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HomeMy WebLinkAbout01-6138 , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM CHARLES FELKER Plaintiff v. : CIVIL ACTION - LAW DIANNE PATRICIA FELKER Defendant ; NO. 0 1- t IJ : IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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, Cumberland County Court House, 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 TIDS 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 Lawyers Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM CHARLES FELKER Plaintiff v. : CIVIL ACTION - LAW DIANNE PATRICIA FELKER Defendant : NO. () I-CtI.3~ : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is William Charles Felker, who currently resides at 352 North 25th Street, Camp Hill, Cumberland County, Pennsylvania, since February 1998. 2. Defendant is Dianne Patricia Felker, who currently resides at 125 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, since December 1999. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4. Plaintiff and defendant were married on August 12, 1989 at Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. , 6. Neither plaintiff nor defendant is in the Armed Forces of the United States or any of its allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff, William Charles Felker, prays that a decree in divorce be entered dissolving the marriage between the two parties. Respectfully Submitted, e(~ Plaintiff ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 I verify that the statements made in this Complaint 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: /~~{r()1 (1)/17. tJ a-~ William C. Felker 0 >- \.D .-3 cr: ~ ~ ...-:1' ,~ F":~ l!- ~ LUP ~.- 0 ~l~~~,:: ~~ :C :--- -7 '-'-- - 0~. V, ()i;::--- Cl.- $- , , '--~::::J --> Jh:: p" cD ,,7~_ ~ "J,,\'.' ('oJ ,.t'f..n ~ -, c-'Z I.fI "C) ~' I- U;-.-"';O \)c U l_UL- ~ COW l~J lL CJ :;;0- ~ 0 ::J d 0 u "b-5 ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 WILLIAM CHARLES FELKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6138 DIANNE PATRICIA FELKER, Defendant : DIVORCE : CIVIL ACTION - LAW PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 30th day of September, 2002, comes Defendant, Dianne Patricia Felker (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire, and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on October 26,2001. 2. Petitioner is the Defendant in the above action. 3. Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties in such proportions as the Court deems just pursuant to Section 3501, Section 3502, and Section 3503 of the Divorce Code of 1980, together with any amendments thereto. 4. Petitioner requests the Court to enter an order granting support, alimony pendente lite, and alimony to your Petitioner as the Court deems reasonable pursuant to Section 3701 of the Divorce Code of 1980, together with any amendments thereto. WHEREFORE, Petitioner requests your Honorable Court to equitably divide all marital property, enter an award of alimony pendente lite and spousal support until final hearing, and thereupon award alimony as deemed appropriate. DATED: September 30, 2002 Barbara Sumple-Sullivan, Esquire 549 Bridge Street, New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 Attorney for Defendant , . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 WILLIAM CHARLES FELKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6138 DIANNE PATRICIA FELKER, Defendant : DIVORCE : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing Petition Raising Marital Claims, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: William C. Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001 DATED: September 30,2002 ~- Sumple-Sullivan, E"'IWre ;: ~9 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM CHARLES FELKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6138 DIANNE PATRICIA FELKER, Defendant : DIVORCE : CIVIL ACTION - LAW VRRTFTCATTON I, DIANNE PATRICIA FELKER, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Dated: 9-80 ,2002 /~/hA1JI"(J~ 1JJ~ Dianne Patricia Felker 1i p~ '#.~ 0 ~ ~o ~ ~~ f..J () - ~ (") c ;s: -Ocr:' meT: Z_.\-: zr.. ~~::; r:::;c 5:C <;:::C> ~ ~'7 ~ o 1'0 o n -. I rv o .." ---i ;T~ f1J '~;:q -;""i\___ ~ ~;(~ ,.'O'_'.'j :~~ f?, :::~ 11 -< -'1;J :)1; ....., ~o " , l 't MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this L day 0#?t)~20~ by and between WILLI~"i CHARLES FELKER, hereinafter refelTed to as ("Hnsband"), and DIANNE PATRICIA FELKER, hereinafter referred to as ("Wife"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 12, 1989, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties separated on February 3, 1998; WHEREAS, two (2) children were bom ofthis marriage, being Elizabeth Mary Felker, born July 23, 1994, and Erika Patricia Felker, born November 12, 1997; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the O\vnership ofreal and personal property; (2) the settling of all matters between them relating to the past. present and future support and/or maintenance ofHliSBA.l\m and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. ","OW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as essential part hereof in consideration of the foregoing recitals, the mutual promises. co\'enants and undel1akings herein set fonh. and for good and \'aluable consiJcralion. receipt of which is hereby ackJ10\\'ledged by each of the parties hereto, , .- HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL. HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sump Ie-Sullivan, Esquire, HUSBAND has been independently represented by Donald T, Kissinger, Esquire. Each party understands the impact of the Pennsvlvania Divorce Code, whereby the court has the right and duty to detemline all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all malital property, property owned or possessed individually the other, counsel fees and costs of litigation and, fully knowing same, each party hereto is still desirous to execute this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the paJ1ies acknowledge and agree that, after having received such info1111ation and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely. voluntalily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apan, Each shall be fi-ee from all control, restraint. interference or authority, direct or indirect, by 1 .- , '. . the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart, HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate, Each party warrants that the infomlation provided has fully and accurately described the extent of his or her holdings, Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but I?.ot limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pelllisylvania Rules of Civil Procedure. The parties acknowledge that they have had the opportunity to discuss with their respective counsel the concept of marital property under Pelllisylvania law. The parties acknowledge that they have had the right to have property fully appraised, Each party is fully satisfied that no additional information is necessary for the ewcution of this Agreement. Each partywan'ants that he or she is not aware of an v marital asset w"hich is not identified in this Agreement. Each of the pal1ies hereto further covenants and agrees , ~ ~ for himself and herself, and his or her heirs, executors, administrators or assigns, that he or she will never at anytime hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute simultaneously with this agreement the documents necessary to effectuate a divorce under those provlsJOns. 5. SUBSEOUENT DIVORCE. A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the ten11S of this Agreement. This Agreement, and the ten11S and conditions contained herein, as well as the enforcement of said temlS and conditions, .shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the temlS hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any tenl1 of this Agreement to be null and \'oid, Both parties hereto agree that this Agreement may 4 L be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party, 6. OTHER DOCUMENTATION. HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assigmnents, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES. Except as otherwise expressly provided this Agreement. A, Each pa11y hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. 5 .' , B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the paIiies or otherwise, whether now existing or hereafter arising, The above release shall be effective regardless of whether such claims arise out of any fomler or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the light to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a snrviving spouse to participate in a deceased spouse's estate, whether arising wlder the law ofPelmsylvania, any state, commonwealth or territory or the United States, or any other country, It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either pa11y to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior to subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims. rights or 6 demands whatsoever, in law or in equity, which either party ever had or now has against the oth er. 8. SUCCESSOR'S RIGHTS AND LIABILITIES. This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or asslgJ1s. 9. SEVERABILITY, If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, 10. ENTIRE AGREEMENT. HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable nnless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until tem1inaled under and pursuant to the tem1S of this Agreement. The failure of either party to insist upon strict perfonnance of the prO\'isions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar 7 " c nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. 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 A~,'reement. 13. CONTROLLING LAW. This Agreement shall be construed and govemed in accordance with the law of the Commonwealth of Pennsylvania. 14. TAX RETURNS. The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Intemal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax retums which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility ofHUSBAJ\TD and shall be paid solely by him, HUSBAND hereby covenants and agrees to hold WIFE hamlless rrom anv penalty, interest or liability for such reason arising out of the filing or failure to file any past tax retum, s " , SECTION II EOUlT ABLE DISTRIBUTION 1. ASSETS. A. PERSONAL and HOUSEHOLD PROPERTY. HUSBAND and WIFE do hereby acknowledge and agree that they shall divide the non-marital and marital personal and household property by agreement, with each retaining that non-marital and marital personal household property cUlTently in his/her possession and control subject to the following exceptions, The cedar chest in the basement and all of its contents, coin and paper money collection, and all tax retums and supporting information shall be delivered to HUSBAND contemporaneously with the execution of this Agreement. The secretary desk, the grandmother clock, cedar chest in the master bedroom and diamond studded cross and chain shall hereafter be the sole and separate property of HUSBAND and shall be removed from Wife's residence within ten (10) days of execution of this Agreement. HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital property and household property, including but without limitation, jewelry, clothes, fumiture, and other assets. Hl'SBAI\1D agrees that all assets in WIFE's possession shall be the sole and separate property of WIFE and, WIFE agrees that all assets in HUSBAND's possession shall be the sole and separate property of HUSBAND, Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, ifany, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 9 , B. REAL ESTATE. At the time of the parties' separation, no real estate was owned by the parties. Subsequent to separation, WIFE purchased real estate located at 125 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania. Said property is encumbered by a mortgage which is the sole and separate obligation of WIFE. Said real estate shall remain the sole and separate property of WIFE and HUSBAND hereby quitclaims and releases any interest or claim which he may have to the property arising from its acqnisition prior to the entry of the decree in divorce, C. MOTOR VEHICLES. The parties owned two vehicles acquired during the marriage. At the time of separation, the parties owned a 1995 Ford Escort and a 1988 Nissan Pulsar. Both vehicles have been sold or disposed of and all loans have been satisfied. The proceeds of the 1988 Nissan became the property of HUSBAND, The proceeds of the 1995 Ford Escort became the proceeds of WIFE, D. FINANCIAL ACCOUNTS. At the time of separation, the parties had an account with Members First Credit Union, which shall become the sole and separate property of WIFE, All other accounts created after the parties' separation shall remain the sole and separate property of the person in whose I13me the account is titled, 10 .. E. RETIREMENT AND EMPLOYMENT BENEFITS. The parties warrant that, at the time of separation, they held no interest in any individual pension, stock option, or other retirement or employment benefits. Both parties have acquired such benefits post separation and said benefits shall be the sole and separate property of each party. F. INSURANCE. Each paJiy shall retain ownership of any life insurance policy in his or her name. Notwithstanding the above, Husband agrees to maintain, at his sole cost and expense, teml life insurance in a face amount not less than Three Hundred Thousand Dollars ($300,000,00) on which Wife and the children shall be naJlled as beneficiaries, Husband agrees that Wife's beneficiary designation shall be irrevocable during the course of un allocated family support payments called for hereafter. Once Husband no longer has an obligation to name Wife as beneficiary, Husband shall be required to keep the children named as beneficiaries on at least Two Hundred Thousand Dollars (5200,000.00) worth of insurance. Husb<l>ld fUl1her agrees that the children's beneficiary designation shall be irrevocable until such time as each child reaches the age of twenty-one (2]). Upon expiration of the unallocated family supp011, Wife shall be named trustee on the life insurance for the children's benefit, which trustee designation shall continue until each child reaches the age of eighteen (18) or graduates from high school, whichever shall last occur. Thereafter, the monies may be paid directly to the children if the insurance becomes due and payable or Husband can appoint a trustee of his choosing on the life insuraJlce for the benefit of the children, :'\0 later than sixty (60) days following the execution 11 date of this Agreement, Husband shall provide Wife with documentation that said life insurance is in place, G. STOCKS AND OTHER INTERESTS. At the time of separation, the parties owned various stock. The stock has been disposed as follows: Gruntal and Informix Stock was sold inl999 and the estimated proceeds ofFNE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS ($5,358,00) became the sole and separate property of WIFE and used by her to purchase the real estate set forth in subparagraph B above. HUSBAND waives any claims to said stock proceeds. It is further asserted that HUSBAND has also acquired certain interest in stock of the Hershey Foods Corporation, PP&L and Dryden, HUSBAND also has acquired an interest in a business known as Dryden Matrix Solutions, LLC. HUSBAND warrants that all such stock and other interests were acquired after the parties' separation, As such, said property shall be the sole and separate propeliy ofHUSBANl), 2. DEBTS. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither paliy will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable, Each party agrees to indemnify and hold hannless from and against all future obligations of every kind incurred by them. including those for necessities, ]1 The parties confirm that no additional marital debts exist which have not already been satisfied and all joint credit cards have been terminated. SECTION III UNALLOCATED FAMILY SUPPORT 1. PERIODIC PAYMENTS. Effective July 1, 2004, and continuing thereafter for a period of thirty-six (36) months, Husband shall pay directly to Wife on or before the 25th day of each month, and in full satisfaction of his obligation to contribute to the financial support of Wife and the minor children, unallocated family support for the maintenance of Wife and the parties' minor children in the amount of Two Thousand Four Hundred Dollars ($2,400,00) per month. Upon execution of the Agreement, Husband agrees to make the first month's payment of Two Thousand Four Hundred Dollars ($2,400.00) and the last month's payment of Two Thousand Four Hundred Dollars (52,400,00), Thereafter, the unallocated support shall continue as scheduled with the next pa}111ent due for the month of December 2004. 2, TERMINATING EVENTS. Husband's obligation to make unallocated family support payments pursuant to this Agreement for the thiliy-six (36) month period shall tenninate absolutely prior to the expiration ofthil1y-six (36) months upon the first to occur of the following: I, Wife's death; 2. Husband's death; or 3, Wife's f0n11al request for and receipt of court ordered child supp0l1, 13 " Husband and Wife agree that his obligation to pay unallocated family support shall not terminate prior to the expiration of thirty-six (36) months due to Wife's cohabitation, as that ternl is defined under Pennsylvania Law, or Wife's remarriage. If, upon the expiration of thirty-six (36) months, Wife is not then cohabiting or is not remarried, Husband agrees to continue to pay unallocated family support, in the amount called for above, for an additional thirty-six (36) months, Husband's obligation to make unallocated family support payments pursuant to this Agreement during the second thirty-six (36) month period shall terminate absolutely pJior to the expiration of said thirty-six (36) months upon the first to occur of the following: I. Wife's death; 2, Husband's death; 3. Wife's remarriage; 4. Wife's cohabitation, as that term is defined under Pelllisylvania Law; or 5. Wife's fornlal request for and receipt for court ordered child support, If unallocated family support is ternlinated pursuant to the terms of this paragraph while Husband continues to have a child support obligation for the paliies' children pursuant to the laws of Pennsylvania, absent agreement between the parties, the matter shall be submitted to the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania for detenllination of a child support amount in accordance with the child support guidelines in effect in Pennsv!\'ania at the time of said submission, Husband sball have no limber obligation . . - 14 . to pay and Wife waives any right to, alimony, spousal support, alimony pendente lite, or other financial support payment to Wife upon the occurrence of one of the above listed tennination events. 3. TAX CONSEQUENCES. The parties agree that the unallocated family support payments from Husband to Wife pursuant to this paragraph are intended to be deductible by Husband and includeable in Wife's income for tax purposes. Each party agrees that he or she will file tax returns consistent with the terms of this Agreement, and they acknowledge that failure to do so shall be deemed to be a breach of this Agreement. In exchange for this tax treatment, Husband nlrther agrees that each year, Wife shall present to Husband a calculation of her individual tax liability which documents the increase in her federal, state and local taxes arising from the filing of un allocated family support in lieu of child support. Husband shall reimburse Wife, by March 30'h of each year, the increased tax liability she incurs as the result of said inclusion of the entire amount of her support as taxable income. Husband's liability for reimbursement shall not exceed $2,000,00 in any individual tax year. 4. MEDICAL INSUR.\NCE. HUSBAND agrees to pay seventy-five (75%) percent of the children's unreimbursed medical expenses above the first $250,00 annually per child, on \\'hich Wife shall be solely responsible, If Wife's out of pocket expense for maintaining medical insnrance on the children increases in the future, above the current $ 1,750,00 annually, Husband agrees to pay 15 . seventy-five (75%) percent of the difference attributable to the children; in the alternative, Husband may elect to secure and maintain comparable health insurance on the children, 5. EXTRACURRICULAR ACTIVITIES. If the children participate in extracurricular activities approved by both parties, Husband agrees to be responsible for seventy-five (75%) of said expenses, 6. ENFORCEMENT. The parties acknowledge that enforcement of Husband's unallocated family support obligation can be obtained through the Domestic Relations Section in accordance with the Pennsylvania Rules of Civil Procedure if, at anytime, Husband is delinquent in making the unallocated family support payments provided for herein for a period in excess of fifteen (J 5) days. However, the parties specifically acknowledge that, if any payments are made through the Domestic Relations Office, such is not intended to, nor does it confer, upon the court any authority to modifY the tern1S of the unallocated family support provisions of this Agreement. Rather, pa)1nent to the Domestic Relations Office is for enforcement purposes only, 7. NON-MODIFIABILITY. Except as otherwise set forth herein, Husband and Wife hereby expressly waive, discharge and release any and all light and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other like benefits resulting from the parties' f0l111er status as Husband and Wife, Except as othef\vise set forth herein, the parties fmiher release any right they may haw to seek modification of the tenns of this paragraph in a comi of law or equity, it being understood that the foregoing 16 . . constitutes a final determination for all time of either parties obligation to contribute to the support and maintenance of the other. The provisions of this Agreement have been negotiated to take into account the parties' overall economic circumstances including the equitable distribution of property, and it was agreed to by both parties with the specific understanding that neither the amount nor the duration, other than as set forth in this Agreement, shall be subj ect to modification for any reason whatsoever. Notwithstanding the above, if, during the first thirty- six (36) month period of un allocated family support, Husband becomes disabled and is unable to remain employed, the paliies agree that Husband's unallocated family support may be modified to an amount that Husband can pay in light of his then existing financial circumstances. The parties agree to try to attempt to negotiate a modification of the unallocated family support based upon Husband's disability, If the parties cannot agree to a modification, Husband and Wife agree to submit the matter to mediation with a mutually acceptable mediator. The parties agree to share equally the cost of mediation. As to the second thiliy-six (36) month period of unallocated family support, if a material change in circumstances exists and a modification of the terms of Husband's unallocated family support obligation during said second thirt)"-six (36) month period is appropriate, the paliies agree to try to attempt to negotiate a modification ofthe unallocated family suppOJi obligation based upon the change of circumstances. If the parties Calmot a~,'ree to a modification, Husband and Wife agree to submit the matter to mediation with a mutually acceptable mediator. The parties further agree to share equally the cost of mediation. .A "material change in circumstances" is defined as the following: 17 .' w If Husband becomes disabled, loses his employment through no fault or misconduct of his own and, as a result, his income falls below $90,000,00 gross per year, SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement sha1l become effective when actua1ly signed ~ by both parties, 'y- ~? tv/! j WITNESS / J WILL ~<<- !alu.;v &:t~ DIA PATRICIA FELKER IS c ~ COMMO]\,TWEAL TH OF PENNSYL V ANlA COUNTY OF ~Ll'ehG~\' ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM CHARLES FELKER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed, ,2004. G':.ln)" ,- L. (~".-li. My co NOTAR SEAl - GINGER L. GONTZ, NOTAR\' PUIUC Cffi' Of HARRISIIURG, IlAUPItIl CllUIllY MY COMMISSION EXPIRES IlAY Il 2008 19 , I . COMMONWEALTH OF PENNSYLVANIA ~ / .A /' /;,( COUNTY OF 4-:-;:-?l~~{.4 v' '. ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DIA:N"NE PATRICIA FELKER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIV~N U1\'DER MY HAND AI'lD SEAL OF OFFICE this '/ //J'fJJy~1 ~{)04,7 If day of ~'~ '- / . otary Public in and for wealth ofPennsvlvania yped m:D,ljQ~alWe of No tar v BJlRrlMII'SUMPCE.SULUVAN . Notary PubUc NEWCUMBERLAND BOROUGH My Cornmisston EXp'lres Nav 15: 2007 My commission expires: 20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) CNIL ACTION - LAW IN DNORCE WILLIAM C. FELKER, Plaintiff NO, 01-6138 DIANNE PATRICIA FELKER, Defendant ACCEPTANCE OF SERVICE I, Dianne P. Felker, Defendant, accept service of the Complaint in Divorce on behalf of William C. Felker, Plaintiff in the above-captioned action, and certify that I am authorized to do so. Date: November 1, 2001 <~ P MA/ Dianne p, Felker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) CNIL ACTION - LAW IN DNORCE WILLIAM C. FELKER, Plaintiff NO. 01-6138 DIANNE PATRICIA FELKER, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) ofthe Divorce Code was filed on October 26, 2001. 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date offiling and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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 in 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 ofthe decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorities, Date: / 1-1l~~t'{JY It. '-~~; ,?/, /1 ' .. /JZL.. ~. ' William C, Felker, Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 WILLIAM CHARLES FELKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6138 DIANNE PATRICIA FELKER, Defendant DIVORCE CIVIL ACTION -LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was flied on October 26, 2001. 2, The marriage of the Plaintiff and Defendant is irretrievably broken Ninety days have elapsed since the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted, 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa, C.S,A, Section 4904 relating to unsworn falsification to authorities, DATE: //-JI-IJ$/' LfJ~- /aL;~ ~ DIANNE PATRICIA FELKER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM CHARLES FELKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 01-6138 DIANNE PATRICIA FELKER, Defendant DIVORCE CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. {34904 relating to unsworn falsification to authorities, DATE: //-/I~o~ L fdj~- dd~ DIANNE PATRICIA FELKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM CHARLES FELKER, Plaintiff v. ) ) ) ) ) ) ) NO. 01-6138 CIVIL TERM DIANNE PATRICIA FELKER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Defendant on November 1,2001; Acceptance of Service is being filed contemporaneously herewith. 3. Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by plaintiff, November 19, 2004; by defendant, November 11, 2004 4, Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: 0- /; /oy ~~.2.?I:.~ HOWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street P. O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff William C. Felker ~~~T~TT~~~~T~~~~~~~T~T~~~~T~T~~~~T~~~T~~~~~~~~~T~~~~~~TTT~T~~~~~T~TT~+~~~T~T~~ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . ~+:'" '" . . . . . . . . . , . , . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , , , , , , . . , , , . , , , , , , , . . , . , , , , . . T+T++~++++~+~TT++++~? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF WILLIAM CHARLES FELKER, Plaintiff VERSUS DIANNE PATRICIA FELKER, Defendant AND NOW, PENNA. No. 2001-6138 CIVIL TERM DECREE IN DIVORCE 2>~. ~- e~ , IT IS ORDERED AND 2004 DECREED THAT WILLIAM CHARLES FELKER , PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY, AND DIANNE PATRICIA FELKER , DEFEN DANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR YET BEEN ENTERED' None. , It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated November II, 2004, are incorporated, but not filed of record, in this Decree in Divorce by reference as fully as if the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Decree III Vlvorce. WHICH A FINAL ORDER HAS NOT BY THE COURT: ~J~~~ PROTHONOTARY + +: ++++~+++++++++ J, ~Y' ~7;-<:'" fr- Z /pr'?>Vt/ 71/^/~ ;j.;.~ (/ , ;Y?'7/ iF:' -;z /:?f'~~( ;';'!.iJ 'F? II:?!' /':1