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'1f.4 9(., ~ 79y SI!PAIJ,ATION AND PROPERTY SETTLEMI!NT AGREEMENT THIS AGREEMENT. made this ~ day of _<y\ o...{ c.Y\ 1998, by and between DALE M. SCHNEIDER, hereinafter referred to as "Husband", and VIRGINIA M. SCHNEIDER, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married February 14, 1984; and WHEREAS, the parties have three children born of this rnarriage: Jennifer Schneider, D,O,B. 11-16-84; Nikita Schneider, D,O.B, 04-20-86; and, Tiffany Schneider, D.O.B, 10-21- 87; and WHEREAS, the parties have acquired certain assets and debts during the course of their marriage; WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties, after long and careful consideration, amicably to adjust. cornprornise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for rnaintenance, support. alirnony, equitable distribution, counsel fees, and costs; and WHEREAS, it is the rnutual desire of Husband and Wife to reduce their agreement to writing; and NOW, THEREFORE, in consideration of the rnutual promises, covenanrs. and agreements hereinafter contained, each of the parties ht:reto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. Parties to Live SeDarate and Apart The parties mutually agree to Ii ve separate and apart as though the parties had not been rnarried. Neither party will molest the other, or cornpel the other to cohabit or in any way harass or rnalign the other, nor in any way interfere with the peaceful existence of the other. 2, Personal Prooerty Husband and Wife have divided all personal property which would constitute rnarital property and agree that any property in the possession and control of Husband at the time of the signing hereof shall be the sole and separate property of Husband; and that any property in the possession and control of Wife at the time of the signing hereof shall be the sole and separate property of Wife, Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever clairns, if any, he or she may have to the sole and separate property of the other, 3, Automo~ Wife will retain ownership of the non-marital 1977 Ford Pick-up truck against which there are no liens. Husband has no vehicle at present. Each party hereby waives all right, title and interest in any vehicles owned by the other, whether purchased before or after separation, If necessary, each party agrees to sign any title \ or other documents necessary to transfer ownership within thirty (30) days of presentation of such docurnents to the other party, 4. Marital Debts Husband and Wife each covenant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise specifically provided tllr by the terms of this Agreement, Husband assumes and agrecs to pay and herehy agrecs to hold Wife harmless on the joint debt with Household Financc, Account Nurnber 412289254447259, with an approxirnatc balance of $1,300.00, Wife assumes and agrces to pay and hereby agrces to hold Husband harmless on the joint debt with American General, Account Number 1941513018938795, with an approxirnate balance of $500,00, 5, Real Property Husband and Wife agree that there may be a deficiency judgment still owing on the mortgage with Fleet Mortgage Company as a result of the marital property at 377 Pitt Street, Enola, PA 17025 on which there was a mortgage foreclosure, To the cxtem that therc is any such judgment or balancc owing, the partics agrce to sharc equally in any such liability. Husband and Wife each covenant, rcpresent and agree that each will now and at all times hereafter save harrnless and keep the other indcmnified with respect to one-half of thc debts, charges and liabilities incurred as a result of the foreclosure on the marital property The parties agree that they will share equally any tax liability with respect to the sale of thc property, 6. Support for Minor Children Husband shall pay to Wife that sum as child support as a court of cornpetent jurisdiction shall deterrnine based upon the tinancial ejrcumstances of the parties and the nceds of the children. Husband's obligation to make this payrnent shalltermiuate when the children die, reach age eighteen (IS), are rnarried, or are otherwise emancipatcd, whichevcr of these events shall tirst occur. Husband's obligation shall not survive his death and shall not constitute a charge on his estate. Both parties agree to keep in effect life insurance through their employment made payable to the minor children to provide care, maintenance and cducational expenses for the minor children, After the children reach age eighteen (IS) years, Husband and Wife agree to provide for the cost of the children's educations, to the extent they are able, with the assurnption that the children will also contribute to these costs through employment and/or loans, 7, Allmonv and SUDoort for Self Husband and Wife are presently employable and waive all claims against the other for maintenance, support, alimony, or alirnony pendente lite which may arise out of the marital relationship, S, Custodv and Visitation The parties, believing that it is in the best interests of their children for the parties to determine custody and visitation issues by agreement, have reached agreernent that they will share legal custody of their three children, Wife shall have primary physical custody of all three children. Husband shall have temporary custody for purposes of visitation on alternate weekends beginning at 7:30 p,m. Friday and ending at 6:00 p,m. Sunday. Major holidays such as Thanksgiving, Chrislmas, New Years' Day, Easter, Mernorial Day, July 4, and Labor Day shall be shared between the parties. It is to be understood that each party shall have at least sorne portion of Christmas Day or Christmas Eve with the minor children, To the extent practical, each child's birthday shall be divided between the pllrties, The parties agree that it is in the best interests of the children 10 work together and to look primarily to the children's best interests in arranging temporary custody and visitation, To that end the parties agree that these minimum eSlablished visitation schedules may be modified at any time by either party with the conseJ1l of the other, and Wife desires to make clear in this agreement that reasonable visitation will not be denied Husband so long as appropriate prior notice is given by Husband of his desires, 9, Waiver of Interest in Retirement Wife has a retirement savings plan through her employer, Haas Printing, and Husband agrees to waive and relinquish any right, claim, title, or interest in this plan. Husband and Wife expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or any other employrnent-related plans in which the other has any interest, whether vested or unvested, matured or unrnatured. 10, Lelia! Representation Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the partics, cognizant of their legal rights. declare and express that: A. Wife is represented by Debra K. Wallet, Esq.; and B, Husband, having been advised that it is advisable and desirable to be represented by counsel, has willingly and knowingly decided not to be represeJ1led. 11. Income Tax It is agreed between the parties that Wife will provide more than (me-half of the children's support and is, therefore, entitled to take the dependency exemption tilr all three children. To allow the Wife to claim the dependency exemption under this paragraph, Husband, if necessary, agrees to execute and deliver to Wife, not less than sixty (60) days before Wife is required to tile her tax return, any written declarations required, 12, Mutual Dlscharl!e Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto for hirnself or herself, his or her heirs, executors, administrators or assigns does rernise, release, quitclaim and forever discharge the other party hereto, his or hcr heirs, executors, adrninistrators or assigns, or any of them, of any and all claims, dernands, of whatsoever kind or nature for or because of a rnatter or thing done, omitted or suffered to be uone by said party prior to and including the date hereof. except that this release shall in no way exonerate or discharge either party hereto frorn the obligations and promises made and irnposed by reason of this Agreernent. 13, No-Fault Dlv.l!.m: An action for divorce has been instituted by Wife in the Court of Common Pleas of Curnberland County docketed to No. 6794 Civil 1996 alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that f,;oincident with the signing of this Agreernent, both parties will execute aftidavils of consent to the t:ntry of a Decree in Divorce pursuant to the Divorce Code. If the contemplated divorce is not granted within twelve (\2) rnonths from the date hereof, this Agreemcnt shall be null and void and of no further force and dfect, 14. Execution an.d..>>ellvery of Documents The parties hereto agrcc to executc and deliver all papcrs needed to effcctuatc the terms and intentions of this Agreemcnt. 15. Breachlnl/ P...ilIl!..Pavs Costs If any party breaches any provisions of this Agreement, the other party shall havc thc right, at his or her election, eithcr to suc tlJr specitic perforrnancc or for damagcs tl)r such breach, and the party brcaching this Agrecmcnt shall bc rcsponsiblc for rcasonablc legal fccs and costs incurrcd by thc other in enforcing his or hcr rights undcr this Agrccrnent. 16. General Provisions This Agreement encompasses all agreernents betwecn the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by thc parties; the waiver of any terrn, condition 01' provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreernent, If any terrn, condition or provision of this Agreement shall be detcrmincd to be void or invalid in law or otherwise, thcn only that term, condition or provision shall be stricken from this Agreement. and in all other respects, this Agrcemelll shall be valid and continue in full force. It is agreed by and between the parties hcreto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorcc or scparation. It is specitically agreed, however. that a copy of this Agreemcnt or the substancc of the provisions thcreof, rnay be incorporated. by reference, into any divorce, judgmcnt or dccree, This I 'I I I i : Virginia M. Schneider, Plaintiff : IN THE COURT OF COMMON PLEAS : . . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V5. . . Dale M. Schne ider , De fendan t : NO. 96-6794 : CIVIL TERM : PRAECIPE TO TRANSMIT RECORD To the ?rothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 53301(c) ~~Il;l:fcltJckkk of the Divot'ce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Milrch 5, 1997 Certified Mail, return receipt requested 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff March 2 3, 1998 by defendant M"rrh 2 1, 1998 (b)(l) Date of execution of the affidavit required by S330l(d) of the Divorce Code: : (21 Date of filing and service of the plaintiff's affidavit upon the r~flponde!lt: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of. intention to file praecipe to transmit record, a copy of which is attached: ______ (b) Date plaintiff's Waiver of Notice in 5330l(c) Divorce was filed with the Prothonotary: M"rrh J~ lQ9R , Date defendant's Waiver of Hotice in 5330l(c) Divorce was filed with the Prothonotary: March 26, 1998 \.Q lAiu. ot . W~ Debra K. Wallot, Esquire Attorney for (Plaintiff)(Defendantl >- ('-. If: c- ..:t r'~' 115 ~:, 6; , " f;~ f'. ',- :"~ .1_,- ~ , ';.t ('}':, C-l' \.0 , Utl' N f1!tl 0- ,lEU ' .' ~., J: I" w. 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',. .-j,;,:, r' , :;;,; '.- ~i:' ' 1..0 , ~(~ Q'" ." .-, L!_"" ~.:l r I . C ; (, ~ (i.'l .. ., ~ .,..:1..... , '1., rt:l ':j U 0' (..) " ~ r-. ,.. ..:t (.. ~~ "!~ .-') 0; ., ~' ~.!: ,~ .. ~ .. t '.~ \, , '- ".;: ': .:.'; ~)'" " " '0 ;:- c.l' '-l') LV.: C'>J , " -', " CL:! ;<:; i-"- ""': '~ I f:l..' . . - I.'. rr:: .':: i u en ':; ,(<i", (~;'t'," ry' DEBRA K. WAU.ET H N .11nJ StJ"((1 . CUIIlI' ifill, 1).0\ 17011 ri.'I~'phlll1( t7171 1'7 I~ll) CERTIFIED CO,.., ATTORNEY FOR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA VIRGINIA M. SCHNEIDER. Plaintiff No. 96.6794 CIVIL v. IN DIVORCE DALE M. SCHNEIDER, Defendant AI<'FIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Debra K. Wallel, being duly sworn according to law, deposes and says that she is the attorney for Plaintiff. Virginia M. Schneider. and that she did rnail a true and correct copy of the Cornplaint in divorce in the above matter, by certified mail, return receipt requested. to the Defendant, Dale M, Schneider. on December t8. 1996. at his last known address: 3803 Glenwood Avenue, Camp Hill, PA 17011. which satisfied the requirernents of service by rnail pursuant to Pa, R.C,P. 1930,4. The signed receipt acknowledging receipt on Decernber 21. 1996 is attached hereto as Exhibit "A", ~~", ,\( i..J("U.. r Debra K, Wallet. Esquire Sworn to and subscribed before me this ')~', day of \\ \, u ,\" C\ ., ('; ;,c,\'''' \ \" '. \'d~ , 1997 NOTARIAL SEAL EU HALLHT. NOlary Public Clwno Hill Boro. Cumberland County My Commlsalon Expires May 1~, 2000 '.. ('I r ~; .:" " I" .. I " .': " \" t ' , Cl: r'" " " Li f . I, ,J l' " ;IJ.. " -- , , f" .I , .. U' .... ("I (': .:3 .." I,:. .. - lIlr , ()# , r" i-'I .,...; 1 Li <;), r'''. , ,1 , (i'" I " i , ,.,] L:11 , , .' t u.. t, ~ I.. ,- ) L'; (il 'oJ ( ( I , Aro.