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HomeMy WebLinkAbout97-06516 \+\ I ~. Wi .Qi , . .' \I) , ;a I I ~, I . rii wi a.' Wi c+ \ i l ; . .. // ,- c.: r:i ~ -J 1- ::Ji I- e) .,.9 - ~---*-,._-,~~,~*'~*'~~**~'}*~*'~*'~*---~ . ,-----,------------..-,-"~.'~,-...--'-'---.'.."-' --- -'~ ~-,,----~~-~."'......-- ----~-"'-'-, ,. ,- " - . --~,,-,-"--~---- '-~'~ -,--._.~~,-~......-- --------- ~--- --~ .. ~ ~ ~ $ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ OF CUMBERLAND COUNTY ~ s I'S' 8 8 ~~_ 8 81 STATE OF 'ES-~~ PENNA, 8 ~I ',~.. '-I' 8 8 ~ WAYNE R. ASPER " ~ 1\ n. ~7~(i~Hi.... ................, 8 ~ 8 ~,Vel""" 8 8 MTIUOAA.AS~ 8 8 8 r, ~ 8 , 8 8 ~ ~l ~I ~l ~l ~ i 8 8 8 8 8 8 ~ ~ 8 8 ~ ~ 8 8 ~ " ~ --;-..,'-; ~---.-..~--;:- :-:--';-:'-.: -;.- -. '. -; ~-:. ., ., .. .. .. ., .~~~~~~~*~~,~~~.~'~.~.,~~~'~' ~ " DECREE IN DIVORCE AND NOW. ,.,"~,. tl'..".. 19 ,'i,~.,. it is ordered and decreed that" ,\A.J,~v...o.., ,~, ,{J.,.3~".".,.,.". plaintiff, and",." fJ,~-tv... ,c..-:",":'-:-:, ,v+4~,.""".",...... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; "";Jo~, " ,..,...,.," ,.', ...... ,.' ... .". ...... ............ ,.." Alle.t. ad.., 7<?~rl<~ ~ ~', A~~JI,'~'" .YZ;~ iJ.7..... -- / ' '/'7 (lrnIIHlllull,ry ~ 8 8 ~ ~ 8 8 !8 I~ ~ I. !~ l~ I, 1$ J, .~ " ~ ~ ',', ~ :0( .:+:' -:t:- -:+:' -:.;. -:.;. ':.: ':t;' -:.:. ,:.;. .:.;, ,---..___J Latisha K. Frederick, Esquire P.O. Box 522X Harrisburg, PA 17/10 (7t;;23rJ-XUI ...___6 WAYNE R. ASPER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 97-6516 PATRICIA A. ASPER Defendant. CIVIL ACTION--LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1, Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code, 2. Date and manner of service of the Complaint: by certified mail, restricted delivery, return receipt requested on December 3, 1997. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on March ~ 1998, by Defendant on March~, 1998 4, There are no related claims pending. Respectfully Submitted, l./- 1 /J/ ,J ...~ By ,/17 t(,~{j- A. -Iz{fdtltl I Latis~a K. Frederick, squire Attorney 1.0. No. 72406 4407 North Front Street P.O. Box 5228 Harrisburg, Pennsylvania 17110-5320 (717) 236-8241 -..... .......- '..... -) (') , n !hl :".J 1 , _J i 1 , :,~, , " , (i.) 'T' 1 J <, 1 .:.1 ; , .,'1 ., ! - , ::~ r , v. NO. Q1-w51lc CLL~..oTer/l1 I I I f.. WAYNE R. ASPER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, PATRICIA A. ASPER , , , Defendant. CIVIL ACTION--LAW IN DIVORCE I ~ NOTICE TO CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. . When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland county Courthouse, Carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator's Office Cumberland County Courthouse, 4th Floor One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-62(\0 WAYNE R. ASPER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 91-" ~"I(, a'vvt7~ PATRICIA A. ASPER Defendant. CIVIL ACTION--LAW IN DIVORCE COMPLAINT IN DIVORCE COUNT I DIVORCE UNDER SECTION 330l(CI OF THE DIVORCE CODE 1. Plaintiff is Wayne R. Asper, who currently resides at 847 Brian Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is patricia A. Asper, who currently resides at 847 Brian Drive, Enola, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28, 1985 in Harrisburg, Dauphin County, pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. 9. Plaintiff avers that there are no children to the Parties under the age of 18. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of toe Divorce Code. Respectfully submitted, By ./~{eL ~ 1w,J(JA1,-i Latim K. Frede~t;~,~sqU~ 4407 North Front Street P.O. Box 5228 Harrisburg, Pennsylvania 17110 (717) 236-8241 Attorney 1.0. '72406 ! I ~ !' VERIFICATION . ,. I verify that the statements made in this 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. waYn~p~, 'tttiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 97- q'l- ~511o CML ACTION ..LAW IN DIVORCE WAYNE R. ASPER, Plaintiff PATRICIA A. ASPER, Defendant PRAECIPE TO THE PROTHONOTARY: Please enter my appearance as attDmey for Wayne R. Asper, Plaintiff, in the above-captiuned case. Respectfully submitted, ~b-f .1N&:;i . a a K. Frederi , Esq. 4407 North Front Street P.O. Box 5228 Harrisburg, PA 17110 State I,D. No. 72406 (717) 236-8241 . ... WAYNE R. ASPER, :N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,." ., - .. .. . . \ ~ , '. . . .> . Plaintiff, v. NO. 97-6516 PATRICIA A. ASPER, Defendant. CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Latisha K. Frederick, attorney for Plaintiff, do hereby certify that on the 3rd day of December, 1997, a true and correct copy of the Divorce Complaint was served on the following individual of record for Plaintiff, by 1st class mail. The Acceptance of Service is evidenced by "Exhibit One" (attached). Patricia A. Asper 847 Brian Drive Enola, PA 17025 Respectfully submitted, By -c/1i ;f i1AIt.Uej La~ K: Frederick, Esquire Attorney 1.0. No. 72406 4407 North Front Street P.O. Box 5228 Harrisburg, Pennsylvania 17110-5320 (717) 236-8241 Attorney for Plaintiff. Exhibit "(:NEil t CERTIFICATE OF SERVICE I, Latisha K. Frederick, Esquire, do hereby certify that on the day of March, 1998, I caused a true and correct copy of the forgoing Proof of Service to be served upon the following individual by first class mail, United States Postal Service: i') Patricia A. Asper 847 Brian Drive Enola, PA 17025 LAW OFFICE OF LATISHA K. FREDERICK By ,'/ l1.idl ~< ~1I1. ~ Latf1ifat K. trederlck, ESqJf~e Attorney 1.0. No. 72406 4407 North Front Street P.O. Box 5228 Harrisburg, Pennsylvania 17110 (717) 232-8241 Attorney for Plaintiff - \ , ... I . ,--, r- , ) ., , 1 , , . ,q . , . . -" I~ ~ ( I I I WAYNE R. ASPER, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA ~ Plaintiff, I I V. I NO. 97-6516 I PATRICIA A. ASPER, I I Defendant. I CIVIL ACTION--LAW IN DIVORCE , PLAIN1'IFF'S AFFIDAVIT OF COnSENT AND WAIVER OF NOTICE TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(C) of the Divorce Code was filed on the 24th day of November 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my Spouse and I participate in counseling. Being so advised, I do not request that the Court require counseling prior to a Divorce Decree being handed down by the Court. 4. I consent to the entry of a Final Decree of Divorce. 5. I understand that if a claim for alimony, alimony pendents liter, marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. ... \. II. WAIVER OF NOTICE 6. I consent to the entry of a Final Decree in Divorce without notice. 7. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of thB decree will be sent to me immediately after it is filed with the promontory. 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. ~ Datedl MARCH 10, J~"16 ;.f""~ 4 ~ WAYNE R. ASPER, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I I V. I NO. 97-6516 I PATRICIA A. ASPER, I I Defendant. I CIVIL ACTION--LAW IN DIVORCE DEFENDANT'ij AFFIDAViT OF CONS~NT AND WAIVER OF NOTICE TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on the 24th day of November 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing .the Complaint. 3. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that the Court require counseling prior to a Divorce Decree being hAnded down by the Court. 4. I consent to the entry of a Final Decree of Divorce. 5. I understand that if a claim for alimony, alimony pendents liter, marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. I -... '.;.. ~.:J. l t v. I I I I I I I IN THE COURT OF COMMON PLEAS 01" CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW WAYNE R. ASPER, Plaintiff PATRICIA A. ASPER, Defendant NO. 97-6516 CIVIL TERM AND NOW, this ORDER OF COURT Is10 day of March, 1998, . upon consideration of the proposed order and marriage settlement aqreement attached hereto, and it appearing that no order of bifurcation has been entered in this divorce case, and that no divorce decree has been entered, the proposed order will not be entered at this time, without prejudice to the riqht to request its entry at another time. BY THE COURT, /-) \ ~~L \ J Wesley Latisha K. Frederick, Esq. P.O. Box 5228 Harrisburg, PA 17110 Attorney for Plaintiff Patricia A. Asper ..,.;_",.../1; -'A~ 14.3 847 Brian nrive .17/ .?~-h..77 )J/J-/7dl/ BRala, PA 17025 ~/~~~---I Defendant, Pro Se Ire . ~J;.o..l. 3/' 3Je,g ~ ,.\. i'. .': \ ,,-.'.... J 1~.. ,. . I : I r~ _,' . ,..i........ l, -J '.. I . -,.- r .;- . . ._......4'~':::''?=''.f-). """""~~,~,,,","". "'."'-"'.,.,..,.....", " ..,~ ~ .. .. . . . f. C . " Latisha K. Fre'deri'c:k. Esquire P.O. Box 5228 Harrisburg, PA 17110 (717) 236-8241 . ... .- ~MAR 111998 ~,~.<"'~"..~~~.........~."'_._- ...- :-h';~"',,.~.;.~...''''''''"''--~.''''--'.". -." WAYNE R. ASPER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 97-6516 PATRICIA A. ASPER, Defendant. CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of March, 1998, the terms provisions and conditions of a certain Marriage Settlement Agreement between the parties dated the 19th day of February, 1998, and attached to this order is hereby incorporated into this decree and Order by reference as fully as though the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Decree and Order. BY THE COURT, J. MARRIAGE SE'rTLEMENT AGREEMENT THIS AGREEMENT, made this 19 day of "e-tlP.U.A~'" , 1998, by and between WAYNE R. ASPER, of Enola, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," and PATRICIA A. ASPER, of Enola, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on September 28, 1985; and WHEREAS, there were no children born of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration 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 hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followsl 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Latisha K. Frederick, Esquire, for Husband, and Michael Deckman, Esquire, for Wife. The Parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been Informed as to their legal rights and obligationa and they acknowledge and accept that this Agreement is, in 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. 2. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other Party at such places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree that the terms ot this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of York County, Pennsylvania, shall retain -2- continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 401.1 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. INTERFERENCE. Each Party shall be freB from interference, I ... ~ , ~ i. I authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. -3- 5. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, adminiatrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which eicher of the Parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any ~rovisions of this Agreement. 8. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or cont~olled by the other at the time of the separation of the Parties and, further, that the -4- Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 9. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 10. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. The household items will be divided -5- I according the the listing attached hereto and made part hereof as Attachment A. (a) REAL PROPERTY. The Parties acknowledge that they are the owners of the marital residence situate at 847 Brian Drive, Enola, Cumberland county, Pennsylvania. The Parties agree that the residence will be refinanced and deeded under Husband's name. Capital gained from the refinancing will be used to settle all outstanding credit card debts of the parties and $10,000.00 of the capital will be issued to Wife as full settlement of her interest in the marital residence. (b) EMPLOYMENT-RELATED BENEFITS. With regard to employment, each of the Parties hereto waive any interest they may have in the other's retirement, pension, or other employment-related benefi ts . (c) PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home, and such division is according to Attachment A. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. d) MOTOR VEHICLES. Husband has agreed to sign off on the title to Wife's car, a 1993 Saturn SC2, and it is to remain her sole property. There is no outstanding debt on this vehicle. Wife has -6- " ., I _ .~. . . . . agreed to sign off on the title to Husbands' car, a 1997 Saturn SL2, and Husband will refinance the vehicle and assume all future payments of any kind regarding the vehicle. e) Both Parties hereby accept the provisions of this Agreement with respect to 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 the equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 401(0) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any rights to seek a Court-ordered determination and distribution of marital property, but nothing herein shall constitute a waiver by either Party of any rights to seek their relief of any Court for the purpose of enforcing the provisions of this Agreement. 11. ALIMONY PEND~NTE LITE. COUNSEL FEES AND EXPENSES. Both Parties accept the provisions of this Agreement in lieu of and as full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, during or after the commencement of any proceedings for the divorce or annulment between the Parties. With regard to employment, each of the Parties hereto waive any interest they may have in the other's retirement, pension, or other employment-related benefits unless mentioned heretofore. -7- f 12. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable ~o him or her, and the Party breaching this Contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set , ! ~ i forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each -8- COMMONWEALTH OF PENNSYLVANIA) ) SSI COUNTY OF CUMBERLAND ) On this 11I-- day of ~ , 1998, before me, a Notary ~he unders gned officer, personally appeared WAYNE R. ASPER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. i I , ~ , ! I , I I ! SS^ HEREOF, I hereunto set my hand and official seal. c Notanal Seal Jeftrey Alan Millar, Notary Public Silver SpflOg Twp.. Cumberland County My Commission E.plres Aug. 27. 2001 Memhel Penll", ,,"i.' ,1.."xllhnn nl Notaries COMMONWEALTH OF PENNSYLVANIA) ) SSI COUNTY OF CUMBERLAND ) On th ls ~ day of 1:"..." , 1998, before me, a Notary Public, the undersign~~;f(icer, personally appeared PATRICIA A. ASPER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN EREOF, I hereunto set my hand and official seal. c Nolanal Seal Jeltrtly Alan Millar. Notary PublIC $ll__er Spflog TWfJ. Cumberland County ~y Cornmlss'ofl Expires Aug. 27. 2001 ....embM Pl!11:l"/I....,If'I(l li:;'S'1r.I.\ljon of Nfll.1I18s -10- . ATTACHMENT "A" A. Appliances All appliances are to remain in the condominium except the following I Microwave Kitchen Aid Mixer Hand Mixer Stainless Steel Toaster Oven Hot Shot Hot Water Maker Cuisinart Food Processor Crock Pot Deep Fryer B. Living Room The television and VCR are the property of Pati Asper The wall unit is the property of Wayne Asper with the stipulation that he purchase a new entertainment center for Pati Asper (one of her choosing) The oversized chair and matching ottoman are the property of Pati Asper The leather love seat, chair and matching ottoman are the property of Wayne Asper The built-in bookcase on each side of the fireplace are to remain with the condominium The stereo is the property of Wayne Asper The coffee table, end tables and lamps are the property of wayne Asper PMJ PfJZ.:rY OF f}r.\ A?A:R. VI f?A z! r1 h'8 PM ?-1t4/q % C. Dining Room The china cabinet is the property of Pati Asper The dining room table is the property of Wayne Asper T~e contents of the china cabinet are to be divided as agreed upon by both parties D. Master Bedroom All dressers and night stands are the property of pati Asper The brass bedside lamps and the torch lamp are the property of Wayne Asper The entertainment center is the property of Wayne Asper including the television and the VCR -11- ,. .' '" . . The bed is the property of Wayne Asper E. Extra Bedroom The futon is the property of Pati Asper including the side cabinets and lamps The shelving units are to be divided equally between the parties The dresser is to remain in the condominium for use by Wayne Asper and returned to Pati Asper at such time it is no longer needed F. All other household contents will be divided as agreed upon by both parties . - -12- . . Il ,.. " ( , ~") . . I J , c~ , I {--' . - \ " " " I' ..J -, ....1 . . . . . IAtisha K. Frederick. Esquire P.O. Box .122lJ Harrisburg. fi' j 7110 (7J7) 236.8241 MAR z ~ 1998M , ~MM-l1 1!l~.;" ~,>__""rl7"' -- ',' 'I ;c~-,_,/_.'ji;:.-',rj--"'" i . . \ ; -, ~.. I J. WAYNE R. ASPER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 97-6516 PATRICIA A. ASPER, Defendant. CIVIL ACTION - LAW IN DIVORCE ORDER ~-,'" AND NOW, this ~, day of March, 1998, the terms provisions and conditions of a certain Marriage Settlement Agreement between the parties dated the 19th day of February, 1998, and attached to this order Is hereby incorporated into ~;~~ ~'5~~~r~J~~~ as fully as though the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Decree and Order. BY THE COURT, .' [r~ l;t ... \,. :-' ~ j /"\'J. '1(.";~'~ ~'I. I !( ". "'" . ",'":/,,,.., . "', - ;_;I~,(j t"l :11 l::, " :">:b ~I' / ' ~C'"'' "i^,. - "1'..1 n~ '''I.,,:. "ou "";"\"';: .)JU.ii.':.'v,..., , - vJl{i ' ~'O MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this I~ day of FEMUAR."( , 1998, by , ,. and between WAYNE R. ASPER, of Enola, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," and PATRICIA A. ASPER, of Enola, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on September 28, 1985; and WHEREAS, there were no children born of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration 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 hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followsl 1. ~DVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Latisha K. Frederick, Esquire, for Husband, and Michael Deckman, Esquire, for Wife. The Parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in 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. 2. ~EPARATION. It shall be lawful for each Party at all times hereafter to continue to liva separate and apart from the other Party at such places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either Party of the lawfulness or unlawfulness of ~he causes leading to their lJ.ving apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the. at the request of either Party. The Parties agree that the Court of Common Pleas of York County, Pennsylvania, shall retain ~, '. , 1 -2- continuing Jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 401.1 of the Pennsylvania Divorce COde, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. -3- 5. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands mada against her by reason of debts or obligations incurred by him. 7. MUTUAL RELEASE. subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and ass~gns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 8. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the -4- " Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 9. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, rlght to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 10. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. The household items will be divided ~ :~ . I i I~ lil 1 ~ [ l [ -5- .,- according the the listing attached hereto and made part hereof as Attachment A. (a) REAL PROPERTY. The Parties acknowledge that they are the owners of the marital residence situate at 847 Brian Drive, Enola, Cumberland County, Pennsylvania. The Parties agree that the residence will be refinanced and deeded under Husband's name. Capital gained from the refinancing will be used to settle all outstanding credit card debts of the parties and $10,000.00 of the capital will be issued to Wife as full settlement of her interest in the marital residence. (b) EMPLOYMENT-RELATED BENEFITS. With regard to employment, each of the Parties hereto waive any interest they may have in the other's retirement, pension, or other employment-related benefits. (c) PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home, and such division is according to Attachment A. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either party. d) MOTOR VEHICLES. Husband has agreed to sign off on the title to Wlfe's car, a 1993 Saturn SC2, and it is to remain her 80le property. There is no outstanding debt on this vehicle. Wife has -6- , I , I ! I I agreed to sign off on the title to Husbands' car, a 1997 Saturn SL2, I and Husband will refinance the vehicle and assume all future payments of any kind regarding the vehicle. e) Both Parties hereby accept the provisions of this Agreement with respect to 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 the equitable . distribution of their property by any Court of competent jurisdiction pursuant to Section 401(0) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any rights to seek a Court-ordered determination and distribution of marital property, but nothing herein shall constitute a waiver by either Party of any rights to seek their relief of any Court for the purpose of enforcing the provisions of this Agreement. 11. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both Parties accept the provisions of this Agreement in lieu of and as full and final settlement and satisfaction of all claims and demands ~ c that they may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, during or after the commencement of any proceedings for the divorce or annulmont between the Parties. With regard to employment, each of the Parties hereto waive any interest they may have in the other's retirement, pension, or other employment-related benefits unless mentioned heretofore. ~~. ,~ c'~ Jj" ~~ ~ ~J "~ ~ . . , -7- 12. BREACH. If either Party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching this Contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each -8- ! i ~ I , , paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. WITNESS: -9- COMMONWEAL~H OF PENNSYLVANIA) ) S5: COUNTY OF CUMBERLAND ) ~ On this 19 day of IR~ , 1998, before me, a Notary Public, the undersigned offIcer, personally appeared WAYNE R. ASPER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. EREOF, I hereunto set my hand and official seal. c Notanal Sual Jellrev Alan Millar. Notary Public Silver Spnng Twp.. Cumborland COUnl! My CommiSSion Expsrijs Aug. 27. 200 MembtH, Penn:JylVdfllJ p'SS:lr.IJ!ton 0 olarl" COMMONWEALTH OF PENNSYLVANIAl COUNTY OF CUMBERLAND ) SS: On this It~ day of h_""" , 1998, before me, a Notary Public, the undersigned officer, personally appeared PATRICIA A. ASPER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN REOF, I hereunto set my hand and official seal. c Nolanal Seal . Jeffrey Alan Millar, Notary PubliC Sliver Spring Twp., Cumberland count! My CommISSion EltplreS Aug. 27. 200 Mamba,. Pennsvlvani;t A<l'\tlr!l11on of oL1rln -10- 0.'1 . .' . I ! I I r I ATTACHMENT "A" A. Appliances All appliances are to remain in the condominium except the following: PJ:pP~p..T'f OF PAT I ASpeR.. ~ o/./Cf/'lrJ PM a-fIq /qg Microwave Kitchen Aid Mixer Hand Mixer Stainless Steel Toaster Oven Hot Shot Hot Water Maker Cuisinart Food Processor Crock Pot Deep Fryer B. Living Room The television and VCR are the property of Pati Asper The wall unit is the property of Wayne Asper with the stipulation that he purchase a new entertainment center for Pati Asper (one of her choosing) The oversized chair and matching ottoman are the property of Pati Asper The leather love seat, chair and matching ottoman are the property of Wayne Asper The built-in bookcase on each side of the fireplace are to remain with the condominium The stereo is the property of Wayne Asper The coffee table, end tables and lamps are the property of Wayne Asper C. Dining Room The china cabinet is the property of Pati Asper The dining room table is the property of Wayne Asper The contents of the china cabinet are to be divided as agreed upon by both parties D. Master Bedroom All dressers and night stands are the property of pati Asper The brass bedside lamps and the torch lamp are the property of Wayne Asper The entertainment center is the property of Wayne Asper including the television and the VCR -11- .' . The bed is the property of Wayne Asper E. Extra Bedroom The futon is the property of Pati Asper including the side cabinets and lamps The shelving units are to be divided equally between the parties The dresser is to remain in the condominium for use by Wayne Asper and returned to Pati Asper at such time it is no longer needed F. All other household contents will be divided as agreed upon by both parties . . '" I. -12- . . . .... ., .n ;'.) ':'i ::3 -, ::- ;:) 1-> o -n -4 'f I) 1,1._ ....."J ,r. ',1.- '-:l~rl ..~ , ...., ;.o(n C/ -, 5' ~ - \. 0- C:;. ..... ~ r:.: ~ ; :: . .. ... .~'. ;~ rJ ... .. ,.;.,. ... ~_- ;.. t.:' ~':" ~"'I ;;..(', ~, , \ " ~ i L I' I rn