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HomeMy WebLinkAbout98-07114 4>" '). t <t 'J V)' ':> '> ~ I- 'll ! t ~ , t! - . :\ - - CJ ::r- ~ - c-- . c.... 0- . ~ ~ ',' ~ ',' l ~I .. ~( ~ ~ ~ $ ~ * " ~ \." ~ ~ ~ ~ ,. ~ ~ ~ ~.' * ~ ~ ~ ~J " ~:l :!, ~ ~ ~ ~ ~ * ~ i' ~ i' :.~;. .:Ii:, " " .. .:~;. :(;:. .:e:- <f':' ,~ . '," ", '" .. .....'---~ ,~ ~ \.' )~ I::: \~ OF COMrV10N PLEAS ~ ~ ~ \~ l~ I~ l~ ~~ I~: itt. I,:. \~ ~ )", )$ I', I... I~ I~ t~ ~ ,:, ~~ I' (~ ('.' (:' " \'+ !." \~ )':1 i~ \~ I':' ( .!' !.', (,~ r~ ~ i~ .' . All issues have been ::.-esolved and nettled by the parties'. .r-.1arriage .Settlement Agreement. dated. March. 22, 2000,. filed .of .reco:t:q and * ,~ If; i'.' , ' ..1e: , . '~ .I, ~ ~ I> I f'.: I,ll \O!lnl;II"Y ~ .:..:- ~~ -:.:- .:.:- .:.;. -:.,' <<t':' :.', :,,~ <~> :.;. :.: :+> :.::..: ;.-::#1:::.: .;.: .:.:- ':e> .:+:. .:.;. " ,".' . /~ ,.~"."'-..,'."~, ..~.....,.,-lf','-~ ,.';~'.f'~""""'~~ ":::-~!:"l.'~,'~,,,,:':."-;.....v,,.t';;~-''''-~>''~-::',',~~',, ~,I , ~. .'. ' ~..).,'," .... . .~ ::....., ...,.. **'~**~'~'~**~'*'~"~'~'*'~"~"~"~'~~'*'*'~'~' ;\--- -- --,- - ,,~ --- ~-- - ---".. '" .,' ~ IN THE COURT ~\ ','1 ~I ~l OF CUMBERLAND COUNTY STATE OF 'i' €hr'~ r.~'i~,~~r~):'~,; t /':-"1'i<~.?~.:;r- ~ ....\ . -:~~~~_";''':-; .~i.- - PENNA. STEVEN R, WALTER, plaintiff 1\0.98.7114 CIVILTERM[<) \' 1'1',,11..; CHERYL A, WALTER, Defendant DECREE IN DIVORCE AND NOW, . . . . .ltp~) STEVEN R, zooo -t-9-. , , . . " it is ordered and /3 WALTER . . . . , .. . , . . " plaintiff, . , . ", defendant, decreed that and,.".,.. . .,.................. . CHERYL A, WALTER 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; No issues are outstanding. ~1}c;c;:>rporal,:",c;I. bill,:. (lot. m~rgec;l into. this. pecree.. .,..~ ,// f ,,).,! ''1'' ,) ,. . ..'/ ,,- // ' ',,'Y c.t' ~,- ('?;?" , , ,..!',~;~<.:{~-r' d:; <:2:/ /!;;~/7? / . ",-'/ /,:'./)/} ,/ ~ ,) C-'(:. '-71'~' /c--a-;,~, ,~-/,;~ '~ ?,LL., (:;-~~ ,....%.,.,,~-:: ~ -.._~'C,,~;;.. """:r.'~;I<.l1."~""""-"",,,I'''r-'7''r~;!il~'''' 11", : , . ,- , - .~J;.;.:~',,~i:i- '" ~ '. .-r-,.~;:.;.~-==-;"S.;"'" '".. ;.vr ,.0: . 1o'."'.:ll"""~ _~"_ .:; - " '~ ;.;. ~,;. ',,,,,, C. '''J> ~~... '. ----- "~_i" , .... II \1 II 11 Ii Ii Ii I, :1 !i i, :1 ,. " Ii I' il between: !i 11 " !! y' f' '/ /1 '/ (' ( PROPERIY-.SJ;TTLEMENT AGREEMENT THIS AGREEMENT, made this OIo'>/\C:!.day of ~..t.... , 2000, is by and STEVEN R, WALTER, of 4902 Carlisle Pike, No, 152, Mechanicsburg, Pennsylvania, 17055, party of the first part, hereinafter referred to as "Husband"; and 'Ii Ii CHERYL A. WALTER, of 207 Cockleys Drive, Mechanicsburg, Pennsylvania, 17055, I' I Ii party of the second part, hereinafter referred to as "Wife." " \1 " ii Ii !' 'I WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 3 I January 1987 and are the natural parents of two minor children: Ciara Elyse Walter, born I 24 February 1989, and Sean Patrick Walter, born 18 September 1991 (hereinafter referred to as "children"); and WHEREAS, because of difficulties between the parties and in their marriage, they separated in December of 1998 and, since the date of separation, Wife and the two children have resided in the marital residence at 207 Cockleys Drive; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No, 98-7114 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L, Andes, Esquire, and Husband by Diane Radcliff, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and .,". ,. . .":.'..' \",,,.'t:r:'h:"_,,;-,-:~~~~~~..~,,._'.~'n.'~'!'",~~~-~,..~~: '."~~': ,:t'"......\".'~~"'>'_ <^'" '\.", '''''.-' d.. . ~ ~-'---"--"-".'-"" . .~ t ,-, ..' responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1, CUSTODY, The parties will share legal custody of their minor children and agree to cooperate with each other to exchange information and to make joint decisions regarding the education, healthcare, and religious training of the children, Wife shall have primary physical custody of the children, subject to such periods of temporary custody as the parties may mutually agree or, if necessary, as a court of plOper jurisdiction may determine at any time in the future, 2, CHILD SUPPORT, Husband and Wife are parties to a support action filed to No. 404 Support Action 1999 (PACSES No, 841101095) before the Court of Common Pleas of Cumberland County, Pennsylvania, by which Husband is currently obligated to pay child support to Wife in the amount of $1,086.48 per month, The parties agree to abide by the terms of that order, as it may be modified or amended in the future or as it may be replaced by any subsequent order of any court of appropriate jurisdiction with regard to the financial support of their children now and in the future, including the obligations of the parties to provide healthcare insurance for the benefit of the children and to contribute to the unreimbursed medical or dental expenses of the children presently and in the future. 3, C.OLLEGilXPENSES FOR CHILDREN, The parties recognize that their children will wish to pursue formal education beyond high school and the parties agree to make a reasonable contribution to the expense of that education, They acknowledge that Wife has ;,' .. ~ . \' " .',,' ",'"" "e. _,""Y '::,";:.m'''''';'' ~~,\",;:~",\~.~"~.,yJO-",,,, ...,....:'_7~J.. ~,II.....-'\.\,. ~..._"" . ,..~.." , . " ~. I , , .'.. '. " . ,".,' , ~', '. . , " ," ,.., '. ~ ~ ... opened accounts within the Pennsylvania Tuition Assistance Program for each child and they agree to continue those accounts as follows: A, Wife will maintain the account for the parties' daughter, Ciara, and will purchase two units per month for Ciara's account, commencing with the first month following the date of this agreement and continuing until Ciara's graduation from high school. B, Husband will maintain the account for the parties' son, Sean, and will purchase two units per month for Sean's account, commencing with the first month following the date of this agreement and continuing until Sean's graduation from high school. The parties acknowledge that the current cost of two units is approximately $48,00, The parties further acknowledge that the cost of such units may fluctuate or change in the future. Regardless of any change in the cost of such units in the future, and regardless of any promises, representations, or statements made by the children in the future regarding their college education plans or the costs of those plans, the parties mutually agree that each of them will continue to make the contributions to the Tuition Assistance Program accounts for the children set out in this paragraph unless and until the parties mutually agree, in writing, to change their obligations to make such contributions. The parties further agree that, in the event that the children do not attend college, the funds or assets in the Tuition Assistance Program account held for each of the children will be transferred to them when the children attain the age of 23 years, 4, \NSURANCe..EQR BENEFIT OF CHILDREN, The parties acknowledge that they currently own a policy of life insurance issued by the Erie Insurance Company, The parties agree that they shall cancel and terminate that policy and divide equally between them any cash they receive as a result of such termination, The parties further agree that they shall provide insurance on each of their lives, for the benefit of the children, as follows: . .'"'' ,'. '/' , , : ' ~. _ iJ:' .:;r> r~"'. ,_......~,"'''''';,~4i'~r4.;''''......~~:;;,:r ~ ~ - , . , ",,' .' ',," " .~_'Io-;'~"'~~~ . ,'~'" I ", ..1'" .~. ..... "". .. ' -"-,'-.., .-.,-..,--, , -c -..-c--.. .. A, Husband obtain and maintain insurance on his life paying a death benefit of at least $100,000,00 and name the parties' children as the sole and exclusive beneficiaries of such policy, Further, Husband agrees that he shall pay all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the children as the sole and exclusive beneficiaries, until the children attain the age of twenty-three (23) years, Further, Husband agrees that he shall provide proof to Wife, at least annually, of the continuation of such insurance in compliance with this paragraph, B, Wife shall obtain and maintain insurance on her life paying a death benefit of at least $100,000,00 and name the parties' children as the sole and exclusive beneficiaries of such policy, Further, Wife agrees that she shall pay all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the children as the sole and exclusive beneficiaries, until the children attain the age of twenty-three (23) years, Further, Wife agrees that she shall provide proof to Husband, at least annually, of the continuation of such insurance in compliance with this .' : ...', !,I,~:~p(, .'h/i "."',tr.....J_'.,~,-~~'..."''':!.~,~-~" ,fii:.~,:,;;,!,;...lt*.;I...7"""''!'tt"'f~~i..~ ~:t'~, ;.;j~, ,.~.~"...:~ "'~,1" ~,l, ~' .:', ._ ....~ , ,'" . ". paragraph, 5, RESIDENCE, The parties hereto mutually covenant and agree that the real estate they own jointly, as tenants by the entireties, and being known and numbered as 207 Cockleys Drive in Mechanicsburg, Pennsylvania, shall be sold for the highest obtainable fair market price therefor. To accomplish such sale, the parties hereto represent that they have listed such real estate for sale with a realtor they have mutually selected, and that they will, each of them, cooperate with said realtor and any other person showing or viewing said property, to effectuate the prompt sale of the property for the highest reasonably obtainable sale price, With regard to such sale, the parties further agree as follows: " ;-,....,~'" A, The parties will share equally the cost, f any repairs or maintenance reasonably required to prepare the house for sale or to complete settlement of such a sale, Wife will be responsible to identify any work that needs to be done and to provide a list of such items and a reasonable estimate of the cost of such items to Husband, In the event that the parties cannot mutually agree upon which items must be done, they agree they shall accept the advice of their real estate agent and make whatever repairs the real estate agent recommends to both of them for the orderly and timely sale of the house, B, The parties agree that the proceeds of the sale of said real estate, after the payment of the expenses of said sale, to include a reasonable realtor's commission, shall be applied to pay the mortgage on the property and to pay any and all other liens or encumbrances of record so as to give and deliver a good and marketable title at the time of settlement. The net proceeds of sale of such settlement after the payment of the expenses of the sale and of all liens and encumbrances on said property, and after reimbursing the parties for any money they have advanced to make repairs pursuant to sub- paragraph A hereof. shall be divided equally between the parties. 6, RETIREMENT ACCOUNTS, The parties acknowledge that Wife is, and has been for several years, employed by the Holy Spirit Hospital where she participates in a pension or retirement plan and also has a tax,deferred savings account, The parties acknowledge that Husband is a supervisor for Herman-Stewart Construction and that, prior to that employment, held similar positions with other construction companies during the marriage and that, as a result of such employment, has various retirement benefits, 401 (k) plans, and other tax,deferred assets, The parties acknowledge that they are generally aware of the retirement assets held or available to each of them and that they have previously disclosed information about those assets, Being aware of the assets, and of their right to s . ' , :,'.,' .",:. ," . . -" .' .",. , ~':. . ':' , .' ." ", ~ ,: .: : .,'- " ' ' ",', " . .' , ,~ " .' " " . .4 " compel further disclosure of those assets and their values, the parties hereto express their desire to retain each of their retirement assets in their own names and waive any claim to '," '.:. "~~"'J' ~.,': '":. l-~"f':"':.::~::"''r-"",~:,,-,~~~-,~\;, f-, ~f'" , :'::.'~ <"',' ".',"'; '. ",,1,"_ ...", . . " 't, \ c"'+.,", the retirement assets held by or for the benefit of the other party, Accordingly, each of the parties does hereby waive, release, and relinquish any and all claim to retirement, pension, 401 (k) plan, tax-deferred savings plan, and other tax-deferred accounts or assets owned by, held in the name of, or held for the benefit of the other party, 7, MOTOR VEHICLES, The parties acknowledge that Wife operates a 1997 Ford Explorer which she leases in her name alone and that Husband operates a 1997 Ford F-1 50 pickup truck which he leases in his name alone, Each of the parties, being aware of the existence and approximate value of the motor vehicle being leased by the other party, does hereby waive, release, and relinquish any claim to or interest in the motor vehicle owned, operated, or leased by the other party or any right arising out of such lease arrangements or the ownership of such vehicle by the other party, Each of the parties hereby agrees to pay and satisfy, in accordance with its terms, the lease or other financial obligation which encumbers the title to the vehicle they now possess and operate and to, further, indemnify and save the other harmless from any loss, cost or expense caused to the other party by their failure to pay and satisfy such obligations in accordance with their terms, 8, MARITAL DEBTS, The parties acknowledge that, during the marriage, they incurred various marital debts and obligations beyond the mortgage and other debts associated with the residence at 207 Cockleys Drive, With regard to those debts and obligations, the parties hereby agree as follows: A, Wife shall pay and satisfy, in accordance with the terms of such debts and the documents which create them, the following marital obligations: 1, Parenting Visa (Account No, 4356 237001520774) with an approximate balance at this time of $3,500,00; and 2, BankAmericard account with an approximate balance at this time of $4,400,00; and ( 3, Drivers Edge Visa (Account No, 4128 0039 5172 9675) with an approximate balance at this time of $3,800,00; and 4, PNC Visa (Account No, 4270 0417 1101 1493) with an approximate balance at this time of $5,000,00, B, Husband shall pay and satisfy, in accordance with the terms of such debts and the documents which create them, the following marital obligations: 1. First Union Visa (Account No, 4340 5820 10687430) with an approximate balance at this time of $10,600,00; and 2, Capital One MasterCard (Account No, 4305 7214 74606424) with an approximate balance at this time of $6,300,00; and 3, Citibank Credit Card (Account No, 4128 0036 4711 8845) with an approximate balance at this time of $2,000,00; and 4, PNC Credit Card (Account No, 54470326 1500 7062) with an approximate balance at this time of $1,000,00, Each of the parties shall pay and satisfy such obligations in strict accordance with the terms 01 the debts and the documents which created those debts and shall further indemnify and save the other harmless from any cost, loss, or expense caused to the other party by their failure to do so, The parties represent that, except for the debts and obligations set out in this paragraph, and the mortgage or other liens against the marital residence at 207 Cockleys Drive, there are no debts created by either of the parties during the marriage, and there are no debts created by either of the parties after their separation, on which the other party would have any obligation or liability, Further, the parties both represent to the other that neither 01 them have, since the date of separation, created any "' .--/~ "";, ~ '::,....., " '., _ " ..",~,.:< ,"".M.,r'\>.....I...J.""I".~.<<"., .~"._i...~. _"'":''t~_."....,.- ",r,1~'~""'~'\~' . 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" ~ . debt in the name of the other or for which the other would be liable and the parties promise that neither of them shall create, or tolerate the creation of. any debt at any time in the future which will create liability for the other party, 9, PERSONAL PROPERTY, The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 10, WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so, Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties, 11, WAIVER.QEJ:_OJ.!ITABLE DISTRIa..!.Lll.QN, The parties acknowledge th'3t each of them have had a full and ample opportunity to consult with counsel of their choice 8 , ,"., ':' '_', ',' . .,.,.. ,,' ',~.~~'I.';"~.'~'\~C''''-:'''~:'<'''"~'':':'''''''''-'''':''''I'''''--:~A~~~",,,,_~,:,.,/".,,.~.t"'='~';t~,~~'~',._,": ',..,.,". ". :.,......~, ..,' ....", ~ .I " " Ii Ii Ii \! 1\ ii regarding their claims arising out 01 the marriage and divorce and that they have specifically !, ii reviewed their rights to the equitable distribution of marital property, including rights of il discovery, the right to compel a filing of an Inventory and Appraisement, and the right to 1\ h'" tho "",, ,,,i.w tho ",," ood ",im, of tho p,"i.. "d ,,,id. th.m " p'" of th. \! divorce action, Being aware of those rights, and being aware of the marital property " Ii owned by each of the parties, the parties hereto, in consideration of the other terms and !\ provisions of this agreement, do hereby waive, release and quitclaim any further right to \\ I\! have a court or any other tribunal equitably distribute or divide their marital property and do I, hereby further waive, release and quitclaim any and all claim against or interest in assets " ':\ now currently in the possession or held in the name of the other, it being their intention to Ii accept the terms and provisions of this agreement in full satisfaction of all of their claims to I ii, the marital property of the parties and the equitable distribution of the same, " Ii \\ i 2, WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS, Except as herein I' 1\ otherwise provided, each party hereto may dispose of his or her property in any way, and " " each party hereby expressly waives and relinquishes any and all rights he or she may now I' H have or hereafter acquire, under the present or future laws of any jurisdiction, to share in i :! the property or the estate of the other as a result of the marital relationship, including, i without limitation, the right to equitable division of marital property, alimony, alimony " I: pendente lite, and counsel fees, except as provided for otherwise in this Agreement, 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, and each 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. 13, WAIVEB-OF EST~~' Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her <J , . ~: I.,. ., ,,-:. .~' '_~'>4i"~~,,,,~_,.,i'~:h~ ~~:;:I;;:'7~~'~'~""~~\'~''':.'1'''-;'-'''''~''''''':'''~:,: '...... ~.,..: ,-. 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" heirs, executors, administrators, or assigns, does 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 of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, i omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 14, DISCLOSURE, Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so, Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action, Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances, 15, CONCL!lSION OF DJVQRCE, The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto, Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (cl of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree, Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they 10 ~ . . l....,t':-bMJ - :1- :'" ~. ....~: ~-:~ :,-':""~ -, ~,"~:"',':'?'"~l>. ,-::;t.;.--:;n;\,{~;M'""~",r.~"'''''- . ":: ~.' ........ -r-.....,. '.', " '" may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like, 16, RELEASE, The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby, Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate I either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed, 17, ,BREACH, In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights, In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder, 11 ~--,-.t~:o.. ~~ 'r." . .' '. tl :; , , , -: <', ii f .1 I I I , t' " . '. ,~' ,"' r,';;~' .;-"H~~"'r.':"..''''"~''''',':-'':~~'':''~'~'"':;~'~''''''~~7:T:""':~:''If'i'.t~~~~I;':'in~.';:~"~'~'"'..,....~.,^" ':.,"",~. _'." ", . ::-. . ,. ' , ii " Ii i'i Ii " Ii ',' 18, CHOICE OF LAW, This Agreement shall be interpreted, applied and enforced :1 in accordance with the laws of. and by the courts 01, the Commonwealth 01 Pennsylvania, ': 19, SEVERABILITY, II lor any reason whatsoever any part of this Agreement sh[lll .' I: il be declared void or invalid, only such part shall be deemed void and in [III other respects " :1 this Agreement shall remain valid and lully enforce[lble, 20, NON-WAIVER, The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. Ii IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, ~f?!:JJJw ( I j!,CU '.\' II U}, "fI'-\ CHERyL A, WALTER r .~ .. .~ ~.l ~ ' . . .' , '.' p'.....:' - "":.' '~"-"~:'~~'---;~~i'~;"'~--:C--~,~~:-ij. ~'':.~<. . ';- ~~ ,_.'. .t....,:.",' "f '. " \~~y_~,~~L \i'V1fn ess C"; ~i\ ~~--', --: If:> Witness " L. ':::::l~ , ;", 1.. .,'. ^ ._ - '" '.." - t ,..,..~". . , , \)11 COMMONWEALTH OF PENN51'l V AN 11'\ COUNTY OF CUMBERl4,ND r-C't.L~ On this, the 2-~1 day of MCUJ.L , 2000, before me, the undersigned officer, personally appeared STEVEN R, W ALTER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained, 55,: IN WITNESS WHEREOF, I hereunto set my handnm~official seal. ()L/LO-!v( l,_ c~ My Commission Expires: .SAY ~ Wm3 ApliI30. 2001 COMMONWEALTH OF PENNSYLVANIA ) ( 55,: COUNTY OF CUMBERLAND ) On this, the b ~ day of f\J\(AA( h , 2000, before me, the undersigned officer, personally appeared CHERYL A, WALTER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1'1-11," EJ:",,~/a My Commission Expires: JVOfil- ' I',. .: ,~: ;(,'r.~~/~r:I;l;'7-,L - -.~!:.4'i ... ,J;" ... ""\10.; ; !J ,~~ry p, '~.J '_ x..,. I., i .,',- L. ~"!I- '/o./'L~ .'J, _ ',J 1..',:" ... '....iJ',i . '. "~:O()~ 1', ~~ -:'.._~. . . . .' .,';, :-.. . ,.'~'. '-...-.~;"T"---~ :,~_."~"'\;;'-"-;"-;--. .~ .-,'. .'1;" ~ '. ,A, '-. ..~ ,,- ':,. , "t.... .' , . ".,~,~o:,':iJ~.~ (.:', .' ,;, 'r.....' '" , -:r, .,. )0.,: <' ,.. " ". . _...'.:., ' ".,." ::"" :.' :""" 1 ':...., ~.t. ,;. \'-, ' . .:,..:..,' " , ~-r-, A ~ ~ . "'- ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN R, WALTER, PIa inti ff NO, 98-7114 CIVIL TERM V, CIVJ r.. ACTION - LA\'I IN DIVORCE CHERY r.. L, \,)T\L:nm, D"[l'l1clallt PPAJ.:CIPE OF 'l'RNISI~I'I' 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 330I(c) of the Divorce Code, 2. of filing and manner of service Date of filing of Complaint: Manner of service of Complaint: Date of Service of Complaint: of the complaint: 12/16/98 Certified Mail, Restricted December 24, 1998 Delivery Date a, b, c, 3. Date of execution the Divorce Code: a, Plaintiff: b, Defendant: of the affidavit of consent required by section 3301 (c) of March 22, 2000 March 8, 2000 QR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a, Date of execution: b, Date of filing: c, Date of service: n/a n/a n/a 4. Related claims pending: No issues are pending, All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated March 22, 2000 which Agreement is to be incorporated into but not merged with the Divorce Decree, 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached. if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code: a, Date of Service: n/a b, Manner of Service: n/a Date Waiver of Prothonotary: a, Plaintiff's b, Defendant's Notice OR in Section was filed with the Divorce 3301(c) 4/3/00 '1/3/00 Waiver: \-Iaiver: r \ DU']JE~~/. 'CLIFf, ESQUIRE 3 .;t1 Trindlf Head Ca, ....., Pl, 17011 Supreme Court ID # 32112 Pholle': (71'7) 737- 0100 '. :~"",.,' . - ~,.;..-,~: ,"., ..~. ","on,ri., .:\ ,', .' . ' '. J ,- ". -','. ":. .',', - ~_r-/~~~... ,..;... DIANE G. RADelllT 3448 TRINDeE ROAD CAMP Hill, PA 17011 17171737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN 1'1., ~iALTER, plaint i ff v. NO, '(I- 71/'" ,. ,[; I, . ~ L--<.t".t.A..oZ.u..- CHERYL A, WALTER, Defendant CIVIL ACTION - LAW DIVORCE COMELAINT AND NOW, this ~~ay of December, 1998, comes the Plaintiff, STEVEN R, WALTER, by attorney, DIANE G, RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: CQUNT I: DIVORCE 1, The Plaintiff is STEVEN R, WALTER, an adult individual residing at 19528 Crystal Rock Road, Apt. 22, Germantown, MD 20873. 2, The Defendant is CHERYL A. WALTER, an adult individual residing at 207 Cockleys Drive, Mechanicsburg, PA 17055. 3, Defendant has been a bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 3, 1987 at Hummelstown, Dauphin County, PA, 5. There have been no prior actions of 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 - 2- _ ' . 'j, . e' ,- . ," ~ -~..:. . -." ~; 'I' . ,- ~ ',~,'" ;'~':' . ..', ,.' , , I.." participate in counseling, 7, The Defendant is not a member of the Armed Services of the united States or any of its Allies, 8. The plaintiff avers that the grounds on which the action is based are: a, That the marriage is irretrievably broken; Or in the alternative, b, That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken, WHEREFORE, plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the plaintiff and Defendant. C,QlJNT II: EOUITAB.LE-D.ISTRIBUTION 9, paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. plaintiff ilnd Defendant have acquired property and debts, both real and personal, during their marriage from January 3, 1987 until the date of separation, all of which are "marital property" or "marital debts". 11, plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which DIANE G. RADCLIff 3448 TRINDl [ HOAD CAMP HilL. PA '7011 {7171737,0100 - 3 - .-,-!~ . . I ......: . .' .,",' " " . . ',' \ . . . ' : ,J '.' ,:," '. .: ' . _,.' ~ . I : ;r, '. .' ' . ;; ~'r .- - . I, . ..... ,. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 17171 737.0100 VERIFICATION STEVEN R, WALTER verifies that the statements made in this Complaint are true and correct, STEVEN R, WALTER understands that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authoritie;3, , (/-). \(_ i)}uY7 7) /)/ ;JJJ0 1ST VEN R. WALTE - 5 - . " . ,: . ",', \' , :.''',,' ,; '" t: ,',;, ,I'., " '.. \,", _",'. - , .. .'1, . ,~ ~. i. :':(;~11 ALE/x)FFICE,;'.;:;,;;;.~,,~;?~;\:}tri~i:[t OF mE PROTHONOTARy>,,:'\'I:'.:)V:)i " ", ":',';.i,!:}!:';'~I':i'Yt::;:i:( DEe , 6 Pu 2' 58"'"'' ,..,...' "/'~,,',j" 98 " , 11 '. '" "', 1"'\,' "I';;"""; " I ,l\\\..,.',,~. '\~Ii.~'~~, . .' ;.. , .,' " """'>""".':!"_'-"'~'::::,f',,~';;'/:::::i!\;'l~;;'1;~:~':;,~:~'i.~ . CUlvltiERIJND COI)NTY ":, ;,; ,'..:;;',j/,')\ PENNSYLVANIA . ,"'. \" "", . . ' ,'., ,....,;::",:':"i:~~;";~\:;J};~~~~~ 175:6'0 cd. 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'" '.' ',', DIANE G. RADcLIFF ATroRNEY AT LAw '"8 Trlndle Iload Camp Hill, PA 17011 .,~. 4 1 -. ," "~~" '. ~ ,- . '. '," 'I , '. - ... - " ,; '~.- -... ~. .,' .J - I.'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN R. WALTER, Plaintiff NO. 98-7114 CIVIL ACTION - LAW IN DIVORCE V. CHERYL A. WALTER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on December 16, 1998 and served upon the Defendant on December 24, 1998 by Certified Mail, Restricted Delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 1 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. Dated: 3b ~ ).00._ \ /)l(Ll0LJ1va~ YB~EN R. WiLTER --.......~ t i ~,i \ . ; \ , j r ~ \ . '. " ' !, '';''_~-'.'''''c ,.,~,... ,\"'- ~-~~:,:,', _,' .' "'" _"~""" " ,,', ,:--:-:', . .,'" ~,-., ". IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA STEVEN R, WALTER, Plaintiff NO, 98-7114 V, CHERYL A, WALTER, Defendant CIVIL ACTION . LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on December 16, 1998 and served upon the Defendant on December 24, 1998 by Certified ~lail, Restricted Delivery, . 2, The marriage of Plainti if and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit a'-~ 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, "I J [)ated:_~J:E: ()Q~ C kLu j,C /l [( !Or{-L" 1... CHE:'j~YLA~ALTE:R -- ~ --~~ " __,_..__,_,._~~,.,"_.~._,_._ .....r.-.,~......x: ,.~ .....- '" '. ,_ ", 'T\,'").._"'~-,.\"-"F~I'_";--:-'7':"""~:-..--''-' ',. , .,,_ "-. ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN R, WALTER, Plaintiff NO, 98-7114 CIVIL ACTION - LAW IN DIVORCE V. CHERYL A. WALTER, Defendant WAIVER QF NOT~~ OF INTENTION TO REOUEST SE~~f.S~ ~~O grvg~C~H~Efi~~~R~~~DE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. Dat.ed: :,b~\DO . . i) \ /flJ~/Y1 ~ vJ~ ~~N R. W LTER - ~...':.'-'~ -.':,..... " , " __ ~~~ ; '~~. _, . \:-l~,. ,.... -.~'~.~" .-,.:~........, ~:;-::-,~,"! ~.'~-,.~ .~, .......-",~ \ -~' ,": ~-~">; : _' .' ,,,", ,""', '. " '. IN THE COURT OF Cm1MON PLEAS OF CUMBERLAND COlmTY, PENNSYLVANIA STEVEN R, \'lAL TER, plaintiff NO, 98-7114 CIVIL ACTION ' LAW IN DIVORCE V, CHERYL A, WALTER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ~NTRY OF A DIVORCE DECREE UNDER SECT~ON j3U~{C) O~' THE UIVORCE CODE 1, I consent to the entry of a final decree in divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that t,he statements made in this ~'~lli.~,tCr are true and correct, 1 understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities, Dated:-.J/~ /00 I I II ' ., \ "d\U~JLLUJ(Ll.a-",- CHERYL A.J WALTER , , - " , ' '~', - -)-,'. . ':": . :-.1', '''-..' - -, ,<' '.': _, :). ~. ' , ,'.... ~ ,." '; , '. .' '. _ "; _' , .-'-t~~...~. .... ;'.' ',;..,':", .,.y.::; ,~.;::')'::;(ti " } ~;:- """.-" ;:~ 'f- ;0' ~, '. ".;," '...' ... . . r.A W OJ:FWE DIANE G. RADCLIFF ATToRNEY AT LAw S443 Trindlc Road Camp Hill, PA 17011 .... WE' DO HIIl:RED'/ CERT,F'Y THAT 'rHI.. J8 'A TRUE AND CORRECTCOpty 0" """THE ORIOINAL FILED OPO RECORD. . DIANa: a. RADCJ..',.... ~i..~;m~~. '~~i~,{1-;,~f~i~.itfJl.~~~!~}~.t~riiti~(,~XS?~li~!tf:1)4{~%\\"!!;TI~~0;,-?~~~f,,!~1~~~~,~: '''~',<~.,.fq~".... . .... .." .,.." ^ BY " \)' " , ( " . ~- , . ..', - :. .~" ~, "I,'" I. ~". ," .-........ ; .,r-f~~.;..:;L _ " .,,;' .y.\ , , 1)1'" I, l1"dl( 1 il j t.~.." Ild'l Ii I I,~ j \1 \ ",\\\1' !Iii I ,j',\ 1"'11] i \ ~ 1 -'1 - . - I; jllll . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN R, WALTER, Plaintiff v, NO, 98 -7114 CIVIL ACTION - LAW DIVORCE ! . " ".' . _ , , " : , ,~ . I I,', r~. ~ ht'~ :_.- ,'_~' ~. '.~' " , . .' ' '. ,...., ~ ' CHERYL A, WALTER, Defendant CER'1'IETCAT~~.E.-.S~RY..I,CE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Cheryl A, Walter, by Certified Mail, Restricted Delivery on December 24, 1998, The return receipt is attached hereto as Exhibit "AU and made a part hereof, Respectfully submitted, .c'_~'..... C1 '<~) ~ / ~Df&Et,~RADC~~'-F--,---ES-QUf'!m-/-- C-],r:rB-'l'l"1ndle Road '\ ',.(:amp Hi).l, PAL 7011 Phorlc':" (717) 737.0100 Fax: (717) 975-0695 Supreme Court TD H 32112 Attorney for Plaintiff . "IJ:i"l;...".iii:- - - ~.~ IH.\Si:l; H..\ll( '1111 .:q~" lIUSl>1 r l\(li\]) CAMI'IlIlLI':\ ]':01] 1'1I0SI:(717If.,-"U!i)!I FAX (7\ ~l "7~-(l(,'n II> II ~:'! I:' <;; SENDER: 'tI _Complete items 1 antWor 2 lor additional services. en _Complete lIoms 3, 48. and 4b. :\ .Prim your name end eddr..' "".th' revers. ollhi. lorm '0 th.t w. con ,.Ium thi. ~ C8ld :0 r~~- . ' ~ _Attach this torm 101M lronl ollho tnlIilpiece. or on the back II space does n'" ! pormit, " G) _Write"Rerum Recoipl Requss1odO on the mailpiOce below tile al1icls nurnbOr. oS .The Return Receipt will show to whOm the srtido was delivered and Ihe date c delivered. o -g ;; 1 .t < . I also wish to recolvD U10 lollowing s",vlces (lor en extra lee): 1. 0 AddresSOe'. Address l 2, 0 Restricted Delivery :J. Consult postmasler for lue, !! r I -~ 4b,S MceType . ~ ~ o Registerod ~ce lied a: o Express Mall 0 Insu od ,i o Relum ReceiptlO! M.rch3nre.. 0 COO ~ t 7, De'o 01 D.llvery - ~ /2' z " ~ B. Addres500'S Address (Only" roquosted ~ Bnd lee is p.id) ~ 48, , -, . . , . " - ,\"'" ",:...-..; ~ ~- '. ~. ,:- - " ~ ~- .~ ~:H".. ". ,-_'; , .. 0' ",' . '~.0~ ~ QA 5, R.celved By: (Prinr Name) ~ ~ o >- .!: , (Addressee Oftenl) r ~ ' I, . I ' I ! I ~,I I I , I '-J L..\.:."'~'-" 1, D9Comb.r 1994 " Domestic Return RBcelpt !;::':1:1j-"- ";<," ~~ , . 1lC._.._ SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa,C,S,A, SECTION 4304,1() (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS, PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE, DATE April 3, 2000 DOCKET NUMBER 98-7114 PLAINTIFF'S NAME Steven R, \~al ter PLAINTIFF'S SS # 203-48-8835 DEFENDANT'S NAME Cheryl A, Walter DEFENDANT'S SS# 178.46-1854 Respectfully submitted, ',,' ' _", '~~"'. ". .:,r,:,n'i, ,"-' :",~, 0 '.. ,"_,.~.~~\"r"'-:'~ :,;,:~-",,_-'.., , ," .....',.- r. .._~. -