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HomeMy WebLinkAbout02-5425WILLIAM J. SCHANER, : IN THE COURT OF CO~qON PLEAS PLAINTIFF : CUMBERI~%ND COUNTY, PENNSYLVANIA TRACI L. SCHANER, : IN DIVORCE DEFENDANT : NOTICE TO THE DEFENDanT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT U}~ER SECTION 3301(d) OF T~IE DIVORCE CODE 1. The parties to this action separated on July 21, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 and correct. I understand that subject to the penalties of falsification to authorities. Date: in this affidavit are true false statements herein are made 18 Pa.C.S. 4904 relating to unsworn il am Schaner WILLIAM J. SCHANER, JR., PLAINTIFF TRACI L. SCH~a_NER, DEFENDANT IN THE COURT OF CO~R~ON P?.~-~S ~%ND COUNTY, PENNSYLVANIA IN DIVORCE NOTICE TO DEFEND AND CLAI~I RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Curmberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 WILLI/q/~ J. SCH~R, 01~., PLAINTIFF TP~%CI L. SCH~R, DE ~-~NDiq~NT NO. IN DI~)RCE IN THE COURT OF CO~R4ON PLEAS C~%I~D COLBY, P~SYL%rANIA COMPId%INT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is William J. Schaner, Jr. who resides at 1116 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Traci L. Schaner who resides at 102 Louisa lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant ihave been a bonafide residents of the Coramonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 27, 1997 in Cumberland County, Pennsylvania. 5. The parties have been living separate and apart since July 21, 2000. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. There was one child born of this marriage, Gabrielle Elizabeth Schaner, DOB 07/13/96. November 7, 2002 TRACI L. SCHANER 2110 WARREN WAY MECHANICSBURG, PA 17050 Re: Divorce Dear Ms. Schaner: I represent William J. Schaner. I have filed a No-Fault Complaint in Divorce on his behalf. Enclosed is your copy. It is my understanding that although you may not want a divorce you will not be contesting this divorce. Other than his share of your 401(k)and the marital home, your husband has elected not to claim any interest in any marital assets, except those currently in his possession or under his control. He is only seeking to end the marriage in the simplest manner. You have been living separate and apart for more than two (2) years so Mr. Schaner has filed his affidavit, your copy is enclosed. Your cooperation is encouraged. It is anticipated that the marital home will be sold and any proceeds or deficiency will be equally divided. Until the former marital home is sold, you and Mr. Schaner will share in the mortgage liability. You may wish to consult with an attorney. If you do retain an attorney please advise him/her of my representation of your husband. Sincerely, enclosures Thomas D. Gould cc. William J. Schaner 9. The Defendant is not a member ef the Armed Services of the United States or any of its Allies. 10. The Plaintiff has been advised of counseling and the Court 10. divorce. the availability of that Plaintiff may have the right to request that require the parties to participate in counseling. Plaintiff requests the court to enter a decree of Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made and correct. I understand that false subject to the penalties of 18 Pa. C.S. falsification to authorities. Date: in 'this Complaint are true statements herein are made 4904, relating to unsworn William J~ Schaner, Jr. / LISA G. DIAZ, Plaintiff RODRIGO J. DIAZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5525 CIVIL : : CIVIL ACTION - LAW : CUSTODY/VISITATION EI~TR¥ OF APPF~%~3kNCE Kindly enter my appearance on behalf of the Defendant, Rodrigo J. Diaz, in the above-captioned matter. Respectfully submitted, FRIEDMAN & KING, P.C. 69~N. Second Str~t Pe~thouse Suite v P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 WILLIAM J. SCHANER, PLAINTIFF TRACI L. SCHANER, DEFENDANT IN THE COURT OF CO~4ON PLEAS Cbl~EPJ~) COUNTY, PENNSYLVANIA NO. 2002-05425 IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce and Plaintiff's Affidavit Under Section 3301(d) was served upon the Defendant by depositing the same in the United States mail, certified, restricted delivery, on November 8, 2002, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the postal return receipt attached hereto, the Complaint was received by the Defendant on November 19, 2002. · Complete items 1, 2, an~J'$'~ Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card tc · Attach this card to the back, or on the front if 1. Article Addressed to: Is delivery address different from item 1' enter delivery addreSS below: No 3. Service Type . Certified Mail [] Express Mail Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Oeliveryq ~F_.xtm Fee) Gould it Law .n Street :own, PA 17011 1461 2. Ar PS F ~10259S-~ WILLIAM J. SCHANER, PLAINTIFF Vo TRACI L. SCHANER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05425 IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby ,certify that Plaintiffs Notice of Intention To Request Entry of Divorce Decree and Defendants Counter-Affidavit Under Section 3301(d) of the Divorce Code was served upon the Defendant by depositing the same in the United States mail, first class, postage pre-paid on December 10, 2002, to the address at which defendant received the complaint in divorce. The envelope was not returned by the postal authorities. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 WILLIAM J. SCHANER, PLAINTIFF V. TRACI L. SCHANER, DEFENDANT IN THE COURT OF COMMON PLEAS ~ COUNTY, PENNSFLVANIA NO. 2002-05425 IN DIVORCE DEFENDANT ' S COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: TRACI L. SCHANER WILLIAM j. SCHANER, PLAINTIFF Vo TRACI L. SCHANER, DEFENDANT IN THE COURT OF COMMON PI.mAS C%~ERLA~ COUNTY, PENNSYLVANIA NO. 2002-05425 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: TRACI L. SCHANER You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit. Therefore, on or after December 31, 2002, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter- affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAViT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF ¥OU DO NOT HAVE A LAWYER OR CANNOT~RD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEHE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717} 249-3166 1-800-990-9108 ThOmos D. Gould 2 EAST MAIN STREET SHIREMANSTOWN,PA 17011 ATTORNEY AT LA W (717) 731-1461 FAX 761-1974 December 10, 2002 TRACI L. SCHANER 103 LOUISA LANE MECHANICSBURG, PA 17050 Re: Divorce Dear Ms, Schaner: Enclosed is Plaintiff's Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Defendant's Counter- affidavit. You need to take no action for your divorce to be completed. , enclosures Sincerely, Thomas D. Gould cc. William J. Schaner WILLIAM J. SCHANER, PLAINTIFF VD TRACI L. SCHANER, DEFENDANT IN THE COURT OF COMMON PLEAS C%%"mERLAND COUNTY, PENNSYLVANIA NO. 2002-05425 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) (1) of the Divorce Code. 2. Date and manner of service of the complaint: U.S. Mail, Restricted Delivery, November 19, 2002. 3. (a) (1) Date of execution of the affidavit required by section 3301(d) of the Divorce Code: November 7, 2002; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on November 8, 2002, served November 19, 2002. 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: U.S. Mail, December 10, 2002. Thomas D. Gould Attorney for Plaintiff WII.I.TAM J. SCHAN~R, JR., Plaintiff Vo TRACI L. SCHANER, Defendant ' IN THE COURT OF COMMON PLEAS, ' CUMBERLAND COUNTY, PENNSYLVANIA ' NO. 00-8405 Civil Term - CIVIL ACTION - DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ~_ day of , 2003, by and between WILLIAM J. SCHANER, JR., hereinafter referred to as "Husband", and TRACI L. SCHANER, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 27, 1997; WHEREAS, the parties hereto separated on or about July 21, 2000; WHEREAS, there were one child born during this marriage, Gabrielle E. Schaner, bom July 13, 1996; and 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 fights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, 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: AGREEMENT NOT A BAR TO DIVORCE PR~DINGS. This Agreement shall not be considered to affect or bar the right of Husband or~ Wife to a 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 a condonation on the part of either party hereto of any act or acts on the part 2 of the other party which have occurred prior to or which may occur subsequent to the date hereof. RFFEC-~ OlvDIVORCE 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 diw)ree may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contr~aet remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. AGRP. P.MENT TO BP. INCORPORATED INTO DIVORCE DP. CREP.. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be: entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. DATE Ole 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 this 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 ti'tis Agreement. ADVIC~ OF' 12OUNSEI,. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Nora ~'. Blair, Esquire. Husband has been advised of and understands his right to seek legal counsel to explain the provisions of this Agreement and their.legal etTeet. Husband voluntarily waives his right to legal counsel. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarilY, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific. enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). PEIRSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her ~geparate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. EIusband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. SUBSlgQUIgHT R~CONCILL6TiON. The parties ~gree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. MUTUAL RI~L,?_,ASES. Husband and Wife each do hereby mutually 5 remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and ali 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 such other, of whatever nature or. wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the :right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all othei rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any State, Commonwealth or territory of the Urfited States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 6 thereof. It is the intention of Husband and Wife to give to each other with or upon the execution of this Agreement a fi~ll, 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. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or an~ other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. BANK ACCOUNTS AND I~'TI~~ ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, emplo~,ee savings plans and stock bonus plans. Husband and Wife agree that Husband shall receive $1,100.00 from Wil~e's ~'amily Eye Care SRA which is administered by Merrill Lynch Pierce I~. enner & Smith Inc. and that said transfer shall be made without any costs or tax consequences to Wife. Wife agrees to sign ail documents necessary to effect the transfer within ten (10) days of said documents being presented to her. Husband and Wife agree that all other accounts or plans and the balance of Wife's 11. 10. l~amily E-]ye Care SRA shall be the sole and separate property of the person in whose name the account is titled and each party waives any right, title or interest they may have in the other party's abcounts or plans. Both' parties agree to execute any documents necessary to effectuate this paragraph. PI~.RSONAL PROPIgRTY. Husband and Wife have accumulated various 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. The parties have divided their personal property to the satisfaction of both parties. The parties agree that all property currently at the marital residence shall be the sole and separate property of Wife. Husband agrees to return the parties' refrigerator to the marital residence prior to settlement on refinancing the mortgage or within, five (5) days of the date of this Agreement, whichever first occurs. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. AFTIgR-ACQUIRI~D PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by 8 12. him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this Paragraph, it shall be done immediately upon the request of the other party. RRAL I~STATIg. The parties are the owners of a house located at 4066 Seneca Avenue, Camp Hill, Pennsylvania. Wife shall retain said real estate as her sole and separate property. Simultaneously with Wife's refinancing of the mortgage, Husband shall execute a deed transferring his interest in said real estate to Wife. Wife agrees to provide lKusband a credit of $1,100.00 on his ch/Id support Order and to pay to l:Iusband Five Thousand Seven Hundred Fifty dollars ($5,750.00) for his interest in said real estate. The cash payment to I-Iusband shall be made witlhin sixty (60) days of the refinancing of the mortgage by Wife. If Wife is unable to pay the Five Thousand Seven Hundred Fifty dollars ($5,750.00) to I-Iusband within sixty (60) days of the refinancing, the house shalI be placed for sale with a real estate broker and any reasonable offer accepted. A reasonable offer shall be defined as an offer sufficient to pay off all liens on the property and at 9 least ninety-five percent (95%) of the fair market value. The proceeds from said sale shall be equally divided by the parties. Each party agrees to execute all documents necessary to implement this paragraph. Wife shall claim the mortgage interest and real estate taxes for federal tax purposes for 2003 and subsequent years. 13. AUTOMOBILES. The parties are the owners of two automobiles. The 2001 Nissan Sentra shall be Wife's sole and separate property. Wife shall be solely responsible for the payment o~fany loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The 1988 Ford F150 shall be Husband's sole and separate property. Husband shall he solely responsible for the payment of any loan on his vehicle. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of ttusband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 14. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. Husband and Wife each agree to retain each other, their child or a trust, for the benefit of their child as the beneficiaries of their life insurance policies with a face value equal to or exceeding that currently in existence until all of the parties' child are twenty-two (22) years of age. l0 15. Further the parties agree that if the face value of the party's life insurance policies does not total Fifty Thousand Dollars ($500,000.00), the party will name the other party, the parties' child, or a trust for the benefit of the parties' child as the beneficiary of the death benefit of the party's 401(k), Individual Retirement Account (IRA), other retirement or pension account, or other assets of the party's estate to reach a total death benefit for the parties' child of Fifty Thousand Dollars ($500,000.00) until the parties' daughter is twenty-two (22) years of age. CURRKNT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. lZIusband shall be solely responsible for payment of any and all debt that is in his name. Husband and Wife have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above, t~eept as other~se specifically stated in this Agreement, Husband shall be entirely and solely liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife with regard to same. Except as otherwise specifically stated in this Agreement, Wife shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully 11 I-rloay, .January .~1, .-~-~.,~ r-~w 17. 18. indemnify Husband with regard to same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. TAX ~ONSl~.QU]~N~$: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange ofsuch property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. TAX Rl~TURNS. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or 12 expense is fmakly determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. 19. W~ OF PAYME'NT OF LlgGAL Flgl~S. Wife shall be solely responsible for payment of her legal fees. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 20. ALIMONY AND ALIMONY PP. NDI~NTIg LITIg. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, alimony pendente lite, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 21. WAIVER OF BI~NIgFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving 13 Friday, January 3'1, :zuu,.~ ,q:,Zl ~-"lVi 22. spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the even't that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. DIVIDED ASSE-WS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Husband and Wife hereby assign all of their 14 ~-rl¢lay, dantlaly o i, zu,JO q./. I 24. 23. respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated, for Husband. Wife shall be the sole and exclusive owner of such assets as divided herein and designated for Wife. MUTUAL CONSP. NT DIVORCE. The parties agree and acknowledge that their marriage is irretrieVably broken, that they do not desire marital counseling, and that a complaint in divorce has been filed in Cumberland County. The parties agree to have the divorce decree entered in that case pursuant _to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations,, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the apphcable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. WARRANTY AS TO ]gXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability 15 26. 27. 25. or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless fbr and against any and all such debtS, liabilities or obligations of ever,~r kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTURE OBLIGAT/ONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever 'for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and ail steps and execute, acknowledge and l§ Friday, January 31, 2UU~ 4:z] ~mw 28. 29. 30. 31. deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effeCt to the provisions of this Agreement. LAWS OF PENNSYLVANIA APPLICABI.E. construed in accordance with the laws Pennsylvania which are in effect as of the Agreement. This Agreement shall be of the Commonwealth of date of execution of this AGRIgEM~NT BINDING HP. IRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. OTHIgR DOCVJMlg. NTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) 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 and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. NO INAIVI~R OP' DRP'AULT. 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 17 ,32. 34. such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of Strict performance of any other obligations herein. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure ofany partyto meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations ofthe parties. HgADINGS NOT PART O1~ AGI~~NT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely Friday, January for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNIgSS WI-Ig~OF, the parties hereto have set their hands and seals the day and year first above written. :WITNESS TRACI L. SCHANER WILLIAM J. SCHANER, PLAINTIFF TRACI L. SCHANER, DEFENDANT IN THE COURT OF COMMON PLEAS ~ COURT~, PENNSFLVANIA NO. 2002-05425 IN DIVORCE PRAECIPE TO TRANSMIT RECORD 5. file praecipe to transmit record, U.S. Mail, December 10, 2002. To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) (1) of the Divorce Code. 2. Date and manner of service of the complaint: U.S. Mail, Restricted Delivery, November 19, 2002. 3. (a) (1) Date of execution of the affidavit required by section 3301(d) of the Divorce Code: November 7, 2002; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on November 8, 2002, served November 19, 2002. Related claims pending: None Date and manner of service of the notice of intention to a copy of which is attached: Thomas D. Gould Attorney for Plaintiff INTHE COURT Of COMMON PLEAS' OF CUMBERLAND COUNTY STATE OF ~:~,~ ~ PENNA. WILLIAM J- SCHANER, Plaintiff VERSUS TRACI L. SCHANER, Defendant NO. 2002-05425 CIVIL DECREE IN DIVORCE AND NOW,~ DECREED That WILLIAM J. SCHANER 2003, it is ORDERED AND , PLAINTIFF, and TRACI L. SCHANER , 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 WPIICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY Th C U T: · ~' J' ~/'PROTHONOTARY