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HomeMy WebLinkAbout99-02696 ;.;~4~.. .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ~, STATE OF ~" 1~,;~:'~"', '" p:. ',rTlI., . '(: " t'~ '-' ~-,;~"';~:.::t~.;Jl-~' '''-''''..L...:--'-' PENNA. CATHY WIMER. . Plaintiff No. 99-2696 VERSUS DONALD K. 11IMER, Defendant . DECREE IN DIVORCE . AND NOW, M V c..\" ? '\ . IT IS ORDERED AND 2000 DECREED THAT rJ~rhy {o]; mt:lor , PLAINTIFF, AND Donald K. Wimer _, DEFEN DANT, 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; . The Property Settlement Agreement between the parties dated March 1, 2000, is hereby incorporated but not merged. I THONOTAR'( H * ~ .~ .;> ':;l> . . . ~"1~{)lt~":.~4-t-t)M-t4)<~)~)o:,.t-~":~!.{><!)(:w!.$.l)~t)(!.z>11-M'1#!.~~1#!~~)W~"W~, J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . +......++ ... .... .. + .+..+ . ;. + +++ +. 1++++ '. . . . IN THE COURT OF COMMON PLEAS CATHY WIMER, Plaintiff OF CUMBERLAND COUNTY .. \~'\~' >;h STATE OF ' ~~. ; I!"[ij!, ., ~~6!J.". ;Ci'~~~;h~ .A "-" ......:../ ,~ PENNA. No. 99-2696 DECREE IN DIVORCE --- . . . . . . . . . . . . . . . . . . 2000 . IT IS ORDERED AND . . . . PLAINTIFF, . . . DEFENDANT, . . . . VERSUS DONALD K. WIMER, . Defendant AND NOW, {Vt V c..~ ? '\ DECREED THAT C'.1thy loJi mPT AND Donald K. Wimer 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; . . The Property Settlement Agreement between the parties dated March 1, 2000, is hereby incorporated but not merged. By THE COURT' . % L.w~ ~ --,---a-(~ . Pl/'-HHONOTARY i ".... " A " . " . .. A.. ., A A ,,></. " I' . .. . .. . ". .. ".,ko. A". A" .. " ._" A ._" .. " ,. " 11<.,." ". A A "*'W' ~> "'.H'H.-............}'......"....",.". ".4"......."......-.......+>>,...."..............-:......."...........:..I-.....-...........".....".l<~ ~, '4 .". . ." ." "''''' ". ,... ... ... ...... ".. .... 'w'. '" " " ". '" ,,' ,.-. " '" '" ,,'''' "'.. .. "'.. " '" .. " .. '" .. '" " ..... "'.. . ." '" up to the date of execution hereof. ~. (3) The parties are the owners of certain real estate i ! with improvements thereon erected known as 400 Raymon Avenue, , Boiling Springs, Cumberland County, Pennsylvania. The parties agree that Wife shall enjoy exclusive I pOssession of said property until such time as the youngest of i j the parties' children graduates from high school. While Wife I j is living in the marital home, Husband agrees to pay the sum of 'I $1,000.00 to Wife, which represents the payment of the mortgage i I to PNC Bank, the real estate taxes, insurance, and other I I utility payments or one-halt of all household expenses, whichever is greater. Wife shall assume full responsibility for the remaining household expenses while she is residing there. As soon as the youngest child graduates from high school, the property will be listed for sale and sold, and the net proce8ds will be divided equally. In the event that Husband has not paid to Wife the payments as stated above, and Wife is required to make any mortgage payments, then she shall be credited with these payments and their equivalent before the I proceeds are split. i (4) In the event that either party contracted or incurred SAlOIS, ' any debts sJ.nce the date of separation on April 15, 1999, SHUFF & MAS LAND ' the party who incurred sa.id debt shall be responsible for the AT1"OR.~~AT-u.W 26 W. I1I&h Sir.., , payment thereof regardless of the name in which the debt may CorB.t., P ^ have been incurred. Husband and Wife acknowledge and agree that they have no . " , ~ " " , . " .~ .' .. . , . , \, ' and Wife incurred prior to the signing of this Agreement. (5) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in .-.....1 , I I other outstanding joint. debts and Ob~.1.go.t:._on:s oi:t:Fle--rtuii'C>O:~1.'~ possession of the other party including the Camaro and the van in the possession of Husband, and the Pathfinder in the 'I 1 possession of Wife. Each party shall execute any documents I necessary to have said vehicles properly registered in the i i I ! other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, , and shall hold harmless and indemnify the other party from any loss therein. (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. Husband shall receive all property as listed in Exhibit A, and Wife shall receive all SAIDIS. remaining household property. This agreement shall have the SHUFF & MASLAND effect of an assignment or bill of sale from each party to the AllJ2IU'I'EYS.AT-LAW 26W.HlcbStr.., ,other for such proper.ty as may be in the individual possession C..lill.. PA of each of the parties hereto. (7) Each party hereby relinquishes any right, title or , " .' '. . . " . \ , J. ,~' \. , ~ , . . ./ . . .' "..'.,." , ' . interest he or she may have in or to any intang~ble personal ,. property except that the Keough plan held at Fahnestock shall ,[ be divided equally. (8) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or i :1 ,I maintenance. , (9) Each party is now represented by counsel of his and ,I he,r own choice, and each shall pay his or her own attorney for II " 'I ,I I 'I all legal services rendered or to be rendered on his or her behalf . ( IO) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (11) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the SAlOIS, SHUFF & MAS LAND ^~.AT"""W 26 W. Hlelt Str.., Carll.)., Ph provision of this Agreement. (12) Both parties agree to file a jOint 1999 federal, Pennsylvania and local income tax return and any liabilities will be shared equally and any refund will be shared equally. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is .~. ,,,.,, SAlOIS, SHUFF & MAS LAND ATTOR..\'EYS-I\T.UW 26 W, Hlch Street Carllti., Ph rC.::1l .:lna pt:'o.l;~uno.J. proper1;;.;.y, ._..."".-.:::....._ __ income of the other and that each has~ disclosure to the other of his and her :1' and assets, earnings and " i made a full and complete " ;J entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (14 ) Husband and Wife acknowledge that each of them has d :! read and understand his and her rights and responsibilities 'i :! ! I " , ,I under this Agreement and that they have executed this Agreement under no compulsion to do so but as a 'lollJntary act. (15) It is further specifically understood and agreed by 'i i and between the parties hereto that each party accepts the i i provisions herein made in lieu of and in full settlement and , , I satisfaction of any and all of said partyls rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for . divorce. (16) Except as may be otherwise specifically provided in this Agreement, Husband and ~Iife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in SAlOIS, SHUFF & MASLAND A.Tl'OP.NEl'S-AToU.W 2& W, H1eb SlT<d Carlill., P ^ '......, be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, , ! ;1 'I i 'I 'I the Commonwealth of Pennsylvania. ,I :1 Agreement is determined to be invalid or unenforceable, all against or with respect to the other. (17 ) This Agreement shall be construed under the law of . ' , ..' . ' .. ~. - " ~. '.' ':. "',"': '.' ~ .. ~ :' , ';. . ," .' . . If any provision of this other provisions shall continue in full force and effect. (18) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retains co;,,1sel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. Febuary 13, 2000 Supplement to property settlement, Don Wimer's personal property & access agreement. As listed: 1 2 3 4 5 6 7 8 2 antique wall clocks wooden corner hutch beer glasses & Mugs business phone certain business supplies antique display tools coal stove boat, motor, trailer 9 oil paintings 10 coats of arms 11 owl carving 12 musket & horn 13 sword! spear 14 knick knacks 15 boat accys. 16 storage items All power and hand tools, equiptment, chemicals, and supplies in the garage, less the lawn type tools, belong to Donald Wimer. The 8hp snowblower and garden tractor will remain to be used, but upon sale of the house, go to Don Wimer. Don Wimer shall have access to the garage and house, fully respecting Cathy Wimer's privacy, giving notice before entry. Garage to be used for business and maintance of house and cars, to the benefit of both parties. This generally to be done during daylight hours. O&-KJ~ Donald K Wimer 82 Silver Crown Dr Mechanicsburg PA 17055 697-6811 I. '., ' _ " ' , [." ',' ':' .' . ';. '. . '. . ".., :.' . , . >- Cl ~ (~ ..;J i;~: C ~J -< u.~ C 0 ~;>" f~~;:::' u . , ~t. ...:: ,--.! :::j r'~l ; . '- C -"" ~'.,' ~t) c ,:) " \:.1 N Z C I C'': I:.) uJ .':... :~~ c... i'".: ;.;:: ,,- C:J :.> c; (J U . CATHY WIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-2696 Civil Term DONALD K. WIMER, 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. Ground for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Certified mail dated 5/6/99 as attached. 3. (Complete either paragraph (a) or (b): (A) Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: By the Plaintiff: By Defendant: 3/10/00; 3/12/00 (B) (1) Date of Execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of Service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: No claims were raised. 5. Complete either (a) or (b). (al Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of NotJce in Section '.' ::", ,', ".' ':: " ,." : : -::. '., ~ :. i:':" '", : ," "",,'; . \', ;':: \'" ::.. "~':,'~\, ','~'''~~:,'~~(~'''~{.''':'': <', ":',:: ,,", " 1,}~ :,.1..:",', ':',/' :> ,:', ,>,>,:, ': :..: ,.~': \... ,(',.,'", ,:, ~ . ' 3301(c) Divorce was filed with the Prothonotary: Even date herewith Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotar: Even date herewith. ~. :::/ -- a J. eil, Esq. ney or P aintiff "- 0 E i:r; -" ~: ;h~ c': e UJ _'.' C,,} ,'". .,~ fJ_ -', ..-.::: ,- ' .; '')-::j C) ~': .~;~ .:I...> ' ". b.~; ,j N ) ~:; [Z.J:1 {'o. !';'jGj " ~~l(~ i::'- ::C a :5 C..' <":':J 0 , ';',.,, . 't .:.,' >:. "I,':i"::" .-:~":',:' ~:~::\'~t":"I"':":'~'; :'.::<:::'~'<..':2.'~,~,;~",,:~;::'~;'~:':',,",,'''1'',-:..\~.:t.:.",',: :".\l',,~ '.>:,'.' ~1:.,.:'..; :;' .,"':.:,' !.~,.: ,,' " ., ;',,": '" SENDER: ~ . Complate itf;ms 1 Hnd/or 2 for additional serviccs. '" . Comple:e 110m! 3, 481, and 4b. !!i!: . Print )'Ol.lf name l!.nd address on the ra\'orse 01 this form so that VOQ can return this J: card 10 you. ~ Il Ana. ch this form 10 the fronl ollhe mailpieco. or on Ihe back II space does nol E """">1. CI . WII.la .Rotum Rocoipt Requostod' on Ih, mailplece below the Qrtlclo numbof, or: . rhe Retum R(lcelpl will show 10 whom the article was delivered and Iho dale - dclrvored. 5 '3. Article Addressed to: i VOt"\O..l c\ K. \N \ (Y) €-r f ~OD R~mDf\ Au.el'"\U-L !2:ri'\i~ ~U~ PA 11007 ~\-'2..3'1> I also wish 10 receive the following servIces (lor an extra. fee): 1, 0 Addressee's Address 2,'s"ReslriCled Delivery Consult postmaster tor fee. 4a. Article Number 01 4b. Service ype o Registered o Expres:) Mail iJ Retum Receipt for Merchandise 7. Date of Delivery S--~- 8. Addressee's Address (Only if tequesled and fee ;s paid) ~ Certified o Insured o COD 5, Received By: (Print Namo) .:! """"' Il.()"" Domestic Return Receipt . 8 'E Jl ,Q. c;; II a: E " c; a: '" " ;; " ~ o - " ~ ... " .. t: ,,0 C, 1; . ..:1 9 ::)....,. C');:.~ :r.:: 'J :.~.. 'f.:: n~] ,,'.'>- .~ ::31/) N Z r..... c::: ~,~j ril "'.J:.. Lr.~ a.. :c -:': C> ::J C'..l <.) "~~ ~ ~,', . ':: ' , ""l', ,;", ~ " ,: " :.~:.:' :' /:/. :"'<" ,:: , ' ~.~~ ,>~ 'i~"" .~'j/..~':,;! ~ :.',;~.:', :l:,~, ~~~:':,:~, 't:'~:;l~~~::. ':,;.....'. . ::. ~;~:J.-~'7,:~ 1 :~:;;.'~', ;: ~, >: ',j ':',:', . .":'. ,:~-~ ~'.' ~ :>:<~.', :^. '. . 'j '. ~ CATHY WIMER, PlaintH f v, IN THE COURT OF COM~lON PLEAS CUMBERLAND COUNT'h. PENNSYLVANIA 97 - ;1.107'b \...: IUl\ NO. CIVIL TE~~ CIVIL ACTION - LAW IN DIVORCE DONALD K. WIMER, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against. you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF PROPERTY, ANNULMENT THEM. YOU DO NOT FILE LAWYER'S FEES IS GRANTED, YOU A CLAIM FOR OR EXPENSES I'lAY LOSE THE ALIMONY, DIVISION BEFORE A DIVORCE RIGHT TO CLAIM ANY OF OR OF YOU SHOULD TAY..E THIS PAPER TO YOUR !'..J'''\'lYER 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. :1 I SAlOIS, II SHUFF & ~~~~~I~~ !I 'I II II :j " :1 ;! i! ,I Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: +'1-9, SAIDIS, SHUFF & VU,SLAND (':\' \:{,\ 'J~r All"hoUGce, Court ID # 78014 26 We.t High Strceet Carlis e, PI\ nUl3 (717) 243-6222 Counsel for Plaintiff 26 W. tU~h SUt't't Clr11~1r'. PA , " Ii request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. COUNT II - EOUITABLE DISTRIBUTION 8. The allegations of Paragraph 1 through 7 inclusive are hereby incorporated by referenced as if set forth in full hereat. 9. Plaintiff and Defendant have acquired property both real and personal during their marriage, WHEREFORE, Plaintiff requests This Honorable Court to return the marital property and order an equitable distribution thereof. COUNT III SUPPORT. ALIMONY. ALIMONY PENDENTE LITE 10. The allegations of Paragraphs 1 through 9 inclusive are hereby incorporated by referenced as if set forth in full hereat. SAlOIS, SHUFF & I MAS LAND ^rnJAA>tl'>:.II~ I 26 W, llIeb Sir..... Carll,lt, Ph I II II I, Ii 'I I; d II II !i 11. plaintiff lacks suffi.cient property to provide for her reasonable needs and is unable to support herself and the parties three minor children through appropri.ate employment. 3 SAlOIS, SHUFF &. MAS LAND ^TJ'OtNr1"S-AT.~W 26 W, Web Sir'" Carll,.., PA 25, The Plaintiff does not know a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to any of the children. 26. The best interests and permanent welfare of the children will be served by granting the relief requested because the children have lived with Plaintiff all of their natural lives and the children will be able to remain in the same school district and same family home environment. 27. Each parent whose parental rights to the children have now been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant her joint legal custody and sole physical custody of the children, subject to periods of visitation by Defendant, Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: If - 9 - q~ By: r' \ Mar W. Allshouse, Supr me Court ID # 26 Weat High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff II ! I I I I ! 6 AFFIDAVIT I, Cathy Wimer, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, 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 counselling prior to a divorce decree being handed down by the court. 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. Dated: tI-9-91 (~ LJ~~ Cathy w~er, Plaintiff >- c, r:; (1- lr. .'-' I::-:~ ~-~ ~'~ ~c :.-..: U_~ :-. l)r.:j ::-r: ~ ~{ ('1_ ;,~! ~:;j ._1, ~ ~, trJ t."': _1"- '. UI1_.. I --.;; :'; ".~ I . J ="~" '-~ I (iJ G.:.r: ...:. "JU- 1-- ... .-.: ,,- (.i' :") 0 0' U L1 ~ .....-.J -:;:- - ~ ~ ~ fYJ ,,~ ~ GO \ .. 0 ~ -.!l rI) ~. 0 ~ g ~& tJ)Gj " ~ ~ ~ " ~ 0 0 S;: _ l.n N) .J It ~ cL SAlOIS, SHUFF & MASLAND A~II/lf5..,lT-u.w 26 W. 11I.lb Str..... Cnlblt. PA CATHY WIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-2696 Civil v. DONALD K. WIMER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 5, 1999. 2. Defendant acknowledges and accepts service of the Complaint on May 6, 1999. 3, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice, 5. 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, 6. 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. 7, I have been advised of the availability of marriage counselling and understdnd that I may request that the court require counselling. I do not request that the court require counselling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to I unsworn falsification to auth i ies. I ,~i(dJ~ !I I I ! i! ii Ii I' I ~ DATED: ~JrVl1~