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HomeMy WebLinkAbout00-02926 . . . . i__ ': I """ ",' ,_~_, 0_>.W ._",," . . . ;t; :f.;t; ;f; . ... . . . .. . . IN THE COURT OF COMMON PLEAS . . . . . OF CUMBERLAND COUNTY . . STATE OF . . . . . . . . . PENNA. THOMAS RAYMOND JOERGER Plaintiff VERSUS CAROL LYNN JOERGER . Defendant . . . . . . . . . . . AND NOW, . . Die:CREED THAT . AND . . 2000-2926 Civil Term NO. DECREE IN DIVORCE ~ cPt-;t.~?.,+1 . ~Qf 1.3 , IT IS ORDERED AND THOl1AS RAYMOND JOERGER , PLAINTIFF, CAROL LYNN JOERGER , 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; . . . . None. The Agreement dated October II, 2004, attached hereto. . . . . . . . . . . . . . . . . . ~. . B ATT"T' ~ i2' P'OTHOHOTAe< . . :Ii ~ ;F.:F. :Ii :f.'" ;F.;t;;t; 'f.;f :f:+; ;to; ;to; Of. :ti "';to Of ;to ;ti;F.;+::+; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;F.;F.:F.;t;T. ',;:""""""\1" , ,. ,~-,,<~"'- ,.<,.., r .~ , .~.,"., - -".~ If .dO. ()S~ t/'dD,~ - -".",--,--,~~~ ~ ~ ~.- . ~ .''\ ~, '~;" '>""~'_~_'_<'_ ~-,~O_ .~ ~ ~_.~ .. t 1i-.,6''' ;'~,-"i. -, &J-~ ~ .tf-at'M 7fAc; ~ /; ,~ d;ft!.:.- ~ k ,.' ,-., ."""'~' ~~~-~-~, dlfl'QlfII .'~,T ])!1rqFlJl! f - i"~" ,-. --'-'--"" " " .",,~.w~i . , AGREEMENT BETWEEN THOMAS RAYMOND JOERGER AND CAROL LYNN JOERGER Arthur K. nils, Esquire Counsel for Husband Cara A. Boyanowski, Esquire Counsel for WIfe , TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions SECTION ill: Alimony and Alimony Pendente Lite Provisions SECTION IV: Child Custody, Child Support, and Health Insurance Provisions SECTION V: Property Distribution Provisions SECTION VI: Closing Provisions and Execution " 3 4 10 10 13 17 .' < SECTION I INTRODUCTION THIS AGREEMENT made this J \ & day of ~ 2004, by and between mOMAS RAYMOND JOERGER ("Husband") and CAROL LYNN JOERGER ("Wife"). WITNESSEm: WHEREAS, Thomas Raymond Joerger, Social Security Number 165-56-9545, was born on September 13, 1960, and currently resides at 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, WHEREAS, Carol Lynn Joerger, Social Security Number 176-40-4657, was born on March 22, 1963, and currently resides at 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, the parties hereto are Husband and Wife, having been married on April 5, 1986, in Mechanicsburg, Cumberland County, Pennsylvania, WHEREAS, the parties arethe parents ofthreeminor children, namely, Janelle Joerger, born November 28, 1987, Brian Joerger, born February 21, 1991, and David Joerger, born February 21, 1991. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, 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 genera!, 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 mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: 9 '1., .1 ,~~" SECTION n GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 330 l(c) of the Divorce Code of1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 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 fina1 decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party, This agreement shall survive any such fina1 decree of divorce, shall be entirely independent thereo~ and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date uponwhichit is executed by the parties if they have each executed the Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement sha1l be defined as the date of execution by the party last executing this Agreement. 4 . 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Arthur K. Dils, Esquire and to Wife by her attorney, Cara A. Boyanowski, Esquire, 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 voluntari1y, 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. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division OfpfOperty 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 or 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, The parties have heretofore filed joint federal lInd state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finaJly detennined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 7. PERSONAL RIGHTS Wife and Husband sha11 be free from any contact, restraint, interference or authority, direct or indirect, by the other in aJI respects as fully as if they were unmarried, Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shaJI not molest, harass, disturb, or malign each other or the respective families of each other. 5 .. " " 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights. as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 6 " , '_ 0',. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discoveIY including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. :PRESERVATION OF RECORDS Each party will keep and preserve for a period offour (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the tenus hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and sha1l not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Conunonwealth of 7 -"i. ,~ ,< M " 'C,_,,": - Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, 15. INTEGRATION This Agreement constitutes the entire understanding ofthe 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. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and atl written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until tenninated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict perfonnance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of strict performance of any other obligations herein, 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. Ifanyterm, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only 8 . ... "-, '0,_"',, that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Thomas Rayinond Joerger, 39 Patton Road, Mechanicsburg, Pennsylvania, 17055, or counsel for Thomas Raymond Joerger, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Carol Lynn Joerger, 39 Patton Road, Mechanicsburg, Pennsylvania, 17055, or counsel for Carol Lynn Joerger, or such other address as Wife from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and su\>paragraphs hereof are inserted solely for convenience ofrefetence and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 9 ~ .," "-" ~ SECTION m ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntari1y and intelligently, waive and relinquish any right to seek from the other payment for support, mRintenance, alimony pendente lite or alimony. SECTION IV CHILD CUSTODY, CHILD SUPPORT, AND HEALTH INSURANCE PROV:l:SIONS 1. LEGAL CUSTODY The parties agree that legal custody of their children, Janelle Joerger, Brian Joerger, and David Joerger, shall be shared equally between them to assure neither parent shall be foreclosed in participating in all decisions affecting the maintenance, support, education, health, safety and welfare of the children during their minority, fu addition to any provisions which may be contained herein regarding custody, both parties shall have the following rights with respect to the children: reasonable telephone ca1ling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment provided that such approval shall not be unrtlasonably withheld. 2. PHYSICAL CUSTODY The parties agree that physical custody of their children, Janelle Joerger, Brian Joerger, and 10 . ,-'- -- A - --lif', David Joerger, shall be shared equally between them, with the specifics of the custody arrangement to be at the discretion of the parties, 3. CmT,D SUPPORT The parties acknowledge that the Pa.R.C.P. provide guidelines for the payment of child support, however, the parties have agreed to an arrangement for child support independent ofthese guidelines, The parties acknowledge that the provisions for child support under the Pa,R.C,P. may be very different than the arrangements made herein and that the payments provided for in the Agreement are purely contractual in nature. In the event that Husband or Wifewereto bring an action to seek child support through the Cumberland County Court of Common Pleas Domestic Relations Office, any payments due under this Agreement shall be deemed null and void and shall not be considered by the Domestic Relations Office as any basis for the determination of support, Based upon these circumstances, neither party shall pay to the other child support, except, each party agrees to be equally responsible for assisting the children with clothing expenses, lunch monies, extra-curricular activity expenses, school project expenses, yearbooks, etc. Additionally, each party acknowledges that the children are presently enrolled in parochial school (Saint Joseph's) and shall continue in this type of educational curriculum. Each party also agrees to be equally responsible for satisfYing the tuition and expenses associated with this type of educational curriculum. The provisions of tlrls Paragraph are subject to review and modification by the Domestic Relations Office of Dauphin County upon petition of either party. 4. REALm INSURANCE Wife shall provide health insurance forthe parties' children, at the present levels and providing substantially the same benefits as are now in effect, for so long as the children are eligible to receive coverage under her present health care plan, In the event Wtfe' s health insurance shall cease, for any reason, Husband agrees to provide health insurance for the parties' children through his employer, or to provide one-half of the monthly premium fee in the event his employer does not provide health insurance coverage, 11 ~, '~,,-- , ~.. . , 5. INCOME TAX DEDUCTIONS (DEPENDENTS) The parties agree that Husband shall be entitled to claim Janelle Joerger as a dependent on all of his future income tax returns in all even numbered years, and Brian Joerger and David Joerger in all odd numbered years. The parties agree that Wtfe shall be entitled to claim Janelle Joerger as a dependent on all of her future income tax returns in all odd numbered years, and Brian Joerger and David Joerger in all even numbered years, When the parties are no longer eligible to claim their daughter, Janelle Joerger, as a dependent on their tax returns, the parties agree that Husband shall claim Brian Joerger on all of his future tax returns and Wife shall claim David Joerger on all of her future tax returns, 6. COLLEGE EXPENSES Both parties agree to financially support their children in the event they desire to enroll in a curriculum of higher education, After the parties have taken full advantage of all student loans and student financial aid programs, said expenses, ie" tuition, room and board, textbooks, shall be paid 50% by Husband and 50% by Wife. It is understood by both parties that the above expenses will be paid in the manner set forth above, as long as, the enrolled child is a student in good academic standing. 7. AUTOMOBILES The parties acknowledge that they own a 2002 Chevrolet Cavalier automobile, which is utilized by their daughter, Janelle Joerger. The parties agree that this vehicle should not be included as a marital asset, subject to distribution between the parties, but should instead be regarded as the sole and separate property oftbe parties' daughter, Janelle Joerger. 12 . , ---'>-~i , ". SECTION V PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that all of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, mgs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, shall be equally divided between them, at their discretion. Thereafter, Wife agrees that all of the property transferred to Husband shall be the sole l\Ild separate property of Husband; and Husband agrees that all of the property transferred to Wife shall be the sole and separate property of Wife, The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other, Notwithstanding the above, the parties acknowledge that the Baldwin Grandfather Clock shall be transferred to Wife, and become her sole and separate property. 2. BANK ACCOUNTS Husband and Wife are the owners of joint checking and savings accounts at Members First Federal Credit Union. Husband and Wife agree that these accounts shall be closed and the balances of each account equally divided between the parties. The balance of these accounts shall be valued as of the execution date of this Agreement, unless otherwise agreed upon between the parties, 3. RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets, The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. 13 , , " 4. AUTOMOBILES The parties are the owners of various automobiles including a 2002 Nissau Altima, a 2003 Nissan Altima, and a 2002 Chevrolet Cavalier. Husband and Wife agree that the 2002 Nissan Altirna shall be the sole and separate property of Husband, and Wife waives any right, title, or interest she may have in this vehicle, Husband and Wife agree that the 2003 Nissan Altirna shall be the sole and separate property QfWife, and Husband waives any right, title, or interest he may have in this vebicle, Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. Each party shall be responsible fur any loans on his or her vehicles distnouted under this Agreement. 5. CURRENT LIABILITIES The parties are t~e owners of several marital debts. The parties agree to equally divide the liability for the various marital debts: l. 2. 3. 4. 5. 6. 7. 8. First USA Mastercard Members I"F.C.U. VISA Credit Card Debt Credit Card Debt QVC Kohl's Warner Bros Studio Store Chadwick's of Boston Approximately $ 5,300 Approximately $ 6,200 Approximately $ 765 Approximately $ 400 Approximately $ 1,200 Approximately $ 900 Approximately $ 250 Approximately $ 220 The parties agree to cooperate in paying allJor settling these debts as soon as possible, such that each party agrees to pay fifty (50%) percent of the amount finally determined to be due to each creditor. The parties further agree that none of the above referenced debts shall be discharged through bankruptcy proceedings initiated by either party, In the evert the parties qualify to consolidate all of their marital debt into one debt, each party agrees to pay fifty (50"10) percent of the total amount due each month, until such time as the consolidation loan is paid in full. Again, each party agrees that he/she will not discharge the consolidation loan through bankruptcy proceedings. Wife and Husband represent that they have taken all steps necessary to make sure that no 14 I? .. . "' other credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability, except those listed above, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable, 6. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf, 7. AFTER-ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after their date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmanied. 8. REAL ESTATE A Marital Residence - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Marital Residence"), The parties agree as follows with respect to the Marital Residence: (1) From the execution date of this Agreement until Brain Joerger and David Joerger reach the age of eighteen (18) years, Husband and Wife shall continue to reside in the Marital Residence, together with their children, During this period of time, the parties agree to equaliy share in all mortgage payments, 'line of credit payments, utility bills, grocery expenses, real estate taxes, home owners insurance premiums, and general maintenance and upkeep expenses, forthe Marital Residence. The specifics of how these bills shall be divided between the parties shall be left to the parties sole discretion. (2) Upon the children reaching the age of eighteen (18) years, the parties agree the Marital Residence shall be listed for sale, with a real estate agent mutually acceptable to both parties, and the proceeds realized from the sale, be divided as follows: 1, SatisfY all remaining liens against the real property; 15 ,," . < . ~ .... , , ' 2. Satisfy all closing costs and necessary expenses incurred in the sale of the real property; . .p V~ f-hD I/Sa.ND ($ S; ""D. b1J ~ 3. Provide Husband with the first ~ Thsl:lSflftE! C) (.t7. AAI,) ,(0) Dollars realized from the net proceeds of sale, Thereafter, any remaining ,.3' net proceeds from the sale of the house sha1l be divided equally between the parties, with Husband receiving 50% of the net sales proceeds and Wife receiving 500/0 of the net sales proceeds, The parties agree that the price and terms of sale shall be the fair market value of the property as determined by the listing agent. The parties further agree that each will assume responsibility for one-half of any repairs or necessary up-grades, suggested and/or recommended by the real estate agent prior to listing the property for sale, as well as, any costs or sale deficiencies, associated with the sale of the Marital Residence, (3) In the event, prior to the children reaching the age of eighteen (18) years, both parties believe it would be in the best interest of the family to establish two separate households, upon mutual agreement, either of the following events may occur: 1. The Marital Residence may be listed for sale, following the same procedure and conditions as set forth above; or 2. If one party is in a financial position to refinance the existing mortgage(s) into hislher name and purchase the one-half interest of the other party, he/she may do so. The non-purchasing party shall fully cooperate in the refinance process and agrees to sign all documents necessary to effectuate the transfer of ownership in the Marital Residence. The non-purchasing party's interest in the Marital Residence shall be defined as the following: one-half of the difference between the fair market value of the Marital Property minus the balance of all existing mortgagesJlines of credit existing on the property as of the date of refinance. Fair market value shall be established by a real estate professional, mutually agreed upon between the parties, 16 ,'-;" ".. , SECTION VI CLOSING PROVISIONS AND EXECUTION ~ ,o~.'_ Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITlSESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. Qh&~MMu WITNESS ~ 17 ~ - [?- 0 If DATE /DjIJ/oz!; DATE / lii~~~jI~:ii!iii!.1fiiii...HI~~~aill1~~,j'~1.;;","..~~l!lM'€E!il~OliiM!_~lila.l 'lI8llu"- /:.:::> /!jI-t - "' - ~- ~, - - ,~ liilliO!iillii~~~"'~~"- . ~- , - ....:- ...., 1 ,~ - " ::1 'I ,i n II II II ! () ....., r- => !fi ~,. = <:"" c.n Cf:-~:~ :>:>- ..., -0 ::r.:.." ,,-.-:-_ "II :::0 nlp 7-. -. "'f)m ~{ ~~~ I 96 _J .-- .--, '.,;-'-M} '-r' )::-=:;,_." > "T::rl it-; ::I~ 0 ..,...0 ---m C 0 2: ~ =<! w ..,- '-< ~_,J~__ ,. ,iilll''"'''....'lI ~ , , - "~, t - ~. '~. .... THOMAS RAYMOND JOERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs, No, 2000-2926 Civil Term CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievably broken under Section (X) 3301 (c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By Acceptance of Service on May 12, 2000. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, March 31, 2005, by Defendant, November 10,2004. (b) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiffs affidavit upon Defendant: N/ A. I'" " ~~ .0Ii"",~. -~ '..-. '" 4. Date of service of Notice ofIntent to Finalize under Section 330l(d) of the Divorce Code: N/ A; 5. Date of filing of Waiver of Notice ofIntent to Finalize by Plaintiff: April 5,2005; by Defendant: November 10, 2004. 6. Related Claims Pending: None Respectfully submitted, B Arthur K. Dils, Esquire 1017 North Front Street Harrisburg,PA 17102 (717) 232-9724 J.D. No. 07056 Date: April 5, 2005 ~WI_MI~]!!W;i~"'i!<!i>l'''~1:';;\!kii;~i\'~!iliI*~il,.I~iJli!ol~M>L.ii>I;:.;",!kr;,'~'Jg;",,:<,li~4"fuill'J~~~ -"'~"~~'r'1i!J!.~~_'ril<l%l'tl~l!@li~lll.!1i!ji!j~~~"'-~'" M~ 'i.Wi1 .".. ,""'... a ....., 0 = c = -n $: <On .'1:.1r...-;:: :<>0 :i' rn ,~~; -0 m:lJ ::::::1:1 ::>0 ..... ri8 th2~: I :Elf!:) -<"",' -I ~S ~C) ;co ~t; o:l.l :::ll: z~ sf P-c: 0' z .. ~ :< w ~- .< II! ,-,-~ , , "~ , . . "'" THOMAS RAYMOND JOERGER, Plaintiff VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No, 2000- ~9~(.". C;'hl c L~ CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM JUGUlS 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 be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA. 17013 (717) 249-3166 1-800-990-9108 - L. - ,^~ .,. - .r ~ THOMAS RAYMOND JOERGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 2000-.2 9;u, C<;;J I.t..<.+-- CAROL LYNN JOERGER, Defendant CIVll.. ACTION - LAW IN DIVORCE COM;PJ.,AINT.-IN DIVORC.f;. illS"DER SECTION 3301 (~ OF TJIE DIVORCE CODE 1. The Plaintiff is Thomas Raymond Joerger, an adult individual who currently resides at 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and whose social security number is 165-56-9545 2. The Defendant, Carol Lynn Joerger, is an adult individual, who currently resides at 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania /l( -~b -t,ts-7 j(J/ 17055 and whose social security number is ~w:n <It t .~ tirne'1)- 3. Plaintiff and Defendant were married on April 5, 1987 in Cumberland County, Pennsylvania, -1- , I , - - o.k- ~ 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing, 5, Defendant is not a member of the Armed Services of the United States or its allies, 6, Plaintiff and Defendant are both citizens of the United States. 7, There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are three children born of the marriage. -2- -, ,.. , ' ,-~- - -" 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, DILS & RUPICH BY: Cui ~)fi, Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 171 02 (717) 232-9724 I.D, No. 07056 ,'. ',-,' .c~_ ~'-;- .', ""'""llic VERIFICA TION I verify that the statements made in this Complaint in Divorce 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: -1J; ~f ;: z . " ~ ..;.- iiIiIif .1:" THOMAS RAYMOND JOERGER, Plaintiff Vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No 2000- .29 ;)J(:3 CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DNORCE ACCEPTANCE OF SERVICE I, Carol Lynn Joerger, Defendant above named, hereby accept service of the Complaint in Divorce Under Section 3301(c) of the Divorce Code and acknowledge that I have received a certified copy of said docmnent on the /;;, day of May, 2000. BY:~Jr~~ Carol Lynn Joerger, efendant May / .J-> ,2000 *1Ui~Jj~~~~;tiltlii~i~it~h~~~~~~~! ..............oijiillDll.~ ~~ !!III' , ~, ~ " L ~ ,~,.~~~ [, ~ u~III.~- "; I () ~ ~ C ~ s: ~ ~i ~M?, Z::.0 ::0 tB~. I -I ~e ::t!..,., ".. o~ );~ t"J ::;!: Zo - ~ ::Pc: - ~ (..,) ~ -.. c.:> " %~~~ .~'. " , - " , _, 0"; ~ THOMAS RAYMOND JOERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I V5. No, 2000-2926 Civil Term CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the p'enalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 3 -3 J -os ! i ' i'1~~Ililii,td:___~m_.i!II~l!i[fmi~~,~l~,~(j\",{~,,<,;i.;""'.!ililr"'ililll1~1iii!'J!'~d~ ~.~ ~ ~\t\ - "'~ "~ -.~IIiMIlM ~"- J -" " '. -1iIiiio..,.; , I 0 '" c = ~ = ~ .." ;g!J:Z :l:>> :I! .:2:1" -0 m.:lJ ::C :::0 t;'- :g~ -'......- , ". cl~,. ~"":" ....., O:;J ~C ~0 n ~-r' @-H ~c5 :>:: ,t;i Pc ~ W ~ .. -< --::i1- - il """""-~ -. ""'" - -~~,,- ~"~-- -"~~~, THOMAS RAYMOND JOERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , vs, No. 2000-2926 Civil Term CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCEDECItEEuNiDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 Waiver 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: 3 - 3 1-0:) j!ilil~_J!i_~~Ilf.!!lIiMoo.'i~~~~,~j~0<I'd",~,-{,,~~,~~mlid. if !Jl - " ''1 .1"'___.li!!ll~lftll.~ '" . IT -. -t~,. () "'" = 0 C = -n u~ U1 :l> :::! n"lf'''' -0 ffi::tl z::i: ::0 25; I :B~ S!.::: -.l r:::c;, <;:jo -;: :!> 9:f1 ZC )>0 ::n: -0 - om c:: - Z ....-1 :z w ?6 J:'" -< '~ C. _'_,__c__< ~ ., _,'<,. -1'__'" "c,_, ,',- '_H - "--<, "" '-, -, -,' ;"'. '," .~ -- -' ,~- - _10-_'_ , -; '0'" ,'''' " " . .: - - -, c,; _ ~;, _: -. ,_ ,-, C'_, , THOMAS RAYMOND JOERGER. Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA : CIVIL ACTION - LAW 5;: ;g -"" :;e o "C : NO. 2000-2926 CIVIL TERM CAROL LYNN JOERGER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on May 10,2000. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,SA ~4904 relating to unsworn falsification to authorities, Date: & r!.-/-. / 1/ ~()v4 By: ~ f~flL-(fr-r'LL--r Carol Lynn Joerger, efendant' SocialSecurityNo, / 7 C - <fIJ- %.:q ~ ",'"c~ ,,',' 1ii",1 . ';:' ... .... ~~ ~ .. - '~-., i~~=~'J"-' y--~ "-" " " ~...,'~""" _, ".,_\'A_;_'..;, '"" '," ,~ -~~~ _.1," c ~; ;."[', r-> = (:=,.) .r-- :lC: o """ o '-11 -I :I" rnp -Om :09 00 '--1 -ri ::::c..-o Q(") :fc"'-Sr11 --, S;; :.rj _rl,.. <:::> " 3: l~ N ~ ~""'-- I~ ,:~_,-:-,_ -.-. ",^" , -~;-,-., -,-~;,-.<- '~-.~~ -'- '-- - ~" '4,,-.-. " ,- -,- THOMAS RAYMOND JOERGER, P1aintitT -~'.' - - ,~,--, ~ '~ '-"""""". : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2000-2926 CIVll.. TERM CAROL LYNN JOERGER, Defendant -' -o:? ",'^' :;e:d-: ~('..o J>C: c: ::2E~ -; -( : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 633011C) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. ~ -0 :::0 00 ' -;"TJ ::to :J';: r>'-, 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. ~4904 relating to unsworn falsification to authorities, Date: Del 1/ ~f I BY:~~~ Carol L oerger, enWfut -->.; 81"-+' ._,~~;-,,, ~< Yb~ B~ lII! 0'<..- ........." '~- - ., \ > M:-~ ;:-, .Jllt-i- ~ ",-__,'-i';".~;"" "",-" .......i.-- "'"" z/) -,:;" r.:: )~ ,5fEi~;? ;? -] ~, - ~ r.::> ....- "". o '""~ o .'n :r_ rn_U ,-. "om :Ov 06 --, '-h'-l"- o:d i5~? ..... )::,J :13 -< o :::0 ...I:; N .. 1'.) ,-~. -, ...1 ,--.,,"," ,_~'.-;':;; ,-_~;,.~_J;~,._,,_. "-".;-,_,,~,<-- 'j . r . ... THOMAS RAYMOND JOERGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2926 v, CAROL LYNN JOERGER, Defendant : CIVIL ACTION - LAW : IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: Defendant, Carol Lynn Joerger, intends to proceed with the above-captioned matter. q-~~-o5 Date ~~~ Attorney No, 68736 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, P A 17109 717-657-4795 Attorney for Defendant ;.;.....1 r- I ~.L=,-.i- 1!!l"'I. .- ~~- "1M;'" -, . '-"- - ~e ,- .'- ~'.&l"ftt~ - ~~ - -.. . . ~ .,- <>. '.-, '~"i' -''; ~--'''~ , ;,~ .0 'I , , 0 0 ~ ~ (..) ."- a .-: lJ[D C'? -,- Illrr'! '-i ;::;:::;:D 2;1.' "'r-- Zr'" I "ill en :~~ :6:....,.; (")6 ;:5.- ~f! =R ~'-._; ""0 ~c ~ '-1<:"5 :;:::CJ ~ ofTl S>c -, ?g =< r:- r0 -<. J-. '.. L_".,._c"..v . - - " ~ ~_.. ~:;. "",""~.,,,j - ~ THOMAS RAYMOND JOERGER, PLAINTIFF :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2000-2926 v, CAROL LYNN JOERGER DEFENDANT :CIVIL ACTION-LAW :IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record, for the Defendant, Carol Lynn Joerger, in the above-captioned matter. S //fj' / ex) Date Ka een C, Daley, Esquire Attorney No, 30078 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17110 (717) 657-4795 ..~ vs. IN THE COURT OF CO~N PLEAS CUMBERLAND COUNTY, FENNSYL VANIA No. 2000- ~9~("" ! COLl '-- I~ i THOMAS RAYMOND JOERGER Plaintiff CAROL LYNN JOERGER Defendant CIVIL ACTION - LAW IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish t defend against the claims set forth in the following pages, you must take prompt actio . You are warned that if you fail to do so, the case may be entered against you fo any other claim or relief requested in these papers by the Plaintiff. You may lose oney or property or other rights important to you, including custody or visitation ofy ur children. When the ground for the divorce is indignities or irretrievab e breakdown of the marriage, you may request marriage counseling, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISIO OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE 0 ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM NY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYE AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AF ORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ELOW TO FIND OUT WHERE YOU CAN GET LEGAL LP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 4. Plaintiff and Defendant have resided in the Commonwealth o~Pennsylvania for a period of at least six (6) months prior to this filing. 5, Defendant is not a member of the Armed Services ofthe nited States or its allies. 6, Plaintiff and Defendant are both citizens of the United Stat s, 7, There has been no prior action for divorce filed in any juri diction. 8. Plaintiff has been advised of the availability of marriage c unseling, and has waived said right. 9. There are three children born of the marriage. -2- 10. Plaintiff avers that the grounds on which this action is bas dare: (a) That the marriage is irretrievably broken, WHEREFORE, Plaintiff respectfully requests y ur Honorable Court to grant a Decree in Divorce, Respectfully sub itted, OILS & RUPICH BY: i)~ Arthur K. Di s, Esqtiire ont Str~et Harrisburg, A 17102 (717) 232-97 4 J.D. No. 070 6 VERIFICATION I verify that the statements made in this Complaint in D' orce are true and correct. I understand that false statements herein are made subje t to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to auth rities. I:-' Date: :/J1 #7 f z. I , ~ ~ "r" .. , ~. 1.1" 11'1 , -t- i >- (". .,.'. -.J ~:? _:J 02 \, - C1 r' .. .. 1 ~ t.\\ ,'. j ~., , r .; c.. '0 ~ , 0 P -{" Ci ) , /~., . t-, () ?So ~ "'~'. , .-.'- /} " ,. Vi vi ~ I', " '.,;. () ~ I':' ." l;'" cs;, .. r"" '..-j , , -- -- r:L C>'I- '1$- C) - - "~ 1\ <C (i1 "' U "" .tJ po; ,.:I ><: 'I-' ~ !:i: p.. 0 ,'"' ro c, :> ,.tJ '1j '?' N ;Z H ~ ~ ~ ::::> ",:;, ~ 0 C 1>"'-< $ ~ ~ .;~ tJt; ~ '" ro 'H "" ~ p ~ <" ~~ ,$ U U 0 :1\ ud C 3 o::z , H (i;p.. ~p ~ - c ~ 1--< u:>-t 0 "' 0 ~ "'> E" '" ~, '" :> ~ '" 'dO 1--' zr ~'Z 0< p:; H 0 U 0'" 0 ~ ,.:I p ~, C ('^, p:; if) o::Z I- r u.ffi 0 I 'Z . 0 r<) 0 {~2 w E-tU 0< '?, C " Z :> z XQ. "~ 0:: ~0 P<', H 0 -;t. :> H z. H , 0 ~ co <', I H >< :z c c. ~ S 00:: I- z? oz, <C oE-' I'C Z E" H (S~ ~'" U <C :> oU P': :>" ';7 E-. "' _if) ~cr: ..0 ,J 0< ,.0 H U ;r: 0:: (i:. ~>< '" m <C ~ E-' -< ;r:ri: Ul ,.0 .< H ,.:I Ul x E-t,"". 'Z H % 0 >-, ~ ::<c. :z: .:> c 1'4 :2 0 z::1~ OH \1' <C 0 HU p.. ZU (-< U C - f,. 111,... -,:- THOMAS RAYMOND JOERGER, Plaintiff v. CAROL LYNN JOERGER, Defendant : IN THE COURT OF CO MON PLEAS : CUMBERLAND COUNT, PENNSYLVANIA : NO. 2000-2926 : CIVIL ACTION - LAW : IN DIVORCE STATEMENT OF INTENTION TO PROCEE To the Court: Defendant, Carol Lynn Joerger, intends to proceed with the above-c ptioned matter. -.9 - 'iC-L> -0.5 Date ) ! n01L~' Cara A. Boyanows Attorney No. 68736 DALEY LA W OFFICES 1029 Scenery Drive Harrisburg, PA 17J09 717-657-4795 Attorney for Defendant c c.~ <.". .-} :.:, ':':'") :-, -I " '."" f,) THOMASRAYMONDJOERGE~ Plaintiff Vs. IN THE COURT OF COMM N PLEAS CUMBERLAND COUNTY, ENNSYL VANIA No 2000- .1'1'), '" CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE , I, Carol Lynn Joerger, Defendant above named, hereby accept ~ervice of the Complaint in Divorce Under Section 3301(c) of the Divorce C de and ~cknowledge ! that I have received a certified copy of said document on the / day oIfMay, 2000, ~, /' I BY: l ~[nJ,(V A 1(1':: .. Carol Lynn Joe ger, e endant May /:v ,2000 -cc ,+ ~c: y f 1':'0<" ~:S ;, r......., ;~: 1 >;;0 ;t~? ..., = ~ ~. "'0 ::>:J I -l ":'--, -", -.~ O::~-.- o -n ~-q rn;:;; :gy {:;C:? ~t~~ ;'~)rn ~-~ "1-:," t'""(") ~". - - w w THOMAS RAYMOND JOERGER, PLAINTIFF v, CAROL LYNN JOERGER DEFENDANT :IN THE COURT OF COMM PLEAS :CUMBERLAND COUNTY, P NNSYLV ANIA :NO. 2000-2926 :CIVIL ACTION-LAW :IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record, for the Defendant, C oI Lynn Joerger, in the above-captioned matter. S/I?/o::J Date ... ft2!/!lU!--L~ Q Kat leen C. Daley, Esquire Attorney No. 30078 DALEY LAW OFFICES ] 029 Scenery Drive Harrisburg, P A 17110 (717) 657-4795 THOMAS RAYMOND JOERGER, Plaintiff v. : IN THE COURT OF C MMON PLEAS : CUMBERLANDCOU TY,PENNSYLVANIA CIVIL ACTION - LA ~ . :/'11\ NO. 2000-2926 CIVIL ERM CAROL LYNN JOERGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT -' '?? .::- -. .::- 1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on May 10, 2000, 2. The marriage ofPlaintitrand Defendant is irretrievably br en and IDnety (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 se ce of notIce of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and corre . I understand that false statements herein are made subject to the penalties of IS Pa,C.S,A g4 4 relati~g to unsworn falsification to authorities. Date: 6t( / /, (~ {jzi"-I J; " i/ By:: il \.Fe -' ,_,fULL.., Carol Lynn Joerger, ~ Social Security No. / /] & -.' ~/() - I/L,5'7 , ,-, , Ii _.~._.._._--~-".,.-.. THOMAS RAYMOND JOERGER, PlaintitT : IN THE COURT OF C MMON PLEAS : CUMBERLAND CO IT, PENNSYLVANIA : CIVIL ACTION - LA v. CAROL LYNN JOERGER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DEC UNDER 3301 C OF THE DIVORCE COD I , I consent to the entry of a final decree of divorce without {:::2 --A\ = /'1 -"'" ''",~ , -c <;!' .::-- .::-- 2, I understand that I may lose rights concerning alimony, divis on ofprqperty, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decre is entered by the Court and that a copy of the decree will be sent to me inunediately 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.SA ~49 4 relating to unsworn falsification to authorities, Date: [I'd II / By: ~{;01 :~'~, "-JC::;.":Y :~F-,:-. ".'1 -r'l c:~, "..) THOMAS RAYMOND JOERGER, Plaintiff IN THE COURT OF COM ON PLEAS CUMBERLAND COUNT , PENNgy~ VANIA vs, No. 2000-2926 Civil Term CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofth Divorce Code was filed on May 10, 2000. 2. The marriage of Plaintiff and Defendant is irre . vably broken and ninety (90) days have elapsed from the date of filin and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce aD r servi~e of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are' e and! con'ect. I understand that false statements made herein are made subject to the ~enalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authoritie . Date: 3 -3 J -o/~ ~, c..:..:> = <.n o -n ..... :r.: n'~ ...,..,.rn s* ~~~ -~-;J~: t5rn ~ j] .< -:'"'.. :::t:t ;:;v I -.J :E: (,.) ~- - THOMAS RAYMOND JOERGER, Plaintiff IN THE COURT OF COM ON PLEAS CUMBERLAND COUNT , PENNS~L VANIA , YS, No. 2000-2926 Civil Term CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce wit out notke. 2, I understand that I may lose rights concerning al many, ~ivision of , property, lawyer's fees or expenses if I do not cl im theIh before a I divorce is granted. 3. I understand that I will not be divorced until a Divorc Decred is entered by the Court and that a copy of the Decree immediately after it is filed with the Prothonotary. wi I be sJnt to me , I verify that the statements made in this Waiver are t understand that false statements herein are made subject to the C.S. 94904 relating to unsworn falsification to authorities. e and correct. I enaltieslof 18 Pa. I Date: 3 - 3 / -().<J ~ (~ '.- ---,- ,-, ~.;;> = '01 C;J -n .-1 --:--4 rnr ""'2;) ~?J~, :::: :~~, ~ -;0 I -' :..,> " -'- --,", e,) _. .- - - . THOMAS RAYMOND JOERGER, Plaintiff IN THE COURT OF COM ON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs, No. 2000-2926 Civil Term CAROL LYNN JOERGER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following info ation, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievably broken under Sect' n (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicabl section) 2. Date and manner of service of the Complaint in Div rce: B~ Acceptance of Service on May 12, 2000. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent requireq by Section I 3301 (c) of the Divorce Code by Plaintiff, arch ~ 1, 2005, by Defendant, November 10, 2004. (b) Date of execution of Plaintiffs affidavit requ'red by Section 3301 (d) of the Divorce Code: N/A; Date of s rvice d>f Plaintiffs affidavit upon Defendant: N/A. . 4. Date of service of Notice ofIntent to Finalize und r Section 330 1 (d) of the Divorce Code: N/ A; 5. Date of filing of Waiver of Notice ofIntent to Final ze by Plaintiff: April 5,2005; by Defendant: November 10,2004. 6. Related Claims Pending: None Respectfully submitted, .,/ ,/- ~-~, B Arthur K. Dils, E quire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Date: April 5, 2005 ,-> c=> ~ ~. ::'0 ?0 I -, - - C) -n :~"-n rnf:: -o(}l ";~~~, 'u"~' '. (.:~t) ":,:,:-(T, U ,;.:~ :'i:l ...t.;:. LV ..(:'. AGREEMENT BETWEEN THOMAS RAYMOND JOERGER AND CAROL LYNN JOERGER f.rthur K. Dils, Esquire Counsel for Husband Cara A, Boyanowski, Esquire Counsel for Wife TABLE OF CONTENTS SECTION 1: Introduction 3 SECTION II: General Provisions 4 SECTION III: Alimony and Alimony Pendente Lite Provisions 10 SECTION N: Child Custody, Child Support, and Health Insurance Provisions 10 SECTION V: Property Distribution Provisions 13 SECTION VI: Closing Provisions and Execution 17 SECTION I INTRODUCTION THIS AGREEMENT made this 1 h.lh day of ~ 2004, by and between THOMAS RAYMOND JOERGER ("Husband") and CAROL LYNN JOERGER ("Wife"). WITNESSETH: WHEREAS, Thomas Raymond Joerger, Social Security Number 165-56-9545, was born on September 13,1960, and currently resides at 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, Carol Lynn Joerger, Social Security Number 176-40-4657, was born on March 22, 1963, and currently resides at 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, WHEREAS, the parties hereto are Husband and Wife, having been married on April 5, 1986, in Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, the parties are the parents of three minor children, namely, Janelle Joerger, born November 28, 1987, Brian Joerger, born February 21, 1991, and David Joerger, born February 21, 1991. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of WIfe and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, 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 mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION n GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 330 l( c) of the Divorce Code ofl980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 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, 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereoJ: and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 . 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Arthur K. Dils, Esquire and to Wife by her attorney, Cara A. Boyanowski, Esquire. 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. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, 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 or 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, The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 7. PERSONAL RIGHTS Wife and Husband shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable, Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other. 5 . 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic Of otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forevef discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties Of otherwise, whether now existing or hereafter arising. The above felease shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to feceive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior Of subsequent to this Agreement. C. Except for any cause of action for divorce which eithef party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 6 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate, Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period offour (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted, In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of 7 ~ Penosylvania, 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. 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. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (I 0) days at most after demand thereof) 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. 17. 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 ofthe provisions ofthis Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement, If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only 8 that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Thomas Raymond Joerger, 39 Patton Road, Mechanicsburg, Pennsylvania, 17055, or counsel for Thomas Raymond Joerger, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Carol Lynn Joerger, 39 Patton Road, Mechanicsburg, Pennsylvania, 17055, or counsel for Carol Lynn Joerger, or such other address as Wife from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect, 21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void, 9 . SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony, Husband and Wife further, voluntarily and intelligeotly, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. SECTION IV CHlLD CUSTODY, CHlLD SUPPORT, AND HEALTH INSURANCE PROVISIONS 1. LEGAL CUSTODY The parties agree that legal custody of their children, Janelle Joerger, Brian Joerger, and David Joerger, shall be shared equally between them to assure neither pareot shall be foreclosed in participating in all decisions affecting the maintenance, support, education, health, safety and welfare of the children during their minority, In addition to any provisions which may be contained herein regarding custody, both parties shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment provided that such approval shall not be unreasonably withheld. 2. PHYSICAL CUSTODY The parties agree that physical custody of their children, Janelle Joerger, Brian Joerger, and 10 David Joerger, shall be shared equally between them, with the specifics ofthe custody arrangement to be at the discretion of the parties. 3. CHILD SUPPORT The parties acknowledge that the Pa,RC.P, provide guidelines for the payment of child support, however, the parties have agreed to an arrangement for child support independent of these guidelines. The parties acknowledge that the provisions for child support under the Pa,RC.P. may be very different than the arrangements made herein and that the payments provided for in the Agreement are purely contractual in nature. In the event that Husband or Wife were to bring an action to seek child support through the Cumberland County Court of Common Pleas Domestic Relations Office, any payments due under this Agreement shall be deemed null and void and shall not be considered by the Domestic Relations Office as any basis for the determination of support, Based upon these circumstances, neither party shall pay to the other child support, except, each party agrees to be equally responsible for assisting the children with clothing expenses, lunch monies, extra-curricular activity expenses, school project expenses, yearbooks, etc. Additionally, each party acknowledges that the children are presently enrolled in parochial school (Saint Joseph's) and shall continue in this type of educational curriculum, Each party also agrees to be equally responsible for satisfYing the tuition and expenses associated with this type of educational curriculum. The provisions of this Paragraph are subject to review and modification by the Domestic Relations Office of Dauphin County upon petition of either party, 4. HEALTH INSURANCE Wife shall provide health insurance for the parties' children, at the present levels and providing substantially the same benefits as are now in effect, for so long as the children are eligible to receive coverage under her present health care plan. In the event Wife's health insurance shall cease, for any reason, Husband agrees to provide health insurance for the parties' children through his employer, or to provide one-half of the monthly premium fee in the event his employer does not provide health insurance coverage, 11 , , 5. INCOME TAX DEDUCTIONS (DEPENDENTS) The parties agree that Husband shall be entitled to claim Janelle Joerger as a dependent on all of his future income tax returns in all even numbered years, and Brian Joerger and David Joerger in all odd numbered years, The parties agree that Wife shall be entitled to claim Janelle Joerger as a dependent on all of her future income tax returns in all odd numbered years, and Brian Joerger and David Joerger in all even numbered years. When the parties are no longer eligible to claim their daughter, Janelle Joerger, as a dependent on their tax returns, the parties agree that Husband shall claim Brian Joerger on all of his future tax returns and Wife shall claim David Joerger on all of her future tax returns. 6. COLLEGE EXPENSES Both parties agree to financially support their children in the event they desire to enroll in a cumculum of higher education. After the parties have taken full advantage of all student loans and student financial aid programs, said expenses, i. e" tuition, room and board, textbooks, shall be paid 50% by Husband and 50% by Wife, It is understood by both parties that the above expenses will be paid in the manner set forth above, as long as, the enrolled child is a student in good academic standing. 7. AUTOMOBILES The parties acknowledge that they own a 2002 Chevrolet Cavalier automobile, which is utilized by their daughter, Janelle Joerger. The parties agree that this vehicle should not be included as a marital asset, subject to distribution between the parties, but should instead be regarded as the sole and separate property of the parties' daughter, Janelle Joerger. 12 SECTION V PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that all of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, shall be equally divided between them, at their discretion. Thereafter, Wife agrees that all ofthe property transferred to Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property transferred to Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other, Notwithstanding the above, the parties acknowledge that the Baldwin Grandfather Clock shall be transferred to Wife, and become her sole and separate property. 2. BANK ACCOUNTS Husband and Wife are the owners of joint checking and savings accounts at Members First Federal Credit Union. Husband and Wife agree that these accounts shall be closed and the balances of each account equally divided between the parties, The balance of these accounts shall be valued as of the execution date of this Agreement, unless otherwise agreed upon between the parties. 3. RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets, 13 , " 4. AUTOMOBILES The parties are the owners of various automobiles including a 2002 Nissan Altima, a 2003 Nissan Altima, and a 2002 Chevrolet Cavalier. Husband and Wife agree that the 2002 Nissan Altima shall be the sole and separate property of Husband, and Wife waives any right, title, or interest she may have in this vehicle, Husband and Wife agree that the 2003 Nissan Altima shall be the sole and separate property of Wife, and Husband waives any right, title, or interest he may have in this vehicle. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. 5. CURRENT LIABILITIES The parties are the owners of several marital debts, The parties agree to equally divide the liability for the various marital debts: L 2, 3. 4. 5, 6. 7, 8. First USA Mastercard Members l"F,C.u. VISA Credit Card Debt Credit Card Debt QVC Kohl's Warner Bros Studio Store Chadwick's of Boston Approximately $ 5,300 Approximately $ 6,200 Approximately $ 765 Approximately $ 400 Approximately $ 1,200 Approximately $ 900 Approximately $ 250 Approximately $ 220 The parties agree to cooperate in paying allIor settling these debts as soon as possible, such that each party agrees to pay fifty (50%) percent of the amount finally determined to be due to each creditor. The parties further agree that none of the above referenced debts shall be discharged through bankruptcy proceedings initiated by either party. In the evert the parties qualifY to consolidate all of their marital debt into one debt, each party agrees to pay fifty (50%) percent of the total amount due each month, until such time as the consolidation loan is paid in full, Again, each party agrees that he/she will not discharge the consolidation loan through bankruptcy proceedings, Wife and Husband represent that they have taken all steps necessary to make sure that no 14 " . , other credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability, except those listed above, From the date of execution of this Agreemeot, each party shall use only those credit cards and accounts for which that party is individually liable. 6. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf 7. AFTER-ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after their date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried, 8. REALESTATE A Marital Residence - The parties acknowledge that they are the owners, as teoants by the entireties, of certain real property known as 39 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (I) From the execution date of this Agreement until Brain Joerger and David Joerger reach the age of eighteen (18) years, Husband and Wife shall continue to reside in the Marital Residence, together with their childreo, During this period of time, the parties agree to equaliy share in all mortgage payments, line of credit payments, utility bills, grocery expenses, real estate taxes, home owners insurance premiums, and general maintenance and upkeep expenses, for the Marital Residence, The specifics of how these bills shall be divided between the parties shall be left to the parties sole discretion. (2) Upon the children reaching the age of eighteen (18) years, the parties agree the Marital Resideoce shall be listed for sale, with a real estate agent mutually acceptable to both parties, and the proceeds realized from the sale, be divided as follows: 1. SatisfY all remaining liens against the real property; 15 , , . 2, Satisfy all closing costs and necessary expenses incurred in the sale of the real property; Ii v" f) ID Ii ~{LNL> (~~< (,oDDO ) 3. Provide Husband with the first S- Thea~and- 0f (~7, A(;1Q. Oll) Dollars realized from the net proceeds of sale, Thereafter, any remaining r J' net proceeds from the sale of the house shall be divided equally between the parties, with Husband receiving 50% of the net sales proceeds and Wife receiving 50% of the net sales proceeds, The parties agree that the price and terms of sale shall be the fair market value of the property as determined by the listing agent. The parties further agree that each will assume responsibility for one-half of any repairs or necessary up-grades, suggested and! or recommended by the real estate agent prior to listing the property for sale, as well as, any costs or sale deficiencies, associated with the sale of the Marital Residence, (3) In the event, prior to the children reaching the age of eighteen (18) years, both parties believe it would be in the best interest of the family to establish two separate households, upon mutual agreement, either of the following events may occur: 1, The Marital Residence may be listed for sale, following the same procedure and conditions as set forth above; or 2, If one party is in a financial position to refinance the existing mortgagees) into hisfher name and purchase the one-half interest of the other party, he/she may do so, The non-purchasing party shall fully cooperate in the refinance process and agrees to sign all documents necessary to effectuate the transfer of ownership in the Marital Residence, The non-purchasing party's interest in the Marital Residence shall be defined as the following: one-half ofthe difference between the fair market value of the Marital Property minus the balance of all existing mortgagesllines of credit existing on the property as of the date of refinance. Fair market value shall be established by a real estate professional, mutually agreed upon between the parties, 16 -~_._--_..,_.-..-._...>.._.._-_..~~,- , . . . SECTION VI CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be le!1;ally bound hereby, the parties hereto have set their hands and seals on the date indicated below, 9- [(-04 DATE (JlJh~cwJu WITNESS ~~~ CAROLL .~" " IU/J//tY-f DATE / 17 r) J.-''''' ._.J, ~} '-<> .....- '" {:~;> C;) ~, :C"~ -',) "'" , -J Sf: ,--f ,- n,:!] -"I" i.<? ..;:;~: \_=,,-~ ,C) '-'Ii .'+: '+:+ '+:+ '+ ,+;Ii ,+;Ii;f. Oii Oii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+'+:'+'+: AND Oii;li ;Ii;li~++++'+'+'++;Ii+;Ii+++'++:+'++'+'++'+++++ +,+,+,++;Ii+:++:++++;Ii++++++++;Ii+:+:++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + . + . . + . . . + . + . . + . . . . . . . . . . + . . . . . . . . + + + + . + . . . + + . . + + . . . + + + + + + . + + + + + + . + + ++++++ ~ +++ ++++++++++++~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. THOMAS RAYMOND JOERGER Plaintiff No. 2000-2926 Civil Term VERSUS CAROL LYNN JOERGER Defendant DECREE IN DIVORCE AND NOW, ~ \3 .A- ;).,.~ ~~ . ~ , IT IS ORDERED AND DECREED THAT TRO"~S RAYMOND JOERGER , PLAINTIFF. CAROL LYNN JOERGER , 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; None. The Agreement dated October 11, 2004, attached hereto, B ATT'oT ~ ~. PROTHONOTARY +++++ '+ ++++'+'f.'++' '++ +,,++:+,+++++++++++,+'++++++++++ J. ~r -:r -:'i? )p 7 nrr"'" I'r'" 70 p J' 1?T"'" 4iv /W , . 't.,-,,', . 50 Qf' ! '> IJ .Q'C ';