The URL can be used to link to this page

Home My WebLink About98-02134 , .. .! ~ ~ ...., j' ~ \, ~ ',,- .....;, ~ "\ \ , \ \ \ \ \ I i / I / (j ~j ...... . ... .:l - ,?-0 v~ ~<( _t\.O r ~~~-<,:J. ~"?-' / 00 00 ~~ ~ ~00 <? // o ,,,?-~' _" , ~ ~v{"' , .t1.. n..<r; ~~:tll-.' ",' \> ~- ~v . ,'i!t;~, 0' ,,0 O 6" · ]0, '" "" 0' 6 o~ o~' '., ..,\' ~" '" /. , .,;:'h ,0 .' -<,-v .."V .. 0 <,< <, ~ "," ,/ ,/ '~d:, ,. ,;-'" ,,0'" ,< ,~''i>'/ <,/ / /.'" '" ,<i$V' 'f ." I ,;. .v,. / VV v Y' 0. " " ,., .\'/ / / '" ",6 '",0 ,. ... ,.'/ / / 6" ,~- / / .. " ,J / .", ~ . / 0 ..J, 0 / / v. " ' / ->,' .# ,..";/' 0 0' ~/ ,<#'/ ,,0 o:~ 0,0 ,/ / ,7 0' / / ~y <~. ..'C .'C ,/ / <t<tV'/ .P-' ~/ ~~/ ",,4. O?' / #Y f/ .p/ ,./ vO v' " . ')~ / 0/ ,&" .,./ <,' ,.0..",0 / / / /' W.", v' <"., / / / / <;,~ <( <( <(0 // / , 0 0" ' ~' / <;f" 0"" ,0 // o "" ~'0~ ~ / '" .0 ,0, ,) .,' / ",0 '" / ,,' ,.0 ",' . .,5f. .. <" / < ,,' < ,f ." / 00Q/: "OV ,"<0 ,,, , .. 'J'';/ 00 J 0'?- 0Q~?, 00 _-<: ";/0 <(~ / Q~ 0 '?-<(" '?-~, /~ \.~ /~ ~ Q O"!' ~ <( Q' eO. 4. , " ,-> v' 0 " " / ~ .' , ' 0 0 ,0 ., " / / ,<, o C; v -,' / ,/ 'V '?- 0 ,0~" 0'" ...."" ?' ",-?- '?-?' "" \. ~ <' ~"" ~~ '0/ ~~ ~ ~ eO. 4.~ :<.'1>"- I) :<.<1.0 ",0 /, \.<1' // ' / , / L"'" J'FIC):i; SNE:LO""',~R, BRE~;~EM.\-': l\- 5p'''lE , WHEREAS, the parties agree that their marriage is irretrievablY broken; 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 eff~ct thereof and has either retained counsel for such purposes or has knowingly and voluntarily declined to do so; 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: -2- ,-Wi (l['!'tC,I,:; S~/l.LUM\ I::~ BRf:flN[MA'1 & Sr"'H: '... 1. INCO~PORATION OF PREAMBLE, The foregoing preamble and paragraphs are incorporated by reference herein in their enHrety, 2, ~UTUAL 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 or interfere in any way with the other or with any person for associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property, furnishings and fl\rniture. All assets and property possessed by each party as a result of this final division and distribution shall be owned and possessed free of any right or claim of the other, it being understood that each party may own, possess, use and dispose of freely any property in his or her possession, The parties acknowledge and agree that the division and distribution of property as set forth above has occurred 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 -)- L,'W ,)f'~'ICl:l; SNf.LOAKCR, BR~NNEMfI,:-.l Be Sf1MH: The parties agree that all debt of any kind or nature presently existing for which eaoh party is solely liable and responsible, shall remain the sole responaibility and liability of the party in whose name that debt exists, whether or not said debt shall be considered marital debt. Eaoh party agrees to indemnify and hold harmless the other party from any liability arising from such debt. The parties agree that any and all loans, debts and/or obligations incurred subsequent to May, 1997 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 6. PENSION. RETIREMENT PLANS. BENEFITS. BUSINESS RIGHTS ~EMPLOYMENT BENEflTS. Each party waives and forever releases the other of and from any and all claims which either may have against any pension, 401K Plan, retirement plan or any other retirement plan, benefit or employee benefit or benefits of the other. 7. RELEASE OF SUPPORT AND. RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against -5-' d L,W.. '_'Ifl(;;.',', SNf.LU'\~;l:n OftCNNfH."1 8: Sr'\H! the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiotion) including, but not limited to, alimony, alimony pendente lite, equitablo distribution of marital property, COUnsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Di voroe Code. B. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary aff~.davits, waivers and consents to procure a cOnsensual divorce under the provisions of the Pennsylvania DIvorce Code, such documents to be filed in the Divorce Action. 9. GENERAL RELEASE. Husbund 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 -6- L,\w CJ"FI:;t.~' SNE:lB;,~r,:R BRF.:-.lNEt.IAN tic Sp.,nE way exonerate or disoharge either. party from the obligations and promises made or imposed by reason of this Agreement. 10. .SIJRVIVAL 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 pe.rmanent, 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 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. 11. 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. 12. 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 -7- ,I , l.f\W.li'f'ICl:5 SNE:l.[J^~Ut. BRf.NNCMMI Ii Srfl.lH' il responsible for payment of all reasonable legal fees and costA incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenanta to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or e~penses (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 indemni.tor'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. 13. VOLUNTARY E~Tl9~. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect I fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fai.r and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that i.t is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information r.elating to the financial affairs of the other to the extent same has been requested by each of them. 14. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are -8- LflW Of~'!C1:~; SNE'l,UfI,KER. BRENNEMAN 8: SF'^Rrr no repre~entations, 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 madtal 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. 15. WAIVER/MODI(!CATION. The waiver of any term, conditions, 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 part.ies hereto. -9- >. 0\ i; 'rr; - ~!{, ~ ~~ .. .:) l'-J~:) - cd;!; f'~'i"~ :>\:" C):r f~T u. "'\;'} (2)(:: I t.t s.... 't.t N "'-l)'~ G'" I "I~ 1'1 I-! , '('''? G> ?J : litE :.:11 i-', ", ",;, (j., c.~ (,) U C:.> .) >- 0\ '1; - ~ ~', ,." .. ('J '".to.r;f' ll-1;,;. ~h...'i () '-;" ::T:: ' 1"'-' ,,;( , '-"':C ':'!.-,'( tl. "~')~ ?if.- ,'tr3 -~ 1,_ ('./ C:.:" ,-~1 ;:: I-.!. I I-i.'- ;J,'~' iri~1 ~'~l ';h& ~) ..~ Ii C'J ~. ..:) Ci 1:.:;J 0 MICHAEL A. WALTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- J/ '! 'I CIVIL TERM CIVIL ACTION - LAW JENNIFER A. WALTER, Defendant IN DIVORCE NOTICJo: You have been sued in Court. If YOll 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 for 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 DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER 'ro YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 l.A.W OF1',Cr:S SNEL.nAKE;R, BRf':NNEMfl.N 8: SPARE: SNELBAKER, BRENNEMAN & SPARE, P.C. )7 By: I /J:;,')1lttA44~"- Attorneys for Plaintiff 'n In 0 c::, <.:9 <. .:;; 0 , Z ~ ~: >' ~ ;,; ~ ';{: ~ ~ " -I ~ w ~ \t: ~ z " :z. " " ifj v' ~ :z. 1 r ~I "" u.i Z 11 ci ~ 0 ~ 0 ~ ", P l:Q 0 ..: " 0 ~ ~ ~ cc: ~ '" " <: (J . u.i " ~ ~ CQ ...I U u.i "' :z. ;:\ l/) I" "'. 0\ ~ b~ ~ '" J..~ .. ;S..-: u J ~::-' - " t.--- Cfl'.' 'J ,. :j~}.L ..-., ::,;:, " (@~ l~... r, , ('1.1 .'.' (,~ (.~\ ;r I .. :2 ,I_ti :1'10 , : ::e; I,: (I I L ....) ~{;}n: ~"'J -"I I , (') ':.J (j (.:) () MICHAEL A. WALTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA v, · NO, 98-2134 CIVIL TERM · CIVIL ACTION - LAW JENNIFER A, WALTER. Defendant : IN DIVORCE DEFENDANT'S AFFIDA VIT OF CONSENT llli.!>ER.sECTlON JJQl(CJ OrJHE DIVORCE CODE I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 17, 1998, 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 request entry of the decree, 4, 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 I'a, C, S, U4904, relating to unsworn falsification to authorities. Date: ~;j /fa , I LAw Of'f'rOf:e SNfi;l.BAKE:R, affe:f.me:MAN Be SPAfU; ,.., Q\ ~ b;; ~~':: .. :?~ r'J .- 1.1,1:' 1:)2' ( j ~',' '~r:: '.:'d '.. ~ U_~ ':1 i)... ".''''--...J C:,. .,.>:: 5;1(:' c~.1 :-.~" (/) ,. I .:AZ , ".(5 n: ""'-' LU .L '" 1.1:1(.L, ....' ~<-) .,;: If.. C':.") :5 () c.., CJ ~.. 0'\' G:; [,; - 1:(1 .. f'~ 1.1, I f,~,: -. ';l'S t;)~, ().. , 1...,J1e I'i~ ~". L1..-. ,."):~ c.;,\- ..,.(.... 'I (')1 ("\.:/ 'SF!) I ;"'-i,) I ")~ !. ."-,, ~)JJ! 'i u ;:.:; I ~, ~ i I~, c_~ l..l 0 l.) i >- ('1' ~~ n- ,- ~.f e .. \1 I~:) - C.~;;. G:;< :'1::' (.J!;t po,:"~ (;,. -::;J ( ~} I:' : i:.Jc::_ }.,". ,;,. '::~,fa '-'-" I I~ ll'-! ,:r.\"::l n-- ~: IJ- l.L .' ..."J li1o. I "", " il- ,~ \1-" C;> ...) () 0 Q l.AW OFfloes SNELDAK(':R. BRENNEMAN 8: SPARE MICHAEL A. WALTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-2134 CIVIL TERM CIVIL ACTION - LAW v. JENNIFER A. WALTER, Defendant IN DIVORCE AF'FIDP&JT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. c., being the attorneys for Michael A. Walter, the Plaintiff in the above captioned action in divorce; that on May 26, 1998, he did send to Defendant Jennifer A. Walter by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. P 206 994 404; that both the Complaint and cover letter were duly received by Jennifer A. Walter, the Defendant herein, as evidenced by the return receipt card for said certified mail dated May 29, 1998; that a copy of the aforementioned cover letter dated May 26, 1998 is attached hereto and incorporated by reference herein as "Exhibit. A" and that the original Receipt for Certified Mail and the Domestic