HomeMy WebLinkAbout07-2178DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
MICHAEL STEPHEN WISE, : NO. v7 - 2l'e' CIVIL TERM
Defendant : IN DIVORCE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A fist of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover
Streets, Carlisle Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone 717 249-3166
DONNA LOUISE WISE,
Plaintiff
V.
MICHAEL STEPHEN WISE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO.07 -al ? CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Donna Louise Wise, who currently resides at 152 Emerson Drive, Carlisle, Pa
17015.
2. Defendant is Michael Stephan Wise, who currently resides at C :44ot,4
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six months immediately previous to filing this Complaint.
4. Plaintiff and Defendant were married on May 20, 1997.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been advised that counseling is available, and that either may have the
right to request that the Court order the parties to participate in counseling.
8. There were no children born during this marriage.
9. Neither of the parties in this action is presently a member of the armed forces.
10. The plaintiff and Defendant are both citizens of the United States.
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COUNT I-DIVORCE
11. The Plaintiff avers that the grounds on which the action is based are as follows;
a. That Defendant vacated the marital residence without provocation in excess of
one year before the filing of this proceeding.
b. That the marriage is irretrievably broken.
COUNT II-EQUITABLE DISTRIBUTION
12. During the marriage Plaintiff and Defendant have acquired various items of marital
property, both real and personal which are subject to equitable distribution under
Chapter 35 of the Divorce Code. These items include but are not limited to:
a. The marital residence
b. Personal property located at the marital residence
c. The Corporation known as Emily's Toy Box, LLC. This asset includes the
musical group, all of its attendant equipment, vehicles, musical instruments and
ongoing revenue in a significant amount.
d. Automobiles.
e. Numerous other items of personal property too numerous to enumerate.
f. Numerous stock, cash and investment accounts.
g. That the parties to this proceeding also incurred a substantial amount of marital
debt which should be equitably distributed between the parties.
G
WHEREFORE, Plaintiff requests this honorable court:
h. Enter a decree of divorce.
i. Equitably distribute all property both personal and real, owned by the parties,
including equally dividing the parties interest in Emily's Toy Box LLC and its
performance revenues for a period of no less than 36 months.
j. Allocate all debt equally between the parties.
k. Grant such further relief as the Court may deem equitable and just.
Respectfully Submitted,
Gan Law Group
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,ulre
Attorney I.D. 68721
17 West South Street
Carlisle, Pennsylvania, 17013
717-241-4300
VERIFICATION
I verify that the attached complaint for divorce is true and correct to the best
of my knowledge. I understand that false statements herein are made subject to the
penalties of PA CS 4904, relating to unsworn falsification to authorities.
Date: '?- /U -0-1
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DONNA LOUISE WISE IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 07-2178
MICHAEL WISE,
Defendant IN DIVORCE
PROOF OF SERVICE BY FIRST CLASS MAIL
I, Richard R. Gan, Esquire, do hereby certify that on April 26, 2007 a copy of Plaintiffs
complaint for divorce was served on counsel for Defendant in the above referenced matter.
Service was made to:
Mr. Robert Hopstetter Esq.
Feeman, Mesics, & Hopstetter
247 South Eighth Street
Lebanon. Pennsylvania 17042
Law Offices of Richard R. Gan
Attorney I.D. No. 68721
17 West South Street
Carlisle, PA 17013
(717) 241-4300
Attorneys for Plaintiff
Dated: August 2, 2007
Document #: 181832.1
This document prepared by
Gan Law Group
Attorney I.D. 68721
17 West South Street
Carlisle, Pennsylvania, 17013
717-241-4300
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of August, 2007, I, Richard R. Gan, Esquire, of Gan Law
Group, attorneys for Plaintiff, hereby certify that I served a copy of the within Proof of Service by
Mail this day by depositing the same in the United States mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Mr. Robert Hopstetter. Esq
247outh Eighth Street
Lebanon, Pennsylvania 17042
Document #: 181832.1
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DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
V. : CIVIL ACTION
MICHAEL STEPHEN WISE,
: NO.: 07-2178
Defendant : IN DIVORCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
ENTRY OF APPEARANCE
AND NOW, this day of November, 2007, comes the undersigned counsel,
Joseph L. Hitchings, Esquire and respectfully requests that his appearance be entered on behalf of
the Defendant, Michael Stephen Wise, in the above-captioned case.
Respectfully submitted,
MCSHANE & HITCHINGS, LLC
V.sep itchings, E -ire
Attorney Identification No.: 65551
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax: (717) 657-2060
Attorney for Defendant
DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION
MICHAEL STEPHEN WISE,
: NO.: 07-2178
Defendant : IN DIVORCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
CERTIFICATE OF SERVICE
I, Joseph L. Hitchings, Esquire, hereby certify that the following service has been
completed in compliance with the Rules of Civil Procedure:
Via first class mail
Richard R. Gans, Esquire
Gan Law Group
64 South Pitt Street
Carlisle, PA 17013
Respectfully submitted,
MCSHANE & HITCHINGS, LLC
torny Identification No.. 65551
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax: (717) 657-2060
Attorney for Defendant
. Hitc
hings, Esqire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION-IN DIVORCE
DONNA LOUISE WISE,
Plaintiff
VS.
MICHAEL STEPHEN WISE,
Defendant
No. 07-2178
CIVIL TERM
DIVORCE
MARITAL PROPERTY SETTLEMENT AGREE ENT
1. This agreement is made and concluded this day , 2A08
By and between DONNA LOUISE WISE, hereafter referred to as "Plaintiff'
and MICHAEL STEPHEN WISE, hereafter referred to as "Defendant".
2. WITNESSETH:
3. WHEREAS, the parties are HUSBAND AND WIFE;
4. WHEREAS, unfortunate and irreconcilable difference have arisen
between the parties by reason of which continued cohabitation as
HUSBAND and WIFE has been rendered impossible; and
5. WHEREAS, the parties have agreed on a settlement of all property rights
and differences existing between them.
6. WHEREAS, the parties intend this agreement to be a full, complete,
and valid Postnuptial Agreement, providing for the absolute and final settlement of
all they're respective property rights and all claims for spousal support, alimony
pendente lite and alimony.
7. NOW, THEREFORE, with the foregoing recitals being hereinafter
incorporated by reference and deemed as an essential part hereof, and intending
to be legally bound hereby, and for other good and sufficient consideration, the
receipt whereof is hereby acknowledged, the parties being advised and
represented by counsel, mutually agree as follows:
8. NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DOMESTIC
RELATIONS CODE OF PENNSYLVANIA. Plaintiff and Defendant agree that
Plaintiff shall secure a no fault divorce based upon the irretrievable breakdown of
their marriage. PLAINTIFF AND DEFENDANT further agree to execute their
respective affidavits of consent under section 3301 9c) of the Domestic relations
Code of Pennsylvania, Waivers of Notice of Intention to Request Entry of Divorce
Decree, and to execute any documents necessary under existing rules of
Pennsylvania Civil Procedure and local rules of the Court-of Common Pleas of
Cumberland County, in order to allow Plaintiff to file all such documents in the
Court of Common Pleas of Cumberland County, PA. Neither Plaintiff nor
Defendant shall either directly or indirectly permit the withdrawal of
their respective affidavits of consent or of any and all other documents executed
by Plaintiff and Defendant subsequent to the execution of the documents.
The affidavits of Consent and Waivers of Notice shall be executed within (10)
days of receipt.
9. DATE OF EXECUTION. The date of execution or execution date of this
Agreement shall be defined as the date, upon which the parties execute it,
if they have each executed the Agreement on 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.
10. REAL ESTATE. The parties are owners of a home and property located
at 152 Emerson Drive, Carlisle Pa, 17015. The parties agree that the Plaintiff
shall be awarded this property with all encumbrances attendant thereto, including
but not limited tot) First mortgage which may be identified as PHFA / Loan/
80783-005517-002, whose current balance is 2) Personal service loan
Bearing account number 139408-1-02, whose current balance is ,
3) Home equity loan bearing account number 139408-L04 with a current
balance of $4,422.16. It is agreed between the parties the Plaintiff shall maintain
all financial responsibilities in Regard to the mortgages and related costs,
including utilities both during the course of the divorce proceeding and after the
entry of judgment.
It is further agreed between the parties that the Plaintiff shall refinance the
Marital residence in her own name within 12 months after receiving her License
as a practical nurse. It is also agreed between the parties that Defendant shall
quit claim all interest in the marital Residence to the Plaintiff prior to the entry of
the final judgment of divorce.
11. ENCUMBRANCES, WARRANTIES, GUARANTEES. The parties
represent AND WARRANT herein that there are no encumbrances, notes,
judgments, liens, pending suits or other claims against any property subject to the
terms and conditions of this agreement except as stated above or herein.
12. PERSONAL PROPERTY. The parties have divided all of their
marital and non-marital personal property except as stated below. Except as
outlined herein, each relinquishes any and all claims to the personal property in
possession of the other party.
13. MOTOR VEHICLES. Each party shall be responsible for their own
insurance, fuel and related expenses on all vehicles that they own or lease after
this proceeding has been concluded. Plaintiff and Defendant waive all claims to
the vehicles in the possession of each party and agree to convey any and all
documents required to release their interest in any vehicle owned by the other
party.
14. DIVISION OF SAVINGS AND CHECKING ACCOUNTS. All joint
savings and checking accounts have been closed. All savings and checking
accounts in the individual names of the Plaintiff and Defendant shall remain
the separate property of each, independent of any claims or rights of the other.
15. MEDICAL INSURANCE. The parties agree to acquire and maintain
their own Health insurance both during the term of the divorce proceeding and
thereafter.
16. LIFE INSURANCE. The parties shall acquire their own life insurance.
17. DEBTS. The parties stipulate and agree that there are debts
arising from this marriage and that the responsibility for the repayment of this
indebtedness shall be as follows:
1. First Mortgage / Plaintiff /
2. Personal service loan / Plaintiff
3. Home equity loan / Plaintiff /
4. Plaintiffs auto loan / Plaintiff /
5. Plaintiffs Bon Ton Account/ Plaintiff
6. Plaintiffs Visa in her name / Plaintiff
18. RETIREMENT ACCOUTS: NEITHER PARTY IS THE OWNER OF A
RETIREMENT ACCOUNT.
19. TAXES, TAX RETURN, REFUNDS. It is agreed between the parties
that Defendant shall be responsible for all Federal, State and Local taxes
Previously due and currently due on all revenue earned by Emily's Toybox
LLC. Each party shall be responsible to file their own individual
tax returns for 2006 and beyond. Defendant shall be responsible for the filing of
all corporate tax returns for Emily's Toybox LLC for the tax years 2006 and
beyond.
20. EMILYS TOYBOX LLC It is acknowledged and agreed that during the
course of this marriage the parties created, managed and grew the band and
Limited Liability Company known as EMILYS TOYBOX LLC. It is further
acknowledged and agreed that the parties are co owners of this Pennsylvania
Limited liability Company. The parties agree that as part of this settlement,
appropriate corporate resolutions will be filed terminating all ownership interest
Plaintiff has in this company and absolving her of any tax liability as stated
herein.
21. PROPERTY SETTLEMENT PAYMENTS
The Parties further agree that commencing on or about July 1, 2007, Defendant
has conveyed to Plaintiff the sum of $1000.00 per week. These payments
shall continue through December 31, 2008 from revenue generated by
Emily's Toybox LLC. These payments were to assist in the payment of ongoing
expense of maintaining the marital residence and jointly incurred marital debt. It
is expressly understood and agreed that these payments are not support,
alimony or alimony pendente lite. Rather, these payments are deemed to be
property settlement payments.
Accordingly, they are not intended as a taxable experience to payor (Defendant)
or to Payee (Plaintiff). Once these payments are concluded, Plaintiffs interest in
Emily's Toy Box LLC shall be deemed paid in full and extinguished.
22. PAYMENT OF PAST DUE AND CURRENT STATE FEDERAL AND
LOCAL TAXES REGARDING EMILY'S TOYBOX LLC. It is further agreed
between the parties that Defendant shall be exclusively responsible for all
Federal, State and Local tax payments arising from the operation of Emily's
Toy Box LLC.
Defendant agrees to indemnify Plaintiff and hold her harmless for any tax
responsibilities arising from the operation of Emily's Toy Box LCC.
If any Federal, State or Local taxing authority finds the parties jointly responsible
for past or currently due taxes, Defendant agrees to accept exclusive
responsible for these taxes and to hold Plaintiff harmless for the payment of
these taxes.
23. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. The
Parties stipulate and agree that neither party shall receive spousal support,
alimony or alimony pendent elite during the term of the divorce proceeding or
thereafter.
24. ADVICE OF COUNSEL, PROPERTY RIGHTS
The provisions of this agreement and their legal effect have been fully
explained to the parties by their respective legal counsel. The parties
acknowledge that they have mutually worked to construct this agreement and
agree with the terms as presented herein. More specifically, each understands
that if either party had proceeded with an action in Divorce, under Pennsylvania
law, the marital property of the parties would have been divided by the Court
based on the following factors:
a. The length of the marriage.
b. Any prior marriage of either party.
c. The age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each of the parties.
d. The contribution by one party to the education, training or increased
Earning power of the other party.
e. The opportunity of each party for future acquisitions of capital assets
and income.
f. The sources of income of both parties, including but not limited to,
medical, retirement, insurance or other benefits.
g. The contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of the marital property.
h. The standard of living of the parties established during the marriage.
i. The economic circumstances of each party at the time the division of
property is to become effective.
25. ADVICE OF COUNSEL- ALIMONY. Further, each party has had
Explained to him / her that if either had proceeded with an action in Divorce, under
Pennsylvania law, the appropriateness of awarding alimony to one of the parties
would have been determined by the court, based upon the following factors:
a. The relative earnings and earning capacities of the parties.
b. The ages and physical, mental and emotional conditions of the
parties.
c. The sources of income of both parties, including but not limited to
medical, retirement, insurance or other benefits.
d. The expectancies and inheritances of the parties.
e. The duration of the marriage.
f. The contribution by one party to the education, training or increased
earning power of the other party.
g. The standard of living of the parties established during the marriage.
h. The relative assets and liabilities of the parties.
i. The property brought into the marriage by either party.
j. The relative needs of the parties.
k. The marital misconduct of either of the parties during the marriage.
The marital misconduct of either of the parties from the date of final separation
shall not be considered by the court in its final decision relative to alimony.
1. The Federal, State and local tax ramifications of the alimony award.
m. Whether the party seeking alimony is incapable of self-support
through appropriate employment.
Each party has also had explained to him / her that if an Order for Alimony
had been entered by the court, the court would have determined the amount of
the payments, the duration of the payments, and that the payments would be
subject to modification or termination based upon changed circumstances,
cohabitation, remarriage or death.
Each party confirms that she or he fully understands the factors
regarding equitable distribution and alimony under the Divorce Code of
Pennsylvania that each waives her / his rights to have the Court equitably divide
their marital property or determine the appropriateness of alimony, and that each
fully understands the terms, conditions and provisions of this Agreement, and
finds them to be fair, just, equitable and reasonable under the existing
circumstances. The parties further confirm that each is entering into this
Agreement freely and voluntarily and that the execution of this
Agreement is not the result of any duress, undue influence, collusion or improper
or illegal agreement.
26. BREACH If either party breaches any provision hereof, then the
Non-breaching party shall have the right, at his or her election, to sue for
damages for the breach, or seek such other remedies or relief as may be
available to him or her, and the defaulting party shall be responsible for payment
of all legal fees and costs incurred by the other party in enforcing his or her right
under this Agreement.
27. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All
property set apart herein either now or in the future as the separate
property of either the Plaintiff or Defendant and all property now owned by
or titled to the Plaintiff or to the Defendant individually and all property
acquired by Plaintiff or Defendant individually at anytime
after the execution of this Agreement shall remain the separate property of that
party and shall under no circumstances be considered or construed to be marital
property as that term is used in the Pennsylvania Divorce Code and as such shall
not be subject to equitable distribution. This agreement shall be deemed to be
and construed to be a valid Agreement for the purpose of waiving the provision
concerning equitable distribution as that term is used in the Pennsylvania Divorce
Code.
28. DISCLOSURE. Each party agrees and represents that he or she has
made a full and complete disclosure to the other of all assets and liabilities
whether joint or individual of each party and each party further acknowledges that
he or she is satisfied that such complete disclosure has been made.
29. DIVORCE. It is the understanding of the parties that their marriage
is irretrievably broken, and each warrants and represents to the other that they
will acknowledge to the Court of Cumberland County that his or her marriage to
the other is irretrievably broken and each will consent to the courts decree
divorcing them from the bonds of matrimony as a condition to the performance of
this Agreement.
30. EQUITABLE BINDING PROPERTY AGREEMENT. The parties agree
and acknowledge that this Agreement affects an equitable distribution of the
parties marital property in a manner which is satisfactory to each. This agreement
may be incorporated into the final decree of divorce in any divorce action which
may be pending between the parties. This Agreement shall not be merged in any
such decree, but shall survive the decree and be forever binding upon the
parties.
31. TRANSFERS AND PAYMENT CONTINGENT UPON THE ENTRY OF
OF A DIVORCE DECREE.
It is specifically understood and agreed by and between the parties that the
conveyances, transfers and assignments of real and personal property are all
made contingent upon the entry of a valid and final decree in Divorce severing
and terminating the marriage relationship between the parties.
32. INCORPORATION IN JUDGMENT FOR DIVORCE. In the event either
the Plaintiff or the Defendant at any time hereafter obtains a divorce in the cause
presently or hereafter pending between them, this Agreement and all of its
provisions may be incorporated for the purposes of enforcement only, but not
merged, into any such judgment for divorce, either directly or by reference. The
Court, on entry of the judgment for divorce shall retain the right to enforce the
provisions and the terms of the Agreement pursuant to the provisions of 23 Pa
C.S.A. 3105.
33. COUNSEL FEES. Each party is responsible for their own
Attorney fees.
34. PERSONAL RIGHTS. Each party shall be free from all interference,
authority and control, direct or indirect, by the other, as fully as if he or she were
single and unmarried. Neither party shall disturb, malign or molest the other or
endeavor to compel the other to cohabit or dwell with him or her, or to interfere
with the occupation, friendships, society, or acquaintances which either of the
parties may choose to have from this day forward.
35. EXECUTION OF DOCUMENTS. Each party shall, upon the
reasonable request of the other party or his or her designee, promptly make,
execute and deliver any papers, documents and instruments and perform such
acts as may be reasonably necessary or desirable for the purpose of giving full
force and effect to the provisions of this Agreement and to carry out the intent of
the parties as expressed herein.
36. PARTIAL INVALIDITY. If any provision of this agreement is held to be
invalid or unenforceable, all other provisions shall nevertheless continue in full
force and effect.
37. WAIVER OF ESTATE CLAIMS. Each party hereby waives, releases,
and relinquishes any and all rights that he or she may now have, or hereafter
acquire as the other party's spouse under the present or future laws of any
jurisdiction, including but not limited to the following:
(a) To elect or take against any will or codicils of the other party,
now or hereafter in force.
(b) To share in the other party's estate in the case of intestacy.
(c) To act as executor or administrator of the other party's estate.
(d) To be the beneficiary of any stock account, bank account, life
insurance policy, pension, 401(K), profit sharing, or other retirement
account.
38. SITUS. This agreement shall be construed and governed in
accordance with laws of the Commonwealth of Pennsylvania.
39. CONSTRUCTION. This Agreement shall not be construed against
either party as the party preparing it, it being agreed that both parties have
participated in the preparation thereof.
40. 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.
41. REPRESENTATION. Each party acknowledges that this Agreement
has been entered into freely and voluntarily with full knowledge of the facts and
full information as to the legal rights and liabilities of each and that each hereby
certifies he or she has fully read this Agreement, understands the same and
believes the same to be reasonable under the circumstances.
42. BINDING EFFECT. The terms, provisions and conditions of this
Agreement shall be binding upon any and all of the heirs, executors,
administrators, successors or assigns of either of the respective parties hereto,
except as may be otherwise herein provided.
43. 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 default of the same or similar nature.
44. ENFORCEMENT. The parties hereto agree that the provisions of this
Agreement may be entered and enforced by an appropriate court order at the
action of the entitled party and against the obligated party, as the case may be,
when any problem arises.
45. PURPOSE. This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations or
agreements, oral or written of any nature whatsoever, other than those herein
contained. The provisions of this Agreement are intended to consider, determine,
and distribute all assets of the parties as a part of the terms of this
Postnuptial Agreement. This Agreement is intended by the parties to be a
valid Postnuptial Agreement, providing for the absolute and final settlement
of their respective property rights. This agreement is not intended to be a mere
Separation Agreement.
46. INTENTION. Each of the parties intends to be legally bound
hereby and this Agreement shall be binding upon the heirs, personal
representatives and assigns of the respective parties hereto.
47. INCORPORATION BY REFERENCE. This Marital Property
Settlement Agreement may be incorporated by reference into the Judgment of
Divorce as if reproduced in full therein.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
This Agreement is executed in duplicate, and in counterparts, and Plaintiff
and Defendant, as parties hereto, acknowledge the receipt of a duly executed
copy and further acknowledge that each copy shall constitute an original.
DONNA LOUISE WISE, PLAINTIFF
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the G4 day of'RK' , 2008, before me, a Notary Public,
the undersigned officer, personally appeared i -k (C//s <-,
known to me, or satisfactorily proven to be the person whose name is
subscribed to the within Postnuptial Agreement, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal-
CommoN{?yFALTH OF PENN) r L VAN1A
NOTARIAL SEAL
Harold S. Irwin Iii, Esq, Notary Public
Carlisle, C?mbedtand County
My commission ins Febn?ary 06, 2011
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C -A 6t"016
N"
On this, the 4AS day of2008, before me, a Notary Public,
the undersigned officer, personally appeared MICHAEL WISE
known to me, or satisfactorily proven to be the person whose name is
subscribed to the within Postnuptial Agreement, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
LVAMA
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This Marital Property Settlement Agreement was prepared by Gan Law Group
Richard R. Gan, Esq
64 South Pitt Street
Carlisle, PA 17013
717-241- 4300
PA Bar Number 68721
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DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
vs. CIVIL ACTION - LAW
DIVORCE
MICHAEL WISE,
Defendant NO. 07 2178
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on
April 18, 2007, and served on Counsel for Defendant on April 26, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities.
Date:lL y (?
DONNA LOUISE WISE
77 ---a
DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
VS. CIVIL ACTION - LAW
DIVORCE
MICHAEL WISE,
Defendant NO. 07-2178
AFFIDAVIT OF CONSENT
A Complaint in divorce under §3301(c) of the Divorce Code was filed on April
18, 2007, and served on Counsel for Defendant on April 26, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unworn falsification to authorities.
Date: A6,
MIC AEL W E
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DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
VS. CIVIL ACTION - LAW
DIVORCE
MICHAEL WISE,
Defendant NO. 07-2178
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER 43301(C) AND 4 3301(D) 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. § 4904 relating to
unworn falsification to authorities.
Date: c0 -a `j -0 -71. IL ??11 ?
DONNA LOUISE WISE
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DONNA LOUISE WISE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
vs. CIVIL ACTION - LAW
DIVORCE
MICHAEL WISE,
Defendant NO.07-2178
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER 63301(6) AND & 3301(D)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. § 4904 relating to
unworn falsification to authorities.
Date: Z.? 1/8 - 0 8
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DONNA LOUISE WISE,
Plaintiff
VS.
MICHAEL WISE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
DIVORCE
NO. 07 2178
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
1. Ground for divorce:
Irretrievable breakdown under §3301(c) (1) of the Divorce Code.
2. Date and manner of service of Complaint:
Served upon Counsel for Defendant: April 26, 2007
3. Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent
required by Section 3301(c) of the Divorce Code and Waiver of Notice of
Intention to Request Entry of a Divorce Decree under Section 3301(c) of the
Divorce Code, pursuant to Pa.R.C.P. 1920.42(e) (1):
Plaintiff-
Defendant -
(b)(1) Date of execution of Plaintiffs affidavit required by Section 3301(c) of the
Divorce Code: (2) Date of filing and service of Plaintiff s affidavit upon the
respondent:
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4. Complete the appropriate paragraphs:
(a) Related claims pending: All claims have been resolved by a signed Marital
Settlement Agreement.
5.
(a) Date and manner of service of the notice of intention to file praecipe a copy of
which is attached: By first class mail on: / z12-ele -/V C,-V rsg J?;L
(b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary:
(c) Date Defendant's Waiver of Notice was filed with the Prothonotary:
GAN LAW GROUP
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Dad c ar . Gan,
I.D. No. 68721
64 South Pitt Street
Carlisle, PA 17013
(717) 241-4300
Attorney for Plaintiff
CERTIFICATE OF SERVICE
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AND NOW, this W ?A day of , , 2008 I, Richard R. Gan, Esquire,
Attorney for Plaintiff, hereby certify that I served a copy of the Praecipe to Transmit
Record on Defendant MICHAEL WISE this day by depositing the same in the United
States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Mr. Joseph Etchings, Esq
Hitchings Law Firm
5000 Ritter Road, Suite 202
Mechanicsburg, Pa 17055
GAN LAW GROUP
GAN,
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IN THE COURT OF COMMON PLEAS OF
DONNA LOUISE WISE ; CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL WISE NO, 2007 - 2178 CIVIL TERM
DIVORCE DECREE
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AND NOW, -L" , it is ordered and decreed that
DONNA LOUISE WISE , plaintiff, and
MICHAEL WISE , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None..")
NONE
By the C6urt,
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Attest:
J.
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-?-J07
Prothonotary
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