HomeMy WebLinkAbout99-07508;9i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE
M. FENSTERMACHER
No. 1999-7508 CIVIL
PLAINTIVE
VERSUS
HERBERT C. FENSTERMACHER, JR.,
DEFENDANT
DECREE IN
DIVORCE
AND NOW, -/ , 7003, IT IS ORDERED AND
DECREED THAT MARY M. FENSTERMACHER PLAINTIFF,
AND HERBERT C. FENSTERMACHER, JR. ,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
E- '? ?-la Tli ct ri hnti nn waa racnlvaA h n gq?PeWent b'
the parties, attached hereto, which shall be incorporated with,
but not_iRerged into this decree.
BY TH(\F,?C/OURT:
J.
OF PENNA.
PROTHONOTARY
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PROPERTY SETTLEMENT AGREEMENT
BETWEEN
MARY M. FENSTERMACHER
AND
HERBERT C. FENSTERMACHERI JR.
Patrick M. Reb, Esquire
547 South lOt° Street
Lebanon, PA 17042
Attorney for
Mary M. Fenstermacher
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Attorney for
Herbert C. Fenstermacher, Jr.
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LNDEX OF PROPERTY SETTLEMENT AGREEMENT
BETWEEN
MARY M, FENSTERMACHER AND HERBERT C. FENSTERMACHER, JR.
NO, SUBJECT
PAGE
1. Separation
2.
Interference 2
3
3. Agreement Not A Bar to Divorce Proceedings 3
4. Subsequent Divorce 3
5. Incorporation in Divorce Decree 5
6. Effective Date
7.
Distribution Date 5
8.
Mutual Release 5
9.
Advice of Counsel 6
7
10. Warranty as to Existing Obligations 8
11. Warranty as to Future Obligations 9
12. Debt of the Parties
13.
Personal Property 9
10
14 Rental Property 10
15. Division of Real Property 11
16. Marital Residence
17.
Demand Deposit Accounts 12
12
18. Stocks /Investment Funds
19.
Distribution of Individual Retirement Accounts 13
13
20. Pensions /Retirement Benefits 15
21. Motor Vehicles
22.
After-Acquired Property 16
23.
Lump Sum Equitable Distribution Payment 17
17
24 Higher Education Expenses 18
25. Counsel Fees
26.
Income Tax Prior to Returns 18
19
27. Applicability of Tax Law to Property Transfers 19
28. Tax Advice
29.
Waiver of Alimony 19
30.
Effect of Divorce Decree 20
31.
Breach 21
32.
Waiver of Claims 21
33.
Entire Agreement 22
34.
Financial Disclosure 22
35.
Agreement Binding on Heirs 22
23
36. Additional Instruments
37.
Void Clauses 23
38.
Independent Separate Covenants 24
24
39. Modification and Waiver
40.
Descriptive Headings 25
41.
Applicable Law 25
25
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of ? W
2003, by and between MARY M. FENSTERMACHER, of Dauphin County,
County, Pennsylvania (hereinafter referred to as "WIFE") and
HERBERT C. FENSTERMACHER, Jr., of Cumberland County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on March 9, 1968, in
Berks County, Pennsylvania; and are the natural parents of three
adult children, Scott C. Fenstermacher, Chad C. Fenstermacher and
Kevin C. Fenstermacher, all of whom are emancipated; and
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart, and the
parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as
between each other, including, without limitation by
specification: the settling of all matters between them relating
to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of
WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the
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WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the
settling of any and all claims and possible claims by one against
the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which
is hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenant and
agree as follows:
1. SEPARATION: HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each
other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control,
restraint or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit
or dwell. with him or her by any legal or other proceedings. The
foregoing provisions shall not be taken to be an admission on the
part of either HUSBAND or WIFE of the lawfulness or unlawfulness
of the causes leading to their living apart.
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2. INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party
shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any
way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof.
4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that
WIFE has filed a Complaint in Divorce in Cumberland County to
Docket No. 99-7508, claiming that the marriage is irretrievably
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broken under Section 3301(c) of the Pennsylvania Divorce Code.
Both parties hereby express their agreement that the marriage is
irretrievably broken and express their intent to execute any and
all Affidavits or other documents necessary for the parties to
obtain an absolute divorce pursuant to Section 3301(c) of the
Divorce Code at the same time as they execute this Agreement.
The parties hereby waive all rights to request court ordered
counseling under the Divorce Code. It is further specifically
understood and agreed by the parties that the provisions of this
Agreement as to equitable distribution of property of the parties
are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by
either of the parties in this or any other state, country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or
such decree, judgment, order
thereof shall alter, amend or
whether or not either or both
is the specific intent of the
divorce; and that nothing in any
:)r further modification or revision
vary any term of this Agreement,
of the parties shall remarry. It
parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive
upon the parties.
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5. INCORPORATION IN DIVORCE DECREE: It is further agreed,
covenanted and stipulated that this Agreement, or the essential
parts hereof, shall be incorporated in any decree hereinafter
entered by any court of competent jurisdiction in any divorce
proceedings that have been or may be instituted by the parties
for the purpose of enforcing the contractual obligations of the
parties. This Agreement shall not be merged in any such decree
but shall in all respects survive the same and be forever binding
and conclusive upon the parties.
6. EFFECTIVE DATE: The effective date of this Agreement
shall be the "date of execution" or "execution date," defined as
the date upon which it is executed by the parties if they have
each executed this Agreement at the same date. Otherwise, the
"date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing
this Agreement.
7. DISTRIBUTION DATE: The transfer of property, funds
and/or documents provided for herein, shall only take place on
the "distribution date", which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
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S. MUTU M RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes urhatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever s i tuated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curter sy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to t r eat a lifetime
conveyance by the other as a testamentary gift, or all other
rights of a surviving spouse to participate i n a deceased
spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the
United States. or (c) any country or any rights which either
party may have or at any time hereafter shall have for past,
present or future support or maintenance, alimony, alimony
pendente liter counsel fees, division of property, costs or
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expenses, whether arising as a result of the marital relationship
or otherwise, except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof. It is the
intention of HUSBAND and WIFE to give each other by the execution
of this Agreement a full, complete and general release with
respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is
further agreed that this Agreement shall be and constitute a full
and final resolution of any and all claims which each of the
parties may have against the other for equitable division of
property, alimony, counsel fees and expenses, alimony pendente
lite or any other claims pursuant to the Pennsylvania Divorce
Code or the divorce laws of any other jurisdiction.
9. ADVICE OF COUNSEL: The provisions of this Agreement
and its legal effect have been fully explained to the parties by
their respective counsel; MARIA P. COGNETTI, Esquire, for
Husband and PATRICK M. REB, Esquire, for WIFE. HUSBAND and WIFE
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acknowledge that this Agreement is not the result of any duress
or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements. The parties
further acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and
sources of income and that they waive any specific enumeration
thereof for the purpose of this Agreement. Each party agrees
that he or she shall not, at any future time, raise as a defense,
or otherwise, the lack of such disclosure in any legal proceeding
involving this Agreement, with the exception of disclosure that
may have been fraudulently withheld.
10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
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11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement.
12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE
against, and agrees to assume the sole liability and
responsibility for, all debts, obligations or liabilities of any
nature whatsoever heretofore or hereafter incurred by HUSBAND for
the benefit of himself, except as provided herein.
WIFE hereby indemnifies HUSBAND against and agrees to assume
the sole liability and responsibility for all debts, obligations
or liabilities of any nature whatsoever heretofore or hereafter
incurred by WIFE for the benefit of herself, except as provided
for herein.
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13. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items
which are now in the possession or under the control of the
other. Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request.
By these presents, each of the parties hereby specifically
waives, releases, renounces and forever abandons whatever claims
he or she may have with respect to any personal property which is
in the possession of the other, and which shall become the sole
and separate property of the other from the date of execution
hereof.
14. RENTAL PROPERTY: HUSBAND owns property situated at 124
West Portland Street, Mechanicsburg, Cumberland County,
Pennsylvania. This property is the sole and exclusive property
of HUSBAND and shall remain HUSBAND's sole and exclusive
property,including the rental income therefrom. WIFE
acknowledges that she has no claim, right, title or interest
whatsoever in said property and further agrees never to assert
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any claim to said property in the future. WIFE agrees to execute
whatever documents are necessary, now and in the future, to
assign, convey and transfer to HUSBAND all of her right title and
interest in the aforementioned real estate, including, if
necessary, a quitclaim deed conveying her interest in said
property to HUSBAND.
HUSBAND agrees to be solely responsible for the amounts
presently due and owing against said property and further
covenants and agrees that he will indemnify and save WIFE
harmless from any and all liability, expense, cost, or loss
whatsoever as a result of his non-payment of or non-performance
of said debt.
15. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer
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all his right, title and interest in and to the real estate
situated at Lot 206, White Rock Acres, Boiling Springs,
Cumberland County, Pennsylvania, now titled in the name of
HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees
to immediately execute now, and in the future, any and all deeds,
documents or papers necessary to effect such transfer of title
upon request. HUSBAND further acknowledges that he has no claim,
right, interest or title whatsoever in said property and further
agrees never to assert any claim to said property in the future.
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HUSBAND agrees to execute a deed conveying his interest to WIFE,
said deed to be held in escrow by HUSBAND's attorney and to be
delivered to WIFE's attorney upon the entry of a final Decree in
Divorce.
16. MARITAL RESIDENCE: The parties acknowledge that they
sold the former marital residence on August 30, 2002 and that the
net proceeds of the sale of that property have, by agreement,
been held in escrow by the parties' counsel and that said funds
now held in escrow total approximately $218,240.00 plus interest.
The parties agree that WIFE shall receive 100% of said funds,
which shall be distributed to her promptly upon execution of this
Agreement.
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17. DEMAND DEPOSIT ACCOUNTS: The parties agree that the
demand deposit accounts listed on attached Exhibit "A", presently
held in the name of HUSBAND alone or jointly by the parties,
shall become the sole and exclusive property of HUSBAND upon the
entry of a final Decree in Divorce. W=FE acknowledges that she
has no further claim or interest in said accounts and agrees that
she will not assert any such claim in the future.
The parties agree that the Members 1" Federal Credit Union
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account, numbered 4 1987, presently held in the name of WIFE,
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shall become the sole and exclusive property of WIFE upon the
entry of a final Decree in Divorce. HUSBAND acknowledges that he
has no further claim or interest in said account and agrees that
he will not assert any such claim in the future.
In addition, the parties agree that HUSBAND will pay to WIFE
one hundred percent (100%) of the value of the accounts as listed
on Exhibit "A", totaling $35,075.10. Said sum shall be paid to
WIFE by HUSBAND, within ninety (90) days of the date of execution
of this Agreement.
18. STOCKS/INVESTMENT FUNDS: The parties acknowledge and
agree that the financial assets listed on Exhibit "B" constitute
marital assets. The parties agree that WIFE shall receive as her
sole and separate property one hundred percent (100%) of the
assets listed on Exhibit "B" and HUSBAND hereby waives any right,
title, and claim for interest thereto. The parties shall
cooperate in effectuating the transfer of said stock and
investment funds to WIFE.
19. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: The
parties agree and acknowledge that they each have an Individual
Retirement Account with Waypoint Bank, with WIFE's account being
numbered 110052330 and HUSBAND's account being numbered
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110052329. HUSBAND hereby acknowledges and agrees that WIFE
shall retain, as her separate property, her Individual Retirement
Account. HUSBAND hereby acknowledges that he has no further
claim, right, title or interest whatsoever in the Individual
Retirement Account of. WIFE, and further agrees never to assert
any claim to the asset in the future.
The parties agree that HUSBAND's Waypoint Bank Individual
Retirement Account shall be rolled over into Wife's Waypoint Bank
Individual Retirement Account, and that it shall become the sole
and exclusive property of WIFE. HUSBAND agrees to refrain from
doing anything that would decrease the value from that which is
stated on attached Exhibit "C." HUSBAND hereby acknowledges that
he has no further claim, right, title or interest whatsoever in
the Waypoint Bank Individual Retirement Accounts listed in
Exhibit "C" and further agrees never to assert any claim to the
assets in the future. HUSBAND agrees to cooperate and do
everything necessary to execute whatever paperwork is required to
complete the rollover of funds into Wife's Individual Retirement
Account. Should a Qualified Domestic Relations Order (QDRO) be
necessary to effectuate the transfer of funds to WIFE, the
parties agree that a QDRO shall be prepared by a qualified
actuary, Harry M. Leister, Jr., at the parties' equally shared
expense.
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20. PENSIONS/RETIREMENT BENEFITS: The parties acknowledge
that as a result of HUSBAND's prior employment with the
Department of Navy, he has certain vested rights in a pension.
HUSBAND acknowledges that his pension through the Department of
Navy is entirely marital property and therefore agrees to assign
WIFE one-half of his now current gross monthly benefit, which
total benefit is approximately $2,540.00, to commence with the
execution of this Agreement. WIFE acknowledges that any tax owed
from her share of the monthly benefit will be assessed to her.
HUSBAND agrees never to elect any option which would result in a
reduced benefit to WIFE. The payout benefit called for under the
terms of this paragraph shall be made pursuant to a Qualified
Domestic Relations Order (QDRG; which shall be prepared Harry M.
Leister, Jr., FSA, of Conrad Seigel, Inc. The cost of the
preparation of said QDRO shall be shared equally by the parties.
HUSBAND's counsel shall provide WIFE's counsel with a draft copy
of the QDRO for her review within thirty (30) days of the signing
of this Agreement.
WIFE hereby consents to HUSBAND's election to waive a
qualified joint survivor annuity form of benefit under this
retirement account. WIFE further consents to HUSBAND's current
and future designation of any alternative form of benefit and of
beneficiaries other than WIFE under said plan and to any
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revocation and/or modification of such designation(s). WIFE
hereby further agrees to execute any and all documents or forms
which shall be required, at any time, and from time to time, by
said plan, including but not limited to, any consents required to
effect the payment of benefits in this manner. WIFE hereby
acknowledges that she understands the effect of HUSBAND's
elections and she consents thereto, so long as HUSBAND never
elects any option or designation which would result in reduced
benefits to WIFE. WIFE further acknowledges that she
understands, absent the consent contained in this paragraph, she
would have the right to limit her consent to the designation by
HUSBAND of a specific beneficiary or a specific form of benefits,
and WIFE hereby voluntarily elects to relinquish both such
rights.
21. MOTOR VEHICLES: With respect to the motor vehicles
owned by one or both of the parties, they agree as follows:
(a) The 1999 Mazda truck B4000 shall be and remain the sole
and exclusive property of HUSBAND;
(b) The 1990 300ZX Nissan Coupe shall be and remain the sole
and exclusive property of HUSBAND.
The titles to said motor vehicles shall be executed by the
parties, if appropriate for affecting transfer as herein
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provided, on the date of execution of this Agreement, and said
executed title shall be delivered to the proper party on the
distribution date. HUSBAND agrees to be solely responsible for
any amounts presently due and owing against either of these
automobiles.
22. AFTER-ACQUIRED PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of
the other, all items of property, be they
mixed, tangible or intangible, which are
him or her, with full power in him or her
as fully and effectively, in all respects
as though he or she were unmarried.
any claim or right of
real, personal or
iereafter acquired by
to dispose of the same
and for all purposes,
23. LUMP SUM EQUITABLE DISTRIBUTION PAYMENT: HUSBAND
covenants and agrees to pay to WIFE the sum of $230,427.35, which
sum WIFE agrees to accept, in addition to such other property and
cash payment set aside to her by the terms of this Agreement, as
a full and complete property settlement and equitable
distribution of all marital property. Said sum shall be paid to
WIFE, by HUSBAND, within ninety (90) days of the date of the
execution of this Agreement.
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24. ]HIGHER EDUCATION EXPENSES: The parties agree that they
will provide their son, Kevin C. Fenstermacher, with a college
education through the attainment of a bachelor's degree or
equivalent from a college or university or its equivalent. It is
contemplated by the parties that college level education may be
residential in nature, and the parties agree that in connection
with the college education, they will equally pay the following
costs: tuition, room and board, books, laboratory, student and
other fees billed directly by the educational institution. If
the child should reside "off campus" the parties shall equally
pay the reasonable rent and reasonable food allowance directly to
the child. The parties agree to consult with one another and
with the child as to the choice of any college or university most
appropriate to the needs and abilities of the child.
25. COUNSEL FEES: Except as provided herein, each party
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hereby indemnifies and agrees to indemnify and hold the other
free and harmless against the claims of any attorney or person
who rendered or claims to have rendered services to him or her in
connection with the divorce proceeding and the negotiation of
this Agreement or otherwise.
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26. INCOME TAX PRIOR RETURNS: The parties have heretofore
filed joint Federal and State tax returns. Both parties agree
that in the event any deficiency in Federal or State income tax
is proposed, or any assessment of any such tax is made against
either of them, each will indemnify and hold harmless the other
from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who
is finally determined to be the cause of the misrepresentations
or failures to disclose the nature and extent of his or her
separate income on the aforesaid joint returns.
27. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1964
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue ,
Service to render the Act applicable to the transfers set forth
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in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
28. TAX ADVICE: Both parties hereto hereby acknowledge
and agree that they have had the opportunity to retain their own
accountants, certified public accountants, tax advisor, or tax
attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice
whatsoever by their respective attorneys. Further both parties
hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by
retaining an accountant, certified public accountant, tax
attorney, or tax advisor with reference to the tax implications
involved in this Agreement. Further, the parties acknowledge and
agree that their signatures to this Agreement serve as their
acknowledgment that they have read this particular paragraph and
have had the opportunity to seek independent tax advice.
29. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present and future. The parties release and
discharge the other absolutely and forever for the rest of their
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lives from all claims and demands, past, present or future, for
alimony or for any provision for support or maintenance, except
as specifically provided for herein. The parties further
acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for
alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein.
30. EFFECT OF DIVORCE DECREE: The parties agree that,
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a
final Decree in Divorce may be entered with respect to the
parties.
31. BREACH: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in
enforcing their rights under this Agreement.
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32. WAIVER OF CLAIMS: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and
each party hereby waives and relinquishes any and all rights he
or she shall now have or hereafter acquire, under the present and
future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship,
including without limitation, dower, curtesy, statutory
allowance, widow's allowance, widower's allowance, right to take
in intestacy, right to take against the Will of the other, and
the right to act as administrator or executor of the other's
estate. Each party will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
33. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
34. FINANCIAL DISCLOSURE: The parties confirm that they
have relied on the completeness and substantial accuracy of the
financial disclosure of the other as an inducement to the
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execution of this Agreement. The parties acknowledge that formal
discovery has been conducted in their pending divorce action and
that neither party has filed an Inventory and Appraisement as
required by Section 3505(b) of the Pennsylvania Divorce Code.
Notwithstanding the foregoing, the rights of either party to
pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other
party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other
party or his or her counsel prior to the date of the within
Agreement is expressly reserved. In the event that either party,
at any time hereafter, discovers such an undisclosed asset, that
party shall have the right to petition the Court of Common Pleas
of Cumberland County to make equitable distribution of said
asset.
The non-disclosing party shall be responsible for payment of
counsel fees, costs or expenses incurred by the other party in
seeking equitable distribution of said asset.
Notwithstanding the foregoing, the Agreement shall in all
other respects remain in full force and effect.
35. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
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. jL r
their respective heirs, executors, administrators, successors and
assigns.
36. ADDITIONAL INSTRUMENTS: Each of the parties shall,
from time to time, at the request of the other, execute,
acknowledge and deliver to the other any and all further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
37. VOID CLAUSES: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
38- INDEPENDENT SEPARATE COVENANTS; It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
Agreement.
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1
39. MODIFICATION AND WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent defaults of the same
or similar nature.
40. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no affect
whatsoever in determining the rights or obligations of the
parties.
41. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980 and any amendments
thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and sftSlp the date and year first above written.
-( EAL)
S RY M(-F ERMAC?JHER
\?- ?? (SEAL)
S HE ERT C. FENSTERMA HER, JR.
-25-
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF '&'WW 0 J )SS:
)
On this, the /'"` day of , 2004 before me,
a Notary Public, the undersigned officer, personally appeared
Mary M. Fenstermacher, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARIAL SEAL 11 A A&___
DARLAJ.MATULA,NotaryPubYc Notary blic
C of Lebanon, Lobanon County
My rnfWon Expires Oa 6, 200a
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF Cum?qA"_C? ) SS
On this, the ? day of ) 0ZV Ur , 2002, before me,
a Notary Public, the undersigned officer, personally appeared
Herbert C. Fenstermacher, Jr., known to me (or satisfactorily
proven) to be the person whose name is subscribed to the
foregoing Property Settlement Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
La" Notary Public
F NOTARIAL SEAL
Candith Y. HA Notary PubUc
YatrvieW lWp, York County
My Commission Etpim Nov. L%2ooS
DEMAND DEPOSIT ACCOUNTS
DESCRIPTION VALUE.
1. Mechanics Savings and Loan Certificate of Deposit
Account No. 015270 $1,180.14
2. Members First Federal Credit Union checking account
Account No. 12010 $1,987.29
3. Members First Federal Credit Union savings account
Account No. 12010 $4,958.65
4. Members First Federal Credit Union Money Market account
Account No. 12010 $9,819.25
5. Strong Funds Money Market account
Account No. 031-1200583037 $5,075.00
6. Strong Money Market Fund
Account No. 023-2302654436 $ 578.65
7. First Union Money Market account
Account No. 9629983224 $6,061.00
8. Keystone Financial Money Market account
Account No. 3440048175 $5,415.12
Total $35,075.10
EXHIBIT "A"
V-000
-,I- r-
STOCKS/INVESTMENT ACCOUNTS
1. 22 shares of Duquesne Electric stock
2. 1,500 shares of Steeleton Bank Corp., Inc. stock
3. John Hancock Funds, account no. 57.4000246821
4. Mutual Beacon Fund - Class Z (Franklin Templeton Investments), account no.
076-780811156
5. Neuberger Berman account, account no. 140165624
6. Davis Funds, account no. 2119089599
7. Dreyfus Founders Funds, account no. 9460042221
8. Vanguard 500 Index Fund, account no. 9895818958
9. AARP Investment Program, account no. 00003702714
10. PBHG Funds, account no. 8001880
It. Legg Mason Equity Funds, account no. 118-14040
12. Fremont Funds, account no. 0000707109
13. Fidelity Investments, account no. 2AF-610410
14. Waterhouse Investment account, account no. 438-0239816
EXHIBIT "B"
. S- r.
INDIVIDUAL RETIREMENT ACCOUNTS
9/16/02
Description Titled To DOS Value Value
1.
York Federal (now Waypoint Bank)
IRA,#1100052329
I-IUSBAND $4,182.46 $4,739.86
2.
York Federal (now Waypoint Bank)
IRA,#1100052330
WIFE $4,199.48 Unknown
EXHIBIT "C"
...:' ..... 4 ?Gy„
t',L
MARY M. FENSTERMACHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
44
VS. NO.-" - 7508 CIVIL
HERBERT C. FENSTERMACHER, JR.,:
Defendant IN DIVORCE
ORDER OF COURT
G )/f
A14D NOW, this ? day of ?uc
2003, the economic claims raised in the proceedings having
been resolved in accordance with a property settlement
agreement dated January 7, 2003, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
CC: Patrick M. Reb
Attorney for Plaintiff
Geo ke/uFf f e1 P. .
lcn,ue
Maria P. Cognetti 0
Attorney for Defendant 9m-
? ? ? if
l'; f'??? .?. '
-v
7tr,.94 r sa a L'?l T.?
t
PROPERTY SETTLEMENT AGREEMENT
BETWEEN
MARY M. FENSTERMACHER
AND
HERBERT C. FENSTERMACHER, JR.
Patrick M. Reb, Esquire
547 South 10"1 Street
Lebanon, PA 17042
Attorney for
Mary M. Fenstermacher
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Attorney for
Herbert C. Fenstermacher, Jr.
r
INDEX OF PROPERTY SETTLEMENT AGREEMENT
BETWEEN
MARY M. FENSTERNACHER AND HERBERT C. FENSTERMACHER, JR.
NO. SUBJECT PAGE
1. Separation 2
2. Interference 3
3. Agreement Not A Bar to Divorce Proceedings 3
9. Subsequent Divorce 3
5. Incorporation in Divorce Decree 5
6. Effective Date 5
7. Distribution Date 5
8. Mutual Release 6
9. Advice of Counsel 7
10. Warranty as to Existing Obligations 8
11. Warranty as to Future Obligations 9
12. Debt of the Parties 9
13. Personal Property 10
19 Rental Property 10
15. Division of Real Property 11
16. Marital Residence 12
17. Demand Deposit Accounts 12
18. Stocks/Investment Funds 13
19. Distribution of Individual Retirement Accounts 13
20. Pensions/Retirement Benefits 15
21. Motor Vehicles 16
22. After-Acquired Property 17
23. Lump Sum Equitable Distribution Payment 17
29 Higher Education Expenses 18
25. Counsel Fees 18
26. Income Tax Prior to Returns 19
27. Applicability of Tax Law to Property Transfers 19
28. Tax Advice 19
29. Waiver of Alimony 20
30. Effect of Divorce Decree 21
31. Breach 21
32. Waiver of Claims 22
33. Entire Agreement 22
39. Financial Disclosure 22
35. Agreement Binding on Heirs 23
36. Additional Instruments 23
37. Void Clauses 24
38. Independent Separate Covenants 29
39. Modification and Waiver 25
90. Descriptive Headings 25
91. Applicable Law 25
r
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of
2003, by and between MARY M. FENSTERMACHER, of Dauphin County,
County, Pennsylvania (hereinafter referred to as "WIFE") and
HERBERT C. FENSTERMACHER, Jr., of Cumberland County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on March 9, 1968, in
Berks County, Pennsylvania; and are the natural parents of three
adult children, Scott C. Fenstermacher, Chad C. Fenstermacher and
Kevin C. Fenstermacher, all of whom are emancipated; and
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart, and the
parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as
between each other, including, without limitation by
specification: the settling of all matters between them relating
to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of
WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the
cif.. :, ;V ......,
r
WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the
settling of any and all claims and possible claims by one against
the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which
is hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenant and
agree as follows:
1. SEPARATION: HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each
other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control,
restraint or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit
or dwell with him or her by any legal or other proceedings. The
foregoing provisions shall not be taken to be an admission on the
part of either HUSBAND or WIFE of the lawfulness or unlawfulness
of the causes leading to their living apart.
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2. INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party
shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any
way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof.
4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that
WIFE has filed a Complaint in Divorce in Cumberland County to
Docket No. 99-7508, claiming that the marriage is irretrievably
u
-3-
broken under Section 3301(c) of the Pennsylvania Divorce Code.
Both parties hereby express their agreement that the marriage is
irretrievably broken and express their intent to execute any and
all Affidavits or other documents necessary for the parties to
obtain an absolute divorce pursuant to Section 3301(c) of the
Divorce Code at the same time as they execute this Agreement.
The parties hereby waive all rights to request court ordered
counseling under the Divorce Code. It is further specifically
understood and agreed by the parties that the provisions of this
Agreement as to equitable distribution of property of the parties
are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by
either of the parties in this or any other state, country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgment, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive
upon the parties.
-4-
5. INCORPORATION IN DIVORCE DECREE: It is further agreed,
covenanted and stipulated that this Agreement, or the essential
parts hereof, shall be incorporated in any decree hereinafter
entered by any court of competent jurisdiction in any divorce
proceedings that have been or may be instituted by the parties
for the purpose of enforcing the contractual obligations of the
parties. This Agreement shall not be merged in any such decree
but shall in all respects survive the same and be forever binding
and conclusive upon the parties.
6. EFFECTIVE DATE: The effective date of this Agreement
shall be the "date of execution" or "execution date," defined as
the date upon which it is executed by the parties if they have
each executed this Agreement at the same date. Otherwise, the
"date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing
this Agreement.
7. DISTRIBUTION DATE: The transfer of property, funds
and/or documents provided for herein, shall only take place on
the "distribution date", which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
-5-
I { 1
S, MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as a testamentary gift, or all other
rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any country or any rights which either
party may have or at any time hereafter shall have for past,
present or future support or maintenance, alimony, alimony
pendente lice, counsel fees, division of property, costs or
-6-
It expenses, whether arising as a result of the marital relationship
or otherwise, except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof. It is the
intention of HUSBAND and WIFE to give each other by the execution
of this Agreement a full, complete and general release with
respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is
further agreed that this Agreement shall be and constitute a full
and final resolution of any and all claims which each of the
parties may have against the other for equitable division of
property, alimony, counsel fees and expenses, alimony pendente
lite or any other claims pursuant to the Pennsylvania Divorce
Code or the divorce laws of any other jurisdiction.
9. ADVICE OF COUNSEL: The provisions of this Agreement
and its legal effect have been fully explained to the parties by
their respective counsel; MARIA P. COGNETTI, Esquire, for
Husband and PATRICK M. REB, Esquire, for WIFE. HUSBAND and WIFE
41
I?
!11
-7-
acknowledge that this Agreement is not the result of any duress
or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements. The parties
further acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and
sources of income and that they waive any specific enumeration
thereof for the purpose of this Agreement. Each party agrees
that he or she shall not, at any future time, raise as a defense,
or otherwise, the lack of such disclosure in any legal proceeding
involving this Agreement, with the exception of disclosure that
may have been fraudulently withheld.
10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
-8-
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement.
12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE
against, and agrees to assume the sole liability and
responsibility for, all debts, obligations or liabilities of any
nature whatsoever heretofore or hereafter incurred by HUSBAND for
the benefit of himself, except as provided herein.
WIFE hereby indemnifies HUSBAND against and agrees to assume
the sole liability and responsibility for all debts, obligations
or liabilities of any nature whatsoever heretofore or hereafter
incurred by WIFE for the benefit of herself, except as provided
for herein.
-9-
'.f
13. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items
which are now in the possession or under the control of the
other. Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request.
By these presents, each of the parties hereby specifically
waives, releases, renounces and forever abandons whatever claims
he or she may have with respect to any personal property which is
in the possession of the other, and which shall become the sole
and separate property of the other from the date of execution
hereof.
14. RENTAL PROPERTY: HUSBAND owns property situated at 124
West Portland Street, Mechanicsburg, Cumberland County,
Pennsylvania. This property is the sole and exclusive property
of HUSBAND and shall remain HUSBAND's sole and exclusive
property,including the rental income therefrom. WIFE
acknowledges that she has no claim, right, title or interest
whatsoever in said property and further agrees never to assert
-10-
'1j2:! ::M
any claim to said property in the future. WIFE agrees to execute
whatever documents are necessary, now and in the future, to
assign, convey and transfer to HUSBAND all of her right title and
interest in the aforementioned real estate, including, if
necessary, a quitclaim deed conveying her interest in said
property to HUSBAND.
HUSBAND agrees to be solely responsible for the amounts
presently due and owing against said property and further
covenants and agrees that he will indemnify and save WIFE
harmless from any and all liability, expense, cost, or loss
whatsoever as a result of his non-payment of or non-performance
of said debt.
15. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer
all his right, title and interest in and to the real estate
situated at Lot 206, White Rock Acres, Boiling Springs,
Cumberland County, Pennsylvania, now titled in the name of
HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees
to immediately execute now, and in the future, any and all deeds,
documents or papers necessary to effect such transfer of title
upon request. HUSBAND further acknowledges that he has no claim,
right, interest or title whatsoever in said property and further
agrees never to assert any claim to said property in the future.
-11-
I ,k 1,.
HUSBAND agrees to execute a deed conveying his interest to WIFE,
said deed to be held in escrow by HUSBAND's attorney and to be
delivered to WIFE's attorney upon the entry of a final Decree in
Divorce.
16. MARITAL RESIDENCE: The parties acknowledge that they
sold the former marital residence on August 30, 2002 and that the
net proceeds of the sale of that property have, by agreement,
been held in escrow by the parties' counsel and that said funds
now held in escrow total approximately $218,240.00 plus interest.
The parties agree that WIFE shall receive 100% of said funds,
which shall be distributed to her promptly upon execution of this
Agreement.
17. DEMAND DEPOSIT ACCOUNTS: The parties agree that the
demand deposit accounts listed on attached Exhibit "A", presently
held in the name of HUSBAND alone or jointly by the parties,
shall become the sole and exclusive property of HUSBAND upon the
entry of a final Decree in Divorce. WIFE acknowledges that she
has no further claim or interest in said accounts and agrees that
she will not assert any such claim in the future.
The parties agree that the Members 1" Federal Credit Union
account, numbered 41987, presently held in the name of WIFE,
-12-
shall become the sole and exclusive property of WIFE upon the
entry of a final Decree in Divorce. HUSBAND acknowledges that he
has no further claim or interest in said account and agrees that
he will not assert any such claim in the future.
In addition, the parties agree that HUSBAND will pay to WIFE
one hundred percent (100%) of the value of the accounts as listed
on Exhibit "A", totaling 535,075.10. Said sum shall be paid to
WIFE by HUSBAND, within ninety (90) days of the date of execution
of this Agreement.
18. STOCKS /:INVESTMENT FUNDS: The parties acknowledge and
agree that the financial assets listed on Exhibit "B" constitute
marital assets. The parties agree that WIFE shall receive as her
sole and separate property one hundred percent (100%) of the
assets listed on Exhibit "B" and HUSBAND hereby waives any right,
title, and claim for interest thereto. The parties shall
cooperate in effectuating the transfer of said stock and
investment funds to WIFE.
19. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: The
parties agree and acknowledge that they each have an Individual
Retirement Account with Waypoint Bank, with WIFE's account being
numbered 110052330 and HUSBAND's account being numbered
-13-
'?4 h
110052329. HUSBAND hereby acknowledges and agrees that WIFE
shall retain, as her separate property, her Individual Retirement
Account. HUSBAND hereby acknowledges that he has no further
claim, right, title or interest whatsoever in the Individual
Retirement Account of WIFE, and further agrees never to assert
any claim to the asset in the future.
The parties agree that HUSBAND's Waypoint Bank Individual
Retirement Account shall be rolled over into Wife's Waypoint Bank
Individual Retirement Account, and that it shall become the sole
and exclusive property of WIFE. HUSBAND agrees to refrain from
doing anything that would decrease the value from that which is
stated on attached Exhibit "C." HUSBAND hereby acknowledges that
he has no further claim, right, title or interest whatsoever in
the Waypoint Bank Individual Retirement Accounts listed in
Exhibit "C" and further agrees never to assert any claim to the
assets in the future. HUSBAND agrees to cooperate and do
everything necessary to execute whatever paperwork is required to
complete the rollover of funds into Wife's Individual Retirement
Account. Should a Qualified Domestic Relations Order (QDRO) be
necessary to effectuate the transfer of funds to WIFE, the
parties agree that a QDRO shall be prepared by a qualified
actuary, Harry M. Leister, Jr., at the parties' equally shared
expense.
rM
-14-
20. PENSIONS/RETIREMENT BENEFITS: The parties acknowledge
that as a result of HUSBAND's prior employment with the
Department of Navy, he has certain vested rights in a pension.
HUSBAND acknowledges that his pension through the Department of
Navy is entirely marital property and therefore agrees to assign
WIFE one-half of his now current gross monthly benefit, which
total benefit is approximately $2,540.00, to commence with the
execution of this Agreement. WIFE acknowledges that any tax owed
from her share of the monthly benefit will be assessed to her.
HUSBAND agrees never to elect any option which would result in a
reduced benefit to WIFE. The payout benefit called for under the
terms of this paragraph shall be made pursuant to a Qualified
Domestic Relations Order (QDRO)which shall be prepared Harry M.
Leister, Jr., FSA, of Conrad Seigel, Inc. The cost of the
preparation of said QDRO shall be shared equally by the parties.
HUSBAND's counsel shall provide WIFE's counsel with a draft copy
of the QDRO for her review within thirty (30) days of the signing
of this Agreement.
WIFE hereby consents to HUSBAND's election to waive a
qualified joint survivor annuity form of benefit under this
retirement account. WIFE further consents to HUSBAND's current
and future designation of any alternative form of benefit and of
beneficiaries other than WIFE under said plan and to any
-15-
V :_-.I
4
revocation and/or modification of such designation(s). WIFE
hereby further agrees to execute any and all documents or forms
which shall be required, at any time, and from time to time, by
said plan, including but not limited to, any consents required to
effect the payment of benefits in this manner. WIFE hereby
acknowledges that she understands the effect of HUSBAND's
elections and she consents thereto, so long as HUSBAND never
elects any option or designation which would result in reduced
benefits to WIFE. WIFE further acknowledges that she
understands, absent the consent contained in this paragraph, she
would have the right to limit her consent to the designation by
HUSBAND of a specific beneficiary or a specific form of benefits,
and WIFE hereby voluntarily elects to relinquish both such
rights.
21. MOTOR VEHICLES: With respect to the motor vehicles
owned by one or both of the parties, they agree as follows:
(a) The 1999 Mazda truck B4000 shall be and remain the sole
and exclusive property of HUSBAND;
(b) The 1990 300ZX Nissan Coupe shall be and remain the sole
and exclusive property of HUSBAND.
The titles to said motor vehicles shall be executed by the
parties, if appropriate for affecting transfer as herein
-16-
provided, on the date of execution of this Agreement, and said
executed title shall be delivered to the proper party on the
distribution date. HUSBAND agrees to be solely responsible for
any amounts presently due and owing against either of these
automobiles.
22. AFTER-ACQUIRED PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes,
as though he or she were unmarried.
23. LUMP SUM EQUITABLE DISTRIBUTION PAYMENT: HUSBAND
covenants and agrees to pay to WIFE the sum of $230,427.35, which
sum WIFE agrees to accept, in addition to such other property and
cash payment set aside to her by the terms of this Agreement, as
a full and complete property settlement and equitable
distribution of all marital property. Said sum shall be paid to
WIFE, by HUSBAND, within ninety (90) days of the date of the
execution of this Agreement.
-17-
24. HIGHER EDUCATION EXPENSES: The parties agree that they
will provide their son, Kevin C. Fenstermacher, with a college
education through the attainment of a bachelor's degree or
equivalent from a college or university or its equivalent. It is
contemplated by the parties that college level education may be
residential in nature, and the parties agree that in connection
with the college education, they will equally pay the following
costs: tuition, room and board, books, laboratory, student and
other fees billed directly by the educational institution. If
the child should reside "off campus" the parties shall equally
pay the reasonable rent and reasonable food allowance directly to
the child. The parties agree to consult with one another and
with the child as to the choice of any college or university most
appropriate to the needs and abilities of the child.
25. COUNSEL FEES: Except as provided herein, each party
hereby indemnifies and agrees to indemnify and hold the other
free and harmless against the claims of any attorney or person
who rendered or claims to have rendered services to him or her in
connection with the divorce proceeding and the negotiation of
this Agreement or otherwise.
-18-
26. INCOME TAX PRIOR RETURNS: The parties have heretofore
filed joint Federal and State tax returns. Both parties agree
that in the event any deficiency in Federal or State income tax
is proposed, or any assessment of any such tax is made against
either of them, each will indemnify and hold harmless the other
from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who
is finally determined to be the cause of the misrepresentations
or failures to disclose the nature and extent of his or he=
separate income on the aforesaid joint returns.
27. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1989
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
-19-
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in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
28. TAX ADVICE: Both parties hereto hereby acknowledge
and agree that they have had the opportunity to retain their own
accountants, certified public accountants, tax advisor, or tax
attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice
whatsoever by their respective attorneys. Further both parties
hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by
retaining an accountant, certified public accountant, tax
attorney, or tax advisor with reference to the tax implications
involved in this Agreement. Further, the parties acknowledge and
agree that their signatures to this Agreement serve as their
acknowledgment that they have read this particular paragraph and
have had the opportunity to seek independent tax advice.
29. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present and future. The parties release and
discharge the other absolutely and forever for the rest of their
-20-
.) 1.1 .
lives from all claims and demands, past, present or future, for
alimony or for any provision for support or maintenance, except
as specifically provided for herein. The parties further
acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for
alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein.
30. EFFECT OF DIVORCE DECREE: The parties agree that,
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a
final Decree in Divorce may be entered with respect to the
parties.
31. BREACH: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in
enforcing their rights under this Agreement.
-21-
32. WAIVER OF CLAIMS: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and
each party hereby waives and relinquishes any and all rights he
or she shall now have or hereafter acquire, under the present and
future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship,
including without limitation, dower, curtesy, statutory
allowance, widow's allowance, widower's allowance, right to take
in intestacy, right to take against the Will of the other, and
the right to act as administrator or executor of the other's
estate. Each party will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
33. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
34. FINANCIAL DISCLOSURE: The parties confirm that they
have relied on the completeness and substantial accuracy of the
I1
Li
financial disclosure of the other as an inducement to the
-22-
... ,
execution of this Agreement
The parties acknowledge that formal
discovery has been conducted in their pending divorce action and
that neither party has filed an Inventory and Appraisement as
required by Section 3505(b) of the Pennsylvania Divorce Code.
Notwithstanding the foregoing, the rights of either party to
pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other
party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other
party or his or her counsel prior to the date of the within
Agreement is expressly reserved. In the event that either party,
at any time hereafter, discovers such an undisclosed asset, that
party shall have the right to petition the Court of Common Pleas
of Cumberland County to make equitable distribution of said
asset.
The non-disclosing party shall be responsible for payment of
counsel fees, costs or expenses incurred by the other party in
seeking equitable distribution of said asset.
Notwithstanding the foregoing, the Agreement shall in all
other respects remain in full force and effect.
35. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
II
-23-
their respective heirs, executors, administrators, successors and
assigns.
36. ADDITIONAL INSTRUMENTS: Each of the parties shall,
from time to time, at the request of the other, execute,
acknowledge and deliver to the other any and all further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
37. VOID CLAUSES: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
38. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
Agreement.
i
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. 1.
39. MODIFICATION AND WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent defaults of the same
or similar nature.
40. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no affect
whatsoever in determining the rights or obligations of the
parties.
41. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980 and any amendments
thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and s \thee date and year first above written. \/11
WITNESS ?RY\ _ NSTERMACH(E?R
(SEAL)
I NESS HE BERT C. FENSTERMACHER JR.
-25-
t
COMMONWEALTH OF PENNSYLVANIA )
/ )SS:
COUNTY OF I"G!5A*-3D' )
On this, the day of 200x, before me,
/ 411C
a Notary Public, the undersigned officer, personally appeared
Mary M. Fenstermacher, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARIAmyoAJ.MATU LCity of lebMnon.
My Camndesion F?
COMMONWEALTH OF PENNSYLVANIA )
?um?r?a ) SS:
COUNTY OF )
no Aary Pic
On this, the 913 day of a , 2002, before me,
a Notary Public, the undersigned officer, personally appeared
Herbert C. Fenstermacher, Jr., known to me (or satisfactorily
proven) to be the person whose name is subscribed to the
foregoing Property Settlement Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
Notary Public
NOTARIAL SEAL
Candith Y. H EL Notary Public
PaiSView Dmp.. York County
My COMMISSIDU Papims Nov. 19.2005
..
DEMAND DEPOSIT ACCOUNTS
DESCRIPTION VALUE
1. Mechanics Savings and Loan Certificate of Deposit
Account No. 015270 $1,180.14
2. Members First Federal Credit Union checking account
Account No. 12010 $1,987.29
3. Members First Federal Credit Union savings account
Account No. 12010 $4,958.65
4. Members First Federal Credit Union Money Market account
Account No. 12010 $9,819.25
5. Strong Funds Money Market account
Account No. 031-1200583037 $5,075.00
6. Strong Money Market Fund
Account No. 023-2302654436 $ 578.65
7. First Union Money Market account
Account No. 9629983224 $6,061.00
8. Keystone Financial Money Market account
Account No. 3440048175 $5,415.12
Total $35,075.10
EX-EIBIT "A"
i 1, .. -
STOCKS/INVESTMENT ACCOUNTS
1. 22 shares of Duquesne Electric stock
2. 1,500 shares of Steeleton Bank Corp., Inc, stock
3. John Hancock Funds, account no. 57-4000246821
4. Mutual Beacon Fund - Class Z (Franklin Templeton Investments), account no.
076-780811156
5. Neuberger Berman account, account no. 140165624
6. Davis Funds, account no. 2119089599
7. Dreyfus Founders Funds, account no. 9460042221
8. Vanguard 500 Index Fund, account no. 9895818958
9. HARP Investment Program, account no. 00003702714
10. PBHG Funds, account no. 8001880
11. Legg Mason Equity Funds, account no. 118-14040
12. Fremont Funds, account no. 0000707109
13. Fidelity Investments, account no. 2AF-610410
14. Waterhouse Investment account, account no. 438-0239816
i.
ExHIBrr "B„
INDIVIDUAL RETIREMENT ACCOUNTS
9/16/02
Description Titled To DOS Value Value
2.
York Federal (now Waypoint Bank)
IRA, #1100052329
York Federal (now Waypoint Bank)
IRA, #1100052330
HUSBAND $4,182.46 $4,739.86
WIFE $4,199.48 Unknown
EXHIBIT "C"
MARY M. FENSTERMACHER,
PLAINTIFF
VS.
HERBERT C. FENSTERMACHER, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 1999-7508 CIVILTERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
Ground for divorce:
Irretrievable breakdown under §3301(c)
-3=4d)(,'4 of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: ThP ccrnnl ai nt was seryeA 12120199 -t 0019-141
Hrs. by Shannon Sunday, Cumb. Co. Sheriff's Office on the Defendant, Herbert C.
Chadwick Fenstermacher (adult son). (Affidavit filed.) Amended Canplaint served**
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
by plaintiff January 7, 2003 ; by defendant January 10, 2003.
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending:
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: - January 23, 2003
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: January 23, 2003
**9/18/00, by U.S.Mail to Maria P. Cognetti, Esquire,
A21
ttorney for Defendant. (Affidavit filed.)
Attorney for Plaintiff / R60jEbpt
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MARY M. FENSTERMACHER,
PLAINTIFF
VS.
HERBERT C. FENSTERMACHER, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS
. OF CUMBERLAND COUNTY,
PENNSYLVANIA
. CIVIL ACTION - LAW
NO. 1999- 07508
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the foregoing 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 in 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:
Office of the Prothonotary
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-91A Z
Patrick M. Reb, Esquire #17756
547 South Tenth Street
Lebanon, PA 17042
(717-274-6620
Attorney for Plaintiff
MARY M. FENSTERMACHER,
PLAINTIFF
vs
HERBERT C. FENSTERMACHER, JR.
DEFENDANT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION- LAW
: NO. 1999-07508
: IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in an Amended Complaint in a divorce
proceeding filed in the Court of Common Pleas of Cumberland County. This
notice is to advise you that in accordance with Section 3302(d) of the Divorce
Code, you may request that the court require you and your spouse to attend
marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations
Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that
this list is kept as a convenience to you and you are not bound to choose a
a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for
counseling within twenty days of the date on which you receive this notice.
Failure to uc so will constitute a waiver of r right to request counseling.
Pa ri M. Reb, Esq ire #17756
547 South Tenth Street
Lebanon, PA 17042
(717-274-6620)
Attorney for Plaintiff
MARY M. FENSTERMACHER,
PLAINTIFF
VS.
HERBERT C. FENSTERMACHER, JR.
DEFENDANT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION/LAW
:NO. 1999 -07508
:IN DIVORCE
AMENDED COMPLAINT
AND NOW COMES MARY M. FENSTERMACHER, Plaintiff in the above
captioned matter and files an Amended Complaint in Divorce,
as follows:
COUNT II - EQUITABLE DIVISION
6. Paragraphs 1 through 5 of the original Complaint are
incorporated herein by reference.
7. Plaintiff and Defendant have acquired property during
their marriage from March 9, 1968 and until November 31, 1999,
the date of separation.
8. Plaintiff and Defendant have been unable to agree as
to an equitable division of said property.
WHEREFORE, Plaintiff requests your Honorable Court to
equitably divide said marital property.
COUNT III - ALIMONY
9. Paragraphs 1 through 8 of the Complaint and Amended
Complaint are incorporated herein by reference.
10. Plaintiff lacks sufficient property to provide for
her reasonable means and is unable to support herself through
appropriate employment.
11. Plaintiff requires reasonable support to adequately
maintain herself in accordance with the standard of living
established during the marriage.
WHEREFORE, Plaintiff requests your Honorable Court to enter
an award of alimony as deemed appropriate.
COUNT IV - COUNSEL FEES, COSTS AND EXPENSES
12. Paragraphs 1 through 10 of the Complaint and Amended
Complaint are incorporated herein by reference.
13. Plaintiff has employed counsel, but is unable to pay
the necessary and reasonable attorney's fees for said counsel.
WHEREFORE, Plaintiff requests your Honorable Court to enter
an award of counsel fees, costs and expenses in the interim
until final hearing and thereupon award such additional counsel
fees, costs and expenses as deeZappr iate .Patrick . Reb, Esquire
I.D.#17756
547 South Tenth Street
Lebanon, PA 17042
Attorney for Plaintiff
'i
VERIFICATION
I verify that the statements made in the foregoing
AMENDED COMPLAINT are true and correct. I
understand that false statements herein are made subject to the
penalties of 16 Pa.C.S. Section 4904 relating to unsworn falsi-
fication to authorities-
DATED: September 12, 2000.
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07508 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FENSTERMACHER MARY M
VS
FENSTERMACHER HEBERT C JR
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE was served upon
FENSTERMACHAER HERBERT C JR the
DEFENDANT at 0019:34 HOURS, on the 20th day of December 1999
at 325 WEST MEADOW DRIVE
MECHANICSBURG, PA 17055 by handing to
CHADWICK FENSTERMACHER (ADULT SON)
a true and attested copy of COMPLAINT - DIVORCE together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.82
Affidavit .00
Surcharge 8.00
.00
32.82
Sworn and Subscribed to before
me this /F tV day of
A.D.
rothonotary
So Answers:
/.
R. Thomas Kline
12/21/1999
PATRICK M. REB
By. Jx_cymm-D-il ..tl a r
Deputy Sheriff
g :IN THE COURT OF COMMON PLEAS OF
MARY M. PIMA"CHER, :CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION/LAW
VS.
:NO. 99-7508
HERBERT C. FENSTERMACHER,
DEFENDANT :IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on December 15, 1999.
2. The marriage of plaintiff and defendant is
irretrievably broken and ninety days have elapsed from the date
of filing 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.D. Section 4904 relating to
unsworn falsification to
Date: January 7 , 200
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MARY M. FENSTERMACHER,
PLAINTIFF
VS.
HERBERT C. FENSTERMACHER,
DEFENDANT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION/LAW
:NO. 99-7508
: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. Sec. 4904 relating to
unsworn falsification to authorities,
Date: January 7 , 9003
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M7MA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
MARY M. FENSTERMACHER : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-7508 CIVIL
HERBERT C. FENSTERMACHER : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 15, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
t
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. Section 4904 relating to
unswom falsification to authorities.
Date: Her
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 9094060
Attorneys for Defendant
MARY M. FENSTERMACHER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
HERBERT C. FENSTERMACHER
Defendant
NO, 99-7508 CIVIL
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301fc1 OF THE DIVORCE CODE
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. § 4904 relating to unswom
falsification to authorities.
DATE: \\\10\0,2; ?L? (? `
Hebert C. Fenstermacher
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MARY M.FENSTERMACHER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVI1, ACTION - LAW
00 - 7508
VS. No. clvlt. 19
HERBERT C. FENSTERMACHER, JR. r! 1; i Vorct:
Defendant
STATUS SHEET
DATE: I ACTIVITIES:
42 t i trN???I?LDJ`.
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MARY M. FENSTERMACHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 00 - 7508 CIVIL
HERBERT C. FENSTERMACHER, JR.,:
Defendant IN DIVORCE
TO: Patrick M. Reb
Maria P. Cognetti
Attorney for Plaintiff
Attorney for Defendant
DATE: Thursday, August 22, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions .
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
N9 AIRIA P. COGNII;'1[" ICI & Ass®cu mq
Attorneys & Counselors at Law
710 Grandview Avenue, Suite 102# Camp Hill, PA 17011
Telephone (717) 9094060 ? Pax (717) 9094068
Email CogneltiLasv@aol.com
Maria P. Cognetti• Practice Limited ra Matrimonial Law Karen A. Sheriff
Attorney at Law Paralegal
'Fellow, American Academy of
Matrimonial Lawyers
'Fellow, Intemational Acndemy of
Matrimonial Lawyers
January 31, 2003
E. Robert Elicker, II, Divorce Master
ATTENTION: Tracy
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: FENSTERMACFIER v FENSTERMACHER
Our File 156
Dear Tracy:
Candith Y. Hill
Paralegal
As per your request, enclosed please find two (2) copies of the Property Settlement
Agreement between Mary M. Fenstermacher and Herbert C. Fenstermacher, Jr.
Please let me know if I can be of any further assistance.
Very truly yours,
C?zl ELI
Candith Y. Hill
Paralegal
CYH/waw
Enclosures
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
September 6, 2002
Patrick M. Reb, Esquire
547 South Tenth Street
Lebanon, PA 17042
West Shore
697.0371 Ext. 6535
Maria P. Cognetti
Attorney at Law
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
RE: Mary M. Fenstermacher vs. Herbert C. Fenstermacher, Jr.
No. 00 - 7508 Civil
In Divorce
Dear Mr. Reb and Ms. Cognetti:
Both counsel have certified that discovery is complete. Therefore, I
do not anticipate that we will be dealing with any discovery issues at the
time of the pre-hearing conference.
A divorce complaint was filed on December 15, 1999, raising
grounds for divorce of irretrievable breakdown of the marriage. No
economic claims were raised in the complaint.
On September 14, 2000, an amended complaint was filed raising
economic issues of equitable distribution, alimony, and counsel fees and
costs.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Friday, September 27, 2002.
Upon receipt of the pretrial statements, I will immediately schedule a
pre-hearing conference with counsel to discuss the issues and, if
J
Mr. Reb and Ms. Cognetti, Attorneys at Law
6 September 2002
Page 2
necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
MARY M. FENSTERMACHER
Plaintiff
VS.
HERBERT C. FENSTERMACHER, JR.
Defendant
' r .
t
IN THE COURT OF COMMON PLEAS y
OF CUMBERLAND COUNTY,
PENNSYLVANIA
i
CIVIL ACTION - LAW f.
NO. CCIVIL .
IN DIVORCE
?G.lL.h7
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the foregoing 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 in 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:
Office of the Prothonotary
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OA ANNULMENT IS GRANTED, YOU MAY LOSE THE EIGHT TO CLAIM AMY
OF THEM.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP..
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
1-800-990-9M8-
17013
Patrick M. Reb, Esquir
547 South Tenth Street
Lebanon, PA 17042
(717) 274-6620
Attorney for Plaintiff
MARY M. FENSTERMACHER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
HERBERT C. FENSTERMACHER, JR.
Defendant NO. CIVIL '91- 2
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEPENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance vith Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being
handed down by the court- A list of professional marriage counselors is available at
the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are
advised that this list is kept as a convenience to you and you are not bound to choose
a counselor from this list. All necessary arrangements and the cost of counseling
sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
viTJ n twenty days of the date on which you receive this notice. Failure to do so vill
constitute a waiver of your right to request couns ag.
Pa rick M. Reb, Esquire 417756
547 South Tenth Street
Lebanon, PA 17042
(717) 274-6620
Attorney for Plaintiff
4.4
MARY M. FENSTERMACHER
PLAINTIFF
VS.
HERBERT C. FENSTERMACHER, JR
DEFENDANT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION/LAW
No. CIVIL 1999-?sob G-.'T
:IN DIVORCE
C O M P L A I N T
1. Plaintiff is Mary M. Fenstermacher, of 3901 Hartzdale
Drive, Suite 110, Camp Hill, PA 17011.
2. Defendant is Herbert C. Fenstermacher, Jr., who resides
at 325 West Meadow Drive, Mechanicsburg, PA 17055.
3. Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 9,
1968, at Reading, Pennsylvania.
5. The marriage is irretrievably broken.
WHEREFORE, Plaintiff re7;a to enter a decree
of divorce.
b, Esquire #17756
547 South Tenth Street
Lebanon, PA 17042
(717) 274-6620
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing
Complaint in Divorce are true and correct. I understand
that false statements herein are made subject to the
penalties of 10 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
?w
DATED: December 9, 199 9. MarFenstermacher
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PRAECIPE FOR ENTRY OF APPEARANCE
MARY M. FENSTERMACHER, IN THE COURT OF COMMON PLEAS of
PLAINTIFF Cut'IBERtm COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 49 - 7S-0 P
VS.
HERBERT C. FENSTERMACHER, JR.,
DEFENDANT
TO PROTHONOTARY OF
SAID COUNTY;
SIR, Please enter the appearance
of P
Individual or Law Firm
whose address is -547 cn„*h mAni h cfr a* r 5,
as Attorney (s) for Mary M. Fenstermacher,
the Plaintiff
in
Dated December 10, 19 99
Signature
Patrick M. Reb Esquire
ID N 17756
REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Defendant
MARY M. FENSTERMACHER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-7508
HERBERT C. FENSTERMACHER, JR., CIVIL ACTION - LAW
Defendant IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of HERBERT C. FENSTERMACHER, JR., the
Defendant in the above-captioned matter.
REAGER, ADLER & COGNETTI, PC
Date: June 23, 2000 By: al'fI2. /Z'20 1.
,
MARIA P. C NETT , E QUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorney for Defendant
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PATRICK M. REB
ATTORNEY AT LAW
547 South 10th Street
LEBANON, PENNSYLVANIA 17042
(717) 274-6620
September 4, 2002
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: Fenstermacher v. Fenstermacher
No. 00 - 7508 Civil
Dear Master Elicker:
Enclosed please find Plaintiff's Certification that discovery in
this matter is complete.
Thank
for your attention to this matter.
y yours,
PATRICK M. REB
PMR:djm
Enclosure
cc: Maria P. Cognetti, Esquire
MARY M. FENSTERMACHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 00 - 7508 CIVIL
HERBERT C. FENSTERMACHER, JR.,:
Defendant IN DIVORCE
TO: Patrick M. Reb , Attorney for Plaintiff
Maria P. Cognetti , Attorney for Defendant
DATE: Thursday, August 22, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
I certify that discovery is complete as to the claims for which
the Master has been appointed.
9/4/02
DATE
COUNSEL FOR PLAINTIFF (XX)
gan NMX ox XN$Ksuj{ TX$XX)c
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
CERTIFICATE OF SERVICE
I, Patrick M. Reb, Esquire, Attorney for the Plaintiff
herein, do hereby certify that on this date I served the
foregoing Certification by depositing a true and exact copy
thereof in the United States mail, first class, postagc: prepaid,
addressed as follows:
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
DATE: September 9, 2002. Patrick M. Reb, Esquire #17756
547 South Tenth Street
Lebanon, PA 17042
(717) 274-6620
Attorney for Plaintiff
MARIA P. COGNE'In & AsSOCIA,TGS
Attorneys and Counselors at Law Practice Limited to Matrimonial Law
Maria P. Cognetti• Karen A. Sheriff
Attomey at Law - Paralegal
Leigha M. Jennings Candith Y. Hill
Attomey at Law Paralegal
•Fellow, American Academy of
Maaimonlal Lawyers
E. Robert Elicker, 11, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
August 28, 2002
RE: FENSTERMACHER a FENSTERMACHER
Our File No. 156
Dear Master Elicker.
Enclosed please find Defendant's Certification that discovery in this matter is complete.
Your attention to this matter is very much appreciated.
Very truly yours,
Candith Y. Hill v
Paralegal
cc:
Herbert C. Fenstermacher, Jr. (w/o enclosure)
Patrick Reb, Esquire (w/enclosure)
210 Grandview Avenue, Suite 102 a Camp Hill, PA 17011
Telephone(717)909-4060 ? Fax(717)9094068
Email CognettiLaw®aol.com
MARY M. FENSTERMACHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 00 - 7508 CIVIL
HERBERT C. FENSTERMACHER, JR.,:
Defendant IN DIVORCE
TO: Patrick M. Reb
Maria P. Cognetti
Attorney for Plaintiff
, Attorney for Defendant
DATE: Thursday, August 22, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
I certify that discovery is complete as to the claims for
which the Master has been appointed.
DATE
COUNSEL 0 # g ??(#XON
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
CERTIFICATE OF SERVICE,
1, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Certification by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Patrick M. Reb, Esquire
547 South 10'h Street
Lebanon, PA 17042
MARIA P. COGNETTI & ASSOCIATES
Date: August C20 , 2002 By: ?
MARIA . COG TI & ASSOCIATES
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS:
MARY M FENSTERMACHER : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
HERBERT C. FENSTERMACHER. JR : NO.07508 TERM 1999
Defendant
MOTION FOR APPOINTMENT OF MASTER
AND NOW, August 2002, comes the undersigned attorney for the Defendant and certifies to the Court
that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and
therefore respectfully moves the Court for appointment ofa Master. The following matters are at issue between the
plaintiff and the defendant:
(X) Divorce; (X) Counsel fees, costs and expenses; "
( ) Support; ( ) Paternity;
(X) Alimony; ( ) Custody;
(X) Equitable distribution of ( ) Other
property;
Service of the complaint was made on the above named defendant on or about December 21, 1999 by
Personal Service.
An appearance on behalf of the plaintiff has been entered by Patrick M. Reb, Esquire. The following
attorneys have been interested in other matters arising between the plaintiff and defendant:
N/A
S
Contest is indicated. -
/MARIA P. C GNETTI, S IRE
Attorney for Defendant /?ii??,{??_/
AND NOW, tam ?S? 2002,,/cam ??tcruy '?
Esq., is hereby a ointed Master in this proceeding to hear the testimony and return the record and a
transcript to the Court together with report and recommendation. `
BY THE COURT: i=
- ------------------ -
IF
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CERTIFICATE OF SERVICE
1, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Motion for Appointment of Master by depositing a true and exact
copy thereof in the United States mail, first class, postage prepaid, addressed as follows:
Patrick M. Reb, Esquire
547 South 10 h Street
Lebanon, PA 17042
MARIA P. COGNETTI & ASSOCIATES
r
By:
MARIA . COGN I & ASSOCIATES
Attorney I.D. No. 2 4
210 Grandview Avenue, Suite 102 '_
Camp Hill, PA 17011 f: ,
Telephone No. (717) 9094060
Attorney for Defendant
11
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MARY M. FENSTERMACHER,
PLAINTIFF
VS.
HERBERT C. FENSTERMACHER, JR
DEFENDANT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION/LAW
:NO. 1999-07508
:IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF LEBANON )
PATRICK M. REB, ESQUIRE, being duly sworn according to law
depose and say that I mailed on September 18, 2000, by U.S. Mail,
Postage prepaid, a time-stamped copy of the Amended Complaint in
Divorce in the above captioned matter, (Sender's Receipt
attached), the original of which was lodged with the Prothonotary
of Cumberland County, on September 14, 2000, to:
Maria P. Cognetti, Esquire
REAGER, ADLER & COGNETTI, PC
2331 Market Stre
Camp Hill, Pen yl ania 17011
Sworn to and subscribed
before me this 18th day
ofS t?emnber, A. , 2000.
Notary PuI0.YC
My Comm. Exp.: Oct. 6, 2002.
Patrick M. Reb, Esquire
NOTARIAL SeAI
DARLA J. AIATULA, =ry OuWk
Labco , Lmm. C", ?A
My C-m"O" &O M Ou. 6,20W
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, NOT
1'
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PROVIDE FOR INSURANCE-POS fl ;
Received From: ^
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PATRICK M. REB, ESQUIR y
547 South Tenth Street o
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Lebanon, PA 17042
One piece of ordinary mail addressed to: c m r
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Maria F. Co netts Esquire
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2331 Market Street NO o a
Camp HI 11, PA 17011-4542 m
Form 3817, Mar. 1989 OPo 1993 0 - 151-05,
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REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Defendant
MARY M.FENSTERMACHER,
Plaintiff
V.
HERBERT C. FENSTERMACHER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7508
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, comes the Defendant, Herbert C. Fenstermacher, Jr., by and through his attorneys,
Reager, Adler & Cognetti, P.C., and files the following Answer to the Amended Complaint and in
support thereof avers as follows:
COUNT II - EQUITABLE DIVISION
6. Paragraphs 1 through 5 of the original Complaint are incorporated herein by reference
thereto.
Admitted.
8. Admitted.
WHEREFORE, Defendant requests this Honorable Court equitably divide the marital property.
COUNT III - ALIMONY
9. Paragraphs 1 through 8 of the Complaint, Amended Complaint and Defendant's Answers
thereto are incorporated herein by reference.
10. Denied. It is specifically denied that Plaintiff lacks sufficient property to provide for her
reasonable means and is unable to support herself through appropriate employment.
11 . Denied. It is specifically denied that Plaintiff requires reasonable support to adequately
maintain herself in accordance with the standard of living established during the marriage.
WHEREFORE, Defendant requests this Honorable Court deny Plaintiffs request for alimony.
COUNT IV - COUNSEL FEES, COSTS AND EXPENSES
12. Paragraphs I through I I ofthe Complaint, Amended Complaint and Defendants answers
thereto are incorporated herein by reference.
13. Denied. It is specifically denied that Plaintiff is unable to pay the necessary and reasonable
attorney's fees for her counsel.
WHEREFORE, Defendant requests this Honorable Court deny Plaintiffs request for counsel fees,
costs and expenses.
Respectfully requested,
REAGER, ADLER & COGNETTI, PC
Date: September 28, 2000 By:
MARIA PICOGNFT)'I, ESQUIRE
Attorney I.D. No. 4
2331 Market Street
Camp Hill, PA 17011.4642
Telephone No. (717) 763-1383
Attorney for Defendant
L\Client DirectoryTPo stemacherV'IcadingsVAns%%cr to Amended Complaint.uTd
1
1, Herbert C. Feostar=cher, Jr., hetoby verify and state that the facts set forth in the
foregoing document are tree and correct to the best of my ioforrnadon, )mow)edge and belief. I
undetstand that Use statements herein are made subject to the penalties of 18 Pa C.S.A. §4904
relating to uwwora verification to authorities.
-A .? ?
ILAbed C. Fenstermacher, Jr.
DATE: d - Z 0 . 00
s??
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Herbert C. Fenstermacher, Jr., Defendant
herein, do hereby certify that on this date I served the foregoing Answer to Amended Complaint
by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid,
addressed as follows:
Patrick M. Reb, Esquire
547 South Tenth Street
Lebanon, PA 17042
Respectfully Submitted,
GER, A O TTI, P.C.
By:
Maria P. C gnetti, s ire
Sup. Ct. I.D. #2791
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorney for Defendant
Dated: September 28, 2000
EEEt-E94 QUI
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PATRICK M. REB
ATTORNEY AT LAW
547 South loth Street
LEBANON, PENNSYLVANIA 17042
(717) 274-6620
September 24, 2002
E. Robert Elicker, II,
Divorce Master
Office of Divorce Master
Cumberland County
Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
RE: Mary M. Fenstermacher vs
No. 00-7508 Civil
In Divorce
Herbert C. Fenstermacher, Jr.
Dear Mr. Elicker:
In speaking with Ms. Candith Y. Hill at Attorney Cognetti's
office on Tuesday, September 24, 2002, it is my understanding
that you have graciously agreed to hold in abeyance the directive
stated in your letter of September 6, 2002, to file a pretrial
statement on or before Friday, September 27, 2002. Be assured
that Attorney Cognetti and I are working fervently toward a
settlement in this matter, and hope to inform you that the matter
is concluded in short order.
Thank you very much for your kind consideration.
Ve tru yours, 12
PATRICK M. REB
PMR:djm
cc: Maria P. Cognetti, Esquire
Mary M. Fenstermacher
MARIA, P. COGNET I & ASSOCIATES
Attorneys and Counselors at Law Practice Limited to Matrimonial Lmv
Maria P. Cogncui' Karen A. Sheriff
Attorney at Law Paralegal
Leigha M. Jennings
Attorney at Law
'Fellow. American Academy of
Matrimonial Lawyers
September 24, 2002
Candith Y. Hill
_ Paralegal
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: FENSTERMACHER v. FENSTERMACHER
Our File No. 156
Dear Master Elicker:
You have directed that Pre-Trial Statements, for the above-referenced divorce action, are
due by Friday, September 27, 2002. 1 am writing to advise you that the parties are very close to
settlement and request that the scheduling for this matter, including the Pre-Trial Statement
deadline be continued. In the event that negotiations fail to bring a resolution to this matter, we
will contact your office to resume scheduling. Opposing counsel joins in this request and intends
to direct his confirming correspondence to your office as well.
Please let me know if there is anything further you require. Your anticipated agreement
to this request is very much appreciated.
Very truly you ,
MPC/waw
Maria P. ognet
cc: Patrick M. Reb, Esquire (via facsimile no. 274-6653)
Herbert C. Fenstermacher, Jr.
210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011
Telephone(717)909.4060 o Fax(717)9094068
Email CognettiLaw@aol.com
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
MARY M. FENSTERMACHER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
HERBERT C. FENSTERMACHER
Defendant
NO. 99-7508 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 15, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
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. Section 4904 relating to
unswom falsification to authorities.
Date: 1\\ d\o'?) Her eri
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
MARY M. FENSTERMAC14ER : IN THE COURT OF COMMON PLEAS
Plaintiff
V.
HERBERT C. FENSTERMACHER
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7508 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301(c) OF THE DIVORCE CODE
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.
I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom
falsification to authorities.
DATE: \\\n\0'2)
He bert C. Fenstermacher
f-
L: 3
u o .?
Marv M. Fenstermacher
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Herbert C. Fenstermacher NO. 99-7508
Defendant
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the
Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant.
It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the
Office of Personnel Management ("OPM").
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3. This DRO relates to the provision of marital property rights to the Alternate Payee
pursuant to a Marital Settlement Agreement dated January 7, 2003.
4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor
thereto. Herbert C. Fenstermacher ("Participant") is a Participant in the Plan. Mary M.
Fenstermacher ("Alternate Payee'), the former spouse, is the Alternate Payee for the purposes of
this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Herbert C. Fenstermacher
740 Colonial Court
Mechanicsburg, PA 17050
Social Security No.: 203-36-5202
Date of Birth: May 18, 1947
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
i a
0.
DRO
Page 2
Mary M. Fenstermacher
4 West Christopher Court
Hummelstown, PA 17036
Social Security No.: 200-38-9000
Date of Birth: June 24, 1948
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with the Plan at all times.
The Participant is currently receiving a monthly pension under the Plan.
8. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity
under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share
directly to Alternate Payee.
9. This DRO assigns to Alternate Payee an amount equal to 50% of the Participant's Gross
Monthly Annuity. In addition to the above, when COLA's are applied to Participant's retirement
benefits, the same COLA shall apply to the Alternate Payee's share.
10. Payments to Alternate Payee shall commence as soon as administratively feasible
following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all
forms necessary for the OPM to commence payments to the Alternate Payee in accordance with
the terms of the DRO.
11. Payments shall continue to Alternate Payee for the remainder of the Participant's
lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the
Participant's pension shall revert to the Participant.
12. The Alternate Payee is not awarded any former spouse survivor annuity.
13. In no event shall the Alternate Payee have greater benefits or rights other than those
which are available to the Participant. The Alternate Payee is not entitled to any benefit not
otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits
DRO
Page3
offered by the Plan as provided in this Order. All other rights, privileges and options offered by
the Plan not granted to Alternate Payee are preserved for the Participant.
14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for
amounts paid to each such person.
15. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall
immediately reimburse the Alternate Payee to the extent that he 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 the Plan inadvertently pays to the Alternate Payee any
benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall
immediately reimburse the Participant to the extent she has received such benefit payments and
shall forthwith pay such amounts so received directly to the Participant within ten (10) days of
receipt.
16. If Participant takes any action that prevents, decreases, or limits the collection by
Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee
directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions
taken by Participant.
17. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain
jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a
Domestic Relations Order, provided, however, that no such amendment shall require the Plan to
provide any form of benefit or any option not otherwise provided by the Plan, and further provide
that no such amendment or right of the Court to so amend will invalidate this Order.
EXECUTED this day of 2003.
BY THE COURT
Ju e
/ ..yu ^IViP
DRO
Page 4
CONSENT TO ORDER:
DEFENDANT/PARTICIPANT
Signature
Date
Date
ATTORNEY FOR PLAINTIFF/ ATTORNEY FOR DEFENDANT/
ALTE TE PAYEE PARTICIPANT
Signature / Signature
3 /o Cr/U 3 qIl co
Date Date
Marv M Fenstermacher
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Herbert C. Fenstermacher NO. 99-7508
Defendant
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the
Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant.
It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the
Office of Personnel Management ("OPM").
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3, This DRO relates to the provision of marital property rights to the Alternate Payee
pursuant to a Marital Settlement Agreement dated January 7, 2003.
4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor
thereto. Herbert C. Fenstermacher ("Participant") is a Participant in the Plan. Mary M.
Fenstermacher ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of
this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Herbert C. Fenstermacher
740 Colonial Court
Mechanicsburg, PA 17050
Social Security No.: 203-36-5202
Date of Birth: May 18, 1947
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
1
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C.J
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