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HomeMy WebLinkAbout03-2501GOLDBERG, 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 SHAUN DAVID APPEL, Plaintiff, Vo DOREEN KAREN APPEL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. -- l 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 notificacion de esta Demanda y Aviso radicando personalmeme o por 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 accion 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, KATZMAN & SHIPMAN, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff SHAUN DAVID APPEL, Plaintiff, DOREEN KAREN APPEL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING SHAUN DAVID APPEL, 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. Date: ,~"~2.-/- 05 .~UN DAVID GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff SHAUN DAVID APPEL, Plaintiff, Vo DOREEN KAREN APPEL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, SHAUN DAVID APPEL, is an adult individual, who currently resides at 4 Zenu Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, DOREEN KAREN APPEL, is an adult individual, who currently resides at 4 Zenu Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on May 16, 1997, in Winchester, Virginia. 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. 8. 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. PXUi j. gsP i o, SQui Supreme Cou~ ID ~25454 Post Office Box 1268 Ha~sburg, PA 17018-1268 A~omeys for Plaintiff (717) 234-4161 95837.1 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. Date: ,5'"~al]- 0.3 f ~~ S~DAVID Cumberland CO~MONWEJkCTH OF PENNSYLVANIA DEPARTMENT OF HEALTH' VITAL RECORDS RECORD OF NTl DIVORCE OR ANNU[~ME [~ (CHECK ONE) ~TATE FILE NUMOER STATE FILE DATE HUSBAND SSN: NAME (F~gst) S ~'AI~N (M~O~e) (Last) -]'2. DATE nc ~RRIAGE 1 S t J ~E B~CK OTHER (Spec N) ~ ~ USUAL OCCUPATION ~ ' ' ~Truck Driver 320-74-6439 (Monrn) 09 WIFE SSN: 160-62-8702 8. MALDEN NAME (First) (Middte) (State or Foreign Countq/) TL ~ ....... (last) -~ D~TFE (Month) 10. RESIDENCE Street or~ * ~ App=~ / .u. C, ty, 8orD. or Twp. County .~ ~L BIRTH - ~ 2 4 Zenu Road Mechani--~ ........ __,. i,~. P~LAfE (StataorFo~jn"Country) ~~.; oum~eriand Count , Penns lvania B~R~TH ,5'-7. P~_CEO-------F ~ [~ Assistant Liason ~ HIM (State or Fore.Jrt Country) (Year) 1965 (Day) ('fear) 26 1997 WIFE OTHER (Specify) (Year) TRANSCRIBING CLERK 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 SHAUN DAVID APPEL, Plaintiff, DOREEN KAREN APPEL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2501 IN DIVORCE ACCEPTANCE OFSERVICE Date: ~, 2003 I, CARA A. BOYANOSKI, Esquire, hereby accept service of the Complaint in Divorce filed on May 28, 2003, in behalf of DOREEN KAREN APPEL, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. ra A. Boyanoski,lEsqui~e AGREEMENT BETWEEN DOREEN K. APPEL AND SHAUN D. APPEL Cara A. Boyanowski, Esquire Paul J. Esposilo, Esquire Counsel for Wife Counsel for Husband TABLE OF CONTENTS SECTION I: Imroducfion 3 SECTION II: General Provisions 4 SECTION 1II: Child Custody, Child Support and Expenses, Health Insurance Provisions, Income Tax Deductions, and College Expenses 9 SECTION IV: Alimony and Alimony Pendente Lite Provisions SECTION V: Property Distribution Provisions SECTION VI: Closing Provisions and Execution SECTION I INTRODUCTION THIS AGREEMENT made this ~,~,(~ day of. ---~ , 2003, by and between DOREEN lC APPEL ("Wife") and SHAUN D. APPEL ("Husband"). WITNESSETH: WHEREAS, Doreen K. Appel, Social Security Number 160-62-8702, was born on July 26, 1965, and currently resides at 4 Zenu Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, Shaun D. Appel, Social Security Number 320-74-6439, was born on September 11, 1970, and currently resides at 4 Zenn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, the parties hereto are Husband and Wife, having been married on May 16, 1997, in Westchester, Virginia. WHEREAS, the parties are the parents of two minor children, namely, Nicholas Dalton Appel, born November 16, 1997, and Alexa Katelyn Appel, born September 24, 1992. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution &such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or &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 estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire and to Husband by his attorney, Paul J. Esposito, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, at%r having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. .PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel thc other to cohabit or dwell by any means whatsoever with him or her. S 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. 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 may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente 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, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, 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 or otherwise, 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 or the other or by way of dower, curtesy, widow'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 ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or terrilory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death oftbe other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right ofeitber party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and 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 party ever had or now has against the other. 6 9. FINANCIAL DISCLOSURE. Thc parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge 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, depositions and all other means &discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS_ Each party will keep and preserve for a period of four (4) years from the date oftbeir divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODI~iCAT1ON TO BE IN WRITING No modification or waiver of any oftbe terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event &default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach &contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may othe~cise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRA~TION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most a~er demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effeetuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right &such party hereafter to enforce the same, nor shall the waiver &any breach &any provision here&be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken fi.om this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with thc exception of the satisfacti°n of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. 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 9r effect. SECTION m CHILD CUSTODY, ;CHILD SUPPORT AND EXPENSES, HEALTH INSURANCE PROVISIONS AND INCOME TAX DEDUCTIONS 1. LEGAL CUSTODY OF NICHOLAS DALTON APPEL The parties agree that legal custody of their child, Nicholas Dalton Appel, bom November 16, 1997, shall be shared equally between them to assure neither parent shall be foreclosed in participating in all decisions affecting the ma~.ntenance, support, education, health, safety and welfare of the child during his minority. 2. PHYSICAL CUSTODY OF NICHOLAS DALTON APPEL A. Primary Physical Custody - The parties agree that Wife shall have primary physical custody of the parties' minor child, Nicholas Dalton Appel. B. Partial Physical Custody - Husband shall have liberal periods of partial physical custody of the parties' minor child, Nicholas Dalton Appel, to include, every Wednesday from 3:00 p.m. through 5:30 p.m., every Friday from 3:00 p.m. through 7:00 p.m., alternating weekends from Saturday at 9:00 a m through Monday at 5:30 p.m., and every alternating Monday, following Wife's weekend, from 7:30 a.m. through 5:30 p.m., and at other times as agreed between the parties. Husband agrees in the event. Wife is not scheduled to work on the Monday following her weekend period of custody, he will forfeit his Monday custody period and she may retain custody of the child. Pick up on weekdays shall be fi.om the child's daycare or school and drop-offs shall be at Wife's residence. Pick up and drop offfor weekends shall be from Wife's residence or a place mutually agreed upon by both parties. C. Father's Day/MotheF s Day - Husband shall have custody of the child on Father's Day from 7:00 p.m. on the Saturday preoexling Father's Day until 7:00 p.m. on Father's Day and Wife shall have custody of the child on Mo~ther's Day from 7:00 p.m. on the Saturday preceding Mother's Day until 7:00 p.m. on Mother, s DAY:. The Father's Day and Mother's Day holiday schedule shall supercede the regular custody sched~e. D. Holidays - All major holidays, i.e., Labor Day, Memorial Day, July Fourth, Easter and Thanksgiving Day, shall be alternated between the parties. The holiday schedule shall begin at 7:00 p.m. the day prior to the holiday and g,hall continue through the day of the holiday until 7:00 p.m. The holiday scheduled shall supercede the regular custody schedule. E. Christmas Holiday- The l~arties shall share the Chfi stmas Holiday schedule as follows: For the Christmas~ 2002 holiday, Wife shall exercise custody over the child from December f9~ at 3;30 p.m. through December 26* at 7:00 p.m. Husband shall exercise custody over the child from December 26* at 7:00 p.m. through January 1" at 8:00 a.m. Beginning December .2003 and in all odd numbered years thereafter, Husband shall exercise custody over the child from December 22~ at 8:00 a.m. through December 27~ al 8:00 a.m In all even numbered years Husband shall exercise custody over the child beginning December 27~ at 8:00 a.m. through January 1't at 8:00 a.m. F. Summer Vacation - Both parties may exercise two weeks of non-interrupted, non- consecutive, periods of custody over the child~ each summer, during the months of June, July and August. Said vacation period should be consistent with Husband or Wife's regular custodial weekend. Husband and Wife agree to provide the other with thirty days advance written notice of their intention to exercise their summer vacation. Each par~J agrees to permit at least thirty days between their two week periods. G. Right of First Refusal - In the event either party must leave the child for more than a two hour period of time during his/her periods of physical custody, each agrees to contact the other and permit him/her to pick up the child and care for him during his/her absence. The parties acknowledge that this "right" does not emend to playdates, birthday parties, etc. 3. LEGAL AND pIIYSICAL CUSTODY OF A1.EXA KATELYN APPEL The parties acknowledge that Husband legally adopted Alexa Kat elyn Appel, born September 24, 1992, however, both parties agree, in the best interest of Alexa Katelyn Appel, that sole legal custody and primary physical custody ofAlexa Katelyn Appel shall remain with Wife. Husband shall be entitled to periods of partial physical custody ofAlexa Katelyn Appel, consistent with the schedule of partial physical custody set forth above in Section III, Paragraph Two, regarding Nicholas Dalton Appel. It is specifically agreed between the parties that these periods of partial custody can be altered upon mutual agreement of the parties, when in Al exa Katelyn Appel's best interest. 4. CHILD SUPPORT AND EXPENSES The parties acknowledge that the Pa.R.C.P. provide guidelines for the payment of child support, however, the parties have agreed to an arrangement for child support independent of these guidelines. The parties acknowledge that the provisions for child support under the Pa.R.C.P. may be very different than the arrangements made herein and that the payments provided for in the ~, Agreement are purely contractual in nature. In the event that Husband or Wife were to bring an action ~°/~~ tq to seek child support through the Court of Common Pleas Domestic Relations Office, any payments l/ A[J due under this Agreement shall be deemed null and void and shall not be considered by the Domestic ,~' r~e!ations Office as any basis for the determination of support. In consideration of the above, the parties have agreed to enter into a child support agreement ~;. t ,...~n which HusbaEd would pay to Wife the sum of Six Hundred ($600.00) Dollars per month for a t~ ft4-~- bt 7~efi'gd of~:tg~o~_~g~n~s' This is a significant decrease flora the amount of child support .~(~- ~,LffB:kf~pSre)scribed under the Pennsylvania guidelines, however, the parties have consented to same due to Husband's agreement to waive any and all interest he may have in the current equity balance of the Marital Residence. The parties have calculated the current equity balance in the Marital Residence to be approximately Thirty-Four Thousand ($34,000.00) Dollars. ($179,000.00 [value of Marital [balance of em stmg mortgage] c $6,4~,~,~.~,, t,, ,~,~,, ,-v°~, ~,lu ...... o. ,-~- -- -, Residence] - $139,000.00 . . ,, ^,, r ~, _ __: .... 4: ......;~ etc.] In addition to accepting a decrease in her monthly child support payments, Wife has agreed to waive any support rights she maYi have against Husband for the care and support ofAlexa Katelyn Appel The parties acknowledge friar the provisions of this Paragraph are subject to review and modification by the Domestic Relations Office of Cumberland County upon petition of either party. 5. H~EALTH INSURANCE ;~ Wife shall provide health insU, Xance for the parties' children, al the present levels and providing substantially the same benefits as are now in effect, for so long as she is employed with the Pennsylvania Higher Education Assi'.stance Agency. In the event Wife's coverage should lapse, or the children are no longer eligible ~o receive coverage under Wife's plan, the parti~ agree to cooperale in providing health insurance for the children in the most advantageous manner possible. The parties further agree lhat all out of pocket expenses for'the children shall be split equally between the parti~. Husband shall provide dental Coverage for Nicholas Dalton Appel at the present levels and providing substantially the same benefits as are now in effect, for so long as he is able through his employer. COME TAX The parties agree tha't Wife shall;be entitled to claim the parties' children, Nicholas Dalton Appel and Alexa Kalelyn Appel, as depefidents on all of her future income taxgetums. agree ~o ~nancial]y sun,art chddr.~n-m .............. y ............... -st'ad~nt fi~mi,~,ial aidpm~,am~, ~ald cxpcn~-~ shall be pail 5V~o 0y l-lus0and and >u-/o uy '~~t be'defined to m~ ..... ,,.,~ ,~,~,., ,,,~ o~d ~.u ~y ~o~ ~~usban~'s 2vm'2~ ~-ss s~,~, i~c_~, ahould ~ncr~ PAGE 12 CHILD SUPPORT AND EXPENSES (NEW LANGUAGE) In the event Wife files a complaint for child support within the aforementioned 36-month period, wife shall pay to Husband, the remaining amount of equity, based on the calculation listed below in one lump sum representing his share of the equity in the former marital residence. Calculation: m~mber of months remaining from the original agreement of thirty-six (36) months ~ 398.18per month. Example: 24 months remaining on original agreement - 12 months of equity paid ~ 398.18 per month = $4,778.16. $21,000 Equity Buy-out figure minus $4,778.16 = $16,221.84 lump sum payment due. . . I ~6. 1NCOME TAX DEDUCTION (DEPENDENTS) Husband and Wife agree that if for any reason physical custody of Nicholas Dalton Appel shall change (60% or greater) from Mother to Father, Father shall have the right to claim him on ~ture income tax returns. If physical custody is shared (, Husband and W~fe further ag.rec, to alternate years (odd years for Husband) for the purchase of clmm~ng Nicholas Dalton Appel on future tax returns. SECTION IV ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS The parties acknowledge alnd agree that the provisions of this Agreement providing for equitable distribution of marital prol~erty are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and fmali settlement and satisfaction of any claims or demands that either may now or hereafter have against !the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further} voluntarily and intelligently, waive and relinquish any right to seek from the other payment for SUlitPort; maintenance, alimony pendente lite or alimony. SECTION V PROPERTY'i DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without \limitation, jewelry, clothes, furniture, furnishings, rugs, earpets, household equipment and appliaoces,, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husban~l agrees that all &thc property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims Which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of thc other. A list of the personal property ofboth"Husband and Wife is attached hereto and incorporated herein as Exhibit "1 ." e RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all &her retirement benefits and plans and Husband speCifically releases and waives any and all interest, claim or fight thru he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans and Wife specifically releases and waives any and all interest, claim or fight that she may have to these assets. 3. BANK ACCO.__UNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 4. AUTOMOBILES The parties are the owners of various automobiles including a Dodge Neon, a Dodge Pick-Up Truck, and a Buick Rendevous. Husband and Wife agree that the Buick Rendevous shall be the sole and separate property of Wife, and Husband waives any right, title, or interest he may have in this vehicle. Husband and Wife agree that the Dodge Neon and Dodge Pink-Up Truck shall be the sole and separate proper~ of Husband, and Wife waives any fight, title, or imerest she may have in this vehicle. Each party agrees to assume sole responsibility for any existing liens against his or her vehicle. 5. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credh cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability, except those provided herein. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. E-rcdit ~ e eragr s ~o mdenmify and'hokhHu~oo~.,, ,,o,,.,,,-o .......... ,,cbt. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 7. AFTER-ACQLqRED PROPERTY Each of the parties shall hewafler own and enjoy, independently of any claim or fight of the other, all items &property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after August 1, 2000, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. LIFE INSURANCE/DEATH BENEFITS. '- --:- - ~e~;h ~of ai least Thousand Hx~and agrc~ lo ,,iai,,: .... ~z; ~c a-c cr~''°"+'' +we ~vv,)~~ '~ ................... ~s-to maintain a d~th b~l~t ~,u~J .. It is understood by both pa~ies that the owner of the life insurance policy/death benefits sh~l not have the fi~t to su~ender, encumb~, or pla~ a lien ag~nst the co~us ofthe~ d~th benefits, w~le ~chol~ is und~ the age of~-~o (22) years, u~ess ~en pe~ssion is r~v~ ~om the oth~ p~ to do ~. Both pa~ies agree to pro, de the other ~th ~tten proof of the above beneflcia~ decimations, a~ually. 9. REAL ESTATE A. Marital Residence - The parties acknowledge that they are the owners of certain real property' known as 4 Zenu Road, Mechatficsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Marital Residence;'), which is subject to a mortgage. The parties agree as follows with respect to the Marital Residence: (1) Wife agrees that withb9 ninety (90) days following the date of execution &this Agreement, she will exercise all reasonable diligence to refinance the existing mortgage on the marital residence. 15 LIFE INSURANCE a. Husband is the owner of a life insurance policy through his employer. Husband agrees to name the children, Alexa Katelyn, Nicholas Dalton and Jessica Collins-Appel as the sole beneficiaries of this policy until such time as Nicholas Dalton Appel reaches the age of twenty-two (22) years. After Nicholas reaches the age of twenty-two (22) years, this provision shall become voluntary. Wife is the owner of a life insurance policy through her employer. Wife agrees to name the children, Alexa Katelyn Appel and Nicholas Dalton Appel, as the sole beneficiaries of this policy until such time as Nicholas Dalton Appel reaches the age of twenty-two (22) years. After Nicholas reaches the age of twenty-two (22), this provision shall become voluntary. (2) Simultaneously with the execution of this Agreement, Husband shall execute all documents necessary, includin8 a deed, to transfer all of his right, title and interest in the Marital Residence to Wife, and shall deliver said documems to Wife's counsel. Thereafter, Wife shall be the sole and separate owner of the Marital Residence. (3) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (4) Except as otherwise provided herein, upon refinance oftbe existing mortgage, Wife shall be solely responsible for all costs, expenses and liabilities associated with or atlributable to the Marital Residence regardless of when the same shall have been incmxed including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors; assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership imerest in said property. (Rest of page left blank intentionally.) 16 SECTION VI CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and p~ovisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. % , / } W1TI~SS ' t ' DATE F~B-26-2O03 ~D 04:05 P~ '" FA~ NO. P, 21 ~'.fe ~ri~he~ to m~in~i~ ~e ~ff~ce ~'~tu~e ~n~ compu~t for cbil~ ~' husband w~ ~tee. ff husband does not ~ m ~ccomm~da~e MONTHI~Y C¥IILD SUPPORT. PENNSYLVANIA GUIDELINES Two Children $1,281.67 (basic child support obligation) 600.00 (agreed upon award) $ 681.67 One Child $998.18 (basic child support obligation) - 600.00 (agreed upon award) $ 398.18 Paul J Esposito, Esquire ID. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C 320 Market S~'eet P. O. I~ox 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (Pacsimil¢) Counsel [or Plaintiff SHAUN DAVID APPEL, DOREEN KAREN APPEL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2501 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 28, 2003. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 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 divome being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about June 5, 2003, by virtue of my counsel, Cara A. Boyanowski, Esquire's, execution of an Acceptance of Service. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the pen~% of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date.~.. t/g /~'~ ,2003 .~Z.--'-. Paul J Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, PC. 320 Market Street P O Box 1268 Harrisburg, PA 17108~1268 (717) 234-4161~ (71'7) 234-4161 (facsimile) Counsel for Plaintiff SHAUN DAVID APPEL, DOREEN KAREN APPEL, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 03-2501 CIVIL TERM 1N 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. D~?.~/~d[ ,/~/, 2003 "---IbOR~E~N KAREN A~PPEL 7~. Paul J Esposito, Esqmre l D//25454 GOLDBERG, KATZMAN & SHIPMAN, P.C 320 Market Street P O Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161;(717)234-4161 (facsinfile) CSmnsel for Plaintiff SHAUN DAViD APPEL, DOREENKARENAPPEL, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2501 CiVIL TERM IN DWORCE 29, 2003. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 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 truc 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. ~~//5 ~~ Date: /'-; 5~'-~ ~ ~il/ S,H"AUN DAViD X~E'TL~z- I Paul J Esposito, Esquire ID tt25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P O Box I268 Harrisburg, PA 17108-1268 (717) 234 4161; (717) 234-4161 (~acsimile) Counsel for Plaintiff SHAUN DAVID APPEL, DOREEN KAREN APPEL, Plaintiff : Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 03-2501 CIVIL TERM 1N 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, la~vyer'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 relaCl~to unsworn falsification to authorities. ~/~"~, J2//~ Date: /- ~--67 q ~,/~°q'~/~~'/' sa>i AWr SHAUN DAVID APPEL, DOREEN KAREN APPEL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERL.~2qD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2501 CIVIL TERM 1N DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Transmit the record, together with the following information, to the Courtfor entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service executed by Cara A. Boyanowski~ Esquire, on June 5~ 2003. 3.(a) Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by Plaintiff on January 5, 2004 ; by Defendant on December 12, 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: January 6, 2004. Date Defendant's Waiver of Notice in § :3301(c) Divome was filed with the prothonotary: December 30, 2003. ! Attome ~/?brll~intiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATe Of SHAUN DAVID APPEL plaintiff VERSUS DOREEN KAREN APPEL Defendant PEN NA. No. 03~2501 Civil DECREE IN DIVORCE AND NOW,~ DECREED THAT SHAUN DAVID APPEL , -~=l~--~, IT IS ORDERED AND , PLAINTIFF, AND DOREEN KAREN APPEL , 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 condition of a certain Separation and Property Settlement Agreement between the parties dated June 20, 2003 , are hereby incorporated in this Decree by reference as fully as though the same were set forth herein at length. Said Agreement shall not mer_~e with. hut shal~ m~rv~w~ ~h~ 'D~v,~.