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HomeMy WebLinkAbout98-06581 \. \l I \,. I U I..... L.1 'l ~ ~ \. u ':.,. U ;... .., ~ ~ ~ 0: - , 5' . : '-Ji i ~i ~i --'I , I ~l 1 > 1 .:.:. .:+;. -:.:. ':.:''';4 - ,- (~ I.... i.~ ~ ',' i!~ ~ li~ .. ,', ~ *-***.~~***-**,~~.~*.~.~~~****.~ 1': - ~ "..~ ,.~ .', ~( ~' ~; ~: . , "I -,OJ ,'.J ~I . ' ~~ . , ~) . . ~i v) ./ ~I ~j ~j Vi ~I ~i) ~ ~l ~~ . , ~i ':'1 ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND "S. "~~'n ,,-,,:<!GI'J; . ~~.. I. -V""~ ,or' COUNTY STATE OF PENNA. IJAROI.D D. PL1\STERER :\ t J. 6581 It) 98 \'i'1".':;: MARY BETH PL1\STERER DECREE IN D I V 0 R CEdi 3.'I/Of'P'l . ...... fVL.~.. .??, 19.. .99., it is ordered and ~ AND NOW,.... .. ~ decreed that ... .. . .HAR()~D. P.'. .PW\.l::1;'I;:R,E~... .... ......, plaintiff, and. . .. . . . . . .. . .. . . .. . .. . ~Y. n.ETH. pMSTERER. . . . . . . . .. ", 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; NONE $ ~ ~ .. ~hi.~ .A!l'!C~~I!l!!p:t;. 91'. .~p~;i..l, .?!5.. ..1,999.1. .is. hereby. . incorporated. .into . . the .f inal . Di:v:orce. .Decree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~ " ~ ... $ ~ " ~ ;;, ~ II f! ~ ------...-.-.............. . :-?;..~;.~:. -:+:. '..,. Atte.t: ~ Prothonotary .....~- -~-~-~------'-'-'..-. -- -'~'~ '-,,-', -,. ' .- -, . ~--,~.----._~.~.......~., ......-...~.-.< . ~"~-,., ~- ,-,.~., , ., -,., ) ~ ~~~--**~**~~~******~~***~- ~ ,', ~ ~ * ~ i~ .. I~ i~ ',' I ~' ",' Ii.. ?s ~ ~ ~~ j'.' i~ ... /,: i~ '.' ~ * $ ~ I~ )" ~ I: (~ I~ i':' l~ )~ I'.' I !~ i'" J. J~ , !~ ~ ~ ., . . J ,;..rJ '/~; f,,)"J. .p;; , (:;1 :<;t)' -"", rid-' '7/'h,.. /.,::,t/.., ;:t / k <<'/1' ,,~~:'.~k ,:7f 5<e~h . :.' l h 2, INTERFERENCE: Each party shall be free from interferencB, authority and contact by the other, as fully as ii he or she were single and unmarried, I!XC0pt as may be nccc~~ary to carry oul the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other 1 nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3, WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 4, HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, 6, MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimcny and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended, Subject to 2 " the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and di~charge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code, 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which confirms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the Sources of income of both parties, inClUding but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, A. DISTRIBUTION OF REAL ESTATE: 1, MARITAL HOME: The parties own improved real property located at 709 Northwest Street, Carlisle, Cumberland County, Pennsylvania, The parties agree that Wife shall keep said property with Husband conveying all of his right, title and interest in said property. 3 ~ \. 2, OTHER REAL E:STATf:: The parties also own improved real prop0rty located at 204 State Street, West Fairview Township, cumberland County, Pennsylvania, The parties agree that Hushilnd shall keep said property with Wife conveying all of her right, title and interest in said property, B, DISTRIBUTION OF PERSONAL PROPERTY: 1, JEWELRY: The parties agree that Wife shall keep all jewelry purchased for her by Husband during the course of the marriage. 2, fURNITURE: The parties agree that all furniture and appliances in the residence at 709 North West Street, Carlisle, Pennsylvania, shall be kept by Wife, 3, OTHER PROPERTY NOT SPECIFICALLY DIVIDED: The parties hereto have divided between themselves, to their mutual satisfaction, all remaining items of tangible and intangible marital property, Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph, Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, 4 oJ' .. ! j. ~ ~: i' f From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property 'Nhich is in their possession or control pursuant to this Agr0Ament and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage 1 or other instrument of the other pertaining to such disposition of property. . t' (al The 1993 Volkswagen Fox shall become the sole and exclusive property of Wife, 8. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (bl The 1991 Audi, 1969 Volkswagen Beetle, and the 1996 Dodge Da kota Pick-up Trick shall become the sole and exclusive property of Husband, 9, PENSION PLAN: \ , Parties release any interest in the opposite spouse's Pension accumulated during the course of their marriage. 10, ALIMONY: The parties hereby stipulate and agree that based upon the financial circumstances of the parties, non-modifiable alimony shall be paid by Husband to Wife, commencing upon the finalization and Court approval of the divorce and separation agreement, in the amount of $20,000,00, at seven (7) percent simple interest, payable at the rate of $310,00 per month, Husband reserves the right to prepay the balance in full without any prepayment penalties at any time. Upon total payment of the principal, Wife agrees to secure refinancing of the marital property at 709 North West Street in order to remove Husband's name from the mortgage, .':,iX" tf[!: ~';,:';\1< ;"., ,'.". 5 / ... 11, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of thi~ Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, 12, INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns, The parties agree that for 1999 and all subsequent tax years, they shall file individual 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, The parties agree to share equally all refunds from the 1998 federal, state and local tax returns, 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may 6 be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 14, SUBSEQUENT DIVORC~: Husband has filed a no-fault complaint in divorce against Wife, Husband and Wife each agree to sign an affidavit of consent to be filed in said divorce action, The parties further agree that each party will be responsible for their respective attorney's fees, In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which may be incorporated by referenced into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties, It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by ei ther party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement, This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only, 15, BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, A, It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the 7 law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one, B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this AgreemellL, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C, Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way ~Ihatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of their terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation, It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement, 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement, 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the 8 --. result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel, 18, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, 19, DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement, The parties hereto acknowledge that they were aware of their right to pursue discovery, including issuing interrogatories I and with this knowledge, they parties have waived their right to undertake discovery, 9 ~ .... :........ 26, 0GRE:E~lENT B l.!~lJ?..!..N~Q~Uil:)}~S:. This Agreement shall be binding and shall inure benefit of the parties hereto ~nd their respective executors, administrators, successor:;, dnd assigns. to the heirs, IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written, ._/'U~1l1 ;t/rz:/~ Fr ncis M, Socha ttorney for Harold D, Plasterer ~ Harold D, Plasterer ____ (SEAL) ark T, Silliker Attorney for Mary Seth Plasterer --...--'...~._--::' ~_..,._._-- Mary Beth Plasterer (SEAL) 11 .,J. _ j I I I i I I I (") ,",,\ ...... c' ., '" ( ~. . HAROLD D. PLASTERER I Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA ('1lu'" NO, .: c C-),"-J'/ \,./ ~. t.. ,,:") }..:\(.,-\ MARY BETH PLASTERER Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days. 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 import 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, Cumberland County Courthouse, 1 Courthouse Square, 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, Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HAROLD D. PLASTERER, Plaintiff IN TilE COURT OF' COMMON PLEAS CUMBEI<LAND COUNTY PENNSYLVANIA v. NO, I ,I. C \'.i I l' ".;./' I (,...... MARY BETH PLASTERER Defendant CIVIL ACTION - LAW IN DIVOI<CE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is HAROLD D. PLASTEREI<, an adult individual who currently resides at 204 State Street, West Fairview, Cumberland County, Pennsylvania 17025. 2, Defendant is MARY BETH PLASTERER, an adult individual who currently resides at 709 Northwest Street, Carlisle, Cumberland CountYI Pennsylvania 17013. 3, Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at lease six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28, 1995, in Belize, Central America. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Neither the Plaintiff or Defendant is a member of the Armed Services of the United States or any of its Allies, 8, The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 9, Plaintiff avers that there are no children of the parties under the age of eighteen (18). WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in Divorce dissolving the marriage between the parties pursuant to Section 3301(c) of the Divorce Code of 1980, as amended. Respectfully submitted DATE: November 18, 1998 Socha, uire 22 North Second Street Harrisburg, PA 17110 717/233-4141 Attorney for Plaintiff HAROLD D. PLASTERER I IN TilE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. NO. '""'; c:::.el -,-1. ll'l ' , , l,,_),) \\l'... MARY BETH PLASTERER CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Carrie E. Cook, Secretary to Francis M. Socha, Esquire, hereby certify that a true and correct copy of the Divorce Complaint filed in the above-action was served first class mail, certified mail - restricted delivery, to the following: Mary Beth Plasterer 709 Northwest Street Carlisle, PA 17013 (o~:J). Crd~ Carrie E, Cook Date: ,,,', r:." ')1 (:::.., [~ ~; ~ n f,~ . Ii :~: :) , r,1 1, HAROLD D, PLASTERER, Plaintiff IN THE COURT OF COMMON PLEAS CUMIlE:RLAND COUNTY PENNSYLVANIA v, NO. 98-6581 MARY BETH PLASTERER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION OF REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1, I consent to entry of a final Decree of Divorce without notice, 2, I understand that I may lose rights concerning alimonYI division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, 4, I verify that the statements made in this Waiver are true and C0rrect, 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: 5111 jqc; , HA'~bLASTJ:;KJ:;R :-I ri I'. ;:'~ I"~ I .~ v, IN TilE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO, 98-6581 IIAlltll.ll D, I'LAS'I'I':RF.R, plainll rr MAllY 111-:'1'11 I'LAS'I'EHER, Defendant CIVIL ACTION - LAW IN DIVOHCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1 , A Complaint in Divorce under Section 3301 of the Divorce Code was filed on November 19, 1998. 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. 4, 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, I further understand that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request, Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without further notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, c,s. 9 4904, relating to unsworn falsification to authorities, Da te: c!-'('-,>- "-- ~",,--,. ,'C.....I;:...<.... _._~.~"-' Mary Beth Plasterer ~-:'I"!. I ' "", '. r ( ( c . , -- "';;""- 'V IIQ!4X3 . r-o) " ,>- ""\ '" ~ ,~ ::) , . '~ . J "- J ~ .j I.j ~'(t ~ J * ., ~ ~ ., , -.j ;- :t. <J 1 . II:\IWLD D. I'L:\STI:RI:R. l'lai nti IT Rl'sl" In,knl : 1~1I11: ('( WR I. 01 CO~I~I(J~ PLL.\S ('I :~IIII'RI:\\iD ('( II :\iIY. PI\i~SYLV:\~I.\ . . . . \. ~O. (,:iX I S l'l'lX MARY BI:TIIPI.ASTI:RI:IC N/K/A MARY IlETIII:N(j(jRFN. : ('IVIL :\(,1I0~ LA \\. I)el<:ndant/Pclitioner : DIVORCE PETITION FOR CONTEMPT , , , I ~ . I . ., ANI) NOW comes Ihe Petitioner, 1\lary Beth I:nggren. by and Ihrough her ., , , ! 1 ; attorneys, the I.aw Offices ofSilliker and Reinhold. by Kristin R. Reinhold. Esquire, and respeellllily requests Ihis Ilonomble Court lind Ihe Respondent, Ilal'llld D. Plasterer. in eonlempt of the Decree in Di\or~e dated May ~5, 19')9. and in support Ihereof avers the Illllowing: I. The parlies her,'lo arc llll'llleriy husband and wilt:. ~. The Petitioner and Respondent executed a Separation and Property Settlement Agreement on or aboul April ~6. 19')'). which was subsequently incorporated but nol merged into the Decree in Di\oree. A copy of the parties' Separation and Property Settlement Agreemenl.marked I:~hibil ,,"" is atta~hedJ\reto and incorporated herein. / , ., ,,! .'1 .. . , 1. j . .. . " SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, by and be~'''een MARY "W:..:ell, ar.d HAROLD "Husband" . made ~i",.:.s J' { day 0: r, /',... I BETH PLASTERER, ::ere':'na:~er re:erred O. PLASTERER, he=e:~a::er :e:e=~ed , 1999. to as to as WITNESSETH: WHEREAS, H~sbdnd a~d Wife we:e ~awfu::v ma==:ec on September 28, 1995; and WHEREAS, Husband has :.:.led a d.:.vorce complaint :r. the Court of Common Pleas 0: Cumberland County, docketed to 98-6581; and WHEREAS, the part.:.es have separa~ed and new l.:.ve separate and apart from one another, and are des.:.rous of en~ering into an Agreemene which will prov.:.de for suppor~, dis~r.:.bution of the marital property, and will provide for their mutual responsibilities and rights growing out of the marriage and its termination; and WHEREAS, the parties hereto, afeer being properly advised by their respective counsel, Husband, by his attorney, Francis M. Socha, and Wife by her attorney, Mark T, Silliker, have come to the following agreement, NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant I promise and agree as follows: 1, SEI?AR.ll.TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. EXHIBIT j A- ............""=' 2. : N7S?_:::?::~Ir:E: Saer-. ~a=:l sr.d:: ::~ :=e~ :=:~ ::-::-=::~:-e;.c-=, al.:~:-.r:::'':1 and con:act by '::-.~ .::::~:, ~s :'.;1.:'1 as :.: :-.e :: s::e ',Je:-= :j:.:":gl~ and unrnarriec, ~x=e?: as mal' be n~~~ssa:l co carry ou: :~~ p:C'l:s:.~ns c: :his ;"g.=~e~.;r'.:. :-;.::.~':.!"'-;= pd:'t:t s::a:: :-':'lcl~s': :r.e cche: r:.o: attempt co encea,c: to ~ol~st the c:her, ~== ccmpe: the oth~= to cohabit with the c:her, ~o= in anv wav harass 0: mal~=n the echer, nor ~n ar.y way :~:e=iere w::h che.pea;e:u: e:~iste~ce, ~se9d=ate and apart from the ~:her i~ a:: res;ects as :: ~e or she were sir:.gle and \:nmarried, 3. ilIFE' S CE9'!'S: W~=e represents ar.d ~arrants to H~sband that si~ce their separatior., she has not, and in the i~ture she will not, contract or incur any debt or liabili;:y for which ;;\:sband or his es;:ate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands ~ade against him by reason of debts or obligatior.s i~cu=red by her. 4, HUSBiI.ND'S DEBTS: Husband =epresencs and warran~s to W~fe tha: since their separation, he has not, and in the future he will not, contract or incur any debt 0= liability for which Wife or he~ estace might be responsible and shall indemnify and save Wife harmless from any and aU claims or demands made against her by reason of debts or obligations incurred by him, 5, OUTSTANDING JOINT DEBTS: Husband a~d Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. 6. MUTUAL RE1~ASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, es amended, Subject to 2 \l...'~_.:::> : e ;::-;:'/:S:::1S :: ~~:s .;<;:-eemer.:, eac~ ;:a:-:y has :-eleased ar.d c s;:~a:-;ed, 3~d by ~h:s Ag:-eeme:1: does :~:- ~:msel: 0:- he:-sel:, and h s ::- ile:- ile::-s, legal :-e;::-esen:a::''Ies, e:~ac:;:o:-s, admin:.s::-a:o:-s and ass:gns, :-ela33e a~o O:scila:-ge :ile :tile:- :: and ::-om all causes ':: a:::'::1, .:1a::n5, r:.gr.:s ::- ce:nd~ds '..hacsce'ler :n law 0:- eq:;:.ty, wh:.:il e::iler c: cile Fdr::es d'le:- ~a= or now ~as aga:.nst the oChe:-, exce;:t a:1Y ?~ dl: caus~ orcaus~s 0: act:.c~ for d:''1o:-ce ar.d exc~pt :~ a~y 0:- a_: causes 0: a:::or. cor oreach 0: a~y P:-OV1s1ons of tn1s Ag:-eament, E:ac~ ;:a:-~y alsc '..a:.ves h:.s cr her r:.g~t Co request ma:-:.:al counse::ng pursuant to Sec::.:r. 202 0: the Civorce Code. 7, E Ur:A3LE JrS:?r9~TrON 0: MARr:AL ?ROPERTY: :he part:.es have attempted Co distribute their marital p:-operty :.n a manner which confi:-ms :0 the crieeria set forth in Sectior. 40: or tr.e ?enr.syl':ania Di':orce Code, and taking into aCCount the following considerations: the length of the marriage! the age, health, station, amount and sources of income, VOcational skills, employability, estate, liabilities and needs of each of the parties! the contribution of each party to the education, training or increased ea:-ning powe:- 0: the otiler pa:-:y! the opportunity of each party for future acquisitions of capital assets and income! the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits! the contribution or dissipation of each flarty in the acql:isition, preservation, depreCiation or appreciatior. of the marital property, the value of the property set apart to each party! the standard of living of the parties established during the marriage! and the economic circumstances of each party at the t~me the division of property is to become effective, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting mar~tal property. The division of property under this .'<greernent shall be in full satisfaction of all marital r~ghts of the parties, A, DISTRrBUTION 0: REAL ESTATE: 1. MARITAL HOME: The parties own improved real property located at 709 Northwest Street, Carlisle, CUmberland County, Pennsylvania, The parties agree that Wife shall keep said property with Husband Conveying all of his right, title and interest in said property. 3 '-'~'-"' , S~H~R R~A: ES7A7E: 7~~ ~d~~:~S a:sc CW~ :X~::,~~ :~a: ~=Op~:~y l~c~:~o a~ 204 3':3:~ St.=e~t, iJes': :a:':'/':'~'^' :::wr..s~:.?, Cl.:rnb':::~:lr.c ':,:1':~:/' ?e~nsJl'la:".ia. The pd:::~S ag:e':1 :~a~ HL.:scanc sha.ll f.~d? sa:.d pr::p~:"ty 'N'.th iL.f..;: '.;c;,r.'J..:j':':"'i~ a:l .;: :;<::~ :i.';h:., ,:;i:;.~ dr-.J .i.riterest in sa:= prope:cy. 3. D:S':"~!Sr..;:':CN ':: ?ERSON;'.:' ??CPER':':': JEilE:L?, Y: The par:.ies agree that ll:.fe shal.l keep al.l jewelry purchased :0: her by Husba~d during :he co~=se of the ma==:age. 2. FURN!7URE: The parties agree that a:: f~=~iture and appliances in the residence at 709 Nor:;" West St.reet, Ca=~isle, i?ennsyl~lania, shall be kep~ by Wife. 3, OTHER PROPERTY NOT S?ECIFICALLY DIVIDED: The parties here~o have divided between ~hemselves, to their mutual satisfaction, all remaining items of tangible and in~angible mari~al proper~y, Nei~her par~y shall make any claim to any such i~ems of mar:.tal pro;:erty, or of ~he se;:arate personal proper~y of eicher party, which are ~ow in the possession and/or under the con~rol of the o~her. Should it become necessary, the parties each agree to sign, upon reques~, any ~itles or documents necessary to give effect to this paragraph, Property shall be deemed to be in the possession or under the con~rol of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreemen~ and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in ~he possession or control of ~he party, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either par~y may have a vested or con~ingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, 4 ....(\-,..... .. COU~ISE: ~SE3 A~;: EX?E~;5ES: Husbar.c a~d n::~ ~:~~c~:~~g~ and 3g=~~ :ha: :he p=O'l:s~ons of :his Ag=~~me~: p=~~~di~g f== :h~ ~q~:tdo~e disc=ib~:~on of ma:::al c=~ce=:~ o~ :~e oar:ies are fa::, adequate and satisfactory to t:--.~m.~ 5c':~ ?a:t.'ies ag:e~ ':0 accept the provisions set :o:th i~ ':r.is Agreement in lieu c: ar.d i~ fu:l and final settlerner.: and sa:is:ac::~r. c: a:: ~laims and de~ands that eithe= may now 0: herea::e: ~a,e agai~st the cc~e~ :0: ali~cny oendente1::;, co~r.se: :~~S 0: ex:er.ses cr a~y other orovisions for their sU9~ort and ~aintenanc~' be:ore, during a~d after the commencement 0: any proceedings :or di'lorce or annulment between the parties, 12. INCOME TAX RE:URNS: The parties have heret~:ore filed jOint federal and state tax ret~rns. The parties agree that for 1999 and all subsequent tax years, they shall file indi7:dual returns, Both parties agree that i~ 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, :nterest, 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 0: his or her separate income on the aforesaid joint returns. The parties agree to share equally all refunds from the 1998 federal, state and local tax returns, 13, ~AIVERS or CLAIMS AGAINST ESTATES: Except as herein otherwise pro'lided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any juriSdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may 6 be n~~essa:y ~: ad'l~sao:~ and :~::~qu:s~~e~: c: a:: ~~ :a==y :~~: ~::~s: :~~$ ~ut~a_ ~a:'l~= St.,;c:-: :.:--.:~=~S:5, ::;:-:.':s . . . ;j,:-:~ c~a.:..:ns, l4. sr;=SEQfJ::~''!' c,:'r')?r::::: Husbd~d has filed a ~c-:a~:': c:~pla~~~ i~ di'lo:ce agai~st Wife. Husba~d ar.d W::c each ag:e~ tc s:;~ a~ a::~dd'lit cf consent to be filed i~ said d~vQ=ce ac~icn. :~e ~a:::~s f~rthe= agree that each party wi:~ be :espons:b.!.e :0: ~~e;.= :,.;sge-::::"'/e actorr:ey's :ees. In the eve~: 5~ch di'lo:ce ac:~o~ ':"5 cor.cluded, the parties shall be bou~d by all the te:~s 0: ~his Ag=e~~ent which may be incorporated by referenced i~to the Divorce Decree, shall not be merged in such Decree, a~d sha~: nct be modi::.ed, but shall in all respects survive the same and be fur~her blnding and conclusive upon the parties. It ':'5 the :.r.tentior'l. c: the pa:-:ies that the Agreement shall survive any ac::.on for di '/orce T,.rhich may be inst: tuted or prosecuted by either pa:"cy and no o=der, judgment 0:' d.ecree of divo~ce, temporary, final O~ pe=~ar.ent, shall affect or modify the financial terms of this Ag:eemer.t. This Agree~ent may be incorporated in but shall not merge into any such judgment or decree of final divorce, bu~ shall be incorporated for the purposes of enforcemen~ only, 15, BREACH AND EN:ORCEMENT: If either par~y breaches any provision of ~his Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available ~o him or her, and ~he party breaching this Agreemen~ should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this .l\greemen~, A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this !I.greernent is brought in Equity by either party, the other party will make no objection on the alleged gr~und of lack of jurisdic~ion of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to impro;:>erly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the 7 ,..r la',o/, 3.:"'.C .:.:; :eccg:"'..:.t:.':r. .... -;h.~ ;~;.~:,) .;. :~:.:.s~:c~:.~~ o~ ::~::s Equ::y C~~: ag=~~m~nts s~~h dS :~:J ;~~. 3. ~io~w~ths:a~di~g a~yth:~~ :: :~~ ::~:=a:y he:~~:i, H~sba~d and Wife ~ay alsc p:ccedd ~:-;h 3~ !:::;~ ~~ law ~~: =~d=ess ~~ h:s 0: ~er =:g~ts unde: the :e:ms 0: :~::; Ag:~~~e~:, 3~C :~ s~ch ~V~r.~ It is Sgeci!ica~1'l understood a~,~ d;=~ed :ha: fer and in specific considera:i::i:: 0: the othe: ~=:":'s:'~:".s dr.d ~c'lenar.ts of thi.s .:l.g=eement, each shall waiv~ ar.:: ::;!".: :: a J':":'1 t:ial so as :0 e:<pedite ~he hea::..::g d:1C dispcs:.::-::: c: such case and so as to a'lo:.d de:ay, C, Each party furtr.-:r herecy agrees to pay and to save and hold harmless the oche: party :=~m a~: a::d all attorney's fees and costs of litigation that either may sus:a:n, or :.ncur or become liable :or, in ar.y way 'Nr.atsceo/e:, or shall pay t..:pon, or ':':1 conseque:ice of any defa~l: 0: breac~ by :~~ othe~ of any of thei~ terms or p=o.J'isions of chis Ag~eement by reason of 'Nhich either party shall be obl:.ged to reta:.~ or engage counsel to initiate or maintain or defend proceedings asai~st :r.e other a~ law o~ equity or both in any way whatsoever; p=o,ided :hat :he party seeks to recover such attorney's fees, and cos:s 0: litigation must first be successful in whole or :.n part, before there would be any liability for attorney's fees and COSts of l:.tigation, It is the specific agreement and intent of the part:.es that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs end expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement, 17, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the part:.es by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the a """,.."... :~sult o~ a~y ju:ess :: .;~=~~ :~~_~~~':~. :h~ pa::~es 3ckncwledg~ :ha~ ~he~ have bee~ ~~=~:3h~~ ~::~ a:: :~~J:~a:~=~ r~~at~ng :: :he ~ina~c~31 affa::s :~ :~e ;t~~: ~~:;~ ~a3 b8~~ :~q~ested by ~acn of them c: by :h~~: =~sp~c:~':e :~'~~3~_. !. S . EN"!' I R:: .~GREE~!E~J:': This Ag:eeme~: co~:a~~s :he e~:~:e understandi~g of :he parties and there are ~o repres~~:a:::ns, warranties, covenants or undertakings ether than those ex~=ess:y set forth herei~. H~sband and Wife acknowledge ar.d ag=e-e t:-:a: the provisions of this Agreement with respecc :0 the d~5:=ibution and division of marital and separace propercy are fa:r, eq~:cable and sacisfaccory co chern based on the leng:h of cr.ei: marriage and other relevant factors which ha'le been caken :nco ccns:deracion by che parc:es. Boch parcies hereby accepc the pro'lisior.s of th:s Agreement w:th respecc to the division of progerty ir. !'ie'J. 0: and in full and final settlement and sat:sfac:ion cf all cla:ms and demands chat they may now have or hereafter :-tave ac;ai~s-: t.he other for equitable d:.strib1.1tion of ,:hei: ;>:operi:.Y by any cou.::-t of competent jurisdiction pursuant co Section 401(d) 0: the D:vorce Code or any other la'Ns, Husband and Wife eac:J 'loluntarily and intelligently 'l'Iaive and relinquish any r:..,;nt to seek a court ordered determination and disi:.ribut.ien 0: marital property, but nothing herein contained shall constit~ce a waiver by either party of any rights to seek che relief of any court for the purpose of enforcing the provisions of this Ag=eement.. 19. DI SCLOSURE: Husband and W:fe each represenc and warrant to the other chat he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interesc, the sources and amount of the income of such party or every type whatsoever and of all ocher facts relating to the subject matter of this Agreement. The parties hereco acknowledge thac they were aware of their right to pursue discovery, including issuing interrogatories, and with this knowledge, they parties have waived their right to undertake discovery, 9 .' ,....,r - -, r-1Ci:::;-::;..:-: ::; ;..~): Ii.;:"/::;:;: A ~Cj~f::d:::~ := wa:'l~= =f 1~~ -- :~~ 9:;'l:s::~s ~_ :his Ag=eeme~~ s~a:: b~ ~f~~~::~~ :~:~ if md-~~ :~ w::~:~g 1~d ~x~c~t~d w:th :~e same f~:~d:::! as :h:s Ag=~e~e~:. Th~ f1::~=~ =~ e::he: pdr:y :0 :~s:s: ~pc~ s:=::: ~~=:c=~a~ce ~: 3~Y ~: :~~ p=~v:s:~ns of this Ag=~e~en: sr.a:: ~~: ~e ~:~3:=~ed as a ~a:,e= ~~ ~~I $~=sequent defa~l: of :~e sa~e ;: s:~:~a= ~aCU=d. 2: . PR:O? .;GREE:~::~j':-: Zt is u::de:s:-:;cd an-=: ag:eed :ha: a::y and a ~ ~ ;::oper::y settlement a;:eeme~ts ~~i=~ ~aj =r have c~en exec~:ed pr:== :0 the date and time of :~is Ag=ee~ent a=~ null a::d void ar.d of ~o e:fect. 22, n~SCRr?!rVS ~2AJ:NGS: only. rights The descr~~t~7e head~~gs used here~n are for con7enience They shall tale no ef~ect whatsoever in deter~i~ing the or obligations c: :~e pa=:~es. 23. INDEPENDENT S::?;R~.TE COVEN~.~JTS: It is Sgecif:cally ~r.derstood and agreed by and between the parties heretc tha~ each paragraph hereof shall be deemed to be a separate and independer.: covenant and agreement. 24, APPLICABLE LAN: This Agreeme~: shall be construed under the laws of the Commonwealth of Pennsylvania. 25, VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared co be void or invalid in law or otherwise, then only chat term, condition, clause or provision shall be str~cken from this Agreement and in all other respects this Agreemenc shall be valid and continue in full force, effect and operation, 10 ..~ .~."