HomeMy WebLinkAbout02-6098JACK E. WAGONER,
Plaintiff
LORRAINE J. WAGONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
.
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
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse,
Front and Market Streets, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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_~S_ET
CAN GET LEGAL HEL/P~ x FORTH BELOW TO FIND OUT WHERE YOU
CUM/BERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
JACK E. WAGONER,
Plaintiff
LORRAINE J. WAGONER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO.
:
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Jack E. Wagoner, an adult individual currently residing
at 1917 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. The Defendant is Lorraine J. Wagoner, an adult individual residing at
25 North 17th Street, Camp Hill, Cumberland County, Pennsylvania. 17011.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on August 12, 1967, in Palmyra,
Lebanon County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about June 11, 2002.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about June 11, 2002.
9. Plaintiff and Defendant have no children under the age of eighteen.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that he may request that his spouse and he participate in counseling.
11. Plaintiff does not request that the Court require that his spouse and he
participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
Date: /~. / 59 'h/, 7..- Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REINHOLD
Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Plaintiff
AFFIDAVIT
I, .j~ . r' , hereby certiO that t.~e at'oregoing is true
and correct to the best of my kaowledge, info~z~atior~ sad belief. I saderstsad that false
smteme=ts herein are made s=bject to ~e penalties of 18 Pa. C. S. 4.909 relating to
un~wom falsifications to au~orides.
JACK E. WAGONER,
Plaintiff
LORRAINE J. WAGONER,
Defendant
· IN THE COURT OF COMMONi PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-6098 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on December 23, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after ~ervice of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
orraine J. Wagon~
JACK E. WAGONER,
Plaintiff
LORRAINE J. WAGONER,
Defendant
· IN THE COURT OF COMMONiPLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· No. 02-6098 CIVIL TERM
· 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 in Divorce with°ut notice·
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce
entered by the Court and that a copy of the Decree will be sent to me imm~
is filed with the Prothonotary.
lecree is
',diately after it
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.
Lorraine J. Wa~0n~' -
JACK E. WAGONER,
Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
v. · No. 02-6098 CIVIL TERM
LORRAINE J. WAGONER, · CIVIL ACTION - LAW
Defendant ' IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on December 23, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after Service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of` 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Jad(E. Wagoner
JACK E. WAGONER,
Plaintiff
LORRAINE J. WAGONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-6098 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3~01 (c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce with~
2. I understand that I may lose rights concerning alimony,
ut notice.
division of
property, lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce
entered by the Court and that a copy of the Decree will be sent to me imn
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:
)ecree is
.~diately after it
MARRIAGE SETTLEMENT AGREEMENT
By and between
JACK E. WAGONER
- AND -
LORRAINE J. WAGONER
INDEX
PAGE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Divorce and Separation ................................................................ 4
Division of Property ..................................................................... 4
Marital Residence ........................................................................ 6
Income Tax Prior Returns ............................................................ 6
Execution of Additional Documents ........................................... 7
Transfers Subject to Liens ........................................................... 7
Complete Listing of Property ...................................................... 7
Equitable Distribution of Property .............................................. 8
Relinquishment of Ownership ..................................................... 8
After-Acquired Property .............................................................. 8
Debts ............................................................................................. 8
Bankruptcy ................................................................................... 9
Health Insurance ........................................................................... 9
Alimony ........................................................................................ i0
Full Disclosure ............................................................................. 10
Releases ........................................................................................ 10
Indemnification ............................................................................ 10
General Provisions ....................................................................... 11
Fair and Equitable Contents ......................................................... 11
Breach ........................................................................................... 12
Independent Separate Covenants ................................................. 12
Void Clauses ......................
Execution of Documents .............................................................. 13
Applicable Law ............................................................................ 13
Non-Merger .................................................................................. 13
Disclosure and Waiver of Procedural Rights .............................. 13
Tax Advice ................................................................................... 15
Representation of Parties ............................................................. 15
Signature Page .............................................................................. 16
Acknowledgement Page ............................................................... 17
MARRIAGE SETTLEMENT AGREEMENT
E. Wagoner-AND-Lorrain~t H.~agoner, a~/Harrisbu~,
and
between
Jack
Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on August 12, 1967, at Lebanon County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or 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. The parties separated on June 11, 2002.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 401K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
It is specifically acknowledged that this shall include Husband's
Lump Sum Retirement of $56,671.00.
2. Husband shall retain his Roth IRA account valued at
approximately $3,800.00.
4
Bo
3. Husband shall retain the Metropolitan Life TSA Annuity
valued at approximately 14,200.00.
4. Husband shall retain the PNC AIM Mutual Fund valued at
approximately $16,300.00.
5. Husband shall retain the Medical Escrow Account valued at
approximately $11,000.00. ],2900 ~'10/'/tt~'~15'O/Syt?
6. The Allfirst Account valued at approximately $10,000.00
shall be divided with Wife receiving the first $5,000.00 and
Husband receiving the remainder of said account.
The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
'and/or employee stocks or savings plans, and/or 401K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
2. Wife shall retain the 1998 Subaru Outback.
3. Wife shall retain the Morgan Stanley account valued at
approximately $20,000.00.
4. Wife shall retain her Roth IRA account valued at
approximately $3,800.00.
5. Wife shall retain the Waypoint Savings account valued at
approximately $1,000.00.
6. Wife shall retain the sum of $5,000.00 from the Allfirst
account valued at approximately $10,000.00.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Marital Residence. The parties hereby acknowledge that they are
the owners of a home located at 1917 Columbia Avenue, Camp Hill, Cumberland
County, Pennsylvania, which is deeded in both parties' names. It is hereby agreed
between the parties that Husband shall remain in the marital home. At the end of two
years, Husband shall have the option of selling the marital home and the parties dividing
the proceeds of said sale equally, or he may elect to remain in the home and pay to Wife a
sum of money equal to ½ of the equity in the home at that time, minus any moneys he has
advanced to the maintenance of said home. Husband further agrees that at the time of
either the sale of the home or his election to remain in the home, he shall pay to Wife the
sum of $5,000.00 in addition to her ½ share of the equity in the home. It is further
understood that Husband shall be responsible for any mortgage payments or home equity
payments, as well as the costs of the real estate taxes and insurance.
4. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
5. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service of the Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
6. Transfers Subiect to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
7. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
7
8. Equitable Distribution of Property.. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. 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 effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
9. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any fight or interest she may
now or hereafter have in any assets now belonging to Husband.
10. After-Acquired Proper .ty. Each of the parties shall hereafter own
and enjoy independently of any claim or fight of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
11. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: There are no joint debts of the parties.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
8
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
12. Bankruptcy or Reorganization Proceedings. The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
13. Health Insurance. Henceforth, each of the parties shall be
responsible for their own health insurance needs.
9
14. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
15. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania
Divorce Code. The rights of either party to pursue a claim for equitable distribution of
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
16. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
17. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
10
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
18. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
19. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
11
Each party acknowledges that he or she has received independent legal advise from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
20. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
21. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
22. Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
12
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
23. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
24. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
25. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
26. Disclosure and Waiver of Procedural Rights. Each party
understand that he or she has the right to obtain from the other party a complete Inventory
or list of all property that either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such property valued by means of
appraisals or otherwise. Both parties understand that they have the right to have court
held hearings and make decisions on the matters covered by this Agreement. Both
parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
13
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provide by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to disCovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
14
27. 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 attomey with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice 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 acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
28. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement with the assistance of Dr. Arnold T.
Shienvold. Husband has retained Mark T. Silliker, Esquire for the purpose of
memorializing the agreement which the parties have already reached with the assistance
of Dr. Shienvold, as well as to file for their divorce. While Mr. Silliker does not
specifically represent Husband in these proceedings, he has been retained to assist him in
finalizing the agreement between the parties. In furtherance thereto, Wife is hereby
respectfully advised of her right to retain independent counsel to represent her in this
matter. However, being so advised that she is entitled to independent legal counsel, she
hereby waives her right to the same.
15
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Lorraine J. W~ner ~
Ja-c~ E. Wagoner
16
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF ~<5(_a_z.~Zt.Z~ .
SS:
O n ihhieS C~o~'h'Z;Yn°w ~~s~l }a2,0c0a~meb~fo°2a~; Subscriber, a
Notary Public, for van J. Wagoner,
known to me or satisfactorily proven to be the Wife in the aforegoing Marriage
Settlement Agreement.
Eorraine J. Wtt~on~r 'f
Witness my hand and Notarial seal, the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ( 14.
l~'otaTry' Publi~ --
My Co ' ' · ·
·
SS:
On "~
th~2.~day o~/~~, 2002, before me Subscriber, a
Notary Public, for the Commonweal~ 6f Penr~_flvania' came Jack E. Wagoner, known to
me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement·
c5_~,-~ ~_,
Jael~ E. Wagoner
Witness my hand and Notarial seal, the day and year aforesaid.
My Commission Expires:
JACK E. WAGONER,
Plaintiff
LORRAINE J. WAGONER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-6098 CIVIL TERM
:
: 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:
(X) 3301 (c)
irretrievable breakdown under Section
( ) 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: December 26, 2002,
by hand delivery.
3.
Section 3301(c) of the Divorce Code:
Defendant.
(b) (1)
Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
April 3, 2003 by Plaintiff, April 3, 2003 by
Date of execution of the Plaintiff's Affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the PlaintifFs Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated but shall not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date PlaintifFs Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: April 8~ 2003
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: April 8, 2003
6. Social Security Numbers:
(a) Plaintiff: 161-34-4245
(b) Defendant: 172-36-9807
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ~ PENNA.
JACK E. WAGONER,
................................... Plain~i_ff .................... Versus
.......... ~efenda~
N().
DECREE IN
DIVORCE
AND NOW ............. ,~,,.2. .... /.4.'..., q-9 ....... it is ordered and
decreed that ..... J.~ck..W....~ag. oner .......................... , plaintiff,
and ..... L.o. rraine. J .... Wagoner .............................. defendant,
are divorced from the bonds of matrimony.
The court retains iurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The Marriage Settlement Aqreement between P~r~A~ ~hAll be
................................................... %b~ . ,
...~.qorP ~ buk.shal~.not..merg.e.wi~h.the..£ina~.~ec~ee.~.Divorce
By Th/6' Court/
~'i~,,:/' ~ ........ ~' ~ /') j.
/_
~ -- ' {] Prothonotary