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HomeMy WebLinkAbout07-0612CANDICE A. OVERMILLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 67-6 /a CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION -LAW IN DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. B Y: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Q *7- 6 I J- CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT Plaintiff Candice A. Overmiller, by her attorneys, Snelbaker & Brenneman, P. C., hereby submits this Divorce Complaint as follows: COUNT I - DIVORCE 1. Plaintiff Candice A. Overmiller is an adult individual residing at 1408 Bradley Drive, L312, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Stephen J. Overmiller is an adult individual residing at 1537 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on November 6, 1999 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 14, above. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Candice A. Overmiller requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from November 6, 1999. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Candice A. Overmiller requests this Court to order equitable distribution of marital property and debts. LAW OFFICES II SNELBAKER a BRENNEM, P.C. -2- WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER & BRENNEMAN, P. C. Bv: I /Mxk-? Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: January 31, 2007 Attorneys for Plaintiff Candice A. Overmiller LAW OFFICES -3- SNELBAKER EC BRENNEMAN,f.C. VERIFICATION I verify that the statements made in the foregoing Complaint 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. Candice A. Overmiller Date: January 31, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT CANDICE A. OVERMILLER, duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ?Uda'4. byVAi & 2 Candice A. Overmiller (Plaintiff) Date: January 31, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. l ?O W K. -T '°...3 d nj r -f, p rl7 CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-612 CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REISSUE COMPLAINT I TO THE PROTHONOTARY: Please reissue the Complaint in the above-captioned matter due to the inability to serve the Defendant with original process within thirty days after filing of the Complaint. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Candice A. Overmiller Date: March 5, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r? ? ? -n t.:_ ?.??. ? ' r ?.., ?=,, ci't ? : N SHERIFF'S RETURN - REGULAR CASE NO: 2007-00612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OVERMILLER CANDICE A VS OVERMILLER STEPHEN J MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE OVERMILLER STEPHEN J DEFENDANT was served upon the at 1435:00 HOURS, on the 9th day of March , 2007 at CUMBERLAND COUNTY 911 1101 CLAREMONT ROAD CARLISLE, PA 17013 STEVEN OVERMILLER by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .39 Surcharge 10.00 .00 ? 33.19 3?6 7 -j Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/12/2007 SNELBAKER & BRENN / By Deputy Sheriff of A. D. CANDICE A. OVERMILLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Candice A. Overmiller, Plaintiff moves this Court to appoint a master with respect to the following claims: (x) Divorce () Annulment () Alimony () Alimony Pendente Lite and in support of the motion states: (x) Distribution of Property () Support O Counsel Fees O Costs and Expenses (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Linda Clotfelter, Esquire. (3) The statutory grounds for divorce are Section 3301(c) and Section 3301(d). (4) The action is contested with respect to the following claims: divorce and distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take five hours. Date: j2i,r{'Jly,,7 ;ZW Keith O. Brenneman, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of , 2009, E. Robert Elicker, 11, Esquire is appointed Master with respect to the claims of divorce and equitable distribution of marital property. BY THE COURT: J. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Motion for Appointment of Master to be served the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 By: February 6, 2009 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Candice A. Overmiller LAW OFFICES SNELBAKER & BRENNEMAN. P.C. " sTt r? GC3 = :rt 1 . t ?• 4 C: C O FM 09 2 CANDICE A. OVERMILLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION --LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Candice A. Overmiller, Plaintiff moves this Court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property O Annulment O Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Linda Clotfelter, Esquire. (3) The statutory grounds for divorce are Section 3301(c) and Section 3301(d). (4) The action is contested with respect to the following claims: divorce and distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take five hours. Date: Keith O. Brenneman, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER 0 - &-r'.. ?? 9-11 AND NOW, this l u day of 009, E. Robert Elicker, II, Esquire is appointed Master with respect to the claims of divorce and equitable tribution of marital property. BY TH OURT: 1?'W1 J. 00 ate Lij :7 ?- e T Ci- LA- G ° U N r" . ANDICE A. OVERMILLER, IN "THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-612 CIVIL TERM TEPHEN J. OVERMILLER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE IF YOU WISH TO DENY ANY STATEMENTS SET FORTH IN THIS AFFIDAVIT, OU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS FFIDAVIT HAS BEEN SERVED UPON YOU OR THE STATEMENTS WILL BE DMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on December 28, 2006 and have continued to live and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony. division of property, lawyer's s or expenses if I do not claim them before a divorce is granted I verify that the statements made in this affidavit are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn fication to authorities. _q_a9 Candice A. Overmiller. Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. * 1. . vs. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Affidavit Under Section 3301(d) of the Divorce to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 By: Date: February 11, 2009 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Candice A. Overmiller LAW CFMCES SNELBAKER & BRENNEMAN. P.C. 7 ? ? -ri t ? °..ca r ? ?? ?? - ? ^:? ?? . _ ?, ?.. - CANDICE A. OVERMILLER, Plaintiff VS. STEPHEN J. OVERMILLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 612 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this t9 day of 6'wj? 2009, the economic claims raised in the proceedi s having been resolved in accordance with a post-nuptial agreement dated August 24, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, y 1 a Edgar B. Bayley, P.J. cc: Keith 0. Brenneman Attorney for Plaintiff Linda A. Clotfelter Attorney for Defendant OF 7? TARY 2009 A2 7 Pt° 2: v ri POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this day ofU?U, 2009 by and between: CANDICE A. OVERMILLER, of 1408 Bradley Drive, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter "Wife" AND STEPHEN J. OVERMILLER, of 1537 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on November 6, 1999 in Cumberland County, Pennsylvania; and WHEREAS, the parties last resided with each other at 1537 Sheepford Road, Mechanicsburg, Pennsylvania and were separated December 28, 2006; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have two children of their marriage; namely Sydney A. Overmiller, born April 30, 2001 and Chloe J. Overmiller, born May 25, 2004; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof, with Wife being represented by Keith O. Brenneman, Esquire and Husband by Linda A. Clotfelter, Esquire; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property which they acquired either before or during their marriage, except as noted below, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. 2 Husband shall have and possess, free of any claim or interest of Wife, all items of personal property, furnishings and furniture located in the residence at 1537 Sheepford Road, excepting the following items that the parties acknowledge are and shall be Wife's: turkey cooker, all Longaberger baskets, all Boyd's bears, four-drawer filing cabinet, all house decorations (stored in tubs) small desk and bookshelf in Sydney's room and copies of all pictures in computer files. Wife shall have and possess, free of any claim or interest of Husband, the foregoing personal property and all other items of personal property in Wife's possession located off of the premises of 1537 Sheepford Road. Wife agrees that she shall, within thirty (30) days of the date of this Agreement, remove her items of personal property from the residence at 1537 Sheepford Road. A minimum of one (1) week's notice of the transfer of the personal property shall be required and it shall be scheduled for a time mutually agreed upon by the parties. The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, furniture and furnishings (collectively the "property") whether or not acquired during their marriage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that 3 the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. MARITAL RESIDENCE AT 1537 SHEEPFORD ROAD MECHANICSBURG PENNSYLVANIA. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 1537 Sheepford Road, Mechanicsburg, Pennsylvania (the "marital residence"). The parties further acknowledge that the marital residence is subject to a mortgage given to the parties by CitiMortgage and a second mortgage in the form of a home equity line of credit through Susquehanna Bank (hereinafter collectively referred to as the "mortgages") The parties acknowledge that Wife moved from the marital residence more than two (2) years ago and Husband moved from the marital residence on August 15, 2009. During the period of time that Husband had exclusive possession and use of the marital residence he paid the CitiMortgage mortgage payment, utilities, taxes, insurance and all other expenses associated with the use of the marital property and he held Wife harmless from same. Upon Husband's relinquishment of his possession of the marital residence it is expressly agreed that the parties shall share equally the utilities, taxes, insurance and all other expenses associated with the marital residence until the marital residence is sold with the exception of the first mortgage payments which shall be shared equally by the parties effective September 1, 2009. The parties agree to cooperate fully in facilitating the timely payments of the expenses related to the marital residence such that there are no late fees or other penalties incurred. 4 The parties also agree that they shall immediately list the marital residence for sale through Inez Gall, a licensed real estate agent with Keller Williams. It is also expressly agreed that the net proceeds of the sale, after the deduction of normal seller's costs, shall be divided equally between the parties at settlement in the form of two (2) checks, one to each party. Both parties agree to cooperate fully and participate in the preparation; marketing; and sale of the marital residence as necessary and neither party shall be unreasonable in the process nor shall he or she in any way prevent or delay the sale of the marital residence. It is specifically agreed that Wife shall take the lead in communicating with the professionals involved in the sale of the marital residence and Wife's decisions shall control on any disputed issues that arise throughout the process. If at any time either party should fail to contribute his or her respective portion of the expenses required for the marital residence pending its sale, five (5) days' notice of the deficiency shall be given to the breaching party. If the breaching party fails to cure the default within five (5) days of the date the notice postmarked, then the other party shall have the right at his or her election to make the payment for the mortgage or other expense. If either party must make any payments for the mortgage or other expenses related to the marital residence that are the obligation of the other party this Agreement, then the paying party shall be entitled to reimbursement of those sums paid by on behalf of the other party upon request for same and no later than the time of the real estate settlement on that sale of the property. If there are insufficient proceeds from the sale of the marital residence to reimburse the aggrieved party from the other party's share of the proceeds of the sale, then the remaining reimbursement sums due shall be made by direct payment at a rate of $500.00 per month plus six percent (6%) per annum interest until the obligation is paid. 5 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been or will be divided by mutual agreement to their satisfaction. 6. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge and agree that other than the mortgage identified in Paragraph 4, above, and certain debt associated with the vehicles referenced in Paragraph 7, below, the parties have or have incurred the following additional and outstanding debts during their marriage and prior to their separation: a. CitiMortpage - Joint mortgage loan secured by marital residence. Effective September 1, 2009, the monthly payments shall be shared equally by the parties until the marital residence is sold. The balance due on the loan shall be paid in full from the proceeds of the sale. b. Susquehanna Bank - (Formerly Community Banks) Home equity loan use for marital expenses and to pay the joint Members 1St VISA balance. The approximate total principal balance due is $11,000.00. It is specifically agreed that Wife shall pay $90.00 per month and Husband shall pay the remaining balance due on the monthly payment until the marital residence is sold at which time the balance due on the loan shall be paid in full from the proceeds of the sale. C. AES - Wife's school loans with approximate balance due of $5,000.00 shall be paid by Wife. The parties acknowledge and represent that they are aware of no other debt for which each party is liable or responsible, alone or jointly, existing prior to their separation other than those debts identified in this Agreement. 6 The parties agree that they shall not incur any further debt on any of the loans or accounts identified above and that to the extent any of the debts or loans identified above are either joint debts for which both parties are responsible to the creditor or debts in the name of one party being paid by the other party herein, that all such accounts and loans will be terminated and closed upon the balance of the debt being paid in full. The parties acknowledge and agree that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligations and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7. AUTOMOBILES AND BOAT. The parties acknowledge that they were the lessees of a Chevrolet Equinox used solely by Wife. The parties acknowledge that after their separation, that vehicle has been returned and the lease terminated. Wife shall retain sole and exclusive ownership, possession and use of the vehicle she has obtained after the parties' separation, and shall pay and be solely responsible for pay all amounts due with respect to that vehicle. The parties acknowledge that Husband is the sole owner of the 2007 Chevrolet Trailblazer which he acquired after the parties separation and which is financed in his own name. Husband shall retain sole and exclusive ownership, possession and use of the Trailblazer and remain solely responsible for all loan amounts due. The parties acknowledge that Wife has a fractional ownership interest in a motor boat with Wife's sister and brother. Husband hereby waives, relinquishes and conveys unto Wife any interest he has or may have in and to the motor boat. 7 8. COUNSEL FEES. Each party agree to pay and be responsible for his or her own for legal fees and costs incurred by him or her associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9. PENSION, 401K,.RETIREMENT PLANS, BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Husband is vested in a retirement account through his employer, Cumberland County. The parties further acknowledge that Wife is vested in a PSERS retirement account provided by her employer, the Carlisle School District. Regardless of the amount or value of each party's plan or retirement benefit, each party waives, relinquishes and forever releases the other of and from any and all claims which either may have against the other's pension, retirement plan, any associated thrift or investment savings plans or any other retirement plan, benefit or employee benefit or benefits. The parties agree that each has no obligation to provide, now or at any time in the future, medical, dental, eye or health insurance coverage for the benefit of the other. 10. INVESTMENT ACCOUNTS. The parties acknowledge that Wife maintains a Roth IRA and a Nationwide 457 account in her name and that Husband owns in his name the following accounts: Etrade stock account, Roth IRA and a Nationwide 457 account. Regardless of the amount or value of each party's accounts noted above (which amounts and values have been confirmed by each party prior to execution of this Agreement), each party waives, relinquishes and forever releases the other of and from any claim which either may have against the account or accounts of the other. 8 11. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 12. DIVORCE. On January 31, 2007, Wife initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No. 2007-612 (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver promptly concurrently with the execution of this Agreement, the necessary affidavits, waivers and consents in the Divorce Action. 13. TAX IMPLICATIONS AND MATTERS. The parties agree that they shall hereinafter file separate income tax returns. Because Husband had exclusive possession of the marital residence for more than two years prior to it being listed for sale, it is specifically agreed that Husband shall be entitled to utilize the mortgage interest, real estate taxes, and any other expenses related to the marital residence as deductions on his income tax returns. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. It is also agreed that all tax returns pertaining to the years of the parties' marriage shall be retained by the parties for a period of five (5) years after the date of this Agreement. 9 The parties agree that Husband shall be entitled to utilize the tax dependency exemptions for Chloe J. Overmiller, born May 25, 2004 (age 5 years); and Wife shall be entitled to utilize the tax dependency exemption for Sydney A. Overmiller, born April 30, 2001 (age 8 years), regardless of the custodial arrangement between the parties. Each party agrees to execute the proper IRS form required for the other's tax returns as needed within seven (7) days of his or her request for same. 14. CUSTODY AND CHILD SUPPORT. The parties agree that matters of child support and custody of their two daughters will be or have been resolved outside of the terms of this Post-Nuptial Agreement. 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the 10 Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue 11 influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties 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 the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes 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. 21. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement 12 have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 24. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: M-4AL) Candice A. Overmiller 0, (SEAL) Stephe J.O iller 13 } -' - 1 y r ? _ 1, rU THEE CANDICE A. OVERMILLER, Plaintiff V. STEPHEN J. OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 31, 2007. 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to uest entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. August 24, 2009 Candice A. Overmiller LAW OFFICES SNELBAKER & BRENNEMAN, P.C. THE 2009 AUG 31 ? fk, ICl. 09 *d? 1 CANDICE A. OVERMILLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S 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 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 that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. August 24, 2009 (??, 4 6 A Candice A. Overmiller LAW OFFICES SNELBAKER & BRENNEMAN, P.C. I IL t CANDICE A. OVERMILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-612 CIVIL STEPHEN J. OVERMILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed January 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: S ` )0 - O 4 J AA., I STEM EN J. OVERMILLER, Defendant F' rry OF TH" 1 U "09 AU' 3 1 dal` I G: .:,'_A CANDICE A. OVERMILLER, Plaintiff, VS. STEPHEN J. OVERMILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301 (C) OF THE DIVORCE CODE 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. § 4904 relating to unsworn falsification to authorities. Date: $~ao- o STEP EN J. VERMILLER, Defendant OF THE_' 2 9 9 9 AU G 31 Ah 10: n9 O CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-612 CIVIL TERM STEPHEN J. OVERMILLER, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry I of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce I Code. 2. Date and manner of service of Complaint: personal service by Sheriff on March 7, 12009 (see Sheriffs Return filed of record). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the (Divorce Code: by the Plaintiff: August 24, 2009; by the Defendant: August 20, 2009. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: 24, 2009; by the Defendant: August 20, 2009 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. 200 CU du 31, ? By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. "F T'r'"" 2uO;9 A 13 a ! A , iC 10 ? JCC"•,?... ..'?..L)?1{! it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CANDICE A. OVERMILLER V. STEPHEN J. OVERMILLER : NO. 07-612 CIVIL DIVORCE DECREE AND NOW, it is ordered and decreed that CANDICE A. OVERMILLER plaintiff, and STEPHEN J. OVERMILLER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties' Post-Nuptial Agreement dated August 24, 2009 is incorporated but not merged into this Decree. oq CANDICE A. OVERMILLER, Plaintiff V. STEPHEN J. OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-612 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION TO ENFORCE POST-NUPTIAL AGREEMENT Petitioner Candice A. Overmiller, by her attorneys, Snelbaker & Brenneman, P. C., I submits this Petition to enforce Post-Nuptial Agreement and in support thereof states the following: 1. Petitioner Candice A. Overmiller and Respondent Stephen J. Overmiller were formerly wife and husband, having been divorced by Divorce Decree dated September 1, 2009 I entered in the above-captioned action. 2. On August 24, 2009 the parties entered into a Post-Nuptial Agreement setting forth, inter alia, their agreement with respect to their division of personal property and other marital property. A true and correct copy of the parties' Post-Nuptial Agreement dated August 24, 2009 (the "Agreement") is attached hereto and incorporated by reference herein as "Exhibit A". 3. Pursuant to Paragraph 3 of the Agreement, Petitioner was to receive all home decorations and all pictures on computer files. 4. Respondent has failed to provide to Petitioner all home decorations. 5. Respondent has failed to provide Petition copies of all pictures in computer files, although Petitioner has the computer in his possession. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6. On September 25, 2009 demand was made of Respondent, through Respondent's attorney, to provide photographs as required by the Agreement. Respondent has failed or refused to provide all of the photographs to Petitioner. 7. Pursuant to Paragraph 18 of the Agreement, a defaulting party under the Agreement is responsible for the payment of reasonable legal fees and costs incurred by the nonbreaching party in enforcing her rights under this Agreement. 8. Concurrence of Respondent's counsel was sought in this Petition and counsel does not consent to this Motion. 9. The Honorable Edgar B. Bayley has previously ruled in this case by issuing the Divorce Decree. WHEREFORE, Petition requests this Court to issue an Order: A. Directing Respondent to provide copies of all computer file pictures to Petitioner; B. Directing Respondent to provide all home decorations to Petitioner; C. Awarding Petitioner reasonable attorney's fees and costs; and D. Granting Petitioner such other or additional relief that this Court deems just and appropriate. SNELBAKER & BRENNEMAN, P. C. By: LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 ate: November 16, 2009 Attorneys for Petitioner Candice A. Overmiller -2- POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this day of A(J?U ? , 2009 by and between: CANDICE A. OVERMILLER, of 1408 Bradley Drive, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter "Wife" AND STEPHEN J. OVERMILLER, of 1537 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on November 6, 1999 in Cumberland County, Pennsylvania; and WHEREAS, the parties last resided with each other at 1537 Sheepford Road, Mechanicsburg, Pennsylvania and were separated December 28, 2006; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have two children of their marriage; namely Sydney A. Overmiller, born April 30, 2001 and Chloe J. Overmiller, born May 25, 2004; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this EXHIBIT A Post-Nuptial Agreement and the meaning and legal effect thereof, with Wife being represented by Keith O. Brenneman, Esquire and Husband by Linda A. Clotfelter, Esquire; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property which they acquired either before or during their marriage, except as noted below, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. 2 Husband shall have and possess, free of any claim or interest of Wife, all items of personal property, furnishings and furniture located in the residence at 1537 Sheepford Road, excepting the following items that the parties acknowledge are and shall be Wife's: turkey cooker, all Longaberger baskets, all Boyd's bears, four-drawer filing cabinet, all house decorations (stored in tubs) small desk and bookshelf in Sydney's room and copies of all pictures in computer files. Wife shall have and possess, free of any claim or interest of Husband, the foregoing personal property and all other items of personal property in Wife's possession located off of the premises of 1537 Sheepford Road. Wife agrees that she shall, within thirty (30) days of the date of this Agreement, remove her items of personal property from the residence at 1537 Sheepford Road. A minimum of one (1) week's notice of the transfer of the personal property shall be required and it shall be scheduled for a time mutually agreed upon by the parties. The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, furniture and furnishings (collectively the "property") whether or not acquired during their marriage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that 3 the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. MARITAL RESIDENCE AT 1537 SHEEPFORD ROAD MECHANICSBURG PENNSYLVANIA. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 1537 Sheepford Road, Mechanicsburg, Pennsylvania (the "marital residence"). The parties further acknowledge that the marital residence is subject to a mortgage given to the parties by CitiMortgage and a second mortgage in the form of a home equity line of credit through Susquehanna Bank (hereinafter collectively referred to as the "mortgages"). The parties acknowledge that Wife moved from the marital residence more than two (2) years ago and Husband moved from the marital residence on August 15, 2009. During the period of time that Husband had exclusive possession and use of the marital residence he paid the CitiMortgage mortgage payment, utilities, taxes, insurance and all other expenses associated with the use of the marital property and he held Wife harmless from same. Upon Husband's relinquishment of his possession of the marital residence it is expressly agreed that the parties shall share equally the utilities, taxes, insurance and all other expenses associated with the marital residence until the marital residence is sold with the exception of the first mortgage payments which shall be shared equally by the parties effective September 1, 2009. The parties agree to cooperate fully in facilitating the timely payments of the expenses related to the marital residence such that there are no late fees or other penalties incurred. 4 The parties also agree that they shall immediately list the marital residence for sale through Inez Gall, a licensed real estate agent with Keller Williams. It is also expressly agreed that the net proceeds of the sale, after the deduction of normal seller's costs, shall be divided equally between the parties at settlement in the form of two (2) checks, one to each party. Both parties agree to cooperate fully and participate in the preparation; marketing; and sale of the marital residence as necessary and neither party shall be unreasonable in the process nor shall he or she in any way prevent or delay the sale of the marital residence. It is specifically agreed that Wife shall take the lead in communicating with the professionals involved in the sale of the marital residence and Wife's decisions shall control on any disputed issues that arise throughout the process. If at any time either party should fail to contribute his or her respective portion of the expenses required for the marital residence pending its sale, five (5) days' notice of the deficiency shall be given to the breaching party. If the breaching party fails to cure the default within five (5) days of the date the notice postmarked, then the other party shall have the right at his or her election to make the payment for the mortgage or other expense. If either party must make any payments for the mortgage or other expenses related to the marital residence that are the obligation of the other party this Agreement, then the paying party shall be entitled to reimbursement of those sums paid by on behalf of the other party upon request for same and no later than the time of the real estate settlement on that sale of the property. If there are insufficient proceeds from the sale of the marital residence to reimburse the aggrieved party from the other party's share of the proceeds of the sale, then the remaining reimbursement sums due shall be made by direct payment at a rate of $500.00 per month plus six percent (6%) per annum interest until the obligation is paid. 5 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been or will be divided by mutual agreement to their satisfaction. 6. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge and agree that other than the mortgage identified in Paragraph 4, above, and certain debt associated with the vehicles referenced in Paragraph 7, below, the parties have or have incurred the following additional and outstanding debts during their marriage and prior to their separation: a. CitiMortaage - Joint mortgage loan secured by marital residence. Effective September 1, 2009, the monthly payments shall be shared equally by the parties until the marital residence is sold. The balance due on the loan shall be paid in full from the proceeds of the sale: b. Susquehanna Bank - (Formerly Community Banks) Home equity loan use for marital expenses and to pay the joint Members 1st VISA balance. The approximate total principal balance due is $11,000.00. It is specifically agreed that Wife shall pay $90.00 per month and Husband shall pay the remaining balance due on the monthly payment until the marital residence is sold at which time the balance due on the loan shall be paid in full from the proceeds of the sale. C. AES - Wife's school loans with approximate balance due of $5,000.00 shall be paid by Wife. The parties acknowledge and represent that they are aware of no other debt for which each party is liable or responsible, alone or jointly, existing prior to their separation other than those debts identified in this Agreement. 6 The parties agree that they shall not incur any further debt on any of the loans or accounts identified above and that to the extent any of the debts or loans identified above are either joint debts for which both parties are responsible to the creditor or debts in the name of one party being paid by the other party herein, that all such accounts and loans will be terminated and closed upon the balance of the debt being paid in full. The parties acknowledge and agree that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligations and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7. AUTOMOBILES AND BOAT. The parties acknowledge that they were the lessees of a Chevrolet Equinox used solely by Wife. The parties acknowledge that after their separation, that vehicle has been returned and the lease terminated. Wife shall retain sole and exclusive ownership, possession and use of the vehicle she has obtained after the parties' separation, and shall pay and be solely responsible for pay all amounts due with respect to that vehicle. The parties acknowledge that Husband is the sole owner of the 2007 Chevrolet Trailblazer which he acquired after the parties separation and which is financed in his own name. Husband shall retain sole and exclusive ownership, possession and use of the Trailblazer and remain solely responsible for all loan amounts due. The parties acknowledge that Wife has a fractional ownership interest in a motor boat with Wife's sister and brother. Husband hereby waives, relinquishes and conveys unto Wife any interest he has or may have in and to the motor boat. 7 8. COUNSEL FEES. Each party agree to pay and be responsible for his or her own for legal fees and costs incurred by him or her associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9. PENSION, 401K, RETIREMENT PLANS BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Husband is vested in a retirement account through his employer, Cumberland County. The parties further acknowledge that Wife is vested in a PSERS retirement account provided by her employer, the Carlisle School District. Regardless of the amount or value of each party's plan or retirement benefit, each party waives, relinquishes and forever releases the other of and from any and all claims which either may have against the other's pension, retirement plan, any associated thrift or investment savings plans or any other retirement plan, benefit or employee benefit or benefits. The parties agree that each has no obligation to provide, now or at any time in the future, medical, dental, eye or health insurance coverage for the benefit of the other. 10. INVESTMENT ACCOUNTS. The parties acknowledge that Wife maintains a Roth IRA and a Nationwide 457 account in her name and that Husband owns in his name the following accounts: Etrade stock account, Roth IRA and a Nationwide 457 account. Regardless of the amount or value of each party's accounts noted above (which amounts and values have been confirmed by each party prior to execution of this Agreement), each party waives, relinquishes and forever releases the other of and from any claim which either may have against the account or accounts of the other. 8 11. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 12. DIVORCE. On January 31, 2007, Wife initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No. 2007-612 (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver promptly concurrently with the execution of this Agreement, the necessary affidavits, waivers and consents in the Divorce Action. 13. TAX IMPLICATIONS AND MATTERS. The parties agree that they shall hereinafter file separate income tax returns. Because Husband had exclusive possession of the marital residence for more than two years prior to it being listed for sale, it is specifically agreed that Husband shall be entitled to utilize the mortgage interest, real estate taxes, and any other expenses related to the marital residence as deductions on his income tax returns. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. It is also agreed that all tax returns pertaining to the years of the parties' marriage shall be retained by the parties for a period of five (5) years after the date of this Agreement. 9 The parties agree that Husband shall be entitled to utilize the tax dependency exemptions for Chloe J. Overmiller, born May 25; 2004 (age 5 years); and Wife shall be entitled to utilize the tax dependency exemption for Sydney A. Overmiller, born April 30, 2001 (age 8 years), regardless of the custodial arrangement between the parties. Each party agrees to execute the proper IRS form required for the other's tax returns as needed within seven (7) days of his or her request for same. 14. CUSTODY AND CHILD SUPPORT. The parties agree that matters of child support and custody of their two daughters will be or have been resolved outside of the terms of this Post-Nuptial Agreement. 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the 10 Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement-shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue 11 influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties 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 the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes 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. 21. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement 12 have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 24. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: (SEAL) ° Candice A. Overmiller ? t? kw4 (SEAL) Stephe J.Ove idler 13 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Petitioner Candice A. Overmiller Date: November 16, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. TI+;_ r" U r l : NOV -17 2009 4 CANDICE A. OVERMILLER, Plaintiff V. STEPHEN J. OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ` O day of G?009, upon consideration of the Petition Enforce Post-Nuptial Agreement, a RULE is hereby issued upon Respondent Stephen J. to show cause, if any he should have, why the relief requested in the foregoing i should not be granted. RULE RETURNABLE within 12<days of service of this Ord on Respondent's J. LAW OFFICES SNELBAKER & BRENNEMAN, P.G. cx4vam 209 NOV 18 AM 11: 14 E UNI i? diu COUNTY PENNSYLVANIA ?? IQ? rlr - Copy /natLc 1 f y'r. -) CANDICE A. OVERMILLER, PlaintifVPetitioner, VS. STEPHEN J. OVERMILLER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION TO ENFORCE POST-NUPTIAL AGREEMENT AND NOW, comes Defendant, Stephen J. Overmiller, by and through his counsel, Linda A. Clotfelter, Esquire, who responds to Petitioner's Petition to Enforce Post-Nuptial Agreement as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Petitioner was to receive certain items but it is denied that Respondent was deficient in any way in meeting his obligations per the parties' Marital Settlement Agreement ("MSA" ). It is specifically denied that Respondent did not give Petitioner all of the photos on computer files. Petitioner acknowledged in correspondence that she has the photos since 2004 which was the year the parties first obtained a digital camera. She sought the computer files of photos of years prior to 2004 but all that exists from that time are some video stills that were delivered to her with the 2004 to present photos. There are no other data files of photos to be delivered to Petitioner. Her request is impossible to meet and must be denied with attorney's fees granted to Respondent due to the frivolousness of her request. It is also denied that the personal property items designated to Petitioner in the MSA were to include each and every item of decor that the parties owned individually or jointly. In further answer hereof, Petitioner received all the decorations she requested including the Longaberger Baskets and Boyd's Bear Collection as well as those she removed from the residence when she moved three (3) years ago. Additional items were also given to Petitioner voluntarily by Respondent subsequent to her move and prior to the execution of the MSA and most recently she was given the remaining decorations subsequent to the execution of the MSA. It must be noted that Respondent's non-marital property gifted to him or obtained by him subsequent to the date of separation of the parties would not be included in any items to be delivered to Petitioner. Respondent has previously requested that Petitioner give notice of the items she feels she is missing, and to date, she has not done that. Again - Petitioner's request is frivolous and it must be denied with attorney's fees awarded to Respondent. 4. Denied. It is specifically denied that Respondent has failed in any way to provide the requisite home decorations to Petitioner. See Response to paragraph three, above. Strict proof of the allegations of this paragraph is demanded at trial. 5. Denied. It is denied that Respondent has failed in any way to provide copies of the requisite photos in the form of computer files. In further answer hereof, Respondent has provided to Petitioner copies of ALL the pertinent computer files including video stills. The photo files she seeks predating 2004 do not exist. There are no other data files of photos to be delivered to Petitioner. Her request is impossible to meet and must be denied with attorney's fees granted to Respondent due to the frivolousness of her request. 6. Admitted in part and denied in part. It is admitted that Petitioner requested that the photographs be produced but it is denied that the production of those photographs did not take place. In further answer hereof, Respondent delivered ALL of the photographs stored on computer files to Petitioner. Petitioner's request is ludicrous as she seeks photo files that do not exist. Thus, strict proof of the allegations of this paragraph is demanded at trial. 7. Admitted in part and denied in part. It is admitted only that the terms of the Agreement speak for themselves. Any implication therein that Respondent should in any way be required to pay attorneys fees and costs for the filing of Petitioner's frivolous Petition are specifically denied and strict proof of the allegations of this paragraph are demanded at trial. In fact, Respondent should be entitled to reasonable attorney's fees for having to respond and defend this frivolous Petition. 8. Admitted in part and denied in part. It is admitted that concurrence was sought but it is denied that concurrence was necessary as Respondent previously met the requests and as such, Petitioner's Petition to Enforce MSA was not necessary. 9. Admitted in part and denied in part. It is admitted that Judge Bayley executed the Divorce Decree but it is denied that he is the only Judge that has dealt with this family and their issues. In further answer hereof, Judge Ebert has heard this families issues regarding child custody. WHEREFORE, Respondent, Stephen J. Overmiller, respectfully requests that this court enter an Order as follows: a. Dismissing Petitioner's Petition to enforce MSA; b. Denying Petitioner's request for attorney's fees, costs and expenses; C. Awarding Respondent reasonable attorney's fees and costs in the sum of $500.00 for having to prepare this response and appear before the court on Petitioner's frivolous Petition; and d. Granting such other relief as this Court deems just and proper. Date: /A/) v Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant CANDICE A. OVERMILLER, Plaintiff/Petitioner, VS. STEPHEN J. OVERMILLER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, STEPHEN J. OVERMILLER, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. 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: I d- l-oq STEP EN OVERMILLER CANDICE A. OVERMILLER, Plaintiff/Petitioner, Vs. STEPHEN J. OVERMILLER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-612 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this Est day of 009, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO PLAINTIFF'S PETITION TO ENFORCE POST-NUPTIAL AGREEMENT, was served upon the opposing counsel by United States First Class Mail, postage prepaid, addressed as follows: Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 By: Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER mda A. Clotfelter, Esquire ,Attorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant -,r .t Y 2: c- t ViA f 1. Get ??