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HomeMy WebLinkAbout07-3833SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 3P.33 CIVIL ACTION -LAW IN DIVORCE & CUSTODY N O T I C E 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 proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Domestic Relations Office, 13 North Hanover Street, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE &CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: 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 with Section 3302(d) of the Divorce Code, you may request 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 17013. 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 within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn(ftopelaw.com Attorney for Plaintiff SHANNON WAGNER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 67 DANIEL WAGNER, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, SHANNON WAGNER, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce and Custody. 1. The Plaintiff is SHANNON WAGNER, an adult individual who currently resides at 317 7th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is DANIEL WAGNER, an adult individual whose residential address is unknown but currently is employed by Expert Tire, 200 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 13, 2001 in Middletown, Dauphin County, Pennsylvania 17057, 5. The Parties separated on March 22, 2007. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. The parties are the parents of the following unemancipated child who resides with Plaintiff at the current time: NAME AGE SEX D.O.B. Chloe Wagner 2 Female September 17, 2004 16. For the preceding five years the child has resided with the following persons and at the following addresses: PERSONS ADDRESS Shannon Wagner 317 7t' Street New Cumberland, PA Shannon Wagner Daniel Wagner 317 7t' Street New Cumberland, PA DATES March 22, 2007 - present Birth - March 22, 2007 17. Plaintiff has not participated in any other litigation concerning the custody of the child in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff shared legal custody and primary physical custody of the children. Respectfully Submitted, KOPE.& ASSOCIATES, LLC Dated: A `, ?/ o LeAevy E m, Esq. '06/18/2007 12:28 FAX 7177631646 PADDEN,GUERRINI&ASSOC'S 96118/2667 11:25 717-761-7572 KOPE &, ASSOCATE3 VERIFICATION 12008/008 PAGE 16/16 1, Shannon Wagner, the Plaintiff in this matter, have read the faregoing ComPlaint. 1 verify that M averments in this Complaint ere bus and com d and based upon my personal knowlQdge. I understand that any false ststemgnts herein are made subject to tics penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated: Shannon Wagner 1 A 'aL V n C_p "LT o i S? r _. r-31 CZ> .r#w Cam) t..a N CD 9{ ---4 -r ?G OZ) 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a_kopelaw.com Attorney for Plaintiff SHANNON WAGNER IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. O? - 3P. 3 nutE`?1 DANIEL WAGNER CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Shannon Wagner residing at 317 7th Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Daniel Wagner whose residential address is unknown at this time. He is currently employed at Expert Tire, 200 S. Hanover Street, Carlisle, PA 17013. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: NAME PRESENT RESIDENCE AGE Chloe Wagner 317 7th Street 2 years New Cumberland, Pennsylvania D.O.B. 11/19/1998 4. Chloe Wagner (hereinafter the "child") was born in wedlock. 5. The child is presently residing with the Plaintiff. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS Shannon Wagner Shannon Wagner Daniel Wagner ADDRESSES 317 7t' Street, New Cumberland, PA 317 7t' Street New Cumberland, PA DATES March 22, 2007 - Present Birth - March 22, 2007 7. The mother of the child is Shannon Wagner, currently residing at 313 7t' Street, New Cumberland, Cumberland County, Pennsylvania. She is married but separated. 8. The father of the child is Daniel Wagner whose current residential address is unknown. He is married but separated. 9. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Chloe Wagner Child 10. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Gillian (last name unknown) Girlfriend 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting shared legal and primary physical custody of the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The minor child's emotional and physical well-being will be continued if they maintain a loving relationship with both parents; (b) Plaintiff would like to maintain the child in their current residence and their current school system to afford stability to the child's environment; (c) Plaintiff is able to provide a stable and safe home and emotional environment for the child; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff shared legal and primary physical custody of the children. Respectfully Submitted, Dated: KOPE & ASSOCIATES, LLC 'ter By: ; `" Lesle . B ?6m, Esq. 06/18/2007 12:28 FAX 7177631646 06118/2097 11:25 717761-7572 PADDEN,GUERRINI6ASSOC'S KOPE & ASSOCATES VERIFICATION 2008/008 PAGE 1611& 1, Shannon Wagner, the Plaintiff in this matter, have read the foragoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 1 a Pa. C.S.4904 relating to unswom falsifications to authorities. Dated: 1a I 6 '/'.X Shannon Wagner C3 ? p w? -rw , _ r3 - i__ t GN ? ? L 3 ? } ? rv SHANNON WAGNER PLAINTIFF V. DANIEL WAGNER DFFFNDANT AND NOW, IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 07-3833 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Tuesday, July 03, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 19, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. v id-/ Custody Conciliator fA The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 `-// ?ti :O P 6- nr L60Z :1C",-4 7111A KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn(Mopelaw.com Attorney for Plaintiff SHANNON WAGNER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3833 DANIEL WAGNER, CIVIL ACTION - LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I, Daniel Wagner, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Date: =5??a7 'Daniel Wagner C r-I 0 ( t ; 77 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com Attorney for Plaintiff SHANNON WAGNER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-3833 DANIEL WAGNER, : CIVIL ACTION -LAW Defendant. : IN CUSTODY ACCEPTANCE OF SERVICE I, Daniel Wagner, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Custody. Date: zz??? Daniel Wagner cil =? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamC&-kopelaw.com Attorney for Plaintiff SHANNON WAGNER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3833 DANIEL WAGNER, CIVIL ACTION - LAW Defendant. IN CUSTODY STIPULATION AND NOW, this day of July, 2007, it is STIPULATED and AGREED by and between the parties, Shannon Wagner ("Mother") and Daniel Wagner ("Father"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Chloe Wagner, born September 17, 2004 (hereinafter the "Child") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that they will have shared legal custody of the Child. The parties agree that major decisions concerning the Child, including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Child shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physical custody of the children in accordance with the following schedule and according to the following requirements: a. Alternate Weekends: Commencing with Friday, June 29, 2007, Father will have custody of the child on alternate weekends, from Friday evening until Sunday afternoon. The exact times for beginning and conclusion of Father's weekend periods of custody shall be determined by agreement of the parties. In the event that the parties are unable to come to an agreement, Father's weekend period of custody shall begin at 5:30 p.m. on Friday and conclude at 5:00 p.m. on Sunday. b. Weekday visitation: Father shall have one overnight period of custody each week. The time and day of those custodial periods shall be determined by agreement of the parties. In the absence of agreement, Father's one overnight period of custody shall be on Tuesday night. In the absence of agreement, Father's period of custody for weekday visitation shall begin at 5:30 p.m. and conclude the following morning at commencement of school, or 8:30 a.m when the child is not in school. c. Holidays: The parties agree to share and/or split physical custody of the Child on major holidays, including Christmas, New Years' Eve and New Years' Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving. Holidays will be split by agreement of the parties, except that Mother will always have custody of the child from noon on Christmas Eve, December 24th, to noon on Christmas day, December 25th. d. Mother's Day and Father's Day: Mother shall always have the right of custody on Mother's Day. Father shall always have the right of custody on Father's Day. Unless the parties agree otherwise, these custodial periods will commence at 9:30 a.m. and conclude at 8:00 p.m. e. Additional time: The parties may make agreements for additional times of custody, and/or altered times of custody. These agreements shall not alter, affect or replace the rights of custody and custody schedule established within. f. Holiday time: Holiday time, including Mother's Day and Father's Day, shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 4. Transportation: The parties shall share responsibility for the transportation for the Child. In the absence of agreement, the party receiving custody shall pick up the children from the other party's home. 5. Parents should provide one another with a phone number and address where the Child may be contacted, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as electronic communication when the child is old enough to communicate via computer. 8. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from and, to the extent possible, shall keep third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. 9. Applicable Laws: Any provision in this Agreement regarding children custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 10. Modification: The provision of this Paragraph shall be modified according to applicable law. 11. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Mother's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and she will not oppose an application being brought pursuant to these statutes. KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Telep ne (717) 761-7573 A sley dm, Esquire Attorney for Plaintiff Sworn to or affirmed and acknowledged before me by Daniel Wa ner on Jtv?q4 114Q Publ L"W M UNSCM NOWY MN? WOWN ROROU" o+MPN COUNTY Shannon Wagner 3177 th Street New Cumberland, PA 17070 40& Plaintiff Del ??1eQ Adyj ` e/ ,PA 17 ,1 Daniel Wagner (address of employment) Expert Tire 200 S. Hanover Street Carlisle, PA 17013 AIRAI ,43ZI438 M WlAIJ oax)AOA 6fwot3JQCw MJIJ O W HgUAC b t?" KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. 1. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3833 CIVIL ACTION - LAW IN DIVORCE This Agreement is made by and between Shannon Wagner of Cumberland County, Pennsylvania ("Wife") and Daniel Wagner of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES: WHEREAS, the parties hereto are Husband and Wife, having been married on October 13, 2001, in Middletown, Dauphin County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, inclluding, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, pre$ent and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior t or subsequent to the date of execution of this Agreement; 3. CONSIDERATION: NOW, THEREF RE, in consideration of the premises and of the mutual promises, covenants a d undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE: The recitals set' forth in the Preamble of this Agreement are incorporated herein and made a part, hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS: 5.01. Divorce ode: The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A. Tit e 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Ex cution of This Agreement: The phrase "date of execution", "execution date" or "dat of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution: Except where designated specifically otherwise in this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date bf: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date On which an initial divorce decree is entered without an appeal having been taken, or, if Isuch an appeal has been taken, on the date of receipt of notice of final confirmation oft the initial divorce decree by the appellate courts. If the distribution date falls on 0 date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Re enue Code: The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the I ternal Revenue Code of 1986, as amended, or any successor statute thereto. Referen es to sections of the Internal Revenue Code shall refer to sections of the Internal R venue Code as of the date of execution of this Agreement. 5.05. Asset: The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests howev r held. 5.06. Effective D to of Agreement: This Agreement shall become effective and binding upon both partie on the execution date of this Agreement. 2 6. DIVORCE DECREE:' 6.01. The parti4 acknowledge that their marriage is irretrievably broken and that they will secure !a mutual consent, no-fault Divorce Decree in the above captioned divorce actio;. Wife has filed a'divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2007, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall promptly execute and file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall and prompt submission right to file exceptions divorce pursuant to Sec as possible/within three the date of execution of 6.02. Responsibi the prompt filing of documents. Should F shall pay the required 6.03. Withdrawal a necessary to ensure (including, but not limit+ the divorce action refer divorce), are dismissed are instituted, except to 6.04. Penalty for C Agreement, either pa unappealed divorce d against and hold the i reasonable counsel fe decree. so take all legal steps (including, but not limited to, the timely all documents and the execution of appropriate waivers of the id of the right to file an appeal) necessary to ensure that a in 3301(c) of the Domestic Relations Code is entered as soon 4) months, but in any event not later than six (6) months from is Agreement. for Proceeding With Divorce: Wife shall be responsible for Praecipe to Transmit the Record and the related required )and want a certified copy of the final divorce decree, Husband to secure that document. Other Actions: The parties further shall take all legal steps at all pending petitions and actions between the parties to counterclaims or petitions for economic relief), except for d to in Paragraph 6.01 (to the extent necessary to obtain the vith prejudice as soon as possible and that no similar actions ie extent necessary to enforce the terms of this Agreement. y: Notwithstanding the foregoing, if, after the execution of this unreasonably delays or contests the obtaining of a final, :e, that party shall exonerate and indemnify the other party r party harmless from any liability and/or expense, including incurred as a result of such delay or contest in obtaining the 3 1 7. EFFECT OF NO DIVORCE: Except as other%*ise provided for in this Agreement, this Agreement shall remain in full force and effect e? en if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER: This Agreement shall continue in full force and effect after a final decree in divorce is entered in ny jurisdiction, it shall survive and not merge into any such divorce, and its provisio s shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited t , all of the following: for breach of contract, under theories of equity, and under the ivorce Code, including under Section 3105 (which includes contempt). The provisio s of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUT Wife has been sented by Lesley J. Beam, Esquire, of Kope & Associates, LLC. Husband has cnot to retain legal counsel and Husband has chosen instead to negotiate directly Wife and/or Wife's counsel, notwithstanding the fact that counsel for Wife has d him that she has an absolute right to be represented by counsel. Husband hecknowledges that he has an absolute right to be represented by counsel, and has ded willingly without legal counsel. Each party represents that he or she underthat, in the absence of this Agreement and as a matter of law: (1) as a surviviuse, he or she might be entitled to a greater share in the decedent's estate than i? provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or $he might be entitled to greater support, maintenance, alimony pendente lite, counsel flies, costs, alimony, distribution of property, or other financial benefits arising from the 11marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of th parties further acknowledges and agrees that, with such knowledge, and after ha ing read this Agreement carefully and fully, this Agreement is fair, reasonable and eq itable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/o improper or illegal agreement. 10. FINANCIAL DISCLOSURE: The parties confi m that each has relied on the substantial accuracy of the 4 financial disclosure of the other as an inducement to the execution of this Agreement, and each party ackno*ledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and ptoceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and mak decisions on the matters covered by this Agreement, which Court decision concer ing the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both arties hereby waive the foregoing procedural rights. 12. BANKRUPTCY: The parties here y agree that the provisions of this Agreement shall not be dischargeable in bankr ptcy and expressly agree to reaffirm any and all obligations contained herein. In th event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the divisi?n of the parties' marital assets and all other rights determined by this Agreement sh it be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASS: Except as other each do hereby mutue and the estate of such and from the following: A. Clai and/or claims in gain from prop( such other, of w has or at any tir expressly provided in this Agreement, Wife and Husband remise, release, quitclaim and forever discharge the other er, for all time to come, and for all purposes whatsoever, of ainst Property or Estate: Any and all right, title, interest r against the other party, the property (including income and y hereafter accruing) of the other or against the estate of never nature and wheresoever situated, which he or she now hereafter may have against such other party, the estate of 5 such other party or the property of the other party or any part thereof, whether arising out of a y former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as t stamentary, or all other rights of a surviving spouse to participate in a eceased spouse's estate, whether arising under the laws of (i) the Common ealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United St tes, or (iii) any other country; C. Marital Ri hts: Any rights which either party may have or at any time hereafter have r past, present or future support or maintenance, alimony, alimony pendent lite, counsel fees, equitable distribution, costs or expenses, whether arising s a result of the marital relation or otherwise. D. Breach a d A reement Exception: The foregoing shall not apply to all rights and agree ents and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention o Husband and Wife to give to each other by the execution of this Agreement full, complete and general release with respect to any and all property of an kind or nature, real, personal or mixed, which the other now owns or may ereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agree ent or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION: No modification r waiver of any of the terms hereof shall be valid unless in writing and signed by oth parties and no waiver of any breach hereof or default hereunder shall be dee ed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION: Each party shall, at any time, and from time to time hereafter, and within five (5) business days of equest, take any and all reasonable steps and execute, acknowledge and deliv r to the other party, any and all further instruments and/or documents that the oth r party may reasonably require for the purpose of giving full force and effect to the rovisions of this Agreement, excepting and only excepting those specific deadline within this Agreement which provide for more time for response within that Pa graph. 6 16. AGREEMENT BIN This Agreement hereto and their respe 16.5 This Agreement parties and those parti to the aforementioned another party other th constitutes merely an i from pursuing legal acti this Agreement in any v 17. INTEGRATION: This Agreement supersedes any and all no representations or w 18. BREACH: be binding and shall inure to the benefit of the parties heirs, executors, administrators, successors and assigns. .P constitutes a contract binding between the aforementioned !s only. This Agreement provides rights and obligations only parties. To the extent that this Agreement may benefit in Husband or Wife either directly or indirectly, said party icidental beneficiary of the Agreement and will be restricted on should either Husband or Wife breach or allegedly breach constitutes the entire understanding of the parties and prior agreements and negotiations between them. There are arranties other than those expressly set forth herein. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the ben fit of the other party and/or otherwise breaches the terms of this Agreement, then th other party shall have the following rights and remedies: A. Divorce C bde Remedies: The right to all remedies set forth in Section 3502(e) of the P nnsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights nd remedies that may hereafter be enacted by virtue of the amendment of sa d statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, hich damages shall include reimbursement of all reasonable attorney's fees an costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable alto ey's fees" as used in this paragraph shall be based on consideration of ( ) the hourly rate charged; (2) the services rendered; and (3) the necessity of t e services rendered. Determination of reasonableness shall not take into con ideration the amount or nature of the obligation sought to be 7 enforced or any 'possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under' the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS: With respect to income tax matters regarding the parties the following shall apply: A. Prior Ret rns: The parties may have heretofore filed joint federal and state returns. 136th parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of a previous joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. Should the parties receive any further refund from the 2006 tax year, should the parties have filed jointly, the parties agree, to split these proceeds 50/50. B. Current ftturns: The parties shall file individual tax returns for the current tax year and orf every tax year hereafter. For the current tax year and for every taps year hereafter, Wife and Wife alone shall be entitled to claim the parties' minor daughter Chloe Wagner (hereinafter the "Child"), born September 17, 2004, as a dependent on her tax return, until such time as the Child can no longer be claimed as a dependent for tax purposes. C. Preservation of Records: Each party will keep and preserve for a period of three ($) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Hu band and Wife or otherwise, or attempt a reconciliation. This Agreement shall continu in full force and effect and there shall be no modification or 8 waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE?DISTRIBUTION OF PROPERTY: The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF OROPERTY AND DEBTS: The parties' marital assets and debts shall be divided and distributed as follows: A. Marital Premisesk The parties hereto jointly own real estate, specifically a house and lot known and numbered as 317 7t' Street, New Cumberland, Cumberland County, Pennsylvinia (the "Marital Premises" or "Marital Residence"), currently encumbered with a first mortgage and second mortgage . As regards their joint interest therein the parties agree as follows: 1. Conveyan¢e: a. Neither Husband nor Wife shall convey right title and interest in the Marital Premises to the other party. The parties hereinafter agree that ,the Marital Premises are currently listed for sale, and will remain listed for sale until sold. The parties agree that the Marital Prenfiises will be sold as soon as practicable. The parties hereinafter will consent to the transfer of the Marital Premises, and will accept any reasonable offer for selling price considering the payn?ent of joint debts as listed below. b. Wife shall have the right and right alone to reside in the Marital Pre ises until such time as the Marital Premises are sold; Wife agre s that she will take all steps practicable to ensure that her occu ation of the premises does not hinder, delay or deter the sale of th premises. 9 c. Upon such time as the premises are sold, Husband and Wife shall prepare, execute and deliver all documents in the usual form conveying, transferring and granting to the unnamed buyer all of their right, title and interest in and to the Marital Premises, for the consideration of the asked for and received price. Neither Husband nor' Wife shall take any action to hinder the sale of the Marital Premises, upon receipt of a reasonable offer for purchase of the premises. 2. Liens, Encumbrances and Expenses: The Marital Premises are currently subject to two mortgages; a debt owed to Wells Fargo in the amount of approximately $71,500.00 (hereinafter the First Mortgage), and a debt owed to CitiFinancial in the amount of approximately $18,500.00 (hereinafter the Second Mortgage). All of the liens and Oncumbrances, covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens, shall be paid in full by the proceeds from the sale of the ho se. Husband shall hereinafter be solely responsible for the payment f the Second Mortgage, and shall indemnify, protect and save Wif harmless therefrom. Wife shall hereinafter be solely responsibly for the payment of the First Mortgage, and shall indemnify, protect an? save Husband harmless therefrom. Any other liens and encumbra ces, and expenses incurred in presenting house for sale, shall be shared equally by the parties. 3. Responsibility for Expenses--Generally.: From July 1, 2007, Wife represents that she will pay all bills for the Marital Premises due until the Marital Promises are sold, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. Husband and Wife shall share equally any unpaid expenses for the Marital Premises up to July 1, 2007. 4. Upon execution of this document, Husband acknowledges that while the Marital Residence still belongs to both Husband and Wife, Husband will have no further ability to reside in or visit the property without the permission of Wife. 5. a. Upo the sale of the Marital Premises, the parties agree that the First Mortgage and Second Mortgage will be paid in full from the proc eds, along with any other expenses, encumbrances or liens 10 on the property. b. After these debts have been paid, the parties agree that the remaining profit from the sale shall be used to pay the debts enumerated in Paragraph 22.1.1, should the remaining profit be sufficient to pay all of those debts in full. c. Should the profit not be sufficient to pay those debts, the remaining profit will be divided evenly, i.e., 50% to Wife, 50% to Husband, and those debts will be distributed for payment as delineated in Paragraph 22.1.1. d. If the debts in Paragraph 22.1.1 are able to be paid as delineated in subparagraph b immediately above, the remaining profits from the sale of the Marital Residence, after the payment of those debts, shall be divided evenly between the parties, i.e., 50% to Wife and 50% to Husband. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs,; carpets, household equipment and appliances, tools, pictures, books, works of Ort and other personal property ("the Personal Property") shall be divided and di tributed as follows: 1. To Wife: a. All personal property currently in the possession of the Wife; and b. All property currently located in and on the Marital Pret!nises, except that property which shall be removed from the Marital Premises by Husband during the weekend of June 29, 2007 through July 1, 2007, by agreement of the parties. 2. To Husband: a. All personal property currently in the possession of the Husband; and b. That property which Husband and Wife have agreed Hus and may remove from the Marital Premises. Husband shall retrieve this property from the Marital Premises during the eekend of June 29, 2007 through July 1, 2007. After July, 1, 2007, Husband will not be entitled to further property front the Marital Premises. C. Vehicles nd Vehicle Loans : The parties' vehicles, boats, snowmobiles, mo orcycies, trailers, campers and the like owned by one or both of the parties, or he trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, 11 shall be divided and distributed as follows: 1. To Wife: a. 7001 Audi Wagon. Wife will refinance the loan/debt on this vehicle in her name only upon the sale of the Marital Premises. Until such time, Wife will be solely responsible for the payments due on said vehicle, and agrees to make such payments as they are due. 2. To Husband: a. Volkswagon. Any debt owed on this vehicle will be sole responsibility of Husband. If this debt is not solely in Husband's name, Husband will refinance said debt so that it is in his name alone, no later than the sale of the Marital Premises. Husband is solely responsible for the payments flue on said vehicle. 3. The parties will be responsible for securing their own automobile insurance n the vehicles assigned to them under this document as of the date of ex cution of this agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arming from any and all incidents and/or accidents involving their respective vehicles. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with'this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable, to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lie in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within nimety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary :Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided land distributed as follows: 1. To Wifel: Any and all funds in accounts held in Wife's name, and any and all funds from the parties' joint accounts. Wife agrees to lose the joint accounts as soon as practicable, but in any event no later than one (1) month from the execution of this Agreemen>. 2. To Husband: Any funds in accounts held in Husband's name. 12 Husband will arrange to his pay deposited into his own account if he has not already done so. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retireme t Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement ans") shall be divided and distributed as follows: 1. To 7fe. Any plans currently held in her name. 2. To sband: Any plans currently held in his name. I. Debts: Tf a parties' marital debts, loans, credit cards and other obligations, not therwise divided and distributed herein, shall be divided and distributed as foil ws: 1. Froin Sale of Residence: The following debts have been accrued by the parties during the marriage, and shall be paid in full by the proceeds of the sale of the Marital Premises. These debts shall be paid from the proceeds from the sale of the residence only after the First and Second Mortgage and any other real property encumbrances and/or liens have been paid in full. a. Capital One credit account in Wife's name, said debt in the amount of approximately eight hundred dollars ($800.00); b. Target credit account in Wife's name, said debt in the amount of approximately three hundred dollars ($300.00); c. Capital One credit account in Husband's name, said debt in the amount of approximately three hundred and fifty dollars ($ 50.00); d. First Premier credit account in Husband's name, said debt in t e amount of approximately three hundred and fifty dollars ($ 50.00); and e. First Premier credit account in Husband's name, said 13 debt also in the amount of approximately three hundred and fifty dollars ($350.00). In the event that the income from the sale of the Marital Premises is not sufficient to fully assume the above five (5) debts, after payment of the mortgages on the home, Husband and Wife shall split the remaining profits from the sale. Wife shall then assume full and sole responsibility for the debts in subparagraphs a and b, and Husband shall then assume full and sole responsibility for the debts in subparagraphs c, d and e. Wife and Husband agree that under these circumstances, Wife and Husband will take all steps practicable to ensure that said debt is under that party's name alone. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: a. The MAC Tool Account, said debt in the mount of approximately two thousand, one hundred and fty dollars ($2,150.00). b. All medical bills/debts incurred by Husband. C. Any tax money owed by Husband as a result of is income. d. ny credit cards, loans, debts and liabilities incurred in Husband's individual name beyond those stated above. Husband will ensure that these debts are either paid out of his share of the remaining proceeds from the home, or refinanced solely in his name. 3. To Wife: Wife shall be solely liable for and shall timely pay the following debts: a. The Dell Computer Account, said debt in the amount of approximately eight hundred and forty dollars ($840.00). b. A 11 medical bills/debts incurred by Wife. c. Any tax money owed by Wife as a result of her income. d. Any credit cards, loans, debts and liabilities incurred in Wife's i 'dividual name beyond the amount stated above. Wife will ensure that these debts are either paid out of her share of the rem ining proceeds from the home, or refinanced solely in his name. 4. Firs and Second Mortgage: As stated above, the First 14 Mortgage' and Second Mortgage shall be paid in full from the proceeds! from the sale of the Marital Premises. Until such time as the Marit I Premises are sold, Husband agrees that he will be solely lia le for and shall timely pay the payment due as stated for the Second Mortgage. That will encompass the entire payment due each month as stated by the company holding the mortgage. Until such time as the Marital Premises are sold, Wife agrees that she will be solely liable for and shall timely pay the payment due as stated for the First Mortgage. This will encompass the entire payment due each month as stated by the company holding the mortgage. 5. From the date of execution of this Agreement, Husband and Wife agree that each will secure credit cards in his or her name only, and will not garne(any additional debt in the name of both parties. SECTION III TAX PROVISIONS 23. WAIVER OF COUNSEL FEES: The parties hereto agree and do hereby waive any right and/or claim a ch may have, both now and in the future, against the other for counsel fees, costs and expenses. 24. ALIMONY. APL AND SUPPORT: Except as hereinafter provided, the parties waive any right and/or Claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 25. CHILD SUPPORT: Husband hereby agrees that he shall pay to Wife the sum of ninety ($90) per week for child support for the Child, due and payable every Friday, until the Child reaches the age of majority and/or graduates from high school, whichever comes later. Should circumstances change such that Husband is able to pay additional support for the child or that Wife requires additional funds for O e support of the child, that support can and shall be modified in accordant with the guidelines of the Domestic Relations Section of the appropriate Cou of Common Pleas. 26. HEALTH A. Health Ins rance for Spouse: The parties agree that neither party is responsible for the heal h insurance coverage of the other party from the date of execution of this Agreem nt and for all time forward. 15 B. Health In urance for Child: Husband hereby agrees that he will provide health insuranc for the Child, until the Child reaches the age of majority and/or graduates from collegei whichever comes later. Husband agrees that he will provide health insurance for said Child through his current medical plan. In the event that said plan becomes unavailable to Husband, Husband agrees to apply for health insurance coverage for said Child; through Chip, or another insurance program with substantially similar health insurance benefits and coverage. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the Child pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as o each claim made thereunder. 27. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final E itable Distribution of Property: The division and distribution of al property and debts set forth in this Agreement is equitable and in the even an action in divorce has been or is hereafter commenced, both parties wai a and relinquish the right to divide and distribute their assets and debts in an manner not consistent with the terms set forth herein and further waive an relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Coodition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible as?et and is receiving those assets in "as is" physical condition, without warranty Or representation by or from the other party. C. Personalt Transfer: if either party is entitled to any items of personal propert in the possession of the other party as of the date of this Agreement, the arties shall promptly make arrangements so as to permit that party to rem ve the items of property from the other party's possession no later than fifteen ( 5) days from the date of this Agreement. D. Waiver. E ch of the parties specifically waives, releases, renounces 16 and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Addit!Qnal Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. 17 .A SECTION IV CLOSING PROVISIONS AND EXECUTION 25. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 26. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 27. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WI4NS : i(SEAL) Shannon 7? 7 (SEAL) 18 Daniel Wagner Date: -7-7-Z,3 -0 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) ?O On this, the 3 day of J ?- 2007, before me, a Notary Public, the undersigned officer, personally appeared Shannon Wagner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public Pq 1 ?6 ?et?? C)bI I C COMMONWEALTH OF PENNSYLVANIA ) ul" M OEM" ""y RM SS: meow 04" 900owM COUNTY OF CUMBERLAND ems. Smakm C& 21.201 On this, the I) day of -3-111 , 2007, before me, a Notary Public, the undersigned officer, personally appeared Daniel Wagner, known to me (or satisfactorily provexi) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal Notary Publi : Ch [EMNr M SENMry M4pt? QMlrW COUM 19 --yam -,N"Ol !", a' ?,ao? 0/ SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3933 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this Zc,- day of 2007, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. BY THE COURT: ? , r{;? ?? '_.` VF ? s r. ?.? JUL 3 0 2007,`/ SHANNON WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DANIEL WAGNER, NO. 2007-3833 Defendant IN CUSTODY COURT ORDER AND NOW, this d day of July, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. F:\FII.ES\12321\12321.1.Wagner v Wagner Conciliation Order relinquishing jurisdiction.wpd try ?- Ui _ 0 Mf . ?.? :. f L X!2 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a-kopelaw.com SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-?i;33 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Cade was filed on June 26, 2007. 2. The Complaint was served by Acceptance of Service signed by the Defendant on July 5, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. verify that the statements made in this Affidavit are true' and correct. understand that false statements herein are made subject to the penalt?es of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 1019 LD-7 Shannon Wagner !.-.. C:..a CD r L' KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3833 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 afterl!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. Section 4904 relating to unsworn falsification to authorities. Date: 10 ?? ibi N f? c .{ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamA-kopelaw.com Attorney for Plaintiff SHANNON WAGNER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3833 DANIEL WAGNER, 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 June 26, 2007. 2. The Complaint was served by Acceptance of Service signed by the Defendant on July 5, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 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 unsworn falsification to auzaniel Date: /0"-? agner .: -F 'R ? 'ter f , KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I . D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com SHANNON WAGNER, Plaintiff, vs. DANIEL WAGNER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3833 CIVIL ACTION -LAW 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 in divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: aniel Wagner C- cs { c -TI Zrr T (r} _ ' I t fT, IN THE COURT OF COMMON PLEAS SHANNON WAGNER ; CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION DANIEL WAGNER NO. 07-3833 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: An Acceptance of Service was 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3341 (c) of the Divorce Code: by plaintiff 10/8/20.07 ; by defendant 10/26Z2007 (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; There was a marital separation agreement executed on July 13, 2007 that is incorporated for enforcement purposes only but not merged. 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: 10/17/2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 11/1/2007 . Plaintiff / Defendant CO ev S CA r g i ? ' J 1?/ CID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHANNON WAGNER VERSUS DANIEL WAGNER No. 07-3833 DECREE IN DIVORCE AND NOW, A-Y?wr?&u IL , 249Z, IT IS ORDERED AND DECREED THAT AND SHANNON WAGNER DANIEL WAGNER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; NONE BY THE COJURT: PROTHONOTARY r` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANNON WAGNER, Plaintiff v. DANIEL' ?AGNER, Defendant TO THE Plaintiff, CE OF PROTHONOTARY: NO. 07-3833 CIVIL ACTION - LAW IN CUSTODY -<> ! Q ca s° 2>C N C:lr- ? cn .CE< CO withdraw the appearance of Lesley J. Beam, Esquire, as counsel of record for Wagner. Date: 610Iyl?)01( sley eam/Esquire OW T , KISSINGER & HOLST, P.C. ?' 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Shannon Wagner enter the appearance of Shannon Wagner, Plaintiff, pro se. 7/p ?aU l ( ?, U v V"? l Date: ? Shannon Wagner, pro se 1704 Maple Street New Cumberland, PA 17070 Telephone: (717) 0 a -