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HomeMy WebLinkAbout02-4662JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL CIVIL ACTION - LAW ACTION FOR DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHT~ 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 fights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list &marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. iF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAy LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800~990~9108 _04662 P A' _ .To. 2OO2 _ ~KNNSyLVANI ' COUNTY OF sheriff or DepUty sheriff who being that he made a diligent search and sheriff's CostS: Docketing Out of County surcharge Dep York county 18.00 9.00 10.00 24.38 .00 io/o9/ oo suSAN KAY cANDIELLO sworn and subscribed to before me ~ A.D. sheriff He therefore pennsylvania' to duly sworn according to laW, sayS, to and inquiry for the within named ~ but was unable to locate ~ in his bailiwick'  county, deputized the sheriff of ~ serve the within coMPLAINT - DIvoRCE attached return fr°m YORKtOwn/ COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAiNTIFF/S/ 3 DEFENDANT/S/ SERVEAT INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TI'~U 12 DO NOT DET~ ANY COPIES Jeanette E. Ressler il 4?' TYPE OF V0~IT OR COMPLAINT Clifford M. Ressler C~uplaint in Divorce 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION ETC. TO SERVE OR DESCRIPT ON OF PROPERTY TO BE LEVIED ATTACHED, OR SOLD Clifford M. Ressler 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) POE: Brockway Standard Corporation 599 Davies Drive York, PA 17402 7. INDICATE SERVICE: O PERSONAL E~ PERSON IN CHARGE ~,'DEPUTIZE ~ CE~__M~I_L_.= O 1ST CLASS MAIL O POSTED r~ OTHER NOW Sept~ber 30 ,20 I, SHERIFF OF'!~II[IK COUNTY, _PA, ~ hereby deputize the sheriff of York __ __ _ COUNTY to execute t.~f~j~_ aLe_ ~t_urn t~,e~J:~cording to law. This deputization being made at the request and risk of the plaintiff. '~ ~SH~~. CO~ 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT 'vMLL ASSIST iN EXPEDiTiNG SERVICE: C~nberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in cus ody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shedffs sale thereof TELEPHONE NUMBER 11. DATE FILED 796-1930 9-27-02 TYPE NAME and ADDRESS of A~rORNEY / ORIGINATOR and SIGNATURE 10. SUSAN KAY CANDIELLO 5021 E. TRIN~IJE RD. STE 100 MECHANICSBURG, A 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be comp~'e~e~}i~n0otice is to be mailed). CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW 11'aS LINE , 13. I acknowledge receipt of the writ 14 DATE RECEIVED 15. Expira~onlHearing Date or cOmplaint as indicated above. R. AHRENS 10-1-02 10-27-02 16 HOWSERVED: PERSONALS/) RESIDENCE( ) POSTED( ) POE~ SHERIFF'SOFF~CE( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because am unab e to ocate the individual, company, etc. named above. (See remarks betew.) ~18 NAME~AN D T~J.~ QF ~INDIVI DUAL.J~E~VED.4/.,~/~n~__O LIST ADDRESS H ERE IF NOT SHOWN ABOVE (Relationship to Defendant) I 1,t~/~' ~O~9' Data of ~etvice IJ 20j/~/'~7/OI~T me of Sejvi ,c~.~, 21.ATFEMR - Tir~e Mile~' In~' Date Time Miles Iht Date Time Miles Iht Date Time Miles Int Date Time Miles Int Date Time Miles Iht, I I I I 41. AFFIRME~t ~subscribed to before me thi MEuL, I subscitbed~ 44, Signature of ~O ANSWERS 42 day ~t.~j~,4_~.~~ -~ Dep. Sheriff [ ~ ff_o~ ..... ~ ~6 SignatureofYa~ 50 I A~KNO~EDGE RECEIPT OF THE SH~RIF~RETU~ SIGNATURE O~UTHORIZED ISSUING AUTHORI~ AND TITLE 3 Surch 32 Tot Costsl 33 COS ~ lO '7'~ ~ostage 28 Sub Total 30. Notary . g tsOue Refund ecL N~. .00 10-4-02 49 DATE JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO'o.~ - </66~_CIV~L TE~V~ CIVIL ACTION - LAW ACTION FOR DIVORCE ~COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JEANETTE E. RESSLER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. I. Plaintiff is JEANETTE E. RESSLER, an adult individual, who currently resides at 4254 Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025, and has resided in Cumber/and County for over one (1) year. 2. Defendant is CLIFFORD M. RESSLER, an adult individual, whose address is presently unknown, but who is presently employed at Brockway Standard Corporation, 599 Davies Drive, York, York County, Pennsylvania, 17402. 3. 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. 4. The Plaintiffand Defendant were lawfully married on November 28, 1964. 5. There have been no pr/or actions of divorce or for annulment between the parties except this Complaint filed for divorce. The marriage is irretrievably broken. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. Services. Neither Plaintiffnor Defendant was a member of the United States Military 9. Plaintiff and Defendant have four (4) children from their marriage, DARREN L. RESSLER, born on April 16, 1965, CLIFFORD MALCOM RESSLER, JR., born on June 9, 1966, DAVID EARL RESSLER, SR., born on November 8, 1968, and BRIAN MATTHEW RESSLER, bom on April 19, 1972. The parties' children are all of the age of majority and are not a part &this action. ~COUNT I - REQUEST FOR NO-FAULT DIVORce; UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date off'fling of this Complaint, Plaintiff, JEANETTE E. RESSLER, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II - RE UEST FOR SPOUSAL SUPPORT AND/OR ALIMONY UNDER SECTIONS 3701 a and 3702 OF THE DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. Plaintiff is unable to sustain herself during the course of litigation. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Plaintiffrcquests the Court to enter an award of spousal support until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff, JEANETTE E. RESSLER, respectfully requests the Court to enter an award of spousal support until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. COUNT/II - RE UEST FOR E UITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 a OF THE DIVORCE CODE thereto. 16. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of ail relevant factors. WHEREFORE, Plaintiff, JEANETTE E. RESSLER, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Dated: September ogC.~, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. PA I.D. # 64~8/''~ 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge,/nformation, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT .' IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-4662 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE TO THE PROTHONOTARY: Please file the attached Sheriff's Return (for service of the Complaint in Divorce) in the court file for the above captioned divorce matter. Respectfully submitted, Dated: November ~.,~2-~? 2002 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candtell6g,L~ire -' - Counsel for Plainltif~ PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04662 r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESSLER JEANETTE E VS RESSLER CLIFFORD M R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RESSLER CLIFFORD M but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On October 9th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 24.38 .00 61.38 10/09/2002 So answers R."/Thomas Kline < Sheriff of Cumberland County SUSAN KAY CANDIELLO Sworn and subscribed to before me this day of A.D. Prothonotary COUNTY OFYORK ,CE OF THE SHE,riFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE ' I PROCESS RECEIPT and AFFIDAVIT OF RETURN Jeanette E. Ressler 1. PLAINTIFF/S/ 3. DEFENDANT/S/ SERVICE CALL (7~7) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE ! THRU 12 DO NOT DETACH ANY COPIES , ~-u~u~vil 4~' TYPE OF W~IT OR COMPLAINT Clifford M. Ressler Complaint in Divorce sI=RVE /' 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESORIP'rlON OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Clifford M. Ressler 6. ADDRESS (STREET OR RFC WITH BOX NUMBER. APT. NO., CITY, BORO. TWP., STATE AND ZIP CODE) AT POE: Brockway Standard Corporation 599 Davies Drive York, PA 17402 7. INDICATE SERVICE: CI PERSONAL [3 PERSON IN CHARGE ~,'DEPUTIZE [3 C_F_.~T. _M~II_ ~ O IST CLASS MAIL O POSTED O OTHER NOW __ ~epr~er 3u ___, 20 u~ l, SHERIFF OF~ COUNt, PA, d~ hereby deputize the sheriff of .~ York ..... COUN~ to execute t~ke return t~cording to law. Th~s depubzabon being made at the request and nsk of the pla~nbff. ~ ~~~~ SHERIFF OF ~COUN~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE; ADVANCED FEE PAID BY SHERIFF C~nberland 0UT 0F COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lewing upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of lew or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAMEandADDRESSofATTORNEY/ORIGINATORandSIGNATURE 110. TELEPHONE NUMBER 11. DATEFILED SUSAN KAY CANDIELLO 5021 E. TRIN~IJE RD. STE 100 MECHANICSBURG,I~A17nmnmm 796-1930 9-27-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be comp~(ecYi*f'~'~fice is to be mailed). CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF ~ SHERIFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt ofthewrit or complaint as indiceted above. R. AHRENS 14. DATE RECEIVED 10-1-02 15. Expiration/Hearing Date 10-27-02 16. HOW SERVED: PERSONAL'I//') RESIDENCE ( ) POSTED ( ) POE ('~X)' SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. CI I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. ~AMEANDT~;LE~F~UAL~R`)/ED~4L~TA~DRE~S~E~E~FN~T~WNAB~E(~e~a~n~hip~9~fendan~) I lg. Dat, of~ervice, 20. Time of Se~vide ~1. A'l-rEMl:~l~atg I Tir~e rMile[I In{T 1 Date I T~me I Miles I Int. I Date I Time I Miles I Int. I Date I ~me I M,es I Int. I Date I Time I M,es I Int. I Date [ Time I Miles I Int. I I I I I I I I I I I I I I I I I I I 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 75.00 18.00 4.38 22.38 34. Foreign County Costs I 35. Advance Costs 36. Service Costs 37. Notary Cert. I 38. Mileage/Postage/Not Found 39. Total Costs I 41 AFFIRMEO,~4~.subschbed to before me this ~ . :~O ANSWERS ' UL, I . . -- t 44. Signature of -.,"3 ...~~~.~ ~~'HoAr~FLF~,~;~rkl CN ~ ufa j0~;joY6~"~ J ~ "~' ~:~ ~_t[ ~j~f~.-Signature of Y6~/HOSE 50. L~_?~DGE RECEIPT OF THE S"["'F~RETU~ SIGNATURE I 5~. DATE RECEIVED U~U~HOHIZED ISSUING AUTHORI~ AND TITLE I 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Cosls Due Re~n~r~eck NO. 2.00 24.38 40. Costs Due or Refund 47. DATE 10-4-02 49. DATE I. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office ,MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this ~-~-day of -- ~, 2004, between JEANETTE E. RESSLER and CLIFFORD M. RESSLER.~--~ by and RECITALS Wife's Birthday and Social Security Number: Husband's Birthday and Social Security Number: Date of Marriage: November 28, 1964 February l2, 1945 February g, 1944 192-34-5856 176-34-8584 Place of Marriage: Lemoyne, PA Last Marital Residence: 4254 Wertzville Road, Enola, Cumberland County, PA Date of Separation: September 10, 2002 Children: DARREN L. RESSLER, born on April 16, 1965 CLIleFORD MALCOM RESSLER, JR., born on June 9, 1966 DAVID EARL RESSLER, SR, born on November 8, 1968 BRIAN MATTHEW RESSLER, born on April 19, 1972 Pending Court Proceedings: None Divorce Court of Common Pleas No. 02-4662 Civil Term of Cumberland County, Pennsylvania WItEREAS, 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 hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitabie distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereai~er, live separate and apart. They shall be fi'ee fi.om any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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 or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes fi.om any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out &the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations &whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate fi.om any and all rights, claims, demands or obligations arising out of or by virtue &the marital relationship of the parties or otherwise, whether now existing or hereal~er arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other &which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge fi.om all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. 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. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and Richard K. Konkel, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal fights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and sig.ned by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations oftbe parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, remm receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Richard K. Konkel, Esquire, at 102 East King Street, York, Pennsylvania, 17403, or such other address as Husband from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federai or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms &this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other fi.om all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as fi.om all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. ,,EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter 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 any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 7 2. MOTOR VEItICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1998 150 truck, titled in Husband's name alone, shall hereafter be the sole and exclusive property of Husband. The loan on this vehicle is a joint loan in both Husband and Wife's names. Husband has paid off.this loan in full. Husband agrees to be solely responsible for ail taxes, insurance, liens and encumbrances upon this vehicle. B. The 1999 Chevrolet Lumina, titled in Husband's name alone, shall hereafter be the sole and exclusive property of Wife. Husband and Wife agree to cooperate in the execution of all documents necessary to change the title to the vehicle to the name of the Wife alone. The loan on this vehicle is a joint loan, with Waypoint Bank, in both Husband and Wife's names. Wife agrees to pay offthis loan with Waypoint Bank within six (6) months from the date of the execution of this Agreement from her proceeds from the equitable division of the marital property, removing Husband's name from the joint loan with Waypoint Bank. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. C. The parties also own a 1995 Chevrolet Lumina titled in Husband's name only. This vehicle does not have any loans or liens. Husband has sold the 1995 Chewolet Lumina. Husband used these monies to pay the loan on his 1998 150 truck. D. The parties jointly own a 2001 ATV Artic Cat titled in Husband's name alone. The parties have agreed the ATV Attic Cat shall hereafter be the sole property of Husband. Husband has agreed to keep the ATV Artic Cat at the cabin property for use by any of the family members who might come to the cabin. Husband agrees to execute a will providing the Artic Cat shall remain with the cabin property, which shall become the property of his four (4) sons equally as co-owners at his demise. E. The parties jointly own a Terry trailer which they keep at a Rehoboth Beach trailer park. The parties have agreed the title to the trailer shall be transferred into Wife's name. The trailer shall then be shared by ail four (4) children who shall be jointly and equaily responsible for all costs and expenses associated with the trailer and who shall cooperate in sharing the use of the trailer throughout the year. Upon Wife's death, the trailer shall become the property of the four (4) children equally as co-owners. F. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof; including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. G. In the event that any documents of title to the said vehicles shall be in the hands ora bank or other holder ora lien or encumbrance upon either of the said vehicles, and it is intended 8 that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lien holder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lien holder. 3. BANK ACCOUNTS The parties had joint checking and savings accounts with Waypoint Bank. These accounts shall be closed on or before the time of the execution of this Agreement. The parties have divided all the monies in these accounts to their mutual satisfaction. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to these accounts. The funds fi.om these accounts shall hereafter be the sole and exclusive property of the party in possession of them. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. LIFE INSURANCE Husband and Wife each have a life insurance policy with Mutual of Omaha. The cash value of Husband's life insurance is Eight Thousand Three Hundred Dollars and No Cents ($8,300.00). Husband has used the cash value of his life insurance. Husband and Wife each agree to keep each other as the beneficiaries of their individual policies. 5. WAYPOINT STOCK / MUTUAL OF OMAllA MUTUAL FUNDS / SAVINGS BONDS Waypoint Stock The parties jointly own shares of Waypoint stock. The parties have agreed the shares of stock shall become the sole property of Wife. Husband agrees to cooperate in the execution of any documents needed to transfer ownership of these stocks to Wife. Mutual of Omaha Mutual Funds The parties jointly own mutual funds with Mutual of Omaha. The parties have agreed the mutual funds shall become the sole property of Wife. Husband agrees to cooperate in the execution of any documents needed to transfer ownership of the mutual funds to Wife. Savings Bonds The parties jointly own approximately Eight Thousand Dollars and No Cents ($8,000.00) in savings bonds. The parties have agreed these savings bonds shall become the sole property of Wife. Husband agrees to cooperate in the execution of any documents needed to transfer ownership of the savings bonds to Wife. 9 6. RETIREMENT INTEREST Husband's 401k Husband has a 401k with an approximate value of Forty-Four Thousand Dollars and No Cents ($44,000.00). The parties have agreed Wife shall receive flay percent (50%) of the current value of Husband's 401k. The parties further agree Wife shall establish a retirement account for 50% of Husband's 401k to be rolled into to avoid any taxes and/or penalties. The parties agree this shall be accomplished within thirty (30) days following the execution of this Agreement. Wife's PSCR Retirement Wife has a retirement account with PSCR. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's PSCR. Husband's Defined Benefit Retirement with the Teamsters Husband is presently receiving retirement benefits fi.om his defined benefit retirement with the teamsters. Husband agrees to retain Wife as the beneficiary of this retirement benefit. 7. MARITAL RESIDENCE / CABIN Marital Residence Wife has requested to keep the marital residence and Husband has agreed. The parties have agreed not to place any specific value upon either the marital residence or the cabin properties. The marital residence currently has a mortgage with Waypoint Bank of approximately Sixty-Four Thousand Three Hundred Dollars and No Cents ($64,300.00). Husband has agreed to provide Wife with the necessary monies to pay offthe mortgage on the marital residence in full Upon receipt of the monies fi.om Husband to pay the mortgage on the marital residence in full, Wife shall immediately pay off the mortgage on the marital property. Husband's counsel shall prepare a deed to the marital residence transferring all of Husband's right, title and interest in the marital residence to Wife. Husband agrees to sign a deed transferring his right, title and interest in the marital residence to Wife at the same time as the execution of this Agreement. Husband's counsel shall record the deed to the marital residence. Wife shall hereafter be responsible for ail taxes, insurance, loans, liens, and mortgages on the marital property. Cabin at Woodward, PA Husband has requested to keep the cabin and Wife has agreed. The parties have agreed not to place any specific value upon either the marital residence or the cabin properties. There are no present mortgages or liens upon this property. Husband shall obtain a mortgage on the cabin property equal to the amount of the mortgage on the marital residence, within sixty (60) days of the execution of this Agreement. Once Husband receives these monies fi.om obtaining a mortgage on the cabin property, Husband will give these monies to Wife to pay offthe mortgage on the marital residence. 10 Husband's counsel shall prepare a deed to the cabin property transferring ail of Wife's right, title and interest in the cabin property to Husband. Wife agrees to sign a deed transferring her right, title and interest in the cabin property to Husband at the same time as the execution of this Agreement. Husband's counsel shail record the deed to the cabin property in Husband's name aione. Husband shall hereat~er be responsible for ail taxes, insurance, loans, liens, and mortgages on the cabin property. At the time of the execution of this Agreement, Husband agrees he will execute a will, prepared by Husband's counsel, with a special bequest to his sons of the cabin property, naming his sons as co-owners of the cabin property at his demise. Husband agrees he will not execute a will, during his lifetime, which alters the special bequest of the cabin property to his sons at his demise. 8. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the Marital Residence. Husband shall obtain a mortgage on the cabin property in the amount of the mortgage on the maritai residence. Husband shall give to Wife these monies from the mortgage on the cabin property to enable Wife to pay in full the mortgage on the marital residence. Wife shall be responsible for ail mortgages, loans, liens, taxes, and insurance on the marital residence following the execution of this Agreement. 2) The parties had two (2) credit accounts: a) Waypoint MasterCard. This account is in joint names. There is an approximate baiance of One Thousand Dollars and No Cents ($1,000.00) on this account. Wife agrees to be fully responsible for the payment of this account. If Wife is able to remove Husband's name from this account she shall do so. If Wife is not able to remove Husband's name fi'om this account she shall close this account. Husband agrees to cooperate in the execution of any documents required to remove his name from or close this account. b) Wal-Mart Account. This account is in Wife's name only. There is an approximate balance on this account in the amount of One Thousand Two Hundred Dollars and No Cents ($1,200.00). This baiance was used for a television and VCR for the cabin property. Husband agrees to assume full responsibility for the payment of this account. When this account is paid in full Husband shall close this account. Wife agrees to cooperate in the execution of any documents required to close this account. 11 3) Loan on the 1999 Chewolet Lumina this loan. Wife has agreed to be fully responsible for 4) Loan on the 1998 150 truck Husband has agreed to be fully responsible for this loan. Husband paid offthis loan in full. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession ora separate asset is the sole and exclusive owner thereof B. Limitation to Assets Disclosed.. The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for pm'poses of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name ora party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harm/ess from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the i ' part es separate assets as defined herein. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 12 11. ALIMONY Husband agrees to pay to Wife monthly alimony payments for Ten (10) years or One Hundred Twenty (120) months. Husband shall pay to Wife the amount of One Thousand Dollars and No Cents ($1,000.00) on or before the fifteenth (15th) day of each month beginning the first month following the execution of this agreement, for a total of One Hundred Twenty (120) payments to Wife. These monies shall be taxable to Wife. Husband shall continue to make a $1,000.00 payment to Wife through the last day of the last month Husband shall receive income from his employment position and preceding Husband's first month when he receives only his retirement income. For the remaining months of the One Hundred Twenty (120) months, when Husband is receiving only his retirement income, Husband shall pay to Wife Forty-Five Percent (45%) of his total monthly retirement income (excluding any income from Husband's 401k, which has already been equally divided between the parties). These monies shall be taxable to Wife. ~sband. s.hall make these payments to Wife on or before the fifteenth 15th renuunmg months of the One Hundred Twenty (120) months. ~ da~.~. 12. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and aH of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set the~seals the day and year first written above. 13 ' I~voRD M. RESSL~I~ ~tU~BAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS: Pubhc · P ) the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have set my hand and notarial seal, COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK o ary Public ' My Commission Expires: SS: o n this, the ~ day of ~ ,2004 heft · for the Commonwealth of P~nnsvlvani~ tho ...a~'~. , ore me, a Notary Pubhc CLIFFORD M. RE$SLER kn~'~;~;"~oru~at~r?e~.,ned .officer, personally appeared e [or safislactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. 14 Notary Public My Commission Expires: -- Notarial Seal ~ Tmva M. McW liams, Notary Public l / City of York. York Coun [~My Commission Expires Mar. ~ 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEANETTE E. RESSLER, ) NO. 02-4662 Plaintiff, ) ) ) CLIFFORD M. KESSLER, ) Defendant. ) in Divorce CIVIL ACTION--LAW ADDENDUM TO MARITAL PROPERTY SETTLEMENT AGREEMENI' AND NOW,, this ~c~ day of February, 2004, come the parties, Jeannette E. Ressler, Plaintiff, and Clifford M. Ressler, Defendant, of which the following is a statement: 1. This Addendum to Marital Property Settlement Agreement is appended to and incorporated therein to the parties' Marital Property Settlement Agreement of even date herewith in the above-captioned matter. 2. To Section 11 of said Marital Property Settlement Agreement concerning Alimony, the following provision is made: Husband's alimony payments as set forth herein shall cease if Wife remarries or co- habitates with another adult male to whom she is not related. JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaim in Divorce under Section 3301(c) of the Divorce Code was filed on or about September 27a, 2002. A true copy of the Complaint for Divorce was served upon the Defendam, on October 2, 2002. 2. The marriage between the PlainthTand 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 in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the fight to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are tree and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. /EAN~I"I'E E. RESSLER JEANETTE E. RESSLER, PLAINTH F VS. CLIFFORD M. RESSLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE ..WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODI~; 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree 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. JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4662 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE _PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry ora divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Clifford M. Ressler, was served in person by the York County SherifFs Department, on October 2, 2002. Said Document of Service from the York County SherifFs Department was filed with the Cumberland County Prothonotary on December 3, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: (a) Related claims pending: None Plaintiff.' February 6, 2004 Defendant: February 6, 2004 (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on February 6, 2004 by the Plaintiff and on February 6, 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Dated: February 11, 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. ~usan Kay Calad~elto,~ire Counsel for .P_ ~a~ intiff ~// - PA I.D. # 64998~ ..... 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VERSUS Defendant N o. 02-4662 DECREE iN DIVORCE AND NOW,_ :~J.~..? ~.. DECREED THAT Jeanette E. Ressler ,2004 AND Clifford M. Ressler , IT IS ORDERED AND , PLAINTIFF, , 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; BY TH C~U rt: PROTHONOTARy JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4662 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE _AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about September 27t~, 2002. A tree copy of the Complaint for Divorce was served upon the Defendant, on October 2, 2002. 2. The marriage between the Plaintiffand 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 ora final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised &the availability of marriage counseling, and understand may request that the Court require that my spouse and I participate in counseling. wUn~_e[s!.a~.d, that !,he, ,Court maintains a list of marriage counselors in I ,furthe~hatI c.n J~st Js avauavle to me upon reauest B '-,, o,~ ~,~..:~-~ - - the Prothonotary s Office, - - e~-,e o,~ ouv~cu, ~ ao not request that the Court reqmre that my spouse and I participate in counseling prior to divorce decree being handed down by the Court. a I verity that the Statements in this Affidavit 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. RD M. RESSI~,ER -- -- JEANETTE E. RESSLER, PLAINTIFF VS. CLIFFORD M. RESSLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 02-4662 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF N TICE OF INTENTION O RE E T ENTRY OF A DIVOR DE REE UNDE SECTION 3301 c OF 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 ifI 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. Section 4904 relating to unsworn falsification to authorities. LIFF~ M~ RESSL-ER - -