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HomeMy WebLinkAbout03-1817CHRISTINE L. WIEST, Plaintiff VS. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW : IN DIVORCE ~OTICE TO DEFE_._ND AND C?.~I/~RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT AND NOW, comes Plaintiff, Christine L. Wiest, by her attorneys, Purcell, Krug &Haller, and files the following Complaint in Divorce: 1. Plaintiff is Christine L. Wiest, an adult individual who currently resides at 504 East Elmwood Avenue, Apt. No. 1, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Scott A. Wiest, an adult individual who currently resides at 7413 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 22, 1986, in Enola, Cumberland County, Pennsylvania. 5. There has been a prior action in divorce between the parties in Cumberland County, Pennsylvania that was purged because of inactivity. COUNT I DIVORCE PURSUANT TO"SECTION 3301 c OR 3301 d OF THE DIVORCE COD~ 6. Plaintiff incorporates paragraphs 1 through 5 by reference hereto as though the same were set forth herein at length. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant a Decree in Divorce. COUNT II EOUITABLE DISTRIBUTIOn! 9. Plaintiff incorporates paragraphs 1 through 8 by reference hereto as though the same were set forth herein at length. 10. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests this Court to equitably distribute the martial property after an inventory and appraisement has been filed by the parties. PURCELL, KRUG & HALLER /~c~91~h~-~t~O ~o~man, Esquire (717)234-4178 VERIFICATION I, Christine L. Wiest · hereby verify that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1817 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : I, Nichole M. Staley O'Gorman, Esquire, Attorney for the Plaintiff, Christine L. Wiest, in the above action, hereby swear and affirm that on the 21st day of April, 2003, I sent, by certified mail, return receipt requested, restricted delivery, a Complaint in Divorce to the Defendant, Scott A. Wiest. The Return Receipt Card signed by the Defendant on April 24, 2003 is attached hereto as Exhibit "A". Sworn and subscribed to before me this ~day of /~)~ , 2003. . j Angel8 S. E~ton, No~8~ Publi~ I Harrisburg, Dauphin Coun~ ~/ My Commission Expires J~. 12, 20~ Member, Pennsylvania Association ot Notaries ~/AiICHOLE M. STA]%EY O~~N D NO. 7 98~6 TTORNEY FORPLAINTI FF item 4 if Restricted DelivenJ is desired. · Print your name and address on the reverse C. Sig ure so that we can return the card to you' /I ~t.~~ . r9 Agent · Attach this card to the back of the mailpiece, ~_~. ~/j~' I~Addressee_ or on the front if space permits. ~,, ~-~). is delivery address different from item 17 E]Yes J '~ ~:jistered ~::~eturn Receipt for Merchandise _ 2. w~ulicle Number 7001 1140 (Transfer from service label) , ~ LI000 9826 9121 102595-01-M'1424 PS Form 3811, March 2001 '- Domestic Return Receipt EXHIBIT "A" CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1817 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-A~FIDAVIT WITHIN T~ENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. p?.a?NTIFF'S AFFIDAVIT UNDER SECTION 3301(d} OF THE DIVORCE CODE and have continued to live separate least two (2) years. 2. The marriage is 3. division of property, them before a divorce is granted. The parties to this action separated during August 1996 and apart for a period of at irretrievably broken. I understand that I may lose rights concerning alimony, lawyer's fees or expenses if I do not claim I verify that the statements made and correct. I understand that false subject to the penalties of 18 Pa.C.S. unsworn falsification to authorities. in this Affidavit are true statements herein are made Section 4904 relating to CHRISTINE L. WIEST, Plaintiff CHRISTINE L. WIEST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 03-1817 CIVIL TERM SCOTT A. WIEST, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S COUNTER-Ai~FIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): __(a) I do not oppose the entry of a Divorce Decree. __(b} I oppose the entry of a Divorce Decree because (Check (i), (ii) or both}: __(i) The parties to this action have not lived separate and apart for a period of at least two years. __(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b}: __(a) I do not wish to make any claims for economic relief. 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. __(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this Counter-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: SCOTT A. WIEST NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DI~DRCE DECREE AND YOU DO NOTWISH TO~KE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ?? :5 CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1817 CIVIL TERM CIVIL ACTION LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF DAUPHIN : I, Nichole M. Staley O'Gorman, Esquire, Attorney for the Plaintiff, Christine L. Wiest, in the above action, hereby swear and affirm that on the 5~h day of June, 2003, I sent, by certified mail, return receipt requested, restricted delivery, Plaintiff's Affidavit and a Counter-Affidavit to the Defendant, Scott A. Wiest. The Return Receipt Card signed by the Defendant on June 9, 2003 is attached hereto as Exhibit "A". Sworn and subscribed to before me this /~ day of ~ , 2003. t![TOR~EY FOR PLAINTIFF · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. ~.~ [] Agent If ~$, entor O~li¥of~ 8~ldffi08 I~llow: [] NO Service Type [] Exprees Mail [] Registered ~-.Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Reetfl~t~l Detirve~'7? (~x'ff~ ~) ~.y~ 7001 1140 0000 9826 6786 PS Form 3811, Mamh 2001 Domestic Return Rec,~pt EXHIBIT "A" CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1817 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Christine L. deposes, and says 1. action; 2. 3. PA 17013. 4. 5. AFFIDAVIT OF NON-MILITARY SERVICE Wiest, being duly sworn according to law, that: I am the Plaintiff in the above captioned divorce The Defendant is 40 years of age; The Defendant lives at 7413 Wertzville Road, Carlisle, The Defendant is employed as a carpet molder. The Defendant is not in the military or naval services of the United States or its allies, or is otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. Ch rf~~i e s t~, ?1 a~in t~f f Sworn to and subscribed before me this , day of Notar~ Public ~otarJal Seal ~ela S. Eaton, Notary Public I .. H~rrisburg Dauph n County I My Commission Expires Jan. 12. 2004~ Merr~bor, Pennsylvania Association ot Notaries CHRISTINE L. WIEST, Plaintiff VS. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1817 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE MOTION TO COMPEL AND NOW, comes Movant, Krug and Haller, and files the 1. Movant is Christine L. by and through her attorneys, Purcell, following Motion to Compel: Wiest, Plain'~iff in the above- captioned divorce action. Movant is represented by the undersigned. 2. Respondent is Scott A. Wiest, Defendant in the above- captioned divorce action. Respondent is represented by P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110, (717) 234-7051. 3. On November 10, 2003, counsel for Plaintiff forwarded a Request for Production of Documents for answer by Defendant. A true and correct copy of same is attached hereto snd made part hereof as Exhibit "A". 4. On November 26, 2003, counsel for Defendant acknowledged receipt of the discovery and provided a response to Item #6. Counsel for Defendant provided his assurance that his client was "attempting to secure the information in order to be able to answer paragraphs 1, 2 and 3 of your request." Counsel also stated, "The balance of the information, including the income tax returns and most recent pay stub will be forthcoming." A true and correct copy of counsel's letter is attached hereto and made part hereof as Exhibit "B". 5. Since that time, no additional information has been received and Respondent has been unresponsive to couE. sel's letters. 6. The requested information is discoverable pursuant to the Divorce Code and Pa.R.C.P. 1930.5. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant her Motion to Compel and direct Defendant to provide full and complete responses to discovery within ten days. PURCELL, KRUG AND HALLER ID #79866 719 North arrisburg, ~.~r ~r~e ~r~' ~squire PA 17102 717 234-4178 Attorney for Plaintiff/Movant 2 CHRTSTiNE L. WiEST, Plaintiff VS. SCOTT A. WiEST, De£endant IN THE COURT OF COHHON PLEAS OF CUHBERLAND C~UNTY, P~NNSYLVAN!A NO. 03-1817 CIVIL TERH CIVIL ACTION LAW IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCLrMENTS ADDRESSED TO DEFENDANT Sc!t% A. WiesE, Defendant c/> P. Richard Wagner Y~_NCKE, WAGNER & SPREHA 2233 Notch Front Street Harrissurg, PA 17i10 INSTRUCTIONS AND DEFINITIONS ..... ~H~ ...... v ~_~ST, by her undersicned c:snr, o~ hereby propounts the following request for production ef documents an! tangible %hings pursuant te Rule ~009.1 ec seq. of the Penlsv!vania ~ ~ su_~s of Civil Procedure. The documents ani tangible things requested herein mus~ be ~ro .... ~t the law ezz~ces of Purcell, Krug anl Haller within %hlrtv {30} days. Each cf the follewin~ requests is intenced as a separate requests. ~xh~_~ a request has sub-parts, please respond co eaeh s~'b- ~narl. secar~te!,¥, and in full. Do not limit any response to ~h~ n~e_ _~ request as a whole. If you have any objection to any request, please sta%e your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a ~-±~n response %0 these requests within thirty days of service of ~hesa requests upon you, regardless of the tlm~ .... set for p~d,~c~±.~n~ - ~'~ of %he documenss and things requested herein. You are reminded that any objections not raised within the thirty-day period provided for by Pa.R.r.P. 4009.12 will be deemed to have been waived by ,leu. zha5 Fhese reques%s are not only for documenta and tangible things are owned by you, but alsc for documents and tangible things that ~re in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible thi~.gs that are in the possession, custody or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any suoh legal entity should be construed accordingly. "Plaintiff" means the particular plaintiff or plaintiffs in this action to whom this request is addressed, as set forth above. "Defendant" means the defendant or defendants named in this action. "Document", "record", "file", and ~report" all refer to and contemplate all written, recorded, or graphic: information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. ii 1. With regard to the value of your interest in each pension plan, retirement plan, 401K plan, ESOP plan, KEOUGH plan, IRA account, deferred compensation plan, and every other retirement benefit in which you had an interest as of Angust 31, 1996, provide all documents showing the following: If acquired prior to marriage~, the date of marriage value; B. Value as of August 31, 1996; C. Current value. 2. As to the plans, accounts, benefits and contracts listed in No. 1 above, provide the following: no Do Eo Most recent summary plan description; Annual statement for the past three (3) years; If acquired prior to marriage, the annual statement for the year irmmediately before the date of marriage; If acquired prior to marriage, annual statement for the year of the date of marriage; Ail annual statements received in 1996 and 1997; and All statement(s) showing withdrawals, including loans, made from the account since 1995. If any such withdrawals were made, you should also provide docuraentation of the date, amount, and repayments (if any) since its inception. 3. Ail documents showing the payments you have received, any, from any pension, retirement plan, IRA account or other retirement benefit. if 4. Your 2002 Federal Income Tax Return with all schedules and attachments, including without limitation all W-2s, 1099s and K-is. 5. Ail documents evidencing your income for 2003, including a copy of your most recent paystub from each employer. 6. Ail appraisals and price opinions you secured within the last two years pertaining to the marital home. 7. Ail documents pertaining to the existence or value of marital assets or debt which you intend to rely upon in the event of a hearing on equitable distribution. PURCELL, KRUG & HALLER (717) 234-4178 2 CERTIFICATE OF SERVIC~ I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug &Haller, counsel for Plaintiff, hereby certify that service of the foregoing Request for Production of Documents Addresse~ to Defendant was made upon the following by first-class mail, postage-prepaid on November 10, 2003: P. Richard Wagner MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 MANCKE, WAGNER & SPREHA November 26, 2003 Nicole M. Staley O'Gorman, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 Re: Wiest Dear Nicole: I am enclosing herewith the following information in response to your Motion for Production of Documents in the above-captioned matter. An appraisal by Steven Barrett Real Estate is enclosed verifying $108,000.00 as the appraised value of the property. I am also enclosing a copy of the 2000 tax assessment which indicates that the total assessed value of the p~operty is $95,160.00, more in line with Mr. Barrett's appraisal. As it relates to the pension information, Scott has talked with the benefit coordinator at Lear, and they are attempting to secure the information in order to be able to answer paragraphs 1, 2 and 3 of your request. The balance of the information, including the income tax returns and most recent pay stub will be forthcoming. Finally, I want to make you aware that July 10, 2003, both my client and your client received a letter fxom Keith Sealover, of Jack Gaughen Realtor, indicating that he did a market analysis of the property and determined the price range to be $100,000.00 to $105,700.00. It would seem that the Jack Ganghen analysis, the Barrett appraisal, and the tax assessment in C-mberland County is more in tune with my client's position as it relates to the value of the home. Nicole M. Staley O'Gorman, Esq. Re: Wiest November 26, 2003 Page 2 Your attention is appreciated. ~ ~agner PRW/dks Enclosures cc: Mr. Scott Wiest CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug &Haller, counsel for Plaintiff, hereby certify that service of the foregoing MOTION TO COMPEL was made upon the following by first- postage prepaid on ~/Ot~ : class mail, P. Richard Wagner MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 Tricia Kowal~zy k CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1817 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~d!.~~ day of hereby issued upon Respondent, Scott A. Wiest, attached Motion to Compel RULE RETURNABLE to should not be granted. days from service. , 2004, a Rule is show cause why the BY THE COURT, t ,/ l / Distribution: Nichols M. Stale¥ O'Gorman, Esquire 1719 N. Front Street, Harrisburg, PA 17102 p. Richard Wagner, Esquire 2233 N. Front Street, Harrisburg, PA 17110 CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1817 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE TO: NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DEC~ SCOTT A. WIEST c/o ?. Richard Wagner MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 Christine L. Wiest, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after March 31, 2004 requesting that a final decree in divorce be entered. Date:~~ PURCELL, B KRUG AND HALLER ~i~i~!!~!i Front S~r2~man' Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Esq. CHRISTINE L. WIEST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 03-1817 CIVIL TERM : SCOTT A. WIEST, : Defendant : CIVIL ACTION - IN DIVORCE PR~ECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(d) of the Divorce Code. 2o Date and manner of service of the Complaint: Complaint was served on Defendant bV Certifie~t Mail, Restricted Delivery, Return Receipt Requested on April 24, 2003. 3. (Complete either paragraphs (a) or (b). by ~3301(c) Defendant: (a) Date of execution of the Affidavit of Consent required of the Divorce Code: By Plaintiff: and By (b) (1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: June 1, 2003. (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Plaintiff's Affidavit was filed an~; served on Defendant bv Certifie~ Mail, Restricted Delivery, Return Receipt Requested on June 5, 200~. 4. Related claims pending: No claims pendinq 5. (Complete either (a)_or (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: The Notice of Intention to File a Praecipe to Transmit Record was sent via Certified Mail, .Return Receipt Requested to Defendant's Counsel on March 11, 2004. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: ; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: Date: ~(/0~ PURC~, KRUG ~HALLER ~ BY:~i%hol~.~fTal~,~orm[n, }719.N. FrOnt S~ree~ ~arrisburg,~ PA 1~1q~2 (717) 234-4178 ID No. 79866 Esq. CERTIFICATE OF SERVICE Krug &Haller, counsel for of the foregoing NOTICE OF DECREE was made upon the following by certified mail, receipt requested, postage prepaid on March 11, 2004: TRICIA KOWALCZYK, an employee of the law firm of Purcell, Plaintiff, hereby certify that service INTENTION TO REQUEST ENTRY OF DIVORCE return c/o Scott A. Wiest P. Richard Wagner, Esquire MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 SEPARATION AND PROPERTY SET~?.~INT AGREEMENT THIS AGREEMENT, made this ~ day of ~~ , 2004, by and between Christine L. Wiest, hereinafter referred to as "Wife", and Scott A. Wiest, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 22, 1986; and WHEP. EAS, one child was born of this marriage, Kylie S. Wiest (DOB 11/18/91), (hereinafter referred to as "child"); and WHEREAS, certain differences have arisen between the parties as a result of which they separated in or about August, 1996 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEP~AS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Richard Wagner, Esquire and Wife by her attorney, Nichole M. Staley O'Gorman, Esquire have come to the agreement, which follows: NOW, THEREFOP~, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. ~ It shall be lawful for each party at all times hereafter to live separate and apart fzom the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. Interference. Each party shall be free from authority and contact by the other, as fully as if he and apart from the other. that contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by compel the or malign the separate 3. Wife's Debts.. Wife represents and warrants to Husband since the separation she has not and in the future she will not interference, or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor other to cohabit with the other, nor in any way harass other, nor in any way interfere with the peaceful existence, reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstandinq Joint Debts. The ]parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement. In the event that either party contracted or incurred any debts other than those specifically set forth above, either before or after the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made ~gainst that party by reason of such debt. 6. Equitable Distribution of Marital Propertv' The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: 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 other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a 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 marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household 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 persona], property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided be~2ween themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession, and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of a party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature to which he or she may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against 5 the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. b. Distribution of Real Estate. Upon execution of this Agreement, Wife shall transfer to Husband all of her interest in and title to their jointly owned real estate at 7413 Wertzville Road, Enola, Pennsylvania. Wife shall deliver title via a quitclaim deed which shall be held in escrow by her counsel until Husband satisfies to pay Wife $59,000 pursuant to Paragraph 6d solely responsible for all liens and since the time ,Df the parties' insurance, utility estate. Husband said obligations on said premises, and shall loss by reason of his default in the payment thereof, and shall save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees his obligation hereunder. Husband shall be encumbrances which may exist separation and all past, present and future taxes, bills and all other charges relative to said real shall pay and discharge indemnify Wife from any 6 incurred to his default. In the event obligation to pay Wife defend against an action brought against her by virtue of Husband fails or refuses to satisfy his $59,000 pursuant to Paragraph 6d, the property shall be listed for sale immediately with a realtor of Wife's choosing. The listing price shall be as recemmended by the realtor. Husband shall cooperate in executing all documents necessary to list, sell and transfer title to the real estate. In the event he fails to do so, Husband hereby grants Wife a limited power of attorney to execute on his behalf all documents needed to list, sell and transfer title to the property. At the time of sale, Fifty Nine Thousand sale after the have been paid. SAW Wife shall be entitled to receive the greater of ($59,000) Dollars or one half of the proceeds of broker's commission and reasonable costs of settlement In addition, Wife shall be entitled to receive from c. Vehicles. The parties have no vehicles which are subject to equitable division. Wife, (~0) days of execution of d. Equitable Reimbursement. Husband shall pay to as equitable reimbursement, the sum of $59,000.00 this Agreement. T-~me is es 7 within sixty the proceeds of settlement all attorneys' fees and costs associated with any action to compel the sale of the real estate by virtue of Husband's failure to comply with the terms of this Agreement. This sum shall be regarded as alimony for enforcement purposes and shall not be dischargeable in bankruptcy. However, said sum shall not be modifiable, tax deductible to Husband or includable to Wife, terminable upon a party's demise or terminable upon Wife's remarriage or cohabitation with any other person. e. ~etirement Benefits. Each of the parties has acquired certain retirement benefits through the course of marriage and since separation. Each party shall retain his or her own retirement benefits, and each waives all right, title and interest he or she has or may have to receive any portion of the benefits of the other party now or in the future. Each party agrees to execute all documents necessary to give effect to this provision. 7. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and inte[[ligently waive and relinquish any right to seek from the other any payment for support or alimony, except as set forth herein. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. k 8. ~Husband and Wife~lutually represent that their ~ld may wish and ~ire f°rmal educs~t~on beyond high school. The parties agree to share e~ually the direct c~sts of such educati°n'~luding but no~ -~ted to tuition,~oom and board, ~ other living e~enses, transportation, and books of~the child. The term "formal edu~ion" shall mean college (any accre~ted degree prog~.am up to four ~rs), °r °ther legitimate and reas~able formal vocational or technicaXeducation following high school, k 9. ~limon¥ Pendente Lite, Counsel Fees and Exmenses' Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and[ satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 9 10. Prior Tax Returns. The parties have filed various joint returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the parties shall share equally all such tax, penalty, interest and expense. However, if the amount due is the result of fraud or intentional misrepresentation on the part of a party, the guilty party shall bear all such expense including counsel fees, accounting fees and costs of the other spouse. 11. Divorce. A Complaint in Divorce has been filed to No. 03-1817 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event either party fails or refuses to execute such affidavit upon the other party's timely request, 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 some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed 10 and transferred to the execution of this Agreement. Ail spousal support, lite and other such obligations, excluding alimony, respective parties immediately upon the alimony pendente shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 13. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in distribution, pendente lite, other ever had, now has, or may have in Pennsylvania Divorce Code, law or equity, including equitable spousal support, alimony, counsel fees, alimony and expenses which either of the parties against the the future under the as amended, or under any other statutory 11 or all causes of action for breach of any prow[sions of this Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 15. Waivers of Claims Aqainst Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, common law, except any and all causes of action for divorce and Agreement. 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 any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, 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. Each further waives any right to inherit or receive property or act as the personal representative of of the other by Will, Codicil, intestacy, or insurance such Will, Codicil, or insurance policy (designation is dated subsequent to the effective date of this In the event a spouse receives property to which he or the estate policy, unless of beneficiary) Agreement. 12 she is not entitled pursuant to this Paragraph, he or she shall deliver it immediately to the representative of the estate of the deceased spouse. 16. Riqhts on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 17. this Agreement, Breach. In the event of breaoh of any of the terms of the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 18. Incorporation in Final Divorcc= The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between'the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant 1~o the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of 13 any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 19. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. Separability. In case any pzovision of this Agreement should be held to be contrary to, or invalio~ under, the law of any country, state or other jurisdiction, such ~llegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 21. Entire Aqreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their 14 marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 22. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. Intent. Agreement to fully and relief on the basis of which may exist at It is the intent of the parties by this finally foreclose any resort to the courts for any statute or case law presently existing or some time in the future within the Commonwealth of 15 Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement and, where such law is inconsistent, the execution of the terms of this instrument shall govern. 24. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 25. Descriptive Headinqs. The descriptive headings used 16 herein are for convenience only. They shall in determining the rights or obligations of have no effect whatsoever the parties. 26. Aqreement Bindina on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals the day and year first above written. Christine L. Wiest Scott A. Wiest set Date Date 17 CHRISTINE L. WIEST, Plaintiff VS. SCOTT A. WIEST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1817 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ~FFIDAVIT OF CONSE~[ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 21, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 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. ~4904 relating to unsworn falsification to authorities. Date: CHRISTINE L. WIEST, Plaintiff -- CHRISTINE L. WIEST, Plaintiff VS. SCOTT A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-1817 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree of divorce without notice. alimony, division of property, lawyer's fees 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 understand that I may lose rights concerning or expenses if I do 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:~_ CHRISTINE L. WIEST, Plaintiff CHRISTINE L. WIEST, Plaintiff vs. SCOTT A. WIEST, Defendant : IN THE CO[JRT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1817 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE] .A~FIDAVIT OF CONSEN![ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 21, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 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. ~4904 relating to unsworn falsification to authorities. SCOTT A. WIEST, Defendant CHRISTINE L. WtEST, Plaintiff vs. SCOTT A. WIEST, Defendant : CUMBERLAN~ COUNTY, : NO. 03-11317 CIVIL : CIVIL ACTION - LAW : IN DIVORCE IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF TEE DIVORCE COD~ 1. I consent to the entry of a final decree of 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 irmmediately 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. WIES]~ Defendant CHRISTINE L. WIEST, : Plaintiff : SCOTT A. WIEST, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1817 CIVIL TERM CIVIL ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2 o Date and manner of service of the Complaint: Complaint was served on Defendant by Certified Mail, Restricted Deliver~, Return Re¢:eipt Requested on April 24, 2003. 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: By Plaintiff: March 4, 2004 and By Defendant: March 11, 2004. (b) (1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: Pursuant to Paraqraph 18 of thm parties' Separation and Property Settlement Agreement, the Agr~m~n~ shall be incorDorated, but shall not merqe in '~/~e final Divorc Decree. 5. (Complete either (a)_or (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 18, 2004; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 18, 2004. By: ; /1719 N. F~onS~Z~et /Harrisburg, PA 17102 ; (717) 234-4178 Date: March 18, 2004 ID No. 79866 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF CHRISTINE L. WIEST PLAINTIFF VERSUS SCOI~ A. WIEST DEFENDANT AND NOW, DECREED THAT NO. DECrEe 1N DIVORCE CHRISTINE L. WIEST PENNA. 2003-1817 Civil 2004 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, AND SCOIT A. WIEST ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT rETAINS JURISDICTION OF THE FOILOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION fOr WP[ICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Separation and Property Settlement Agreement dated March 4, 2004 shall be incorporated into, but shall not merge in this final decree in divorce pursuant to Paragraph 18 of said Agreement. ATT e SV~/~_~~ d' /' -- - ~...j,,~ ~lr PROTHONOTARY