The URL can be used to link to this page

Home My WebLink About00-01158 ')::<<~ ~ ~ ~ ;.-:~ I ~.~ ~ I '.,' ~ ~.~ ~.~ , N ~ ~ ~.~ ~ ~ ~.~ ~ ~ ~ :'.; ~ .~ W ~.~ ~ ~.~ ~.~ ~ t ~.~ i I ~ !:' ~ :p ?~ m ~.~ Ii! . :0." n ~.s "I ~ !II a :1 ;j Ij.~ il ~ ;..~ ~ ~.~ ~ ~.; I ~.; ~ ~.~ ~ 8 ~.~ i A " ~, ,1" ::~.:C~;:,.':~~>>::( ):c{'::~~::.::{::4..~<::~~::.~;::::~_!f:::~::CK::~~::C~;:)_~')::c.~}>>::~~ ~:~::.::(-::;~::.>;;:::~~::c~~::::~::c~;~:'x.::~;~:::::~::c~;::::~~>>::!~~~:~~>>::<<<f::~)Jft~:::.Xt~~:::.)1::'~~::!~Dr:~::c~;)){::~:::eg("...~ il I ~:", ~-:i '- ~~ IN THE COURT OF COMMON PLEAS I ".~ ~ ~.~ A -~ ~~~~~~.~~~~~~~~~~~~ OF CUMBERLAND COUNTY STATE OF PENNA. AMY L. WAGNER No. .....Z,999..::-..).151)............... ti9 Versus MiCHAEL E. WAGNER DECREE IN DIVORCE AND NOW, ... ~~.. a......., VJZ.o.ol., it is ordered and decreed that ...... ~ ~:. .w:"':G.~.R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., plaintiff, and............... .~~~~~~.~: .~~?~........................, 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; \UcM . . . . . .~~ .f':!'~ll;~~<:-~. ~'?~~~~'?\l~. ?>9'~?~\l!'!. ~?it-~? JI.!19)l,s:t. .8.,. .29.0.1... .a.t.t.a.c;l1~q .11~:r;eto, ...... ~~. ~???;r?;~t~?!.~.u:t. ??:t. !lI.e.r.9'.e.d.,. .i.~1:;~...~.D a ?~ ~. ~ i I II ~ ;..){::~>. ':;..:c..,:. Prothonotary e-.rl' 'r r", , . ,. ,.~ il'- . , ~i ~ ;,.~ . t$ ,.s . n ~ ~.~ ,~,., ~ ?,; ~~; * ~~~ ~ ? ~ ~~~ .. ~.~ ",." M ~.~ ~.~ ~ ,'-<, ;'.S . ~ ~ Ij.~ i ~.~ ~~ . l-:' ~ ~ t:f, t ~.? ~.~ I t2 ~ ~.~ ~.~ '- ';,' ~ :,"', a ~.~ N ~ ~.~ ~ ~.~ ~- ;.~ ~ -.,< ~ ~.~ '. ~ ~.~ ~ ~.~ J. ~ '.' ~ ~.~ ~ .' _iIIli'''''''''''''''';. ..........J........ .~, ."~-iWJdI"" "- ~,_........ItV-.. .....tliiillIIiIIliIllII Ui . ' " ,. , - ~,;, ".., 15 3'P -eN <t..JtP . () ( tW~ ~i~~1f ~ ~ ?: dft.. . , , 'j " fl.. ,~ ,_, ~_ u '" ~ . . , . . ".- AMY L. WAGNER : IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNA. . v. NO. 2000 - 1158 MICHAEL E. WAGNER . CIVIL ACTION - LAW . Defendant . IN DIVORCE . TillS 2001, by and Cumberland ("Husband") , MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ?-!'L day of Au 6 v.5 T , between AMY L. WAGNER ("Wife"), of Mechanicsburg, County, Pennsylvania and MICHAEL E. WAGNER of Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, the parties hereto are Husband and Wife, married December 3, 1994 in carlisle, Cumberland county, Pennsylvania. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, and the settling of any and all claims and possible claims by one against the other or against their respective estates, as well as any other matters related hereto. NOW THEREFORE, in consideration 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, Husband and wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault '''' "'~~~ "~ - , '. divorce pursuant to the terms of Section 330l(c) of the Divorce Code of 1980, as amended February 12, 1988. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement. 3. DATE OF EXECUTION The "date of execution" Agreement shall be defined as the last executing this Agreement. or "execution date" of this date of execution by the party 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement, unless otherwise specified herein. 5. CONSENT OF PARTIES/ADVICE OF COUNSEL Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement, which has been explained to wife by her attorney, James W. Abraham, Esquire, and to Husband by his attorney, P. Richard Wagner, Esquire. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm substantial accuracy of the except as set forth herein as this Agreement. that each has relied on the financial disclosure of the other, an inducement to the execution of 7. PERSONAL PROPERTY /REAL PROPERTY Except as otherwise stated hereto, Husband and Wife have equitably divided their personal property and real property, which property 18 and/or was marital property, pursuant and in accordance with the Marital Property Settlement Agreement, 2 . , r I ,', entered into by Husband and Wife, dated June incorporated herein by reference thereto and attached as Exhibit "A" hereto. 21, 2001, which is made part hereof and ~.J11~~O' ~ ~ The parties agree that they shall each be entitled to ~. claim their son as an exemption on the federal income tax return on ,~~Jevery other year basis. Wife shall claim said exemption in~v0QQ numbered years and Husband shall claim said exemption in oeo ~ numbered years. Wife shall timely provide Husband with federal tax form 8332, Exemption for Dependent in order for HuSband to file for said exemption in ~ numbered years. ODO 9. PENSION AND RETIREMENT BENEFITS 8. CHILD TAX EXEMPTION HUSband and Wife agree that Husband will pay to Wife the amount of six Thousand Five Hundred ($6,500) Dollars as Wife's equitable share of any and all of Husband's pension and retirement benefits, which payments shall be made in the following manner: $3,500 on or before July 30, 2001. $1,000 by September 15, 2001. $1,000 by December 15, 2001. $1,000 by February 15, 2002 Husband shall forever waive any past, present or future legal or equitable interest and/or claim in any and all pension and/or retirement benefits of the wife. Except for the $6,500 stated hereto to be paid to Wife, any and all other pension and retirement benefits of Husband shall become his sole and separate property; and any and all pension and retirement benefits of Wife shall become her sole and separate property. lO. AFTER ACOUIRED PROPERTY Each of the parties from the date of final separation on July 1, 1999, shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, and/or real property, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 11. WIFE'S DEBTS Wife represents and warrants to Husband that since the date of final separation on July 1, 1999, that she has not contracted or incurred any debt or liability, including but not limited to any federal state or local income tax liability, for which Husband or his estate might be responsible and Wife 3 -'''T,,,,", ., .'. further repreaents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save harmless Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 12. BYSBAND'S DEBTS Husband represents and warrants to Wife that since the date of final separation on July 1, 1999, he has not contracted or incurred any debt or liability, including but not limited to federal, state or local income tax liability, for which Wife or her estate might be responsible and Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save harmless Wife from any and all claims or demands against Wife by reason of debts or obligations incurred by Husband. 13. BJoNKRUP'I'CY OR REORGANIZATION PROCEEDINGS In the event Husband or Wife becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by Husband or Wife for the benefit of the other pursuant to this Agreement, Husband and Wife agree to waive, release and relinquish any right to claim any exemption to any property remaining in Husband or Wife as a defense to any claim made by the other pursuant to the provisions of this Agreement, including all attorney 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 and Husband and Wife waive any and all right to assert an obligation arising hereunder discharged or dischargeable. 14. TAX LIABILITY The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 15. LIFE INSURANCE Each party shall continue to own any life insurance pOlicies currently in effect without restriction as to the designation of beneficiaries. 4 " 16. WAIVER The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Except as otherwise stated hereto, both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. 17 . MUTUAL RELEASE Except as otherwise stated hereto, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; or any rights which either party may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 18. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Ag+eement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 5 ,-- 19. MUTUAL ~OOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of this Agreement. 20. 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. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 22. OTHER DOCUMEN1'ATION Wife and Husband covenant and agree that they will forthwith and within thirty (30) days after demand or due date, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 23. 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 24. BREACH If either party breaches any prov~s~on of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall 6 ,=."", ~e1" " . be responsible incurred by the Agreement. 25. SEVERABILITY for other payment of attorney fees and all costs in enforcing his or her rights under this If any term, condition, clause or provisions of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. HEADINGS NOT PART OF AGR'R1P.MF.'NT Any headings preceding the text of paragraphs/provisions and subparagraphs hereof, solely for convenience of reference and shall not part of this Agreement nor shall they affect construction or effect. the several are inserted constitute a its meaning, 28. DIVORCE The parties hereto agree that their marriage is irretrievably broken and upon the filing of a complaint in Divorce, pursuant to section 330l(c) of the Divorce Code, regarding No-Fault Divorce, and the expiration of the ninety (90) day time period in accordance with said Section, the parties, simultaneously with the execution of this Agreement hereby agree to sign the Affidavits of Consent and Waivers, and hereby agree to the entry of Divorce, which shall be incorporated, but shall not merge, therein. IN WITNESS hands and seals the r: .:~ WHEREOF, the parties hereto, have set their day and year first above written. ~ -~ ~~.~ . ~-d,(j1'P"A ) AM W ER ~ ~~ MICHAEL E. WAGNE 7 , r. ~. I. . STATE OF PA , COUNTY OF '))ilvrl-UI.\. On this <f'-f1.- day of ~(J..uS.T ,2001, before me, the subscriber, a Notary Public, in and for said Commonwealth and County, came the above-named person(s) I4fMY J... INA6/A. bVl.... , satisfactorily proven to me to be the person (s) whose name (s) is/are subscribed to the within instrument (s), and acknowledged the above instrument to be his/her/their act and deed, and desired the same might be recorded as such. SS: WITNESS my hand and Notarial Seal NoIarial Seal !i w. Abraham. NoIluy Public of Hanl8bu . Oauflhln Coo My mission ~res Apr. 30, 2'1\fu; MlIIIllltr, F'ennsylvenleAssoclatiOnotNotaJ1118 NOTARY PUBLIC: MY COMMISSION EXPIRES: STATE OF PA COUNTY OF V~,L On this \51,. day of A~~u"\- , 2001, before me, the subscriber, a Notary Public, in and for said Commonwealth and County, came the above-named person(s) {'\\.a.~...~ ~. l.:'lt'l.~(U..J""' , satisfactorily proven to me to be the person (s) whoseo name (s) is/are subscribed to the within instrument (s), and acknowledged the abov instrument to be his/her/their act and deed, and desired the same might be recorded as such. SS: WITNESS my hand and Notarial Seal ~. '.~ ~.,~ NOTARY PUBLIC: MY COMMISSION EXPIRES: I J I (. ( l) :. Notarial Seal Harriett H. Schenck, Notary Public York, York County My Commission Expires Jan. 16, 2003 Member, Pennsylvania Association ot Notaries . - " MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this "I c.,'f -r I Ie:: !2i. day of -J ()IVe.., 1999, by and between MICHAEL E. WAGNER ("Husband") of Mechanicsburg, Pennsylvania, and AMY L. WAGNER, ("Wife"), of Mechanicsburg, Pennsylvania. WITNESSETH WHEREAS, the parties hereto are Husband and Wife, married on December 3, 1994 in Carlisle, pennsylvania. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling their respective personal and real property rights as to the equitable distribution of their marital residence, located at 42 Mayberry Lane, Mechanicsburg, Cumberland County, Pennsylvania, and the contents of the personal property within and/or at the marital residence. NOW THEREFORE, in consideration 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: EXHIBIT I A "." . , ~~ .'. :;; ..i! 1. PERSONAL PROPERTY Husband and wife have agreed that their personal property contained in the marital residence, shall be divided in accordance with the list of said property and its terms stated thereon, attached hereto and made part hereof as Exhibit "A", The division of property as stated on Exhibit "A" represents the parties' agreed upon equitable distribution and ,division of said property, to their full and complete satisfaction, and hereafter, neither party will make any claims to said property possessed by the other. 2. REAL PROPERTY Husband and Wife agree that the real property located at 42 Mayberry Lane, Mechanicsburg, Cumberland County, Pennsylvania, is marital property and is the marital residence of the parties. The parties further agree that said marital residence shall become the sole and separate property of Husband, upon the following conditions: A. Husband shall refinance the parties' current mortgage on the property and the parties' PNC Bank consolidation loan, removing Wife's name from both and thereby her obligation to said mortgage and loan; B. Husband shall pay to Wife the amount of Ten Thousand ($10,000.00) Dollars representing wife's equitable share of the marital residence as follows: 2 "., ~ " jV"' 1) $5,000.00 on or before July 1, 1999; 2 ) $1,250.00 in four (4 ) quarterly payments, beginning on October 1, 1999. C. At time of closing of the aforesaid refinancing, and the payment to Wife of $5,000.00, Wife agrees to sign and/or transfer sole title to the marital residence to Husband, and thereby transferring any and all past, present or future legal or equitable interest of Wife in said property to Husband. Husband shall indemnify and hold Wife harmless from any and all past, present or future debts, liens, mortgages, loans, taxes, utility costs, insurance costs, or any costs or expenses which in any way relate to the marital residence. 3. AFTER ACOUIRED PROPERTY As of June 25, 1999 the date of final separation, each of the parties shall own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, and/or real property, acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 4 . WAIVER The pa~ties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as 3 'n . . . . . Amended February 12, 1988 ("Divorce Code"), particularly the provisions for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall only provide for the equitable distribution of the parties' real property, which is the marital residence located at 42 Mayberry Lane, MechaniGsburg, Cumberland County, Pennsylvania, and the personal property property within and/or at the marital residence, as stated on Exhibit "A" attached hereto. The parties' specifically reserve their rights to any and all other rights to which either of them may be entitled, pursuant to the Divorce Code, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of other marital property, attorney fees and expenses. 5. BREACH If either party breaches any provision of this Agreement, the other party .shall have the right, at his or her election, to sue in law or equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and costs incurred by the other in enforcing his or her rights under this Agreement. 4 -'f T,_ n ,--- .,.....' ," 6. MODIFICATION OR WAIVER A modification or waiver of any of the t,erms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7. UNDERSTANDING OF PARTIES This Agreement constitutes the entire understanding of the parties as to the marital residence and the property items listed on Exhibit "A", and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 8 . SEVERABILITY If any term, condition, clause Agreement shall be determined or declared or provision qf this 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 and effect. 5 " '"'-:f--;- ,~ '1 ," 9. EFFECTIVE DATE/DIVOnCE Husband and Wife agree that this Agreement is effective as of the date stated above, and shall continue in full force and effect after such time as a final decree in divorce may be entered, and the parties shall continue to be bound by all of the terms and conditions of this Agreement in the event of the entry of divorce between them. Further, this Agreement shall be incorporated, but not merged, into the final decree of divorce. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witness: 6h~/q9 / I .;z~ MICHAEL E. WAGNER (;k, \99 -D.,J . ,~I uJCM:'iYlff\ / A};tY ~GNER ----, 6 'or. ~ ~--- - -1 i.ltems ~. , ! c;Olcge: MO'Yr'cr & Spreader S ~o~age C aClneLS X I Each 1 Each X Split Split Split Spilt Split Split X Split Split (3) X X X I Each I Each X X X X X X X X Pre-Marital X X Spilt Split Split Spiit Splil Split X X Split Split Pre-Marital X Pre-Marital X X- X I . Mose & Roller Gill: La\;n cnairs CJc.:ers, elC GarJer.llav..n equipment Ref~igcralor B:kes Kirchen 2 Barslools Table & 4 Chairs Decoratlye items l,:./a!1 Shdvcs Venieal Blinds Slove Reirlgeralor iv1l:::rov.avc Toaster 3knder .'vLx.er C'..:iery St'. Stemware Gb..ssware Formal Everyday Pilsners T~;Jperware & Coming ware 3ul,-;g snecLS, pans, tins, etc, ?OLS n Pans Crock PO! Cooi<lng wlcnsils I Foma; Dinnerware C<>-SlJai DI:1nerware S::VC0.'raIC 8cc;:)r;:'lI0,'15, Vases, etc, Tdcpt',one wi answering machine .-0.;' . r IIter11l Table & 4 Chairs Live Ficus Tree 2 Serring trays Window Treatments Ansel Adams Print Greal Room Entertainment Center Couch & Lovesest Coffee Table 2 End Tables Recliner 2 Table Lamps Gold Floor Lamp Stereo System CD Rack TV VCR Rewinder VCR Tapes CD's Cassertes 2 Artificial Trees Marltle Clock Mantle Decorations Pre. Marital I Each Sheers x x x X X X X Split Split Split Pre.Marital Pre-Marital x X Enlertainmenl Center Decorations X Table Decorations Photo Albums Wedding PortIait Ansel Adams Print Large Oil Painting Eucalyptus Wrealh Wall Mirror HalJwa;y "Welcome" Picture . "'- '-or X (mostly) Pre-Marital X X .,-" " X I Each Drapes x @~1~Vij~WlI'~1 ..~.,~ .::-..:~d:m:~:::~~::;~ ,~~ M:::::.~~i:.:.:.~~.~~~.~~:~~.~:.~ x X X X X Split Split Split x x X \~l~1]~~~~~~:~~~~j\~tl: Page Thr~e < I ItemJ Main Wall Decorations x Shower Curtain x Wh,te Rug/Commode Cover Black Rug/Commode Cover Spue Rugs x X x Spare.Bearpqiiji} ;;:::::::::::::::::,;,;,:::: :::::::::::::::::;~:::';'" ~, ~' , . ... .......~, ';:::::::::::::::::~ Bed X Floor Lamp x Sheets & Comforter Set Pr....Marltal Curio Cabinet & Carousel Horses x Black ChairlOnomon X Picrures X Window Sheers Luggage X Split Office Desk X While Floor Lamp X Bookcase X Plant X Window Shades X Pictures and 2 Clocks X Chair X X Desk Accessories & Lamp LOiindry)lPP,iilY Washer alld Dryer Window Treatment X X Hamper X Iron IronlOg Board X X Centra) Vac & Accessories x BlanKets Split Split Placemats, Tablecloths, Napkins, etc. X I.- ."...,,;. '. , Pa~e Fo;;r ," lfem~ Bedroom Suite Pre-Marital X X X X X X 2 Table Lamps TV Window Swags & Hardware Window Shades Wreath & Framed Poem Large Framed Picture Master BaJhrao?r:J Decorations & Wall Mirror X W lndow Swag & Hardware X Window Shades X Base muu ~;~~~;~r~~l~*~II~l~~~f~i !~~~f1~i~tI1~i: Patio Furnirure X Pool Table X Table & 4 Chairs X 2 Wooden Chairs & Small Bookcase X Enlmainment Center & TVs (13 & 19) Pre-Marital Couch & Loveseat X Large CaJjlel Remnant X Blue Oriental Rug \l<! X Mock FireplaceJStereo X TV Tables X 2 Black End Tables & Coffee Table Pre.Marital Bm Signs & Mirrors & Other Lights Ai1sel Adams Print. bonom of stairs X X X (mostly) X X (mostly) X Old New 1 Small , I Lge. Christmas Decorations Serrlng Dishes Dehumidifiers Space Heaters NOles He can have all Ansel Adams prints if I can have the I picrure in the master bedroom. if I gel Ihr Slereo, he can have the ....asher/dryer '. -'Iii ". STATE OF PA SS: COUNTY OF ])A. ""'0 ~ On this 0< day of :J Ll /0E before mer the subscriber, a ,Notary PUblic, in and Commonwealth and County, came. the above-named person(s) Micha@l E. Waqner , satisfactorily proven to me to be the person(s) whose name(s) is/are subscribed to the within instrument(s), and acknowledged the above instrument to be is/her/their act and deed, and desired the same might be recorded as such. , 1999, for said WITNESS my hand and Notarial seal. (i ;I1H--tUtA; n ~W-l JLt;L/ NOT Y PUBLIC~ MY COMMISSION EXPIRES: l SEAL ~RNER. Notary Public c/ Hamsburo. 9auphin County rnIsIIon rx Jan. 6. 2003 STATE OF PA COUNTY OF b+ SS: (~,d- day of Jc,00L- , 1999, subscriber, Notary Public, in and for said County, came the above-named person(s) , satisfactorily proven to me to be the name(s) is/are subscribed to the within acknowledged the above instrument to be and deed, and desired the same might be On this before me, the Commonwealth and Amv L. Wagner person(s) whose instrument, and his/her/their act recorded as such. WITNESS Notarial seal. NOTARY PUBLIC MY COMMISSION EXPIRES: Notarial Seal James W. Abraham, Notary Publle Harrisburg, DaUphin County My Commission Expires April 30. 2001 Member, Pennsylvarua Association of Notar;o, ~ . " ~-' ;1 _ ... . > ..., r "I. ~ .,.-~, ,.., - tM$!!IliI!l!~ "~MlIlll~Ili!l_'1!IJ _~_~""I!'l'" ~.~ . ...~~,- C-) C' :::,-;: ~!:~.:"~; 7t (r! _~'-- f'" ~~-.~ ~ , , .'--- ,..~~'l c:) 'i '~:,* ':) ['.....) ~l ~'...J r~? :" (D ( " -,~ ~.. _4) ..J!!Il'IIllIlID'I~_",_,!l1~ .""""" / v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2000 - 1158 AMY L. WAGNER Plaintiff MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section (xl 3301(cl (l 3301(dl of the Divorce Code. 2. Date and manner of service of the Complaint: On March 2, 2000; see attached Affidavit of Service. 3. Complete Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on 8/8/01; by Defendant on 8/1/01. (b) (1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: ; (2) date of service of Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None, pursuant to the attached marital setlement agreement dated August 8, 2001, attached to Decree in Divorce. 5. Date and manner of service of the Notice of Intention to File Praecipe To Transmit Record, a copy of which is attached if the decree is to be entered under section 3301(d) (i) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe To Transmit Record, a copy of which is attached, if the decree is to be entered under section 3301 (c) of the Divorce Code ; OR, date of execution of Waiver of Notice of Intention 8/1/01; date of filing Waiver 8/24/01. <---- ~ DATE: 8/24/01 James W. Abraham, ESq. Abraham Law Offices 513 North Second St. Harrisburg, PA 17101 (717) 232-7825 Attorney for Plaintiff ! . I " ,. -, '-',"... ., , . . .. . " ~~- " JQ ~, ~" ", ~. ,.,n. --~ ~ ~-" ~" '1'"" _~,_,_.J J'> ~~..J~~IWI!1'1 ~_ C' ~. ~ ~~ 0 D (.) C -'n ::".>'" ~ ~~,... -0 CD nlfT: 75 '1 Z:c ... ~:: C" !"L,.J rnX: ......) ~~) -(";;:::. ~C) '. -c' '-q ""'> -~, " z(~., (d~ )>Cl r;~) . ,. " c:: ;~ ~;;.~ :.n =1 ':0 -< co -< , " ", ~ -1' ~ ~ " Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. JIJTl) - IJS"l ~ J~ AMY L. WAGNER v. MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, includig 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 Court Administrator, 4th Floor, 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 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: Court Adminis~rator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 717.240.6200 , ,- " " Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ,;;L.(J7J1) - ) /57 ~ J.L<#- AMY L. WAGNER v. MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, comes Plaintiff, Amy L. Wagner, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Harrisburg, Pennsylvania, and files the following: COUNT I DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff, Amy L. wagner, is an adult individual who currently resides at 6222 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Michael E. Wagner, is an adult individual who currently resides at 42 Mayberry Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of tbe Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 3, 1994 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties which are active. 6. The marriage is irretrievably broken. <n., r, -, - r" ,- , -r 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT II - INDIGNITIES 9. Defendant has caused such indignities against Plaintiff which has made life burdensome and intolerable for Plaintiff, the innocent and injured spouse. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT III - ALIMONY, ALIMONY PENDENTE LITE & COUNSEL FEES 10. Plaintiff has insufficient funds to support herself in accordance with the standard of living the parties established during the marriage through appropriate employment. 11. Defendant has had steady employment and substantial income, and/or earning capacity for substantial income, well in excess of Plaintiff, from which he is able to contribute to the support and maintenance of Plaintiff and to pay alimony in accordance with the Divorce Code of pennsylvania. "' r " 12. Plaintiff is without sufficient funds to support herself and is unable to appropriately maintain herself during the course of this litigation and the pendency of this action, and Defendant's substantial income enables Defendant to pay alimony pendente lite to Plaintiff in accordance with the Divorce Code of Pennsylvania. 13 . Plaintiff is without sufficient funds to retain and/or continue to retain counsel to represent her in this matter; and without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and adequately litigate her rights in this matter. 14. Defendant enjoys a substantial income and is well able to pay Plaintiff's attorney fees and the costs and expenses of the litigation hereto. WHEREFORE, Plaintiff requests Your Honorable Court to award Defendant alimony and alimony pendente lite, in an amount which is reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage; and award Plaintiff attorney fees and expenses hereto. COUNT IV - EQUITABLE DISTRIBUTION 15. Plaintiff and Defendant have accumulated real and personal property and other assets during the course of their marriage, which are marital property and marital assets; as well as debts during their marriage which are marital debts. , , . 16. Plaintiff is entitled to the fair and equitable distribution of Plaintiff's equitable share of said property and assets in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff requests Your Honorable Court to' equitably distribute the marital property and debts hereto. Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 513 North Second St. Harrisburg, PA 17101 (717) 232-7825 Attorney for Plaintiff DATE: 3/1/00 ,-. ~~ . . ,'';;- F' , . VERIFICATION I, A VV\. Y A. 0k611 kYC-, the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ck,( 100 Qql'C~ DATE: c:L- - ;) !;; -- of) '"1""~ -.. . , 'I "' \ . CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing document, by certified mail, on the date indicated below, to the following person(s) : Michael E. Wagner 42 Mayberry Lane Mechanicsburg, PA 17055 DATE: 3/1/00 c-~/ James W. Abraham . . fb~ 'C it o .... ~ -c: Wf$1~~W4!1'i'i'li!'",~ .~ , Q ~- <' -05:1 ~n Z=n 0;;;":: ~C ~n ;;;:0 c z =< o Cl :J!: J:';1l'~ :;;0 I o -q .-4 rri;::: -,:.,m :.99 '-)6 'i!-rl ,<il ~';:(") 0'" ~ -< ~ ~ F 01 ..... .t::. ~ -J !I '" '" ~~d.~;; (::. lJ., ~ ::::- :Jl': 9? --::l (,.) .. 9." IJ., \ ~ t r C'","," ~.". ~,,""'" "'~.,-~~~- . , AMY L. WAGNER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000 - 1158 MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE AFFIDVIT OF SERVICE I, James W. Abraham, Esquire, the undersigned, attorney for Plaintiff, Amy L. Wagner, in the above-captioned action, hereby swear and affirm that the Complaint in Divorce in the above- captioned action was served upon the Defendant, Michael E. Wagner, by certified mail, return receipt requested, on March 2, 2000, as verified by the green return card from the U.S. Post Office, which is attached hereto: ..' IlitllG~~~.,_tI&- Iollowing serviCes (fOr an exll'\l'ee): 1. D Addressee's Address ! [ 2. D Restricted Delivery j D. J j r " ~ I ! ~rtlfied D Insured Deoo ... I. i mplete'-lt8ms 1 ancUor2fonKfdllional.servlces. , "I . Cohlplete Items 3, 48, and 4b. I . PrInt your name and address on the reverse of this fonn. "" thai, we can return this I """'10 you. , . Attach thIS Ionn to the front of the ma1Ipiece, or on the back If space does not penn~ . Write -Return R6C8Ipt Requssted" on the mallplece below the article number. . . The Retum ReceJpt will show to whom the article was delivered and the d,lJ1e. Consult postmaster for fee, ii. delivered. . Ii 3. Article Addressed to: 4a. Article Number I )11 i ~ o.L/ E. (jj (liJ IAJ/I..;, :c $ ~ .s 0 l? 3 Cf cf 9 '-{ ~ ~a -e.rr .~r1f:t'~i,;.' 4b.serviC8r.ype fi ' :" r;r. 6' A' j. D Registered W IS!.L I c..s &.JI '5- r,.,;,. D Express Mall V I "11J S:,. D Return Receipt for Merchandise 7. Date of Delivery - ~ 'aV . 8. Addressee'. AddreSs (Only if requesled and fee i. paid) 1 il eipt DATE: 8/24/01 James W. Abraham, Esquire !' ." .. ~- - - . ~- ~" - " ,~ 11" "J!J!!ll.''''ilr!ffll!'!l\W;''I''''''\'I~_~if'~o~~_o ~ o c :.;;: "Dee rT1r-i-' ~S~ ~€) 2:0 )>0 ~ :I! , ( ( r i' ~ c _ll"!',,~ __,~'''.,__.~I!!Illl1~ '. ,. , , . AMY L. WAGNER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000 - 1158 MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 1, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service and filing 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 the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: CJ!9,)(JI ~ ~ ()J~(lA.J . AGNER I~. , I ... I [" -~.- ~."' _. ." ~TIl"I !__~T~ () C::;J c: ? :b. -~ "'Ut:c: G'5 mUe .2:_.,. 1'0., Zr" (/))c. '-. :-<.0 ~i~j '""0 '. .,;; :ZC :};:;- );:0 N !;;; ~ :.n no -~ ,~, ~'''''4''"'' J~_ . 0 - .f ~ ' ... v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2000 - 1158 AMY L. WAGNER Plaintiff MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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.A SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ -1, - 0 f clUJ '! '-eO..,. , ,. I I II I, II I i " 1'1 1< ,~ '" .-. H ~. ,'.~1,,' ." _im"'.4..., _ "' ~~ """_".,,d'~~H . , 0 C::> C $: ::r:... ""r)rr:; G~ ~ rnrT; r--' Z.....,.., h-; .~ N :Zl~ :-:;. '-(' 6522 -.J :) c:; r:Cj -tJ -:-i, -,..~ ~"""'J , - -.-., -""-) 7\...:' r:~? ~n~ --( I Pc: Z U'l :D ~ m -< ~" ~ ,!I."llL" < flf'j!IflL .. J . . , . AMY L. WAGNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 2000 - 1158 CIVIL ACTION - LAW MICHAEL E. WAGNER, IN DIVORCE Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 1, 2000. 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. 4. 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. 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. DATE: 94/2001 / %~~ Michael E. Wagne -;;.. ., ~ ,~ - 11"" ,.-."," , . .,,-", "".,__fT 1"l _" _ -~.,,0",~"-"" !IllflfllllMl!lli"","'.>'l'tt"~~~8>tl,ml~, .- ~.,.....,.~ f!!I!Jt'l' " o ~; vEe m", ~~c ~~\:.: ~C; .J>,,-. -...i;., i L.. C) >e:: z :< .""""" ,"- ".,-"~" CJ ';:2 ., "" G,) rV .~ -~ --';:. _"i~ ~ .> --=-_. ~-:'-:~d " ;~ 5:1 -< iS~ :J1 0" "~~ ~~~_J ~"'iR t t. .. , . , , v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2000 - 1158 AMY L. WAGNER Plaintiff MICHAEL E. WAGNER Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 rtot 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.A SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: !/jZco/ ~ MICHAEL E. WAGN~ I _~~ "'" "-- , - , , . ., I , -, " <j ~~:,., ,,', _ ""C1'r'. ,-<" "","," .~ ,'"'" -=) ~~~ ~'!l'!l0,,,",,,,,,,,,",,,,",,,,,,,","';:;Vl~I;r<,,~ (') C) I,~' C -n ~: L-.. -oco' T ~, 73 m fT. Z::::C' ~"') :Z:C CiJ"'!::" __J ~f-=! ~"(] 2C) " - 2:0 ,;.;; C) Pc o;:! Z (J1 :D ~ -< eXl -< ~-~ - I .IIl~"""!,",~"'""","_~ lI'lIIlIII,._"_"~_ _ _ , _