.!,,;.'. ~ ~ <- -pt" :.z: u} (~ ~ -0 ~,1'" ~ ~ ~:o f'rt r-::-, -olb -0 . (~-'~ c::) 0;~'s ''7,1'1 <5 __I ~ ~ - .' .- OJ " .. J .. THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5819 CNIL TERM JOANN BAKER, DEFENDANT CNIL ACTION - DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301(c) ofthe Divorce Code was filed on October 4,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date:~o7 -1;' ~-;) ~ Go ,!:;r )) . ~nn Baker, Defendant (") ~:; -n ;?:~ ;.".' '-~ Crlr1" ':-7 M! zC ~~. >"~~ ~ ... ~ = = --' o 11 -i ~';:I! "F,1 36 ~'~:B 20 :':;:51'11 ~ ?:6 =-< <- ;po % N N ~ - .. .s:- o:> /JRD/smt//January 10,20072:58 PM ~ -' .,. , 4 THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5819 CIVIL TERM JOANN BAKER, 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date:-4 rz/ () 7 ."1 1,/ ! l) ..1'~- t~t JQ nn Baker, Defendant ,...;) = = ....,j c.... :;po. z ~ ~, :!J l"l, .on: :n v O-S ::i~f' )'-lJ 'c? 0 ~5m :;;: "'n ,=-< N N :2 _;:1-,. r 00 .. MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this l' ~ay of N~ , 2006, by and between JoAnn Baker ("Wife") - AND - Thad Baker ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on February 25, 1995, at Duxbury, Massachusetts; WHEREAS, three (3) children were born of this marriage; said children being: Kelsey Baker, Ryan Baker and Alexa Baker; 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 for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; 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 the foregoing 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 ofthe parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes le~ding to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 06-5819. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry ofa Divorce Decree in the aforementioned matter 90 days after service of the Divorce Complaint. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Divi~ion of Property. Husband and Wife agree that the following constitutes an equitable distribution ofthe marital property. A. HIJ~hand'~ Property. The following property shall become the sole and exclusive property of Husband: 1. All right, title and interest in the property and lot situate at 14 Gunpowder Road, Mechanicsburg, P A 17050; 2. All right, title and interest in Husband's American Funds SEP IRA account #5143; 2 3. All right, title and interest in any and all checking, savings and money market accounts owned in Husband's name; 4. All right, title and interest in the Toyota Sequoia titled in Husband's name; 5. The sum of six thousand seven hundred eighty-five and 08/100 ($6,785.08) dollars that Husband received from the parties' joint Citibank mutual fund account on or about October 10, 2006, which account was subsequently closed; 6. All right, title and interest in Husband's Citigroup Smith Barney Roth IRA account #76824-16; 7. One half of the remaining balances from the parties' joint PNC savings account #4555 and checking account #6489, which the parties shall close on or before December 15, 2006; 8. All right, title and interest in any and all of Husband's employment benefits, including but not limited to retirement benefits, unless otherwise specified in this Agreement; and 9. All right, title and interest in all personal property to be retained by Husband pursuant to the agreement of the parties. B. Wifp'll Propprty. The following property shall become the sole and exclusive property of Wife: 1. All right, title and interest in the 2002 Mitsubishi Spider Eclipse GT convertible titled in Wife's name; 3 1 i: 'J 2. All right, title and interest in Wife's Citigroup Smith Barney Roth IRA account #76825-15; 3. All right, title and interest in any and all savings, checking and money market accounts owned in Wife's name; 4. The sum of twenty-five thousand six hundred nineteen and 29/100 ($25,619.29) dollars that Wife received from the parties' joint Citibank mutual fund account on or about October 10, 2006, which account was subsequently closed; 5. The sum of forty-four thousand three hundred eighty ($44,380) dollars to be paid from Husband to Wife within thirty (30) days of the date of execution of this Agreement; 6. One half of the remaining balances from the parties' joint PNC savings account #4555 and checking account #6489, which the parties shall close on or before December 15, 2006; 7. All right, title and interest in any and all of Wife's employment benefits, including but not limited to retirement benefits, unless otherwise specified in this Agreement; and 8. All right, title and interest in all personal property to be retained by Wife pursuant to the agreement of the parties. C. Childrpn's Prnpprty. The parties acknowledge and agree that each of the children has a 529 college education investment account and an American Funds Coverdell 4 college education investment account. Those accounts shall be held for the sole and exclusive use and benefit of the children. D. Satisfactory Division of Marital and Non-Marital Property, Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), emplo~ent benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The parties acknowledge that they are the owners of the property and lot situate at 14 Gunpowder Road, Mechanicsburg, P A 17050 (hereinafter "Marital Home"). Husband shall become the sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to the Marital Home. Wife shall, concurrent with execution of this Agreement, execute a deed transferring all of her right, title and interest in the Marital Home to Husband, which deed shall be prepared by Husband's counsel. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Home shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively 5 responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Home. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband ~ll costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4. Ia.x.e.s.. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties have agreed to jointly file their federal income taxes for the year 2006. The 2006 tax refund, if any, shall be divided between the parties equally, with each party receiving fifty (50%) percent of the tax refund. If additional federal income taxes are owed, each party shall pay fifty (50%) percent of the total taxes owed. 5. Arlttitional not'lImentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 6 6. Transfers Suhjei't to F:xiding T ,iens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Representations and Warranties, The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which t~ey have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. F:quitahle nivision. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to 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. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Rights, Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 10. A fter-Ai'qnired Property. Each of the parties shall hereafter own and enjoy 7 independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. D.ehts.. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date ofthis Agreement they have ~ot incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 12. T ,iahilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Connspl Fpps, Costs and F,yppnsps. Each party shall be responsible for his or her own 8 . . legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their mamage. 14. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the .nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 15. Child Support. A. Wife shall pay for all of the children's clothing until the children shall complete high school, become emancipated, marry, die or attain age eighteen (18), whichever first occurs. Each party shall pay for the children's everyday expenses, including but not limited to food, housing and activities, while in the party's care and custody. The parties shall each pay fifty (50%) percent of the cost for Alexa's preschool program. B. Unreimbursed medical and dental expenses shall be divided between the parties with Husband paying fifty (50%) percent and Wife paying fifty (50%) percent. Husband shall pay for one hundred (100%) percent of Kelsey's necessary, unreimbursed orthodontic expenses. If Ryan needs orthodontics, Wife shall pay for one hundred (100%) percent of Ryan's necessary, unreimbursed orthodontic expenses. If Alexa needs orthodontics and Wife is paying for or has 9 already paid for Ryan's unreimbursed orthodontic expenses, the parties shall each pay fifty (50%) percent of Alexa's necessary, unreimbursed orthodontic expenses. If Alexa needs orthodontics and Wife was not required to pay for Ryan's unreimbursed orthodontic expenses, Wife shall pay for one hundred (100%) percent of Alexa's necessary, unreimbursed orthodontic expenses. C. Both parties acknowledge that the provisions herein made for the support, maintenance and education ofthe children are fair, adequate, reasonable and satisfactory to them. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the present custody arrangement, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. D. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that in odd-numbered years, beginning in 2007, Husband shall claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Kelsey and Alexa and that Wife shall claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Ryan. In even-numbered years, beginning in 2008, Husband shall claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Alexa and Wife shall claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Kelsey and Ryan. If, due to any change of circumstances, one (1) of the children is no longer eligible to be claimed as a dependent for tax purposes, the parties shall each claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for 10 , . one (1) of the remaining children. If, due to any change of circumstances, two (2) of the children are no longer eligible to be claimed as dependents for tax purposes, the parties shall each claim the u.s. Individual Income Tax and any other federal, state or local income or other tax exemptions for the remaining child in alternating years. Neither party shall interfere in any way or take any step or do any act that would interfere with the other party securing the benefit of such tax exemptions. 16. CoJleee Rdnl'9tion Investment Al'l'onnts. Beginning January 1, ~008, Wife shall contribute at least seventy-five ($75.00) dollars per month to each of the children's American Funds Coverdell college education investment accounts. This obligation shall continue for each child's respective account until each child shall complete high school, become emancipated, marry, die or attain age eighteen (18), whichever first occurs. Husband shall be the custodian of the children's college education investment accounts and shall, at Wife's request, provide copies ofthe account statements to Wife. 17. Cnstody. A. The parties agree that the legal custody of their children shall be joint, with both parties having the right to make major parenting decisions affecting each child's health, education and welfare. The parties shall share physical custody of the children in accordance with a schedule as mutually agreeable between the parties. During such times as each child resides with the parties as set forth above, the parent having physical custody shall be responsible for all aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. 11 B. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. 18. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or per entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 19. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 20. Tndemnifil'ation. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the 12 other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be per~ormed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party that might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. Gpnpral Provhdons. 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. 22. Fair and F.qnitahle c.ontents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection or has independently declined to be represented by counsel. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result 13 of any collusion or improper or illegal agreement or agreements. 23. Rreal'h. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 24. F,XPl'ntion ofnol'nment~. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 25. Modifil'ation. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each ofthe parties hereto. 26. Severahility. 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. 27. Applil'ahle T ,aw. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. Agreement Not to he Mer~ed. This Agreement may be filed with the Court for incorporation into the 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 14 , . released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~ Thad Baker -Jo~ B,~ JoAnn Baker 15 COMMONWEALTH OF PENNSYL VANIA 55. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Thad Baker, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this ---1"1~ day of N~~ , 200~. .- 2h ,. My Commission Expires: Notarial Seal Vicky L Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission Expires lan, 6, 2007 Member, Pennsylvania Assoclatlooof Notanes COMMONWEAL TH OF PENNSYL VANIA COUNTYOF Yof'~ 55. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, JoAnn Baker, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this / 'I-!::.-( day of ~(/t/f))c. r ' 2006.. L~ --' NOt'~~ My Commission Expires: 1'0/2001 COMMONWEALTH OF PE;'If'j~'YLVt\NIf\ NOTARIAL SEAL JARRETT L McAlICHER, Notary PubUc Fairview Township, York County My Commission Expires Apr. 18. 2009 t...___ 16 ... ~... <;) ::.-~... ~ .::.:::;;., ,.:C;::> -.,.....} ~ ..... X." nl~- ,- -(11 -;1 ~;,C) ~~:-4 {:~ ~:~;.W (:=.)111 .;---1 > "0 ~ N N '"1~ -' ...;:7, .$-- . ," ....,J /JRD/smtl/January 19, 2007 9:34 AM THAD B. BAKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO. 06-5819 CIVIL TERM JOANN BAKER, DEFENDANT CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served via First Class mail on the Defendant on October 10, 2006. A copy of the Defendant's signed Acceptance of Service..is attached hereto. ~"'. 3. (a). Date of execution of the Affidavit of Consent required by S3301(c) of the Divorce Code: by Plaintiff, January 15,2007; by Defendant, January 12, 2007. (b)(l). Date of execution of the Affidavit required by S3301(d) of the Divorce Code: N/A; (b )(2). Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: None. 5. (a). Date and manner of service of the Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: N/A. 9114-1-4 (b). Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. SMIGEL, ANDERSON & SACKS, LLP Date: '1/1/07 D---2 el, Esquire LD.#: 90918 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5819 CIVIL TERM THAD B. BAKER, PLAINTIFF JOANN BAKER, DEFENDANT CIVIL ACTION - DNORCE ACCEPT ANCE OF SERVICE I, loann Baker, service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code in the above-captioned matter. Date: 101 \~ \0 lo ~~ ~ih .1 a aker ~ = <::.:::> -.J '- ;.t:2'l<1 Z o "1'1 :r!" mp -l~1 rll ~i~ '....j :;::l 5.j -< N .;::- ~ - N N '" '" '" '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY 'DfAD B. BAKI!R PENNA. STATE OF No. 06 - 5819 PIAlN1'IFF VERSUS JOANN BAKI!R DEFEHlANI' DECREE IN DIVORCE NOW~ ~O 2007 AND , IT IS ORDERED AND '" DECREED THAT ThadB. Baker , PLAI NTI FF, JaAnn Baker , 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; None It is further ORnRRFn and DFY"'RRRn t-h;::)t- the Mrlrri ;::)9"" ~t-t-ll'>lTlPnt- l.~eement executed by and between the parties dated November 1 6, 2006, is incorporated by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to v " '" '" '" '" J. '" '" '" '" '" '" '" PROTHONOTARY "'''' '" ~ ~ ~ ~ ~ ~ .z/fr':7- ~ ~/?, CO (J~ ./ ~ ftr ~ ~ ~J . rJ (.0- or-/