Loading...
HomeMy WebLinkAbout03-1861GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 RUTH ANNE MACKISSIC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD S. OBERSON, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. 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 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o pot medio de en abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBERG, KATZMAbl & SHIPMAI~, P.C. Paul $. Esposito, Esquire - I.D.//25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff RUill ANNE MACKISSIC, IN THE COURT OF COMMON PLEAS Plaintiff V. DONALD S. OBERSON. Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - i ~'C, ~ · IN DIVORCE WAIVER OF COUNSELING RUTH ANNE MACKISSIC, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Ruth Anne MacKissic GOLDBERG, KATZMAN & SHIPMAN, p.c. Paul $. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 126g Harrisburg, PA 1710g-126g Attorneys for Pla/ntiff RUTH ANNE MACKISSIC, IN THE COURT OF COMMON PLEAS Plaintiff Vo DONALD S. OBERSON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. IN DIVORCE _COMPLAINT IN DIVORCE 1. Plaintiff, Ruth Anne MacKissic, is an adult individual, who currently resides at 1801 Creek View Court, New Cumberland, Cumberland County, Pennsylvania. at the B'nai Pennsylvania. Defendant, Donald S. Oberson, is an adult individual, who currently resides B'rith Apartments, 130 South 3a Street, Harrisburg, Dauphin County, 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to thc filing of this Complaint. 4. The parties were married on May 4, 1985, in Valley Forge, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiffhas been advised of the availability of counseling and that Plaintiffhas the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. o Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to.' (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By~~ Sup~me~ourt ID-~5~' Post Office Box 1268 Harrisburg, PA 17018-1268 Attorneys for Plaintiff (717) 234-4161 55188.2 -VERIFICATION I verify that the statements 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 contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Ruth Anne MacKissic 55188.2 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul $. Esposito - I.D.//25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 RUTH ANNE MACKISSIC, 1N THE COURT OF COMMON PLEAS Plaintiff V. DONALD S. OBERSON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. ffl.~-/0c7~ /r IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. Ruth Anne MacKissic GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 RUTH ANNE MACKISSIC, Plaintiff Vo DONALD S. OBERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1861 IN DIVORCE ACCEPTANCE OF SERVICE I, DONALD S. OBERSON, Defendant, acknowledge that I received a certified copy of the Complaint in Divorce and a copy of the Notice and Affidavit under Section 3301(d) of the Divorce Code, both of which were filed on April 23, 2003, in the above-referenced matter by personally accepting service. I also acknowledge that I received a Counter-Affidavit under Section 3301(d) of the Divorce Code by personally accepting service. Date: April 2~ , 2003 DONALD S. OBERSON, DEFENDANT RUTH ANNE MACKISSIC, Plaintiff DONALD S. OBERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 03-1861 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DONALD S. OBERSON, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after June 16, 2003, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBERG,,.Jr,.ATZ~ & SHIP.,~MAN, P.C. By ~T~, ~JsQuiRE 320 ~r~?~t~. fe.o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 RUTH ANNE MACKISSIC, Plaintiff Vo DONALD S. OBERSON, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - iLAW NO. 03-1861 IN DIVORCE ACCEPTANCE OF SERVICE I, DONALD S. OBERSON, Defendant, acknowledge that I received a copy of the Notice of Intention to Request Entry of §3301(d) Divorce Decree, which was filed on May 16, 2003, in the above-referenced matter by personally accepting service. I also acknowledge that I received a Counter-Affidavit under Section 3301 (d) of the Divorce Code by personally accepting service. Date: May//~ ,2003 DONALD S. OBERSON, DEFENDANT SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ] s~ day of ~~__~ , 2003, by and between RUTH ANNE MacKISSIC, (hereinafter referred to as "Wife") and DONALD S. OBERSON,(hereinaftcr referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 4, 1985, at Valley Forge, Pennsylvania; and VqHEREAS, the parties are the parents of one minor child, Kenneth George Oberson, bom, December 13, 1986; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, without limitation by specification, the settling of alt claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. \ NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the fight to live separate and apart from each other and to reside from time to time at such place or places as tttey shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, 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. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 2 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that tlhey have no outstanding debts and obligations which were jointly incurred by them during their m~mSage with the exception of those which are set forth below or elsewhere in this Agreement. Husband and Wife further acknowledge and agree that Wife has made certain payments toward the parties' joint indebtedness. The payments Wife has made, as of May 15, 2003, total $21,700.00, as described in Exhibit "A" which is attached hereto and made a part of this Agreement. Husband hereby agrees to fully reimburse Wife within five (5) years from the date of execution of this Agreement for all of the payments she has made toward the afore-mentioned debts. Husband shall be required to pay Wife $50.00 each month begin.ning the first full month following the date of execution of this Agreement for a period of six months, and $100.00 per month thereafter. Husband may, at his option, make any and all additional payments; however, Husband acknowledges that, notwithstanding the foregoing, the entire amount due must be paid in full within five (5) years from the date of execution of this Agreement. Beneficial Account. The parties further acknowledge that there is an outstanding balance due on their Beneficial Account. The parties hereby agree that Husband shall be solely responsible for the outstanding balance on this account and shall1 make all of the payments as they become due in a full and timely manner. No further charges shall be made by either party on this account. At such time as the account is paid in full, the accoun~; shall be cancelled and closed. 3 Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of Husband's failure to comply with the provisions of this Paragraph. 5. 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 other party is or may be liable. A liability not disclosed in this Agremnent will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such 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. 6. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their separate and marital personal property to their mutual satisfaction. As of the execution date of this Al,n'eement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled and, if untitled, the party in possession. This Agreement shall constitute: a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. Notwithstanding the foregoing, Husband may retrieve from Wife's possession the Sterling silver tea set which had been his mother's, his clothing and other personal items. 7. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were 4 acquired by him or her after the parties' date of separation, 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. 8. MOTOR VEHICLES The parties hereby agree that Husband shall retain possession of and receive as his sole and separate property the 1999 Mazda, currently titled in his name alone. The parties further agree that Wife shall retain possession of and receive as her sole and separate property the 1996 Toyota Corolla, currently titled in her name alone. The parties acknowledge that there is an outstanding loan from the Susquehanna Valley Credit Union which was incurred for the purchase of the Toyota Corolla. Husband hereby agrees that the direct witlhdrawal from his checking account at the Susquehanna Valley Credit Union for the payment of said loan shall continue without modification or interruption until the loan is paid in full. Upon execution of this Agreement, the parties shall obtain their own insurance in connection with their respective vehicles. 9. LIFE INSURANCE Husband shall maintain a policy or policies of life insurance on his life, in the total principal amount of not less than $200,000.00, naming Wife as sole beneficiary thereof. In the event Wife predeceases Husband, Husband shall continue to maintain said insurance, including the death benefit of $200,000.00; however, he shall designate the parties' son as the sole beneficiary of the afore-mentioned death benefit. Husband shall take no action wl~tich would reduce the death benefit 5 or otherwise change the coverage or affect the policy(ies) during his lifetime. It is intended, and Husband hereby agrees, to maintain a policy or policies of life insurance in the amount of $200,000.00 for the benefit of Wife and/or the parties' son, as described herein for a period often (10) years from the date of execution of this Agreement. Husband may, at his sole option, continue said coverage beyond the afore-mentioned ten (10) year period. Husband shall sign a Power of Attorney or other document authorizing Wife to obtain directly from the insurance company or companies issuing the policy(ies) pertinent to this provision, information regarding the maintenance of the policy(les), inclnding, but not limited to, the death benefit, beneficiary designation and status of premium payments. 10. FINANCIAL/INVESTMENT ACCOUNTS The parties hereby agree that each shall retain as his/her sole and separate property, free of any right, title, claim and interest of the other, any and all financial/investment accounts in their individual names. This shall include, but not be limited to, Wife's retention of the funds in her Commerce Bank Savings Account. 11. DISPOSITION OF REAL PROPERTY The parties acknowledge that they are presently the owners, as tenants by the entireties, of certain realproperty located at 1801 Creek View Court, New Cumberland, Cumberland County, Pennsylvania, the former marital residence. Husband shall, contemporaneously with the execution of this Agreement, execute a Deed conveying to Wife all of his right, title and interest in and to said real property. Unless otherwise specifically set forth in this Agreement, Wife hereby 6 assumes all liabilities and obligations, whether incurred prior or ~,;ubsequcnt to the date of execution of this Agreement, in connection with the upkeep and maintenance of the property, including, but not limited to, the mortgage and line of credit with Beneficial, real estate taxes, homeowner's insurance, assessments, utilities, repairs and improvements. Wife shall apply for financing in order to satisfy the outstanding mortgage and line of credit against the marital residence, not later than June 1, 2004. If Wife's application for financing is not approved, she shall nonetheless reapply every two (2) years thereafter until she is approved for the financing necessary to satisfy the outstanding principal balances of the mortgage and line of credit. 12. ALIMONY Husband agrees to pay Wife, as alimony each month, the amount equal to the principal and interest payment on the afore-mentioned mortgage and line of credit, so as to enable Wife to pay the outstanding mortgage and line of credit in a full and timely manner. Wife shall promptly apply the payments from Husband to the mortgage and line of credit. Upon completion of Wife's refinancing arrangements as described in Paragraph 11 of this Agreement, the amount of Husband's alimony payments shall not be modified to any extent. It is the intent and agreement of the parties that the amount of Husband's alimony payments to Wife shall not be less than the principal and interest of the mortgage and line of credit as of the date of execution of this Agreement. In the event Wife sells the former marital residence, Husband's obligation to pay Wife alimony shall nonetheless continue indefinitely or until his death in the monthly amount of the principal and interest of the mortgage and line of credit as of the date execution of this Agreement. Further, neither Wife's remarriage nor cohabitation shall affect Husband's obligation to pay Wife alimony as described in this Agreement. Other than as specifically set forth in this Agreement, the provisions pertaining to alimony shall not be subject to modification. The alimony payments shall be payable throu~Ja the Dauphin County Domestic Relations Office pursuant to an attachment of Husband's monthly Social Security payment, wages or any other source of funds. However, notwithstanding the afore-mentioned attachments, Husband agrees that the alimony payment shall be made in full each and every month. The alimony payments described herein shall not be includable in Wife's income and shall not be deductible by Husband nor shall the payments be an adjustment to Husband's gross income. 13. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the parties hereby acknowledge and agree that no obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party specifically waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 8 14. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The ]parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any dc~ress, undue influence or that there 9 was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 15. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire. Husband has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to him by legal counsel of his choice. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 16. TAX RETURNS The parties acknowledge that they have hereto:Pore filed certain joint income tax returns. The parties hereby agree that in the future, if any additional tax, penalties or interest or other liability shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority for failure to declare income or properly withhold income taxes or as a result of disallowance of a claimed deduction, said additional tax, penalties or interest shall be solely attributable to, be the responsibility of and be paid by the party failing to declare said income or properly withholding income taxes or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless ngainst all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or properly withhold income taxes or disallowance of the claimed deduction. The parties further 10 agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 17. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Unless otherwise specificallyprovided in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wifi:. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 18. COUNSEL FEES~ COSTS AND EXPENSES The parties shall be solely responsible for their ;respective counsel fees, costs and expenses which they have incurred with respect to their pendin~l divorce and related actions, with the exception that Husband shall pay to Wife the sum of $3,000.00 as reimbursement for her expenditure for counsel fees in this matter. 11 19. WAIVER OF INHERITANCE RIGItTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 20. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all fights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the 12 parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 21. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identi fled in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from arty obligation under this Agreement or any instrument or document executed pursuant to this Agree-ment. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereal~ter has for past, present or future support or maintenance, alimonypendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, 13 except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in or as to anybreach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either p~wty ever had or now has against the other. 14 22. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. ~?he 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. 23. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 24. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 25. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of'the Commonwealth of Pennsylvania in effec~I as of the date of execution of this Agreement. 26. SEVERABILITY If any provision of this Agreement is held by a co urt of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or inval:[dated in any way. 15 27. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 29. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not str/ctly for or against either of the parties. 30. MUTUAL COOPERATION Each party shall, on demand, execute and deliver ~Io the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the 16 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 actually incurred as a result of such failure. 31. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 32. DATE OF EXECUTION The "date of execution" or"execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed, by the last party to execute this Agreement. 33. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 34. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. 17 This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreetnent to be null and void. IN WITNESS WHEREOF, the parties hereto have se! their hands and seals the day and year first above written. WITNESSf /,. / ? RUTH ANNE MacKISSIC DONALD S. OBERSON 18 STATE OF PENNSYLVANIA COUNTY OF SS2 On this, the ,:~ ~' day of~, 2003. before me, the undersigned officer, personally appeared RUTIt ANNE MacKISSIC, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public STATE OF PENNSYLVANIA COUNTY OF btucz Ao/ SS: On this, the ] 'r'~ day of~, 2003, before me, the undersigned officer, personally appeared DONALD S. OBERSON, known to me {or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha~ad and official seal. Notary Public 95299.4 Exhibit A DEBTS OWED TO RUTH ANNE MACKISSIC BY DONALD SAUL OBERSON: Payment of Credit Card Balances = $15,000 Payment of Loan from American General Finance = $2,200 Payment of Mortgage for Two Months = $4,000 Payment of Taxes (Personal and Property) = $500 TOTAL AS OF May 15, 2003 = $21,700 Paul J. Esposit~, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Han~sburg, PA 17108-1268 (717) 234-4161;(717)234-4161 (facsimile) Counsel,for Plaintiff RUTH ANNE MACKISSIC, DONALD S. OBERSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1861 CIVIL TERM IN DWORCE 23,2003. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 F'a.C.S. Section 4904, relating to unswom falsification to authorities. Date: .¢~-/.2. ~ ,2003 ~.. ~- d~.~.-c ~-.7~_ .~ RUTH ANNE MACKISSIC Paul J. Esposito, Esqu~ I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Ha~sburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff RUTH ANNE MACKISSIC, DONALD S. OBERSON, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1861 CIVIL TERM IN DIVORC, E AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 23, 2003. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about April 24, 2003, via certified mail, restricted delivery. I verify that the statements made in this Affidavit are mae and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: d42. / 2003 DONALDS. OBERSON Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161~ (717) 234-4161 (facsimile) Counsel for Plaintiff RUTH ANNE MACKISSIC, DONALD S. OBERSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERi,AND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 03-1861 CIVIL TERM IN DWORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TIlE DIVORCE CODE 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 ifI do not claim them before a divome 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 unswom falsification to authorities. Date: ~'~,_2~r .~,Z~' ,2003 RUTH ANNE MACKISSIC Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Hanisburg. PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel,for Plaintiff RUTH ANNE MACKISSIC, Plaintiff DONALD S. OBERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1861 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 ifI 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 unswom falsification to authorities. DONALD S. OBERSON GOLDBERG, KATZ, MAN& SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, SU~awbeny Square Post Office Box 1268 Hanisburg, PA 17108-1268 (717) 234-4161 RUTH ANNE MACKISSIC, Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD S. OBERSON, : NO. 03-1861 Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, DONALD S. OBERSON, Defendant, acknowledge that I received a certified copy of the Complaint in Divorce and a copy of the Notice anti Affidavit under Section 3301(d) of the Divorce Code, both of which were filed on April 23, 2003, in the above-referenced matter by personally accepting service. I also acknowledge that I received a Counter-Affidavit under Section 330 l(d) of the Divorce Code by personally accepting service. Date: April 2~ , 2003 DONALD S. OBERSON, DEFENDANT RUTH ANNE MACKISSIC, DONALD S. OBERSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1861 CWIL TERM 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: Code. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant on April 24~ 2003. 3.(a) Date of execution of the affidavit of consent required by § 3301(c) of the Divome Code: by Plaintiff on July 25~ 2003 ; by Defendant on August IT 2003 . (b)(1) Date of execution of the Affidavit required by § 3301 (d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: August 13, 2003. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 13, 2003 ? ~ ~', ~ Attorney f6t: Pligntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF RUTH ANNE MACKISSIC Plaintiff VERSUS Defendant PENNA. NO. 03-1861 DECREE IN DIVORCE ,,~^ ,~1 · ,,~m~, '"'ri°" ' AND NOW,~, , It IS ORDERED AND DECREED THAT Ruth Anne MacKissic , PLAINTIFF, AND Donald S. Oberson ,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; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Separation and Property Settlement Agreement between the parties fully as though the same were set--forth t length. Said Agreement shall not merge with, but shall survive t~ecree. ~% PROTHONOTARY