HomeMy WebLinkAbout01-06830
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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VICTORIA ANN FREIMUTH,
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Plaintiff
No.
01-6830
CTVIL
VERSUS
DAVID ALAN FREIMUTH,
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Defendant
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DECREE IN
DIVORCE
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AND NOW,
"Jl~ S.,. ,2002 ,IT IS ORDERED AND
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VICTORIA ANN FREIMUTH
, PLAINTIFF,
DECREED THAT
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DAVID ALAN FREIMUTH
, DEFENDANT,
AND
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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MARRIAGE SETTLEMENT AGREEMENT INCORPORATED, BUT NO MERGED
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PROTHONOTARY
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VICTORIA ANN FREIMUTH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6830 CIVIL TERM
DAVID ALAN FREIMUTH,
Defendant
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. Grounds for divorce: irretrievable breakdown under ~3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint:
By certified mail on December 6,2001.
3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce
Code: by Plaintiff November 18, 2002; by Defendant November 15, 2002.
4. Related claims pending: All claims raised resolved in Marriage Settlement
Agreement dated November 7,2002.
5. Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: November 20,2002.
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was fIled with the
Prothonotary: November 18, 2002.
Date:
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Austin F. Grogan, squi e
Attorney for Plaintiff
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1956
Id # 59020
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AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the
Praecipe to Transmit the Record in the above-captioned matter to the Defendant, David
Freimuth, on November 21, 2002 at the following address: Andrea Eveler Stanley, Eveler &
Eveler, 101 S. Duke Street, York, PA 17403, which satisfied the requirements of service by mail
pursuant to Pa. R.C.P. 403.
I understand that false statements are made herein are made subject to the penalties of
Pa. C. S. ~ 4904, relating to unsworn falsification to authorities.
Date tt/'t--, 10....
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A~.!~
Attorney for Plaintiff
24 North 32m! Street
Camp Hill, PA 17011
(717) 737-1956
ill #59020
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01- LP.lo Goi L
PROPERTY SETTLEMENT AGREEMENT
This Agreement is made this "l--(IA day of NoVt!Wf ,g~ , 2002, at
York, Pennsylvania, between VICTORIA S. FREIMUTa, referred to as the
"WIFE", currently residing at 2904 Chesterbrook Court, Apartment 410,
Camp Hill, Pennsylvania, 17011, and DAVID A. FREIMUTH, referred to as
the "HUSBAND", currently residing at 636 Elliott Drive, Lewisberry,
Pennsylvania, 17339. They are collectively referred to as the
"PARTIES."
ARTICLE I.
RECITALS
1. The consideration for this Agreement is the mutual benefit to
be obtained by both Parties and the covenants and agreements of the
Parties to each other.
2. Each Party to this Agreement acknowledges and declares that he
or she respectively:
(a) Is represented by counsel of his or her own choosing,
or were given the opportunity to have counsel, but
chose not to have counsel.
(b) Is fully and completely informed as to the facts
relating to the subject matter of this Agreement and
as to the rights and liabilities of the Parties.
(e) Enters into this Agreement voluntarily after receiving
the advice of counsel.
(d) Has given careful and mature thought to the making of
this Agreement.
(e) Has carefully read each provision of this Agreement.
(f) Fully and completely understands each provision of this
Agreement, both as to subject matter and legal effect.
3. The Parties agree that the provisions contained in this
Agreement are final and cannot be modified other than by subsequent
written agreement of the Parties. The Parties agree not to raise the
matters covered by this Agreement in any divorce action.
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husband
The Parties were married on July 17, 1993, in Lancaster
Pennsylvania, and ever since that date have been, and are now,
and wife.
S. The Parties have one minor child, namely, Julia N. Freimuth,
born June 17, 1998.
6. The Parties agree that grounds for divorce from their bonds of
matrimony currently exist, and they are currently living separate and
apart. A complaint for the divorce of the Parties was filed by Wife
and is now pending.
It is specifically understood and agreed by and between the
parties hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement is predicated upon and made subject to the agreement for the
institution and consent of both parties to a No-Fault Divorce. Both
parties warrant they will sign Affidavits of Consent and any other
documents necessary to finalize a 3301(c) divorce contemporaneously
with this Agreement. Immediately thereafter, Wife's attorney will take
steps necessary to see that a divorce is properly granted. If they
fail to do so they agree to pay attorneys fees for the other to seek to
rescind this Agreement to void any transfers made hereunder.
ARTICLE II. PURPOSES OF AGREEMENT
AND EFFECTIVE DATE
Settlement of Property
7. It is the purpose and intent of this Agreement to settle
forever and completely the interests and obligations of the Parties in
all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title
23, Section 3501(a) and that is referred to in this Agreement as
"marital property", as between themselves, their heirs, and assigns.
The Parties have attempted to divide their marital property in a manner
that conforms to a just and fair standard, with due regard to the
rights of each Party. The division is made in consideration of the
following facts and circumstances: (a) the length of marriage; (b) age
and health of the Parties; (e) income and expenses of the Parties;
(d) contribution by the Parties to the marital estate; (e) the standard
of living established by the Parties during marriage; and (f) the
custody of the minor child. The division of marital property is
not intended by the Parties to constitute in any way a sale or exchange
of assets, and the division is being affected without the introduction
of outside funds or other property not constituting a part of the
marital property.
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Support of Spouses
8. The Parties intend by this Agreement to allocate sufficient
property and income to each so as to provide completely for all needs
of each for future support.
Effective Date
9. This agreement shall become effective at the date of
execution.
ARTICLE III.
DISCLOSURES
10. Each Party represents and warrants that he or she has made a
full and fair disclosure to the other of all of his or her property
interests of any nature, including any mortgage, pledge, lien, charge,
security interest, encumbrance, or restriction to which any
property is subject. Each party further represents that he or she
has made a full and fair disclosure to the other of all debts and
obligations of any nature for which he or she is currently liable or
may become liable. Each Party further represents and warrants that
he or she has not made any gift or transfer for inadequate
consideration of marital property without the prior consent to the
other. No representation or warranty by either Party in this Agreement
or in any writing furnished pursuant to this Agreement contains any
untrue statement of a material fact, or omits any material fact
required to make the statement not misleading.
11. Each Party acknowledges that, to the extend desired, he or
she has had access to all joint and separate state and federal tax
returns filed by or on behalf of either or both Parties during
marriage.
12. There are no actions or proceedings pending against either
Party or involving any marital property at law or in equity or before
any federal, state, municipal, or other governmental body. Neither
Party is aware of any facts that might result in any action, suit, or
proceeding against either Party or against any marital property.
Neither Party is in default with respect to any order or decree of any
court or of any governmental body, and no marital property is liable
for the payment of any obligation by order or decree of any court or
governmental body.
13. All federal, state, and local tax returns required to be
filed by the Parties have been filed, and all federal, state, and local
taxes required to be paid with respect to the periods covered by the
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returns have been paid. Neither Party has been delinquent in the
payment of any tax, assessment, or governmental charge. Neither Party
has had any tax deficiency proposed or assessed against him or her, no
has executed any waiver of the statute of limitations on the assessment
or collection of any tax.
ARTICLE IV. CONFIRMATION OF
SEPARATE ASSETS AND DEBTS
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separate
incident
Each Party releases forever any claim to or interest in
property of the other, whether the interest might arise
to the marital relationship or otherwise.
any
15. Each Party agrees to pay his or her separate debts incurred
during the marriage or after the date of separation, February, 2001.
Each agrees to hold the other harmless from any and all liability on
account of these separate debts and obligations. If any claim, action,
or proceeding seeking to hold the other Party liable on account of
these debts and obligations is instituted, the responsible Party will
at his or her sole expense defend the other Party, and indemnify the
other Party against any loss that he or she incurs as a result of the
claim, action, or proceeding.
ARTICLE V. DIVISION
OF ~ITAL PROPERTY
16. All marital property of the Parties subject to division in
this Agreement is set forth in the Statement, which is attached as
Exhibit "A" to this Agreement and incorporated by reference.
Property to Wife
17. Wife shall receive from the marital property, to own and
enjoy as her separate property, the following described properties,
rights, and interests:
(a) The joint Vanguard Money Market Account previously distribute
by the parties and the joint Vanguard Growth Index Fund;
(b) The Munder Funds Mutual Account No. 003221454;
(0) 1993 Jeep Grand Cherokee;
(d) VanWagoner Mutual Funds;
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(e) Rollover of $54,468 from Husband's Harley-Davidson, Inc.
Retirement Savings Plan via a Q.D.R.O.;
(f) PSERS Pension;
(q) Waypoint Bank Checking Account (previously distributed by the
parties);
(h) The sum of $14,000 payable upon the refinance of the marital
residence within sixty (60) days; and
(i) All personal property remaining in her possession.
Property to Husband
18. Husband shall receive from the marital property, to own and
enjoy as his separate property, the following described properties,
rights, and interests:
(a) Marital Residence: 636 Elliott Drive, Lewisberry,
Pennsylvania, 17339;
Wife transfers, assigns and conveys to Husband all of her right,
title and interest in the real property located at 636 Elliott Drive,
Lewisberry, pennsylvania 17339. Wife has, contemporaneously with the
execution of this Agreement, duly executed and acknowledged a deed and
has deposited said deed with Husband's attorney, Andrea Eve1er Stanley,
Esquire, for recording, upon the refinancing of the GMAC mortgage and
PSECU home equity loan.
(b) Waypoint Bank Checking Account previously distributed by the
parties;
(0) All Harley-Davidson, Inc. Plans, including but not limited to,
Harley-Davidson, Inc. Defined Benefit Pension, stocks, stock options
and the balance of the Retirement Savings Plan after the $54,468
rollover to Wife;
(d) 2001 Nissan Maxima;
(e) The remaining Van Guard Funds; and
(f) All personal property remaining in his possession.
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Assumption of Encumbrances and Indemnity
19. Each Party assumes all encumbrances and liens on all of the
property transferred to him or her pursuant to this Agreement as
specified below. Each Party agrees to indemnify and hold the other
party harmless from any claim or liability that the other Party may
incur because of any encumbrances or liens. If any claim, or
proceeding seeking to hold the other Party liable on account of any
lien or encumbrance is instituted, the responsible Party will at his or
her sole expense defend the other Party, and indemnify the other
party against any loss that he or she incurs as a result of the claim,
action, or proceeding.
Encumbrances Assumed by Husband
Property
636 Elliott Drive
Lewisberry, PA 17339
Lienholder Amount
GMAC $89,503*
636 Elliott Drive
Lewisberry, PA 17339
PSECU $23,821*
2001 Nissan Maxima
Nissan Motor Acceptance $25,000 +/-
Corp.
*Debts will be refinanced within sixty (60) days of the date of this
Agreement.
Encumbrances Assumed by Wife
Property
Lienholder
Amount
None
Property Insurance
20. All insurance on property transferred pursuant to this
Agreement is assigned to the Party receiving the property, and payment
of the insurance premiums from this date on shall be the sole
responsibility of the Party to whom the insurance is assigned.
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Life Insurance
Life Insurance to Husband
21. As part of the equitable division of the marital property,
Wife shall assign her interest in and Husband shall be the sole owner
of any life insurance policies insuring his life.
Life Insurance to Wife
22. As part of the equitable division of the marital property,
Husband shall assign his interest in and Wife shall be the sole owner
of any life insurance policies insuring her life.
Execution of Assignment Form
23. On entry of the divorce decree of the Parties, each shall
execute an assignment form acceptable to the insurer to effect a
complete release of all interest and incidents of ownership in life
insurance assigned to the other.
ARTICLE VI.
PAYMENTS OF DEBTS AND OBLIGATIONS
Joint Debts
24. There are no joint debts or obligations of the Parties.
Debts to be Paid
25. Each party shall be responsible for the payment of any credit
cards in their individual names.
Payment of Taxes
26. Each Party agrees to continue to make all books, records, tax
returns, journals, ledgers, and any other bookkeeping or financial
information of any nature available to the other at any time after the
judgment of divorce. Each Party shall be allowed to consult with the
accountants or tax counsel of the other for the purpose of gathering
any information necessary for the preparation and filing of any tax
return.
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Alimony, Alimony Pendente Lite,
Spousal Support, Counsel Fees and Costs
Waiver
27. Parties acknowledge that Sections 3701 and 3702 of the
Divorce Code provide for reasonable alimony to either party. It is
hereby mutually agreed that neither party hereto shall seek and does
hereby waive, their right to seek now and in the future, payment of
alimony, alimony pendente lite, spousal support, counsel fees, costs
and expenses and any other charges of any nature whatsoever pertaining
to any divorce proceeding which may be instituted in any Court in the
Commonwealth or any jurisdiction, and each of the parties acknowledge
that the provisions of this Agreement provide for their own separate
and independent support and maintenance.
Waiver of Specified Claims
28. The parties agree that each party does hereby waive their
right to seek now, and in the future, all or any portion of the other's
pension, retirement, thrift savings, profit sharing plans through thei
respective employers, or any individual retirement accounts.
Custody
29. The parties shall share joint legal custody. Mother and
Father will exercise joint physical custody in accordance with the
schedule established since the date of separation.
Child Support
30. The child support was been established by an Order dated
August 9, 2002. A copy is attached as Exhibit "B". Mother, Victoria
Freimuth, shall be entitled to claim Julia Freimuth as a deduction
during the even numbered years and Father, David Freimuth, shall be
entitled to claim Julia Freimuth as a deduction in the odd numbered
years. This selection shall commence with the calendar year 2002.
ARTICLE VII.
GENERAL PROVISIONS
31. Except as specifically set forth in this Agreement, each
Party to this Agreement releases the other from all claims,
liabilities, debts, obligations, and causes of action that have been
incurred during the marriage between the Parties.
32. All existing charge accounts and credit cards in the names 0
Husband and Wife, or in the name of either of them under which the
other may be extended credit for purchases, shall be closed or
surrendered to their issuer as of the effective date of this Agreement.
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33. The Parties shall live separate and apart from each other.
Neither Party shall interfere with the other Party in any respect.
Each Party may carryon and engage in any employment or other activity,
as he or she may deem desirable for his or her sole use and benefit.
Neither Party shall interfere with the use, ownership, or
disposition of any property now owned by or subsequently acquired by
the other. .
34. All statements of fact contained in any document delivered by
either Party to the other for information or reliance pursuant to this
Agreement shall be considered representations and warranties under this
Agreement. All representations and warranties of the Parties shall
survive the entry of the divorce decree.
35. Each Party waives any and all of the following rights:
(a) To inherit any part of the estate of the other at his
or her death.
(b) To receive property from the estate of the other by
bequest or devise, except under a will or codicil
dated subsequent to the effective date of this
Agreement.
(e) To act as a personal representative of the estate of
the other on intestacy.
(d) To act as an executor under the will of the other,
unless nominated by a will or codicil dated subse-
quent to the effective date of this Agreement.
36. Each of the Parties shall on demand execute and deliver any
document and do any act that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If either
Party fails on demand to comply with the provision, that Party shall
pay to the other all attorney's fees, costs, and other expenses
reasonably incurred as a result of the failure. If either party
breaches any provision of this Agreement, the other shall have the
right, at his or her election, either to sue for specific performance
of this Agreement or to sue for damages premises upon said breach. In
such proceedings, the only issue shall be whether one or both of the
parties has breached the Agreement and in no 'event shall either Husband
or Wife, their attorneys or legal representatives," have the right to
question any of the provisions of this Agreement.
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37. This Agreement, at the option of either party, may be
submitted to a Court having jurisdiction over the marital action
between Husband and Wife so that this Agreement can become part of any
Decree of Divorce issued by said Court and may be made a part of said
Decree and any judgment thereon with jurisdiction remaining in
the Court so that the terms hereof are complied with. The Agreement,
however, will survive the Decree of Divorce and not be merged into it.
38. Regardless of whether this Agreement is made a part of a
Court Order, this Agreement may be enforced as provided in Sections
3502(e) and 3105(a) of the Divorce Code.
39. In the event that either party must' bring an action based
upon the breach of the other for any of the terms and conditions of
this Agreement, the party having so breached the Agreement, the
responsibility for breaching the Agreement to be determined by a Court
of competent jurisdiction, agrees to be responsible not only
for the damages sustained by the non-breaching party, but also agrees
to reimburse the non-breaching party for any and all attorney's fees
and Court costs incurred because of the breach of the within Agreement.
40. This Agreement supersedes any and all other agreements
between the Parties, either oral or written, that relate to the rights
and liabilities arising out of the marriage. This Agreement
constitutes the entire agreement of the Parties.
41. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remalnlng provisions shall continue in full force and effect without
being impaired or invalidated.
42. The waiver of one Party of any breach of this Agreement by
the other Party-shall not be deemed a waiver of any other provision of
this Agreement or of any subsequent breach of the same provision.
Amendment or Modification
43. This Agreement may be amended or modified only by a written
instrument signed by both Parties.
Successors and Assigns
44. This Agreement, except as it otherwise expressly provides,
shall be binding on and shall inure to the benefit of the legatees,
devisees, heirs, executors, administrators, assigns, and successors in
interest of the Parties.
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Law Governing Agreement
45. This Agreement shall be governed by, and shall be construed
in accordance with, the laws of the Commonwealth of Pennsylvania.
Bankruptoy
46. The parties hereby agree that the provisions of the instant
agreement shall not be dischargeable in Bankruptcy and expressly agree
to reaffirm any and all obligations contained herein.
IN WITNESS of this Agreement, the Parties set their hands and
affix their seals on the date and year written above, with the intent
to be legally bound.
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VICTORrA ANN 7IMU~H ,J
~4/~~
DAVID ALAN FREIMU'l'H
(SEAL)
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ~d-
SS:
On this, the 7-rtJ day of (f1oIlUM~e:ri- , 2002, before
me, a Notary Public in and for said County and State, personally
appeared VICTORIA ANN FREIMUTH, 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 purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY BLI
NoIarial Seal
Rhonda D. Rudy, NoIaty p~
Camp HIlI Boro, CUmI:leIfaR:I COunly
My CommissIon Ellpires Aug. 12,2006
Mem!ler. PennoyIvanIa AssocIation Of NoIarieo
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF YORK
On this, the 1/v6 day of If) D l/~ A./-- , 2002, before
me, a Notary Public in and for said County and State, personally
appeared DAVID ALAN FRErMUTH, 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 purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~;J~
NOTARY PUBLIC
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(~) Vanguard Money Market Account
(b) The Munder Funds Mutual Account No. 003221454
(c) 1993 Jeep Grand Cherokee
(d) VanWagoner Mutual Funds
(e) Harley-Davidson, Inc. Retirement Savings Plan
(f) PSERS Pension
(g) Waypoint Bank Checking Account
(b) Personal property
(~) Marital Residence: 636 Elliott Drive
Lewisberry, PA 17339
(j) Harley-Davidson, Inc. Stock and Stock Options
(k) Harley-Davidson, Inc. Pension
(1) 2001 Nissan Maxima
EXHIBIT "A"
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J.JI LB" \..-uun Ul ,-,ummun rleas 01 CUMBEIU,AND, County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant
) Order Number
)
) PACSES Case Nmnber
) Docket N\Ul1ber
) Other State ID Number
00595. S2002
. 939104640 /'t>3lfSI
00595 .S200.2.
VICTORIA S. FREIMUTH
Plaintiff
vs.
DAVID.A. FREIMUTH
OlillER OF COURT
o Final (i) Interim 0 Modified
AND NOW,
9TH DAY OF AUGUST,2002
,based upon the Court's
dete11I1inlition that the Payee's monthly net income is $ 3, 40.1 . 40
and the Payor's
monthly net income is $ 5,786.45
, it is hereby ordered .that the Payor pay to the
PennSylvania State Collection and Disbursement Uriit .
.,
FIVE HUNDRED SEVENTY-TWO;AND 00/100
Dollars ($ 572.00
) a month payable.
MONTHLY
as follows: first payment due
. .
IN THE AMOUNT OF $472.00/MO CURRENT SUPPORT AND $100.00/MO 1\l!REARS(SEE PAGE 3)
The effective date of the order is 07/08/02.
Arrears set at $ 974.00
as of AUGUST 9, 2002 are due in full
, . - : - .
,. . . , .
. . .
IMMEDIATELY. All terms of this Order are subject to coll~tion arid/or enforcement by
contempt proceedings, credit bureau reporting, tax refund offset certificatiori,driver'slicense
revocation, and the freeze and seize of financial assets. These enforcementi collection
,
mechanisms will not be initiated as long as obligor does not owe overdue support. . Failure to
make ea,ch payment on time and in full will cause an.~ars to become subject to immediate
collection by all tl1e :~eans listed above.
.
For the Support of:
Name
Birth Date
JULIA NICOLE FREIMUTH
06/17/98
EXHIBT.o:r" "(liD
Service Type M
Form 0E-518
WorkerID 21100
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FREIMUTH
V. FREIMUTH
PACSES Case Number: 9391.04640
The defendant owes a total of $ 572.00
MONTHLY
$ 472.00
per month payable
for current support and $ 100.00
for arrears. The defendant must
also pay fees/costs as indicated below. This order is allocated and monies are to be applied as
follows:
Frequency Codes:
. Payment Amount!
FreqJlen~
$472.00
$ 0.00
$ 0.00
$0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
1 =One Time B =BiWeekIy 2 =Bi-Monthly
5 =Semi-Annually S =Semi-Monthly A =AnnuaUy
M =Monthly
W =Weekly
Q - Quarterly
Deht 1j(pe Oeocriptinn
Rtj11Aficiat}'
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CHILD SPT ALLOC JULIA NICOLE FREIMUTH
,.
Said money to be turned over by the Pa SCDU to:
VICTORIA SELLITTO FREIMUTH
. Payments must be made by check or
money order. All checks and money orders must be made payable toPa SCDU and mailed to:
Pa SCDU
P.O. Box 69110
Harrisburg, Pal7106-9110
Payments must include the defendant's PACSES Member Nwnber or Social Security Nwnber
in order to be processed. Do not send cash by mail.
Service Type M
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Page 2 of 4
Form OE-518
Worker ID 21100
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FREIMUTH
V. FREIMUTH
PACSES Case Number: 939104640
Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse
are to be paid as follows: 63 % by defendant and 37 % by plaintiff. . The plaintiff is
responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed
medical expenses. G9 Defendant(i) Plaintiff 0 Neither party to provide medical insurance
coverage. Within thirty (30) days after the entry of this order, the (i)Plaintiff i
I
GV Defendant shall submit to the person having custody of the child(ren) written proof that
medical insurance coverage has been obtained or that application for coverage has been made.
Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage
provider(s); 2) any applicable identification numbers; 3) any cards evidencmg coverage; .
4) the address to. which claims should be made; 5) a description of any restrictions on usage,
such as prior approval for hospital admiSsions, and the manner of obtaining approval;
6) a copy of the benefit booklet or coverage contract; 7) a description of alldeductibles and
co-payments; and 8) five copies of any claim forms.
Other Conditions:
REQUEST FOR SPOUSAL SUPPORT IS DISMISSED AS IT HAS BEEN WITHDRAWN BY
THE PlAINTIFF.
CURRENT SUPPORT AMOUNT IS A $522.00 PER MONTH DOWNWARD DEVIATION FROM
TIlE GUIDELINES WHICH TAKES INTO CONSIDERATION TIlE PARTIES' REQUEST THAT THE
DEFENDANT CONTINUE TO PAY THE ENTIRE CHILD CARE EXPENSE DIRECTLY TO THE
PROVIDER.
CUjmENT SUPPORT AMOUNT ALSO TAKES INTO CONSIDERATION THE PARTIES' 50/50
CUSTODY ARRANGEMENT AND ANNUAL ALTERNATING TAX FILING STATUS.
Defendant shall pay the following fees:
Fee Total
$ 5 .00
$ 25.00
$ 0.00
$ 0.00
$ 0.00
Fee Descril'tion
for JUDICIAL COMPUTER FEE
for COURT COSTS
for
for
for
Pl\Ymetlt Frequency
Payable at $ 0 . 00
Payable at $ 0 . 00
Payable at $ 0.00
Payable at $ 0.00
Payable at $ 0.00
perONE TIME
per ONE TIME
per
per
per
Page 3 of 4
Fonn 0E-518
Worker 1D 21100
Service Type M
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FREIMUTH
V. FREIMUTH
PACSES Case Nwnber: 939104640
. .
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IMPORTANT LEGAL NOTICE
PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND
THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGR IN CmCUMSTANCES RELEVANT
TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPOln ORDER, INCLUDING,
BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT ANO CHANGE, OF
PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ,ANY ,CHILD RECEIVIN,G SUPPpRT. A PARTY
WHO W/UFUILY FAILS TO KEPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE'rmJUDGED IN
CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED.
PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BERE~AT LEAST
ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF'
YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUSt DO THE
FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY
(ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION.
, ,
ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE,INCLUDING
UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY
PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE.
A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT, IS NOT IN
ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT
OBUGATlON AND (I) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE
IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN
THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT.
UNPAID ARREARAGE BALANCE$ MAY BE REPORTED TO CREDIT AGENCIES. ON AND
AFfER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY
OPERATION OF LAW; A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL
PROPERTY.
IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be
arrested and brought before the Court for a Contempt hearirig; payor's wages, salary,
commissions, and/or income may be attached in accordance with law; this Order will be
increased without further hearing by 0 % a month until all arrearages are paid in, fulL Payor
is responsible for court costs and fees.
Copies delivered to parties .
Date
Consented:
Plaintiff
Plaintiff's Attorney
Defendant
Defendant's Attorney
BY THE, CCWO . ,T T:.
L ~. 4..
Judge
Page 4 of4
Form 0E-SI8
Worker In 21100
Service Type M
W"',I1!if'~rrTII.,
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01- I.:,?.JO Gu~lY~
IN DIVORCE
VICTORIA ANN FREIMUTH,
Plaintiff
DAVID ALAN FREIMUTH,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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, 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB 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 LffiERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0/- t-f>Jo 8o'~l~~
IN DIVORCE
VICTORIA ANN FREIMUTH,
Plaintiff
DAVID ALAN FREIMUTH,
Defendant
COMPLAINT
1. The Plaintiff is Victoria Ann Sellitto Freimuth, Social Security nwnber 226-66-
1661, who currently resides at 2904 Chesterbrook Court, Apt. 410, Camp Hill, Cumberland
County, Pennsylvania 17011.
2. The Defendant is David Alan Freimuth, Social Security nwnber 207-44-7510, who
currently resides at 636 Elliott Drive, Lewisberry, P A 17339.
3. Plaintiff and Defendant have been bona fide residents in 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 July 17, 1993 at Lancaster County,
Pennsylvania.
COUNT I - DIVORCE
5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as
though set forth in full.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections
3301(c) and 3301(d), in that:
a) The marriage is irretrievably broken.
b) Plaintiff and Defendant have lived separate and apart since February
8,2001 and continue to do so.
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8. The 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.
9. Defendant is not a member of the armed services.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce.
COUNT 11- EOUITABLE DISTRIBUTION
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as
though set forth in full.
11. Plaintiff and Defendant have acquired property, both real and personal, during their
marriage from July 17, 1993 until February 8, 2001, the date of their separation, which property is
"marital property" .
12. Plaintiff and Defendant may have owned, prior to the marriage, property which has
increased in value during the marriage and/or which has been exchanged for other property, which
has increased in value during the marriage, all of which property is "marital property".
13. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property prior to the flling of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property.
Respectfully submitted,
Austin F. Grogan,
24 North 3200 Stre
Camp Hill, PA 17011
(717) 737-1956
Attorney for Plaintiff
J.D. #59020
Date t/;;;/a
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VERIFICATION
I, VICKI ANN FREIMUTH, verify that the statements made in the foregoing Complaint are
true and correct to the best of my knowledge, information, and belief. 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
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VICKI ANN FREIMUTH
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VICTORIA ANN FREIMUTH
PLAINTIFF
NO. 01-6830
VS.
DAVID ALAN FREIMUTH
DEFENDANT
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY
PLEASE ENTER MY APPEARANCE ON BEHALF OF THE DEFENDANT, DAVID ALAN
FREIMUTH.
~
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER
101 SOUTH DUKE STREET
YORK, PA 17403
(717) 845-2757
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, 2002
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VICTORIA ANN FREIMUTH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6830 CIVIL TERM
DAVID ALAN FREIMUTH,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 30, 2001.
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. S.4904 relating to unsworn
falsifIcation to authorities.
Date
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VICTORIA ANN FREIMUTH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6830 CIVIL TERM
DAVID ALAN FREIMUTH,
Defendant
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 if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsifIcation to authorities.
Date:
II Jli/I)}..
V/CJh.:Z- {Jo. -t-
VICTORIA ANN FREIMUTH
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VICTORIA ANN FREIMUTH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6830 CML TERM
DAVID ALAN FREIMUTH,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 30,2001.
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 1/1/ Sl&l-
-D~#~~
DAVID ALAN FREIMUTH
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VICTORIA ANN FREIMUTH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6830 CIVIL TERM
DAVID ALAN FREIMUTH,
Defendant
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 if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is fIled with the
Prothonotary .
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904
relating to unsworn falsifIcation to authorities.
Date: 11/15/02-
~fl<4~
DAVID ALAN FREIMUTH
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VICTORIA ANN FREIMUTIl,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6830 CIVIL TERM
DAVID ALAN FREIMUTIl,
Defendant
IN DIVORCE
AFFIDA vrr OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Austin F. Grogan, being dilly sworn according to law, deposes and says that he is the
attorney for Plaintiff, Victoria Ann Freimuth, and that he did mail a true and correct copy of the
Complaint in Divorce in the above matter, by certified mail, return receipt requested, to the
Defendant, David Alan Freimuth, on December 3, 2001 at his last known address: 636 Elliot
Drive, Lewisberry, PA 17339, which satisfied the requirements of service by mail pursuant to
Pa.R.C.PA03. The signed receipt acknowledging receipt on December 6, 2001 is attached hereto
as Exhibit "A".
Date tvJI1l}{
I
Austin F. Grogan, quire
24 North 32nd S
Camp Hill, PA 17011
(717) 737-1956
Attorney for Plaintiff
ID #59020
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or on the front if space permits.
1. Micle Addressed to:
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EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JJN 2 3 2003
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VICTORIA ANN FREIMUTH
Plaintiff
DOCKET NO. 01.6830
vs.
DAVID ALAN FREIMUTH
Defendant
ACTION IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 30" day of .J'y~
set forth below in items one through five,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six
through twenty:
, 2003 ,based on the findings
1. Parties: The parties hereto were husband and wife, and a divorce action is in
this Court at the above number. This Court has personal jurisdiction over the parties. The
parties were married on July 17, 1993 and divorced on December 5,2002.
2. Participant Information: The name, last known address, social security
number, and date of birth of the plan Participant are:
Name: David Alan Freimuth
Address: 636 Elliott Drive, Lewisberry, Pennsylvania 17339
Social Security Number: #207-44-7510
Birth Date: October 12, 1967
3. Alternate Payee Information: The name, last known address, social security
number, and date of birth of the Alternate Payee are:
Name: Victoria Ann Freimuth
Address: 2404 Chester Brook Court, Apt. 410, Camp Hill, Pennsylvania 17011
Social Security Number: #222-66-1661
Birth Date: October 24, 1968
The Alternate Payee shall have the duty to notify the plan administrator in writing of any
changes in her mailing address subsequent to the entry of this Order.
4. Plan Name: The name of the Plan to which this Order applies is the
Harley-Davidson Retirement Savings Plan for Salaried Employees (hereinafter referred to
as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for
provision of the Participant's benefits described below is incurred, shall also be subject to
the terms of this Order. Also, any benefits accrued by the Participant under a predecessor
plan of the employer or any other defined contribution plan sponsored by the Participant's
employer, whereby liability for benefits accrued under such predecessor plan or other
defined contribution plan has been transferred to the Plan, shall also be subject to the terms
of this Order.
Drafted: 6/18/03
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Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall
not affect Alternate Payee's rights as stipulated under this Order.
5. Effect of This Order as a Qualified Domestic Relations Order: This Order
creates and recognizes the existence of an Alternate Payee's right to receive a portion of
the Participant's benefits payable under an employer-sponsored defined contribution
pension plan that is qualified under Section 401 of the Internal Revenue Coda (the "Code")
and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to
constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the
Code and Section 206(d)(3) of ERISA.
6. Pursuant to State Domestic Relations Law: This Order is entered
pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania.
7. For Provisions of Marital Property Rights: This Order relates to the
provision of marital property rights as a result of the Order of Divorce between the
Participant and the Altemate Payee.
8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate
Payee an amount equal to Fifty-Four Thousand Four Hundred Sixty-Eight Dollars
($54,468.00) of the Participant's Total Account Balance, whether vested or unvested,
accumulated under the Plan as of February 8,2001 (or the closest valuation date thereto).
The Alternate Payee's account shall not be credited with any interest and investment
income (or losses) attributable thereon from February 8,2001 (or the closest valuation date
thereto), until the date of total distribution to the Alternate Payee. The Alternate Payee's
portion of the benefits shall be allocated on a pro rata basis from all of the accounts and/or
investment funds maintained under the Plan on behalf of the Participant.
The Alternate Payee shall receive a lump sum distribution of her interest in the
Plan which shall be transferred, via a direct rollover, to her IRA account with MetLife Bank,
c/o Masland & Barrick, Camp Hill, PA 17011, Account No. 222-66-1661 in the name of
Victoria S. Freimuth. This transfer shall be made in accordance with Plan procedures as
soon as administratively feasible following the qualification of this Order by the Plan
Administrator.
9. Alternate Payee's Rights and Privileges: On and after the date that this
Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate
Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to
all of the rights and election privileges that are afforded to Plan beneficiaries, including, but
not limited to, the rules regarding the right to designate a beneficiary for death benefit
purposes and the right to direct Plan investments, only to the extent permitted under the
provisions of the Plan.
1 O. p~ath of Alternate Payee: In the event of the ,Alternate Payee's death prior
to her receiving the full amount of benefits called for under thiS Order and under the benefit
opti.on chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as
designated on the appropriate form provided by the Plan Administrator (or in the absence
of a beneficiary designation, her estate), shall receive the remainder of any unpaid benefits
under the terms of this Order.
11. Death of Participant: In the event that the Participant dies prior to the date the
Alternate Payee receives a ~u~1 distribution of her int~r~st in the Plan, such Alternate Payee
shall be treated as the surviVing spouse of the Participant for any death benefits payable
under the Plan to the extent of the full amount of her benefits as called for under Paragraph 8
Drafted; 6/18/03
06-05-03-036-1695Q
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of this Order. Should the Participant predecease the Alternate Payee after distri~ution has
occurred, such Participant's death shall in no way affect the Alternate Payee's right to the
portion of her benefits as stipulated herein.
12. Savings Clause: This Order is not intended, and shall not be construed in such
a manner as to require the Plan:
(a)
(b)
(c)
to provide any type or form of benefit or any option not otherwise
provided under the terms of the Plan;
to require the Plan to provide increased benefits determined on
the basis of actuarial value;
to require the payment of any benefits to the Alternate Payee
which are required to be paid to another alternate payee under
another order that was previously deemed to be a QDRO; or
to make any payment or take any action which, is inconsistent with
any federal or state law, rule, regulation or applicable judicial
decision.
(d)
13. Certification of Necessary Information: All payments made pursuant to
this Order shall be conditioned on the certification by the Alternate Payee and the Participant
to the Plan Administrator of such information as the Plan Administrator may reasonably
require from such parties to make the necessary calculation of the benefit amounts contained
herein.
14. Continued Qualified Status of Order: It is the intention of the parties that this
QDRO continue to qualify as a QDRO under Section 414(p) of the Code, as it may be
amended from time to time, and that the Plan Administrator shall reserve the right to
reconfirm the qualified status of the Order at the time benefits become payable hereunder.
15. Tax Treatment of Distributions Made Under This Order: For purposes of
Sections 402(a) of ERISA and 72 of the Code, any Alternate Payee who is the spouse or
former spouse of the Participant shall be treated as the distributee of any distribution or
payments made to the Alternate Payee under the terms of this Order, and as such, will be
required to pay the appropriate federal income taxes on such distribution.
The tax basis of the assets awarded to each party by this Order shall be a
proportionate share of the Participant's total tax basis in all the as,sets currently held in the
Plan. The Participant shall make such documents and records as are reasonably required
by the Alternate Payee to determine such tax basis available to the Alternate Payee.
16. Constructive Receipt: In the event that the Plan Trustee inadvertently pays
to the Participant any benefits that are assigned to the Alternate Payee pursuant to the
terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the
extent that the Participant has received such benefit payments, and shall forthwith pay such
amounts so received directly to the Alternate Payee within ten (10) days of receipt.
In the event that the Plan Trustee inadvertently pays to the Alternate Payee
any benefits that are to remain the sole property of the Participant pursuant to the terms of
this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that
the Alternate Payee has received such benefit payments, and shall forthwith pay such
amounts so received directly to the Participant within ten (10) days of receipt.
Crafted: 6/18/03
06-05-03-036-1695Q
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17. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Order to the extent required to maintain its qualified status and the original intent of the
parties as stipulated herein. The Court shall also retain jurisdiction to enter such further
orders as are necessary to enforce the assignment of benefits to the Altemate Payee as
set forth herein, including, but not limited to, the recharacterization thereof as a division of
benefits under another plan, as applicable, or to make an award of alimony, if applicable, in
the event that the Participant or the Plan Administrator fail to comply with the provisions
contained in this Order requiring said payments to the Altemate Payee.
18. Effect of Plan Termination: In the event of a Plan termination, the Alternate
Payee shall be entitled to receive her portion of the Participant's benefits as stipulated
herein in accordance with the Plan's termination provisions for participants and beneficiaries.
19. Actions by Participant: The Participant shall not take any actions, affirmative or
otherwise, that circumvent the terms and provisions of this Qualified Domestic Relations
Order, or that diminish or extinguish the rights and entitlements of the Altemate Payee as set
forth herein. Should the Participant take any action or inaction to the detriment of the
Altemate Payee, the Participant shall be required to make sufficient payments directly to the
Altemate Payee to the extent necessary to neutralize the effects of the Participant's actions
or inactions, and to the extent of the Altemate Payee's full entitlements hereunder.
20. Notice of Pending Retirement: In the event that the Plan Administrator
requires the Alternate Payee to wait until the Participant's actual date of termination of
employment or retirement before becoming eligible to receive her distribution, then the
Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days
following his termination of employment or retirement. The notice shall be sent via regular
first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any
changes in her mailing address,
BY THE COURT:
Drafted: 6/18/03
06-05-03-036-1695Q
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VICTORIA ANN FREIMUTH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 01-6830 CIVIL TERM
DAVID ALAN FREIMUTH, IN DIVORCE
Defendant
To: The Honorable Kevin A. Hess
And, now this .;i.-~ day of September 2003, the Plaintiff Victoria A. Freimuth
by and through her attorneys Coyne & Coyne, P.C. aver the following:
1. Plaintiff and Defendant entered into a comprehensive Marriage Settlement
Agreement which was incorporated but not merged into the December 5,
2003 Divorce Decree (copy attached);
2. Plaintiff and Defendant agree wife will receive $54,468.00 from
Defendant's Harley-Davidson, Inc. Retirement Savings Plan via a QDRO;
WHEREFORE, Plaintiffrequests the Honorable Court to sign the QDRO inorder
to complete the transfer of agreed funds.
Respectfully submitted
COYNE & COYNE, P.C.
Austin F. Grog s .
3901 Market Street
CampHill,PA 17011
717-737-0464
ID #59020
Attorney for Plaintiff
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PROPERTY SETTLEMENT AGREEMENT
This Agreement is made this l.p- day of l'Jrtembif , 2002, at
York, Pennsylvania, between VICTORIA S. FRELMUTH, referred to as the
"WIFE", currently residing at 2904 Chesterbrook Court, Apartment 410,
Camp Hill, Pennsylvania, 17011, and DAVID A. FREIMUTH, referred to as
the "HUSBAND", currently residing at 636 Elliott Drive, Lewisberry,
Pennsylvania, 17339. They are collectively referred to as the
"PARTIES."
ARTICLE I.
BECITALS
1. The consideration for this Agreement is the mutual benefit to
be obtained by both Parties and the covenants and agreements of the
Parties to each other.
2. Each Party to this Agreement acknowledges and declares that he
or she respectively:
(a) Is represented by counsel of his or her own choosing,
or were given the opportunity to have counsel, but
chose not to have counsel.
(b) Is fully and completely informed as to the facts
relating to the subject matter of this Agreement and
as to the rights and liabilities of the Parties.
(0) Enters into this Agreement voluntarily after receiving
the advice of counsel.
(d) Has given careful and mature thought to the making of
this Agreement.
(e) Has carefully read each provision of this Agreement.
(f) Fully and completely understands each provision of this
Agreement, both as to subject matter and legal effect.
3. The Parties agree that the provisions contained in this
Agreement are final and cannot be modified other than by subsequent
written agreement of the Parties. The Parties agree not to raise the
matters covered by this Agreement in any divorce action.
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County,
husband
The Parties were married on July 17, 1993, in Lancaster
Pennsylvania, and ever since that date have been, and are now,
and wife.
5. The Parties have one minor child, namely, Julia N. Freimuth,
born June 17, 1998.
6. The Parties agree that grounds for divorce from their bonds of
matrimony currently exist, and they are currently living separate and
apart. A complaint for the divorce of the Parties was filed by Wife
and is now pending.
It is specifically understood and agreed by and between the
parties hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this . .
Agreement is predicated upon and made subject to the agreement for the
institution and consent of both parties to a No-Fault Divorce. Both
parties warrant they will sign Affidavits of Consent and any other
documents necessary to finalize a 3301(c) divorce contemporaneously
with this Agreement. Immediately thereafter, Wife's attorney will take
steps necessary to see that a divorce is properly granted. If they
fail to do so they agree to pay attorneys fees for the other to seek to
rescind this Agreement to void any transfers made hereunder.
ARTICLE II. PURPOSES OF AGREEMENT
AND EFFECTIVE DATE
Settlement of Property
7. It is the purpose and intent of this Agreement to settle
forever and completely the interests and obligations of the Parties in
all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title
23, Section 3501(al and that is referred to in this Agreement as
"marital property", as between themselves, their heirs, and assigns.
The Parties have attempted to divide their marital property in a manner
that conforms to a just and fair standard, with due regard to the
rights of each Party. The division is made in consideration of the
following facts and circumstances: (a) the length of marriage; (b) age
and health of the Parties; (e) income and expenses of the Parties;
(d) contribution by the Parties to the marital estate; (e) the standard
of living established by the Parties during marriage; and (f) the
custody of the minor child. The division of marital property is
not intended by the Parties to constitute in any way a sale or exchange
of assets, and the division is being affected without the introduction
of outside funds or other property not constituting a part of the
marital property_
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Support of Spouses
8. The Parties intend by this Agreement to allocate sufficient
property and income to each so as to provide completely for all needs
of each for future support.
Effective Date
9. This agreement shall become effective at the date of
execution.
ARTICLE III.
DISCLOSURES
10. Each Party represents and warrants that he or she has made a
full and fair disclosure to the other of all of his or her property
interests of any nature, including any mortgage, pledge, lien, charge,
security interest, encumbrance, or restriction to which any
property is subject. Each party further represents that he or she
has made a full and fair disclosure to the other of all debts and
obligations of any nature for which he or she is currently liable or
may become liable. Each Party further represents and warrants that
he or she has not made any gift or transfer for inadequate
consideration of marital property without the prior consent to the
other. No representation or warranty by either Party in this'Agreement
or in any writing furnished pursuant to this Agreement contains any
untrue statement of a material fact, or omits any material fact
required to make the statement not misleading.
11. Each Party acknowledges that, to the extend desired, he or
she has had access to all joint and separate state and federal tax
returns filed by or on behalf of either or both Parties during
marriage.
12. There are no actions or proceedings pending against either
Party or involving any marital property at law or in equity or before
any federal, state, municipal, or other governmental body. Neither
Party is aware of any facts that might result in any action, suit, or
proceeding against either Party or against any marital property.
Neither Party is in default with respect to any order or decree of any
court or of any governmental body, and no marital property is liable
for the payment of any obligation by order or decree of any court or
governmental body.
13. All federal, state, and local tax returns required to be
filed by the Parties have been filed, and all federal, state, and local
taxes required to be paid with respect to the periods covered by the
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returns have been paid. Neither Party has been delinquent in the
payment of any tax, assessment, or governmental charge. Neither Party
has had any tax deficiency proposed or assessed against him or her, no
has executed any waiver of the statute of limitations on the assessmen
or collection of any tax.
ARTICLE IV. CONFIBMATION OF
SEPARATE ASSETS AND DEBTS
14.
separate
incident
Each Party releases forever any claim to or interest in
property of the other, whether the interest might arise
to the marital relationship or otherwise.
any
15. Each Party agrees to pay his ~r her separate debts incurred
during the marriage or after the date of separation, February, 2001.
Each agrees to hold the other harmless from any and all liability on
account of these separate debts and obligations. If any claim, action,
or proceeding seeking to hold the other Party liable on account of
these debts and obligations is instituted, the responsible Party will
at his or her sole expense defend the other Party, and indemnify the
other Party against any loss that he or she incurs as a resul-t of the
claim, action, or proceeding.
ARTICLE V. DIVISION
OF MARITAL PROPERTY
16. All marital property of the Parties subject to division in
this Agreement is set forth in the Statement, which is attached as
Exhibit "A" to this Agreement and incorporated by reference.
Property to Wife
17. Wife shall receive from the marital property, to own and
enjoy as her separate property, the following described properties,
rights, and interests:
(a) The joint Vanguard Money Market Account previously distribute
by the parties and the joint Vanguard Growth Index Fund;
(b) The Munder Funds Mutual Account No. 003221454;
(e) 1993 Jeep Grand Cherokee;
(d) VanWagoner Mutual Funds;
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(e) Rollover of $54,468 from Husband's Harley-Davidson, Inc.
Retirement Savings Plan via a Q.D.R.O.;
(f) PSERS Pension;
(q) Waypoint Bank Checking Account (previously distributed by the
parties);
(h) The sum of $14,000 payable upon the refinance of the marital
residence within sixty (60) days; and
(i) All personal property remaining in her possession.
Property to Husband
18. Husband shall receive from the marital property, to own and
enjoy as his separate property, the following described properties,
rights, and interests:
(a) Marital Residence: 636 Elliott Drive, Lewisberry,
Pennsylvania, 17339;
Wife transfers, assigns and conveys to Husband all of her right,
title and interest in the real property located at 636 Elliott~Drive,
Lewisberry, Pennsylvania 17339. Wife has, contemporaneously with~t:he
execution of this Agreement, duly executed and acknowledged a deed and
has deposited said deed with Husband's attorney, Andrea EveleruS.tanley,
Esquire, for recording, upon the refinancing of the GMAC mortgage and
PSECU home equity loan.
(b) Waypoint Bank Checking Account previously distributed by the
parties;
(e) All Harley-Davidson, Inc. Plans, including but not limited to,
Harley-Davidson, Inc. Defined Benefit Pension, stocks, stock options
and the balance of the Retirement Savings Plan after the $54,468
rollover to Wife;
(d) 2001 Nissan Maxima;
(e) The remaining Van Guard Funds; and
(f) All personal property remaining in his possession.
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Assumption of Encumbrances and Indemnity
19. Each Party assumes all encumbrances and liens on all of the
property transferred to him or her pursuant to this Agreement as
specified below. Each Party agrees to indemnify and hold the other
Party harmless from any claim or liability that the other Party may
incur because of any encumbrances or liens. If any claim, or
proceeding seeking to hold the other Party liable on account of any
lien or encumbrance is instituted, the responsible Party will at his or
her sole expense defend the other Party, and indemnify the other
Party against any loss that he or she incurs as a result of the claim,
action, or proceeding.
Encumbrances Assumed by Husband
Property
Lienholder Amount
636 Elliott Drive
Lewisberry, PA 17339
GMAC $89,503*
636 Elliott Drive
Lewisberry, PA 17339
PSECU $23,821*
2001 Nissan Maxima
Nissan Motor Acceptance $25,000 +/-
Corp.
*Debts will be refinanced within sixty (60) days of the date of this
Agreement.
Encumbrances Assumed by Wife
Property
Lienholder
Amount
None
Property Insurance
20. All insurance on property transferred pursuant to this
Agreement is assigned to the Party receiving the property, and payment
of the insurance premiums from this date on shall be the sole
responsibility of the Party to whom the insurance is assigned.
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Life Insurance
Life Insurance to Husband
21. As part of the equitable division of the marital property,
Wife shall assign her interest in and Husband shall be the sole owner
of any life insurance policies insuring his life.
Life Insurance to Wife
22. As part of the equitable division of the marital property,
Husband shall assign his interest in and Wife shall be the sole owner
of any life insurance policies insuring her life.
Execution of Assignment Form
23. On entry of the divorce decree of the Parties, each shall
execute an assignment form acceptable to the insurer to effect a
complete release of all interest and incidents of ownership in life
insurance assigned to the other.
ARTICLE VI.
PAYMENTS OF DEBTS AND OBLIGATIONS
Joint Debts
24. There are no joint debts or obligations of the Parties.
Debts to be Paid
25. Each party shall be responsible for the payment of any credit
cards in their individual names.
Payment of Taxes
26. Each Party agrees to continue to make all books, records, tax
returns, journals, ledgers, and any other bookkeeping or financial
information of any nature available to the other at any time after the
judgment of divorce. Each Party shall be allowed to consult with the
accountants or tax counsel of the other for the purpose of gathering
any information necessary for the preparation and filing of any tax
return.
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Al.imony, Al.imony Pendente Lite,
Spousal Support, Counsel Fees and Costs
Waiver
27. Parties acknowledge that Sections 3701 and 3702 of the
Divorce Code provide for reasonable alimony to either party. It is
hereby mutually agreed that neither party hereto shall seek and does
hereby waive, their right to seek now and in the future, payment of
alimony, alimony pendente lite, spousal support, counsel fees, costs
and expenses and any other charges of any nature whatsoever pertaining
to any divorce proceeding which may be instituted in any Court in the
Commonwealth or any jurisdiction, and each of the parties acknowledge
that the provisions of this Agreement provide for their own separate
and independent support and maintenance.
Waiver of Specified Claims
28. The parties agree that each party does hereby waive their
right to seek now, and in the future, all or any portion of the other's
penslon, retirement, thrift savings, profit sharing plans through thei
respective employers, or any individual retirement accounts.
Custody
29. The parties shall share joint legal custody. Mother and
Father will exercise joint physical custody in accordance with the
mscnedule established since the date of separation.
Child Support
30. The child support was been established by an Order dated
August 9, 2002. A copy is attached as Exhibit nBH. Mother, Victoria
Freimuth, shall be entitled to claim Julia Freimuth as a deduction
during the even numbered years and Father, David Freimuth, shall be
entitled to claim Julia Freimuth as a deduction in the odd numbered
years. This selection shall commence with the calendar year 2002.
ARTICLE VII.
GENERAL PROVISIONS
31. Except as specifically set forth in this Agreement, each
Party to this Agreement releases the other from all claims,
liabilities, debts, obligations, and causes of action that have been
incurred during the marriage between the Parties.
32. All existing charge accounts and credit cards in the names 0
Husband and Wife, or in the name of either of them under which the
other may be extended credit for purchases, shall be closed or
surrendered to their issuer as of the effective date of this Agreement.
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33. The Parties shall live separate and apart from each other.
Neither Party shall interfere with the other Party in any respect.
Each Party may carryon and engage in any employment or other activity,
as he or she may deem desirable for his or her sole use and benefit.
Neither Party shall interfere with the use, ownership, or
disposition of any property now owned by or subsequently acquired by
the other.
34. All statements of fact contained in any document delivered by
either Party to the other for information or reliance pursuant to this
Agreement shall be considered representations and warranties under this
Agreement. All representations and warranties of the Parties shall
survive the entry of the divorce decree.
35. Each Party waives any and all of the following rights:
(a) To inherit any part of the estate of the other at his
or her death.
(b) To receive property from the estate of the other by
bequest or devise, except under a will or codicil
dated subsequent to the effective date of this
Agreement.
(0) To act as a personal representative of the estate of
the other on intestacy.
(d) To act as an executor under the will of the other,
unless nominated by a will or codicil dated subse-
quent to the effective date of this Agreement.
36. Each of the Parties shall on demand execute and deliver any
document and do any act that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If either
Party fails on demand to comply with the provision, that Party shall
pay to the other all attorney's fees, costs, and other expenses
reasonably incurred as a result of the failure. If either party
breaches any provision of this Agreement, the other shall have the
right, at his or her election, either to sue for specific performance
of this Agreement or to sue for damages premises upon said breach. In
such proceedings, the only issue shall be whether one or both of the
parties has breached the Agreement and in no event shall either Husband
or Wife, their attorneys or legal representatives, have the right to
question any of the provisions of this Agreement.
9
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37. This Agreement, at the option of either party, may be
submitted to a Court having jurisdiction over the marital action
between Husband and Wife so that this Agreement can become part of any
Decree of Divorce issued by said Court and may be made a part of said
Decree and any judgment thereon with jurisdiction remaining in
the Court so that the terms hereof are complied with. The Agreement,
however, will survive the Decree of Divorce and not be merged into it.
38. Regardless of whether this Agreement is made a part of a
Court Order, this Agreement may be enforced as provided in Sections
3502(e) and 3105(a) of the Divorce Code.
39. In the event that either party must bring an action based
upon the breach of the other for any of the terms and conditions of
this Agreement, the party having so breached the Agreement, the
responsibility for breaching the Agreement to be determined by a Court
of competent jurisdiction, agrees to be responsible not only
for the damages sustained by the non-breaching party, but also agrees
to reimburse the non-breaching party for any and all attorney's fees
and Court costs incurred because of the breach of the within Agreement.
40. This Agreement supersedes any and all other agreements
between the Parties, either oral or written, that relate to the rights
arid Tlabilities arising out of the marriage. This Agreement
constitutes the entire agreement of the Parties.
- 41. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall continue in full force and effect without
being impaired or invalidated.
42. The waiver of one Party of any breach of this Agreement by
the other Party' shall not be deemed a waiver of any other provision of
this Agreement or of any subsequent breach of the same provision.
Amendment or MOdification
43. This Agreement may be amended or modified only by a written
instrument signed by both Parties.
Successors and Assigns
44. This Agreement, except as it otherwise expressly provides,
shall be binding on and shall inure to the benefit of the legatees,
devisees, heirs, executors, administrators, assigns, and successors in
interest of the Parties.
10
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Law Governing Agreement
45. This Agreement shall be governed by, and shall be construed
in accordance with, the laws of the Commonwealth of Pennsylvania.
Bankruptcy
46. The parties hereby agree that the provisions of the instant
agreement shall not be dischargeable in Bankruptcy and expressly agree
to reaffirm any and all obligations contained herein.
IN WITNESS of this Agreement, the Parties set their hands and
affix their seals on the date and year written above, with the intent
to be legally bound.
r Uc.I;~ OV~~
VICTORIA ANN FREIMUTH
DaJjl~~
(SEAL)
(SEAL)
DAVID ALAN FREIMUTH
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF bvm/:Jvl/cuu:L
SS:
On this, the -7-r7t day of ,;jOV/:;)M ~e-tL , 2002, before
me, a Notary Public in and for said County and State, personally
appeared VICTORIA ANN FREIMDTH, 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 purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~~
NoIariaI Seal
Ahonda D. Rudy, No\aJy PullIic
Camp HlI Bolo, CllmbeIfand CounIy
My Corm1ission ExpiJ&s Aug. 12, 2006
Member. Pennsytvanla Association Of Nolatfes
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF YORK
On this, the // t,f day of Nd V~~ ,2002, before
me, a Notary Public in and for said County and State, personally
appeared DAVID ALAN FREIMDTH, 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 purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
. J ~ <
l,~ .A?I JVA/~~
~ NOTARY PUBLIC
J
Notarial Seal
Trova M. McWlma
Clly of York ~ ~ Public
My COIlllllI..... &pl.... Mar.nz. 2004
MfIIIlll8r, PennaylvanlaAssodaftonotNotanes
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(a) Vanguard Money Market Account
(b) The Munder Funds Mutual Account No. 003221454
(0) 1993 Jeep Grand Cherokee
(d) Vanwagoner Mutual Funds
(e) Harley-Davidson, Inc. Retirement Savings Plan
(f) PSERS Pension
(q) Waypoint Bank Checking Account
(h) Personal property
(i) Marital Residence: 636 Elliott Drive
Lewisberry, PA 17339
(j)Harley-Davidson, Inc. Stock and Stock Options
(k)Harley-Davidson, Inc. Pension
(1) 2001 Nissan Maxima
EXHIBIT "A"
13
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