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HomeMy WebLinkAbout00-03425 .. ",,;.......~;.,''',,~........o:' '.._....,"~~._...~"........',H._..",'_"/'.........~."...~~"',..._"'..=-.,H,:_..-..,...-..,..,-..........".,,.............,..............,........'.,u...........'H,............. ',,",' ." . , .My~.',."'._.'...,'........'/,..'........../...,'._.".."~....,,i~"..,'!...."......,'!....;:.,~,'!_~".,'~........~",-,~..!~..!,;-:"._.,;,.._...,;--"...'FA.~ ,:..........,,-;,.....Z:;. ,~._.;~,-,:......,~~ ':."'~~;,-:':;.!~'!.;'j;l!~.~~!1S~.."1'~'.......'W'..._..,,.?'..._~;............'~:~'...._,...._.f:!!?!;'1 ~'._~ . ... 'H' ,.., .... .., .H, ... '. ".....,..,...._.~ ...'.......:.h,....~,..~........i.+;~'._:'+.',..........:'~''''...........S;d.;.......''._R;X~ ~ ~ ~ * :'.': ~~" ~ ~~ ~.~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ , OF CUMBERLAND COUNTY ~.~ ~ ~.~ ~ ",.", ~ "'.~ ",.", ~ "'.~ I "'.~ t lOl' ~.': ~ ',..,' ~ ~.~ ~ ~ ~ * ~.~ . ~.~ """ t~ , t'" -~ l', , .- '~" ~-. '0 ~ '~'" ; - > : ""~,,.:; , .. ., \ '.- ',' " .0- .~ '-~' . , STATE OF PENNA. ..uu<::()NNIE u~.'.uPRE:(;~Ruu No. u.....99::JA.?5 ..................19 Versus ALFRED G. DREGER ~,.~ ~ 'vl h ~ a ~.~ ~ t ~.~ ~ , ."" ~i . ~.{ ~ ~..; >;~ w ~~ I I:i' ~ ~~ , .,"" DECREE IN DIVORCE AND NOW, . .. Q.(..t"'.~.c..5. .. .l.~ . .. . .. " l:jJ. fP.O.Q, it is ordered and decreed that....... .c:C?~~.I.~ .~.'. .~~~~.~.......,.............., plaintiff, and.......... .'(\~:F.~I;:J;>. ~'. .J;>~GI;:~...."...................", 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; AND IT IS FURTHER ORDERED, that the terms, conditions and coy.enan~s.se~.fQr~h.i~.the.writ~n.P~oper~~.Se~tlement.Agreement made and entered into by the parties on May 3, 2000, are incorpo- rated' into' this. D'E"cree' 'by' rsference' thereto; . but. not 'merged' into this Decree. ~ ~.~ ~ ~ ~ to,; a .,o~ ~ ::;::.::()::.;o;;: ::'::+::0':: ::;'::+xx.;( :::.::.::< :.-::.::0,,: ::"::+X:::O::.:;": :::.::.::~;' By The. yayrt: Ai'~ivjr ~ >~ i ~ ~ ll~ . . ","...,- ...,......... ; ~:..,,:.....",,'(!f_i.". ....... 0 _____0...__.. Prothonotary '.' ..-( '::<+::..;;: :::.::.>:: :"'::.::.;,: )!<<( ).::.:0:: :::-.::+::( ::,o::+::( '::0::+::.;;. ....::.::.< .,'!::.},: "'0:.;0". ,'-- ~~~ ~ ,0,' i ~.~ ? ~ ~ ; ~o~ ~ ~O; . ~ ~o~ ~ i ~.~ ~ ~o~ ~ i i ~.~ "'~< ~ .,,0';' ~~~ , ~ S ~:~ . ~~:~. ~o~ ~ i ~o<! ~ ~ ~ ;OS ~ --,,' ~ ~o~ i ~o~ ~ ~o~ i ~o~ ~ ~.~ J. ~ ~o~ ~ '.. ~ '.' :8. ~o~ ~ " , , I I I~ lW'II!!!II!I'. . P '/I'6JO /0 </(.t2:J , .~- ", '0'"-,,.'.,,- '" ~,"-I__"',," "-'" "'.'~ ~'~".. - imu' .' , . v~~~.~.4~ 7t~ ~ ~.~. , . _ ,.i....,_~~.!!ll!Ilt:l!~\Il!ill!Iq'~,," .."..~, l," "'"""'~ ~<:".~"'"." "," '<." '"~. ',,"'''> .~ "__'" " ,d<~" , _~. _, , __, _, ,OJ,:_", ". . CONNIE M. DREGER, Plaintiff v. ALFRED G. DREGER, Defendant O' <"-",,_-" 'v""", _,.". _~ ,,' .<-~_"._,_,_" '.',_ "''''-~~'"" ____~~./~_.. , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3425 Civil Term : CIVIL ACTION - LAW : IN DIVORCE PROPERTY SETTLEMENT AGREEMENT .. ,. ~".. - ~ - " . PROPERTY SETTLEMENT AGREEMENT {J- THIS AGREEMENT, Made this g day of (Y\~ 2000, by and between ALFRED G. DREGER, hereinafter referred to "Husband", and CONNIE M. DREGER, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 18, 1983; and WHEREAS, there were no children born of the marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, fully understand and agree that Wife is represented by Sandra L. Meilton, Esquire and that Husband has the right to have the advice of independent counsel prior to the signing of this Agreement, and that by signing this Agreement, Husband recognizes that he fully understands the legal impact of this Agreement and waives his right to have the Agreement reviewed by an independent attorney of his choosing and further intends to be legally bound by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to Jive separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. ,< 2. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on December 16, 1999 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on December 16, 1999 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Description Responsible Party Mortgage on marital residence at Route 209, Wiconisco, PA with Fleet Mortgage Group Husband Debt to PSECU (Acct. 0180528265, ID 10j for 1999 Jeep Wrangler Wife Debt to PSECU (Acct. 0180528265, ID 11) for 1995 Dodge Dakota Husband Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. In the event that either party contracted or incurred any debts since the date of separation on December 16, 1999, the party who incurred said debt - 2 - " shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 6. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 ~. ~, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. - 3 - .' A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A". The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit "A" attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. - 4 - " B. DISTRIBUTION OF REAL ESTATE: 1 . Marital Residence: The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property located on Route 209, Wiconisco Township, Dauphin County, Pennsylvania (hereinafter referred to as "Marital Residence"), subject to a mortgage with Fleet Mortgage Group. The parties agree as follows with respect to the Marital Residence: (a) At the time of the execution of this Agreement, Wife shall execute all documents necessary including a deed, to transfer all her right, title and interest in the Marital Residence to Husband subject to the mortgage and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Husband shall be the sole and separate owner of the Marital Residence. (b) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsilille for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. Wife agrees not to require Husband to seek a new mortgage at the time of execution of this Agreement; however, the parties agree that should the existing mortgage be in default at any time, Husband shall within fifteen (15) days of the event of default, seek a new mortgage or in the alternative, within fifteen (15) days of default list the real estate for sale. Should a sale of the real estate occur under these circumstances, the existing mortgage shall be paid in full as part of the sale proceeds. (d) Husband and Wife agree that all property stored in the detached garage of the marital residence belongs to Wife's parents. - 5 - , ,. .k"~ Neither party shall make a claim to the property stored in the detached garage and Wife's parents shall be entitled to continue to utilize the garage for as long as Husband continues to reside in the marital residence. 2. Aoartment House: The parties acknowledge that Wife is the owner of certain real property known as 645 North Second Street, Lykens, Dauphin County, Pennsylvania (hereinafter referred to as "Apartment House"). The parties agree as follows with respect to the Apartment House: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Apartment House to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Apartment House. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Apartment House shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Apartment House regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (d) At the time of the signing of this Agreement, as long as Husband's mother, Mary Dreger, resides in the apartment building, she shall be responsible for the utilities incident to the building, and for payment of the fire and hazard insurance premium on the building. Either Mary Dreger or Wife may terminate this arrangement with thirty (30) days notice to the other. - 6 - . ., ..-~ " ~ 1<-,,' 3. Factorv: The parties acknowledge that Husband is the owner of certain real property known as 646 North Street (Rear Alley), located in the Borough of Lykens, Dauphin County, Pennsylvania (hereinafter referred to as the "Factory"). The parties agree as follows with respect to the Factory: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Factory to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Factory. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the ownership of the Factory shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies in connection with said interest in said real estate. (c} Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to said interest in the Factory regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (d} If, at the time of signing of this Agreement, Husband continues to utilize the factory to operate his saddletowel business, or for other purposes, Husband shall be responsible for the utilities incident to the building, and for payment of the fire and hazard insurance premium on the building. Either Husband or Wife may terminate this arrangement with thirty (30) days notice to the other. 7. PENSION AND RETIREMENT PLAN: The parties agree that Wife is currently employed by Keystone Financial, Inc. ("Keystone"} and through "Keystone" participates in both a 401(k) plan - 7 - .R_ that includes matching contributions by "Keystone" in the form of "Keystone" stock, and a separate employee stock purchase plan (ESPP}. In addition, Wife has established an Individual Retirement Account from the rollover of a 401(k) plan from her former employer, Angino and Rovner. The parties agree that Wife shall retain all of these plans in full and that Husband shall waive all of his right, title and interest in Wife's said plans. Any other retirement plans that Wife may have due to her employment shall be her sole property. Husband is currently employed by Codi, Inc., also known as Shelbi, Inc. and shall retain any pension incident to said employment or any other pension benefits that he has accumulated as a result of employment during the parties' marriage. 8. DREGER CUTTING AND SADDLE TOWELS: Wife hereby agrees to transfer to Husband any right, title or interest she may have in connection with Husband's business known as Dreger Cutting and Saddle Towels, and Wife further agrees to sign any and all documents necessary to enforce this provision. In exchange for such transfer, Husband shall assume and pay any and all liabilities owed or incurred by either of the parties in connection with the operation of the business or incurred because of Husband's ownership or operation of Dreger Cutting and Saddle Towels, including, but not limited to, any taxes owed to the United States Internal Revenue Service or other taxing authority, loans or any other expenses and to indemnify and save Wife harmless from any and all such claims or demands made against her by reason of such liabilities. 9. STOCK: The parties agree that Husband shall retain his various "penny" stocks, including but not limited to Banyan Strategic Real Estate, Electronic Tele- Communications, Inc., and Golden Triangle. Wife hereby waives all of her right, title and interest in said stock and agrees to execute any documentation evidencing said waiver, if necessary. 10. INDEXED MONEY MARKET: The parties acknowledge that they own an indexed money market account at Keystone Financial Bank, N.A. in the amount of $394.06 (as of - 8 - ""- January 28, 2000). The parties agree that said funds shall be held by Wife for a period of six (6} months from the date of this Agreement as an emergency fund to assist Husband with the payment of the mortgage on the marital residence. After the expiration of the six month period, any money remaining in said indexed money market account shall be transferred to Husband. 11. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1999 Jeep Wrangler shall become the sole and exclusive property of Wife subject to any debt, encumbrance or lien which may exist with PSECU in connection with her purchase of said vehicle. Within one-hundred twenty (120} days of the execution of this Agreement, Wife shall take the steps necessary to transfer the debt to her name alone. If this cannot be done, then and in that event, Wife shall be fully responsible to pay said debt, encumbrance and/or lien in full and agrees to indemnify and hold harmless Husband and his property from any claim or liability that Husband will suffer or may be required to pay because of such debt, encumbrance or lien. However, the parties agree that should the existing loan be in default at any time, Wife shall immediately seek a new loan in her name alone or sell the said vehicle. Under these circumstances, upon sale of the vehicle, the debt shall be paid in full; and (b) the 1 995 Dodge Dakota shall become the sole and exclusive property of Husband subject to any debt, encumbrance or lien which may exist with PSECU in connection with his purchase of said vehicle. Within one- hundred twenty (120} days of the execution of this Agreement, Husband shall take steps necessary to transfer said debt into his name alone. If this cannot be done, then and in that event, Husband shall be fully responsible to pay said debt, encumbrance and/or lien in full and agrees to indemnify and hold harmless Wife and her property from any claim or liability that Wife will suffer or may be required to pay because of such debt, encumbrance or lien. However, the parties agree that should the existing loan be in default at any time, Husband shall immediately seek a new loan in his name alone or sell the said vehicle. Under these circumstances, upon sale of the vehicle, the debt shall be paid in full; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. - 9 - . ,>., ~-- - '-, ~, - 12. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her 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. 13. LIFE INSURANCE: The parties acknowledge that Wife has a life insurance policy covering her with Metropolitan Life Insurance Company and a policy covering her through her employment with Keystone and that Husband has life insurance policies covering him with New York Life and Prudential. The parties agree that each shall retain said insurance policies, including cash surrender values on any policy. 14. ALIMONY: Both 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 or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 15. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. - 10 - . 16. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. 80th 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. 17. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 18. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to - 11 - - ,-'C .i. "r.;, execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 19. SUBSEQUENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, accordingly, it is contemplated that Wife will proceed with a no fault Complaint in divorce in the near future. At the appropriate time, both parties agree to execute such consents or other documents and to direct their respective attorneys to forth with file those consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c}. Upon request, to the extent permitted by law and the applicable 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. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, for the purpose of enforcement only and shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 20. BREACH AND ENFORCEMENT: 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 seek such other remedies or relief as may be available to him or her, and - 12 - the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 23. VOLUNTARY EXECUTION: The Husband acknowledges that Sandra L. Meilton, attorney, has acted as legal counsel to Wife in connection with the negotiation and preparation of this Property Settlement Agreement. The Husband acknowledges that, by copy of this Agreement, he has been advised of his right to seek the advice of counsel of his own choice in connection with any matter pertaining to this Agreement or the contemplated divorce action to be filed by Wife. Upon that provision, Husband and Wife acknowledge and represent that the provisions of this are fully understood by both parties and each party acknowledges that the Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly and that it is not the result of any duress or undue influence; Husband further acknowledges that he had the opportunity to seek the advice of legal counsel for the purpose of having the legal effect of the provisions herein fully explained to him, and that if he chose not to seek such legal counsel, such action was taken by him voluntarily of his own free will. - 13 - -~~ '-, 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 26. MODIFICATION AND WAIVER: A modification or waiver of any of the provIsions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. - 14 - 27. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 28. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 31. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be considered an original and both of which taken together shall constitute full and proper execution hereof. IN WITNESS WHEREOF, the Seals the day and year first above written. L) "if;4A1~ ~- ~~< 3~A_&~ C. L. .lAhUl ~ ~ Connie M. Dreg (SEAL) - 15 - ~ " ,- '.'-' EXHIBIT A 1. Antique curved-front china closet still located in the marital residence 2. Decorative wooden wheelbarrow and such other garden-related or exterior decorative items as remain at the marital residence. 3. One half of the uncut gem stones acquired during the marriage, so that both husband and wife receive stones of each variety. 4. The cut ruby gemstone acquired during the marriage. 5. The fireproof safe. 6. Photographs. - 16 - - -,. ~ COMMONWEALTH OF PENNSYLVANIA } ( } SS: COUNTY OF _D j} V P l.J /1/ On this, the 1st day of ~ 7 ' 2000, before me, a Notary Public, the undersigned officer, personally appeared Alfred G. Dreger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \d~~ ~~~ Notary P hc - . Notarial Seal ~rya. nn Messner, Notary Public yl<ens 801'0, Dauphin County My COmmission expires June 6, 2002 Memb~r, PennsylvaOla Association of Nolaries - 17 - . " , COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ h.t'n } ( } SS: day of ~ J me, a Notary Public, the undersigned officer, personally appeared Connie M. Dreger, On this, the '3 '(0- , 2000, before known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~~c.L Notary Public 24879.1 Notarial Seal Bernadette C. Kaioer, Notary Public Harrisburg, Dauphin County My Commission Expires Nov. 27, 2000 Member, Pennsylvania Association of Notaries - 18 - .. ~_,_ _ _ _ _ _"~ ~ ____"~-_h_ _" '_"_", CONNIE M. DREGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3425 Civil Term ALFRED G. DREGER, 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: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail. June 13, 2000 3. Date of execution of the affidavit of consent and waiver required by Section 3301 (c) of the Divorce Code: by plaintiff: by defendant: September 25, 2000 October 7, 2000 4. Related claims pending: None ~~ Attorney for Plaintiff Dated: / IJ -L;J... -D 0 33161.1 ,,- '''''=.''''' .,..,., _ c' ,~, ~-,""c"",.., ,y,' "", '<__, __-~._." ~- _ "~ ~ . --. CONNIE M. DREGER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CO - 3J..f~ CIU<'l <-r~ CIVIL ACTION - LAW IN DIVORCE ALFRED G. DREGER, Defendant NOTICE TO DEFEND AND CLAIM 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17103 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG & SWARTZ By: kALo(~~ - Sandra L. Mei ton Attorney 1.0. #32551 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: C ~1-tJD ATTORNEYS FOR PLAINTIFF '. CONNIE M. DREGER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01:1- .3'1.;25 Co;J ~ ALFRED G. DREGER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Connie M. Dreger, an adult individual who is sui juris and resides at 1101 Lindham Court, Apt. 408, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Alfred G. Dreger, an adult individual who is sui juris and resides at P.O. Box 123, Rt. 209, Lykens, Dauphin County, Pennsylvania. The present whereabouts of the Defendant, Alfred G. Dreger, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 18, 1983, in Elizabethville, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the 'parties to participate in counseling. 2 " 0' _"0 ',., - _<>>;, _,~~-+-. L, '-,.__",,',1'._"" .', d~ '. -. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; and b. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ ~~~~~?f~/~ ~ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 28577.1 3 ,"- -", '~ " ""c_ ~. ,,-. '. ,-, < - - "'-"n" ;-,' ~,,j::, _';',,-__~".....~ .'-',.'~-"'-H;- . .' " VERIFICATION I, Connie Dreger, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Cft\jcUllA,~ Connie Dreger DATED: t/)).Joo 'j',' " ., J" o ~"~" 'h; ~ CONNIE M. DREGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3425 Civil Term ALFRED G. DREGER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN AND NOW, this /~~ day of , 2000, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, legal assistant to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on June 12, 2000, she mailed a certified copy of a Complaint in Divorce, by certified mail no. Z 398 269 785, restricted delivery, return receipt requested, to Alfred Dreger, P.O. Box 123, Lykens, PA 17048-0123, and the same was received by him on June 13, 2000 as indicated by the return receipt card which is attached hereto. --.--- :J Un e ~J-'Jh,~ Gloria M. Rine Sworn to and sub~~b~ before~ this /~ day of ~ ,2000. (!~). ~ Notary Public (SEAL) '. Notarial Seal Cathleen A. Kohr, NotarY Public HarrisbUrg, DauphIn County My Commlselon Expires Feb. 7, 2004 M8III1lIr, Ftf1nIYIVBnls ASBOCtatlon of NofariSS , , ""''--'''~; ,,' "" c,~" . <.", . d .',,'.- J:.-~" ",-. --." - '"~ ~ + .,. i ",' ..,.1~or.1IIra_.eM.... "; .'COmp.__' ~ $, 4a; anl'-'. CD -Print ,Y~JiIrflame' and addriss'.GA-the reverse of this form so that we can return this !! card to you. ~ -:~ this fonn to the front of the mallpieoe, or on the back if space does not CD -WriIe"$tum Receipt Reqqested- on the mailpiece below the articla number. :S -The Return Receipt will sHow to whom the article was delivered and the date c delivered. o .., ~ 'E. e " " MR,.. ALFRED DREGER P .Q. BOX 123 L~, PA 17048-0123 '$.._lvell\\e folloWing services (for an extra fee): 1. 0 Addressee's AdlIil8se i 2. R Restricted DelivelV, ~ Consull postmaster for fee. ~ 48. Article'Number I " ~ t " " , "! . of 3. Arti~Je Addressed to: 4b. Service Type o Registered ~ Certified o Express Mail 0 Insured o Re\Um 1Ie!iei?l ~ Merch&l)dise 0 COD 7. Date tll'Delivery ~- {J~OO f .. t . ~ ... 18.;Addr~e's Address (Only if requested . and fee i/$ Paid) il<1'lIlHI'" 1/', ,. . it1!')"H1"'J--' 1 Iii T Z 396 269 765 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. :!l '" ~ Do not use for Intematioaal Mail/$ee revefSe) smorred Dreger Street & Number P.O. Box 123 Post ~ce. State, & ZIP C1 Ly ens, PA . 7048-0123 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered RetlJm R~~ Showing to Whom. - Dale, &. Addnssee's Address TOTAL Postage & Fees $ postmarl< or Date 6/12/00 . - ' --- ~'-,,--- -.-- ~ o o 00 t') E (i CJl "- "" '---_1" ~_.', 0 {i"_ ,,?l o c ;s: -00} mrn b;;:Q - '-)"r~<" "'.- ~ ", C --7 =z o o <- c: - - I '~I.J, .-l'.'/ ,-' j, ~~? E'~ ;::-::.:;rn ~ ?Q '< ~ ,~J" ,'.J~' -. - >lJii",'< CONNIE M. DREGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3425 Civil Term ALFRED G. DREGER, 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 June 5, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ofa final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 94904 relating to unsworn falsification to authorities. Date: 't /J-S/OO ~ Connie M. Dreg' .' Plaintiff S.S. No. I WO' ,:S:2, &';U".\ - CONNIE M. DREGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3425 Civil Term ALFRED G. DREGER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unSWOrn falsification to authorities. Date: 9 / ~oo ~~~;i, Plaintiff . -~ i.u, , CONNIE M. DREGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3425 Civil Term ALFRED G. DREGER, 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 June 5, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: to /7/00 er, Defendant -3:,;)-..y.J.j3/ ~ ,-',-~ o&lt; i . , CONNIE M. DREGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3425 Civil Term ALFRED G. DREGER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities Date: /fJ/7/6r:J 32282.1 ,',- ',....J. ""Ill r 1t~~Itl""""'" iiililliir'~~ ~~ ,~~< ~~--, .-~ ,,, '"'.II' .1IIiIiiIK-' p 0 0 C) c C; -T1 -'"" 0 -" 'C "D to, c') ',', 92 ~~;~: -l r :'J:'1 ~~~:-, '-"' .-':10 '-' " , -< -".. :.:;() ~C. -r~ ~~~ ~c:' ~~ r>? L, D ''''' jJ -< "-....1 -< 11 " ." -,--- -,' ,,~-~-, -- .-~~~. ,'" -- ,~. .,;;-.--. ,,~- -, '~""""''--"~ ". '" "."" ',. " ~~ -0 CONNIE M. DREGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3425 Civil Term ALFRED G. DREGER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ELECTION TO RESUME PRIOR NAME I, Connie M. Dreger, do hereby elect to resume my prior name, to wit: Connie M. Alvord. I have been divorced from my former husband by Decree in the Court of Common Pleas of Cumberland County, Pennsylvania, entered to the above number and term on October 18, 2000, and give this written notice avowing my intention in accordance with the provisions of 54 Pa.C.SA Section 704. .-e~~.~ Connie M. Dreg be known as ~ "k~Q Connie M. Alvord Sworn to and subscribed bef~is ~)t{, day of cfA , 2000. NotariaISeaI MlllyM.Z8Ianoe,~ My~I=July2,2OO1 Member, Pennsytvanla ASSOdalfon of NolatIes 32571.1 ,-" 'C" ~ w." - -,' ~-'" '" -. ~-;'.- ;',-" '~..;.;..;..~--, " ~c,' _~< -;- >/.;; "", ". '. ~-" ,- "~ -;-~-- ,~,< . I l;J ('.J ~ ~ ~ 0 0 0 It- ~ 0 -n C) (:::) ---t "'Om n ~c 0 mm ;::"n::!J ~ -l "(f...... Z:n w "om D zS2 :.00 "- 0> " 0 Q{~ CI ~ --c) -<z r::o -""1.,...; Lv ~ r ~() " :L-n ::J: 0- RJ ZO L )>8 ~ om - t ~ iN ~ ~ -< ~ .