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HomeMy WebLinkAbout00-08373 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DEBRA WITMER Plaintiff No. 2000-8373 VERSUS GARY WITMER Defendant DECREE IN DIVORCE AND NOW, /V1 a-.. ~ "7-" 2001 IT IS ORDERED AND , , DECREED THAT DEBRA WITMER , PLAINTIFF, AND GARY WITMER , 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; , ,~,....,'-~- . . . . . . . . . . . . . . . . . . . . . . . . . . :1,.',' '; , I !~ .1 '1: "~, ~il' ,;;. I~I ! :il ::~I '11 JI :'j' 'il 'l' ~I ij! ~) :{l 1JJ ~'11 1[;'1' '1'1 :r \1 ~< --'~ ,e, ,,', i -,. . ,~ ~""",-. ~ -~-~- '1 ,,<- . .~, r'-- ~ ~~~ .- J. 7-o( J')-Of (!U/~~' ~ ~ ~~~~'~ t~~1a(f'~) , ,..,. ,- '," ____.,~i;!1,!;lI'~I~ffl'~M'lt~~~'V-! '. JlIL""T",!IIJil "_,'~> _ "'" _ i~,," "'(-,""""".,-'", .r . ",..!II~-, '!r-~,~!r,w,,- ,""""""..=~, oil""', '''''_', . DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION NO. 2000-8373 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: a. Ground for divorce: Irretrievable breakdown under ~ 3301(c) of the Divorce Code. b. Date and manner of service of the Complaint: December 09, 2000, by United States Certified Mail, Restricted Delivery. c. Date of execution of the by ~ 3301(c) of the Divorce Code: 2001; by Defendant March 01 Affidavit of By Plaintiff , 2001. Consent required March 01 d. Related claims pending: NONE. e. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce filed with the Prothonotary: March 02 , 2001. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce filed with the Prothonotary: March 02 , 2001. Respectfully submitted, DISSINGER & DISSINGER ) ! Date: Ii K en L. Koenl erg, E Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 cc: Gary L.Witmer ~.Jgi\i!*~il!im~@!,l,'fO~ili~k.ji\ljjl~~4''''fi-#'~''''i'J'i.&~N';';;';iT'd ,,'~,;..' ~';:I"',,,::,,', ~'-~"jj'i1Jtri,';1\:;i"ffl~j~~ltd(;;~;~ll!ll!W!#l~.~~~~!i~tlii ....jllililNi~l\f1L_n:;1J(nll1il.&1 -. r ~- . ~ . ~,.,," - '. " "" - ,,,,,'-~' -~,~, =" ~ , .", <~ j -". , ~ ^,-, '"----~-, - - I -_< "'-,<, , . .~~_~~~~ .---,'~~ . .8, __~,_, 0 C") ,- ::~ ^- ----;:1 ",i-.~ '., [Ti ~.' -;,:j Z L~ [ c:~ 1''' ,} r-' C'. '-.--- ~~ s:;: ~,,- '~---' / C '-.---' /.:': - ,,) 5~~ ~ / r..;, -"'i::! -'. ,ll ~ ~--~ ,,~ ___"_~~~ =00 J ". 1'1 . . . AGREEMENT PJlu?ch AGREEMENT made this L day of ~_L ~, 2001, by and between Gary Witmer ("Husband"), of 351 Fulton street, Enola, Cumberland County, Pennsylvania and Debra Witmer ("Wife") of 351 Fulton street, Enola, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on the fourth day of January in 1969. There were born two (2) children of this marriage, said children being: Gary Witmer, Jr., age 31, and Wendy Fisher, age 27. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since November 30, 2000. A proceeding for the divorce of the parties has been filed by the attorney for the Plaintiff, Karen L. Koenigsberg, Esquire in the I Court of Common Pleas of Cumberland County on December 01, 2000, Docketed to No. 2000-8373. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and '.-~. , sUfficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT CONTINGENT ON CONSENT AND DIVORCE Wife filed a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of the Commonwealth of Pennsylvania, and this Agreement is contingent upon the parties proceeding with said divorce, and the parties filing Affidavits of Consent and Waivers Of Notice Of Intention To Request Entry Of The Divorce Decree thereto, upon the expiration of the waiting period of ninety (90) days. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife (Plaintiff), who will immediately file a Praecipe To Transmit Record and Vital Statistics form to precipitate the prompt entry of the Decree In Divorce. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each party of: a. All of the respective property and property rights of the parties, b. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any -2- final divorce decree which may be entered with respect to them. 4 . AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 5 . DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. FINANCIAL DISCLOSURE , The parties confirm that each has relied on the substantial " , accuracy of the financial disclosure of the other, attached as Schedule A, as an inducement to the execution of this Agreement. -3- . !~- The provisions of the Agreement and their legal effect have been fully explained to Debra Witmer by her counsel, Karen L. Koenigsberg, Esquire. Gary Witmer acknowledges that he has the right to choose counsel of his own for a full explanation as to the effect of the provisions of this Agreement and he has elected not to do so. Gary Witmer represents that he fully understands the facts and has been fully informed as to his legal rights and obligations and he acknowledges and accepts his legal rights and obligations and acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that he is entering into it freely and voluntarily. By signing this document without counsel, Gary Witmer acknowledges that he will be bound by the legal rights and obligations set forth herein. Gary Witmer acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having chosen not to seek advice of counsel, and he acknowledges that execution of this Agreement is not the result of any duress or undue influence and that it is not the iii result of any collusion or improper or illegal agreement or I!I , agreements. In ~ddition, each party hereto acknowledges that, under the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. ~., the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and -4- I ~-- >' -- , waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. 8. REAL ESTATE a. Husband and wife do hereby acknowledge that the marital residence located at 351 Fulton street, Enola, Cumberland County, Pennsylvania, 17025 was granted to them by deed dated May 01, 1978 and recorded in the Cumberland County Recorder of Deeds Office on May 03, 1978 in Book T 27, Page 742. Wife agrees to transfer all her right, title and interest in 351 Fulton Street, Eno1a, Cumberland County, Pennsylvania, 17025. Wife shall execute a deed conveying all her right, title and interest in the property to Husband when this Marriage Settlement Agreement is executed by the parties. b. Wife agrees to transfer all her right, title and interest in the land owned by the parties in Buffalo Township, Perry County, Pennsylvania, granted to the parties by deed dated November 10, 1982 and recorded in the Perry County Recorder of Deeds Office on November 12, 1982 at Book number 326, Page 399. Wife agrees to execute a deed conveying all her right, title and interest in this property at the time when this Marriage Settlement Agreement is executed by the parties. c. The Parties acknowledge that they are the owners of two burial plots located in the burial ground known as Blue Ridge Memorial Gardens Corporation, situated in Lower Paxton, Dauphin County, Pennsylvania, at lot number 116-D space one (1) and two -5- i' ~.. " -I ~~ , (2), Apostles Section. Husband agrees to waive, release, renounce and relinquish any claims he has to the burial plots. Husband also agrees to execute any documents necessary to facilitate the transfer of the burial plots to Wife. Husband agrees that the burial plots shall become the sole and separate property of Wife. 9. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other. a. The parties acknowledge that Husband has a checking account with Allfirst Bank. Wife agrees to waive, release, renounce and relinquish any claims she may have to the funds in that account. The parties acknowledge that Husband and Wife have a joint account at the First National Bank of Liverpool with an approximate balance of two hundred ($200.00) dollars. Wife agrees to waive, release, renounce and relinquish any claims she may have to the funds in that account. b. The Parties acknowledges that Husband has a pension with NADART as a result of his employment with the Motor Truck Equipment Company. Wife agrees to waive, release, renounce and relinquish any claims she may have with -6- ~I respect to the funds in Husband's pension plan, profit sharing plan, or other retirement benefits that he may be entitled to. c. The parties acknowledge that they are the owners of two adult burial vaults purchased from the Blue Ridge Memorial Gardens. Husband agrees to waive, release, renounce and relinquish whatever claims he has to those burial vaults. Husband agrees that the burial vaults shall become the sole and separate property of Wife. Husband also agrees to execute any documents necessary to accomplish the transfer of ownership of the burial vaults to Wife. 10. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The Chevrolet Astro Van shall become the sole and exclusive property of Wife, subject to its liens and encumbrances. b. Husband shall become the sole and exclusive owner, subject to all liens and encumbrances, of the following vehicles: 1. 1989 Modernaire 2. 1983 Superior/Idea 3. 1989 Chevrolet 4. 1980 GMC -7- I The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 11 . LIABILITIES ASSUMED BY WIFE Wife shall assume individual responsibility for the car loan for the Chevrolet Astro Van. 12. LIABILITIES ASSUMED BY HUSBAND Husband shall assume individual responsibility for: A. VISA Card, account number 4417 1284 1653 8328, B. The mortgage on 351 Fulton Street, Enola, Cumberland County, Pennsylvania, 17025, held by Allfirst Financial Incorporated, account 00115716218002, C. The mortgage on 351 Fulton Street, Enola, Cumberland County, Pennsylvania, 17025, held by Waypoint Bank, loan number 71018239, and D. Any outstanding household, utility, and service expenses incidental to the parties' marital home. 13. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will ! suffer or may be required to pay because of such debts, -8- .......... -I I~ encumbrances or liens. Each party in possession of property to be awarded to the other warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearages or deficiency has been given to the receiving party prior to the execution of this Agreement. 14. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 15. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 16. INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or -9- " I"~") proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 17 . WAIVER OF ALIMONY The parties acknowledge that inflation may increase or decrease, their respective incomes may change, that either may be employed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. 18. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid , with respect to the periods covered by such returns are paid. , Husband and Wife further represent there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of -10- . , , " ; '~1!:1 Limitations on the assessment or collection of any tax for such periods. 19. TAXES FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely pay and hold Wife and her property harmless from any liability of Husband for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax year 2001. Wife agrees to be liable and obligated and shall timely pay and hold Husband and his property harmless from any liability of Wife for federal income tax (including penalties and interest) as shown on her separate United states individual income tax return for the tax year 2001. In the event the Internal Revenue Service determines an allocation between the parties for federal income taxes for the calendar year 2001, differently from that computed above in this paragraph, then Husband and Wife agree they will allocate liability for their federal income taxes for 2001, between themselves pursuant to the computation under this paragraph. Any difference shall be accounted for between Husband and Wife, and paid for by one to the other, so as to conform to the tax liability allocation herein with any ultimate tax liability determined by the Internal Revenue Service 20. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. -11- i , ~ 21. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 22. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a 90-day no-fault divorce instituted by Debra Witmer as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to ~3301(c) ,of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 23. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and Wife agree and hereby do release and renounce any claim they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. 24. HEALTH INSURANCE - WIFE Husband shall provide Blue Cross/Blue Shield Major Medical or equivalent coverage for the benefit of Wife until such time as a final decree in divorce may be entered with respect to the parties. -12- _"""'"" 25. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agreement. 26. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 27. PAYMENT OF SPECIFIED OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for all bills, obligations and debts as set forth in Schedule "A", attached hereto and made a part hereof. Except for any debt or obligation of either party to the other under this Agreement, each party agrees to pay and hold the other harmless from all personal debts and obligations incurred by him or her from the date hereof. Wife shall be solely responsible for all other -13- ~. bills, obligations and debts not listed on Schedule "B". Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills and which, pursuant to the terms herein, are not the responsibility of the other party. In addition, each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability other than those described in this Agreement on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demands whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages resulting therefrom. 28. PROPERTY RELEASE It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property -14- ".~""O> ,~ . j ~ , .~-~, being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in ~350l et. ~. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; 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 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 contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as homemaker; 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, and the division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 29. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of -15- and from any and all rights, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other state, Commonwealth or territory of the United states, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. 30. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, .profession or employment which to him or her may seem advisable. -16- ~.,,~ , Wife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party ,is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 31. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. 32. WAIVER OR MODIFICATION TO BE IN WRITING No modification, recision, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 33. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or -17- -C.;;;;.,. thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 34 . LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by construed and enforced in accordance with the Commonwealth of Pennsylvania. it shall be laws of the 35. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 36. INTEGRATION This Agreement constitutes the parties and supersedes any and negotiations between them. There are those expressly set forth herein. entire understanding of the all prior agreements no representations other and than 37 . ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. -18- ;'",_J ~ 38. INCORPORATION OF SCHEDULES All Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 39. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within ten (10) days after demand therefore execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 40. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 41. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, unenforceable or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone -19- ,-'"- , " ,," , , , " i ."~"'i,"^ or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 42. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in triplicate on the day and year first above written. /tkw- (JJ;~ Ife15ra Witmer /;j~ (j)~ >t-. Gary W tmer ..3/1(0 I -20- I >'~"""'.2 , SCHEDULE "A" A. VISA Card, account number 4417 1284 1653 8328, B. The mortgage on 351 Fulton Street, Enola, Cumberland County, Pennsylvania, 17025, held by Allfirst Financial Incorporated, account 00115716218002, C. The mortgage on 351 Fulton Street, Enola, Cumberland County, Pennsylvania, 17025, held by Waypoint Bank, loan number 71018239, and D. Any outstanding household, utility, and service expenses incidental to the parties' marital home. -21- ,,~ Itil!lIHtr, ~>" . . . SCHEDULE liB" A. Car loan for the Chevrolet Astro Van. -22- " DEBRA WITMER, Plaintiff VS. GARY WITMER, Defendant , _"'<l.lIrUiii:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 2000-8373 IN DIVORCE SOCIAL SECURITY NUMBER VERIFICATION DEBRA WITMER - 210-40-1378 GARY WITMER - 210-40-4161 ~I -~""'" -'-"-.', fl-'.'. '-",-"j,b-';' .:,1.,_ '"'""'i " J " DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION - NO. rflcx.:o ~ tf313 cui I IN DIVORCE NOT ICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your dhildren. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Co~rthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEl!:S OR EXPENSl!:S BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YPU SHOULD TAKE TH'IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR dANNbT 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 PA 17013 717-249-3166 ~," " DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COTJNTY PENNSYLVANIA vs. . . GARY WITMER, Defendant CIVIL ACTION NO. IN DIVORCE NOTIGE OF RIGHT TO COUNSEI,ING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Co-art to advise both parties of the availability of counseling- and upon re<ilUest of eith-er provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Proth0notary at: Office 0f the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle~ PA 17013-3387 Proth0notary II ,1)~~ " '-'^;-' ) '-, -- _.,j-i,,-;;::';.I. .;;'""~;.~,,, -_"_" ,j. ,c,-. '~,""', . , DEBRAWI'l'.MER, Plaintiff : IN THE COURT OF C~QN PLEAS OFC~ERLAlITD COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION /) _ ". ...,- NO. t'(J-f3'1,J ~ I~ IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is residing at 351 Pennsylvania. Debra Witmer, Fultaln Street, a citizen of Pennsylvania, Enola, Cumberland County, 12. Defendant is Gary Witmer, a citizen of Pennsylvania, residing 'at 351 Fulton Street" Enola, Cumberland County, Pennsylvania. '3. Plaintiff and Defendant are su~ luris and have been bonafide residents of the Commonwealth 0f Pennsylvania for at least six (6) months immediately preceding the filing of this C0mplaint. , 4. The parties are husband and wife and were lawfully married on January 4, 1969, in Cumberland Caunty, Pennsylvania. 5. The marriage is irretrievably braken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United states or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no instituted by either , 'jurisdiction. prior of the action for divorce or annulment parties in this or any other II ""-"'i~" ~,,~ , --~l~"-, 8. The Plaintiff has been advised of the availability of counselin~ and of the ri~ht to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Elrealtdown Under 3301 (0) o,f the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the ~arties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been adv~sed of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to ~articipate in such counseling. WHEREFORE, if both Partie,s file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301{c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301 (d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. '114. The marriage of the parties is irretrievably broken. II ,~~M ,_~"W 15. After a period of two (2) years has elapsed from the date of separatioa, Plaiatiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT III Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Di VCilrSQ Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their sep~ation. 19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. il ~-, '~ . . . OOUN'1'IV Request for Counsel Fees, CQats and Expenses Uncler 3104, 3323, 3502(e) and 3702 of the DiVGI!'Gle Cocle 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. Plaintiff has employed Karen L. Koenigsberg, Esquire of the law firm of Dissinger & Dissinger to represent her in this matrimonial cause. 22. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, DISSINGER & DISSINGER I ! 1'- <' ;1 '?(, cY:"'-; / _' / I , . Kar n L. Koenigsber Att rney for Plaint~ff Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ~~- ~ -'"~' - - "f~ VERIFICATION I, Debra Witmer, verify that the statements made in the Divorce Complaint are true and correct. I understand that false statements herein are made slllbj,ect to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification. Debra Witmer, Plaintiff :, :1 I 1 , . , "w.~, . . DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION NO. 2000-8373 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under s 3301(c) of the Divorce Code was filed on December 01, 2000 and served on December 07, 2000. 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 of divorce after service of the notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 falsification to authorities. Pa. C.S. ~4904 relating to unsworn Date: JJ;~ ~ c1 Od! ~~ ;)~ Debra Witmer, Plaintiff I"~ Ml~~il'lllbi~&lmljWI!llfii'-illi's~__iB~!Im;M<il!k!;f;mL~..i;~_~_-<"jj'''~Ji.llliWh~~~J~~;,&_~.,--"'"~"~" '.--1&.' ~ M'" ~"_ n~ _ , " ~, ,- , -.-.,;:..:;::; !11[-~ ,;;:-: ~~i" ~71' (_I) -. -< [< %;~2 -';:'-'-' ...--(- '7 :.< -,'. C) r'~J ~ 111 ~:.",.-:_-~" '~~) ~-l !,4_':: ,"-, , ~ ~,~ -;~ -;.~ -C'::l ,:=5j'n ::;::1 :D -< ;",) o " ~ I " , DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION NO. 2000-8373 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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. ~4904 relating to unsworn falsification to authorities. ,.,. Date: /h, 1lA.( I I OttJPI ,t.t+ 44 / ~~ 'jA/A_ Debra Witmer, Plaintiff .i~"":""'ii~illif~~1li!Iii~il.!:D~iilIil~~,;$~'~i!PJW!l''\l'"?l~lil~.m~~-Ijj.''''' ,- . J, _._' " ,L,_ ,.__, _'"~ ,- ~-- ""'. - . -~,' , ,,.,. >':1 "~ .' , (') _.~~- '-.."-rl Qlr;" ~,,:.-: :':_-' ~\ iE; ~-C 2.:: -~"j -< ,.-,' pr" , ~;i I i '::1 --I, ('" ~ ~..) ':::0 "::::J ~~j ----- , (' I . .o' . DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION NO. 2000-8373 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under 5 3301(c) of the Divorce Code was filed on December 01, 2000 and served on December 07, 2000. 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 of divorce after service of the notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: _"5/1}1/61 ~tt~I~~Wj~~~~l1(~S~~'Ml1!iit~;;;,o,;r!i"S<ii.;~),~~!jf-~ _~~,'_~'~r ,~__ ~""r. ,,", ~,,,",,,,,j ,_ .""',c,~ '.' ;illIIlIiIiiIIlIiiiM ~J~ H' .'" tit ""'N" 'itIII"'" (') C..= <'"" ~f' ~~;. r'i.: ~s =< .'- co. "".J f'",' " ---.".--' -r:;~ C:-,' ~:~-- '.; C") (",;;TI S~ =< r...:. (::;l .. ~ ~~~. - , , , ,." .:, ) 'j J . .' 1 DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION NO. 2000-8373 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(C) OF THE DIVORCE 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, alimony pendente lite, marital property or counsel fees 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. ~4904 relating to unsworn falsification to authorities. Date:3// /6 r f I ~~ J~ ~. ~ar Witmer, Defendant I ;' 1Di~~~1!!I~:l1~~.Rl1i!it~'W;iliii~,"1t<"g;ibi!~itH~!*!li,1ift1t.m~~1:!,"~~~.lli:i!:.;;,"ii<j-',!MEli'<l!~ii1~l1illsif '. II ~~ ~ ,,~~ ,..J,., ~~ - .iiIiIiM.M ~d "_ '" " ~"~~ .-'I!l <. ,- -,~ '" (') c- !I~ f.1 )~in (n ): -""---. ~~e d.::: 02 ;2~ ,> "~." ~<- -< ~','i ,-' _.' :1:: '-':J;' ::.1-::; I f',) 7:::"~ -"."'~ ;'...) ,11 , :;'j :n -< d '" ~ . , . f ,. . DEBRA WITMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GARY WITMER, Defendant CIVIL ACTION NO. 2000-8373 IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Karen L. Koenigsberg, the attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated December 09, 2000 attached hereto as Exhibit "A". / Koeni s er for Plaint ff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed bef~e tljis -'.f!!:day of ~/2.PL , 2000. ~~~~ ~'~ otar PutlJi _""",' .' NOTARiAl. SEJ:il. c 'j, MARTHA A. Boo1'!-!, Ncl:i!1'Y PUtl!l~J", ,; Camp Hill Bom. Cumlmlarnl CoUI~Y: , ,,' ~COmmlsaian ExpIres July 12, ~ ' II - ~ .. H ." . ~. .:: ;; .. 1! .. ~ .. = C o " ~ ''6. E o u '" se_R: o Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. o Print ypur name and address on the reverse of this fonn so that we can return this card to you. o Attach this form 10 the front of the mailpieee, or on the back jf space does not permit. o Write "Return Receipt Requested" on the mailpiece below the article number. o The'Return Receipt will show to whom the article was delivered and the date delivered. . Article Addressed to: 4a. Article Number . .. . I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address 2. ~ Restricted Delivery 5352 GARY WITMER 351 FULTON STREET ENOLA PA 17025 4b. Service Type o Registered o Express Mail D Retum Receipt for Merchandise IX Certified o Insured DCOD 5. Received By: (Prinl Name) 7. D t"!J.~vO~ -00 8. Addressee's Address (Only jf requested and fee Is paid) ~ " g, .!I! \ ~ i 102595-99-8-0223 Domestic Return Receipt EXHIBIT "A" ~, fj .;;: ~ ii. J 8486 ~ -M '" c ;; " IS " g, .. c .. J: ... ~~.\iit~~l..W"M;~!!,;tt,(ti',H;HJ~LF1kir1l:lj;acn;,1!~.lWJffi>!!!.*,i~t8M#..;-"tf"'.'d"'Hi.1;J1;4iit~M.t1f1-11~!!!!ll;infli'i__!}$mel'-:11"~'~_~1~g 41 .,. \. ^~ . ,'.. I. > .,-;<~~-. ",,'~ "'; -- "'-~- " , "-'t" c C :< -of ~~. Z( en, ~i ~( ;i>C "~,-~~ ,,"-- "'",.' -< oJ .. ....... , f~,~ I 1,',1 " fl tl 1:1 11 " II [:.1 Ii [,-! Ii r:! r' !i !! \,1 II Ii ,I j! Ii ':;, ...'" . c::; j~ .-; ":? 5J -< '?? ,--V ~., ~"" . "'~."