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HomeMy WebLinkAbout07-4480IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DNISION Julie Zeiters Reisinger Plaintiff . L._. vs. No. ~~ ~/ u ~ ! FJLr,~ Todd Michael Reisinger . Defendant . DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the 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, property or other rights important to you, inGuding the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: Y ~ o CoU -tin ~ I ~ I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE: Cumberland County Bar Assoaation Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265.1705 Bucks Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster: {717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2$01 Lehigh Co., Allentown: (fi10) 433-7094 Luzeme Co., Wilkes-Barre: (717) 822-6712 Lycoming Co., Williamsport: (570) 327-2251 McKean Co., Smethport: (814) 887-3270 Mercer Co., Mercer: (724) 342-3111 Butler Co., Butler: (724) 284-5214 Cambria Co., Ebensburg: (814) 472-1636 Cameron Co., Emporium: (814) 468-3355 Carbon Co., Jim Thorpe: (570) 325-2481 Centre Co., Bellefonte: (814) 355-6796 Chester Co., West Chester: (610) 429-1500 Clarion Co., Clarion: (814) 226-1119 Clearfield Co., Clearfield: (814) 765-2641 Clinton Co., Loch Haven: (570) 893-4007 Columbia Co., Bloomsburg: (570) 389-5600 Crawford Co., Media: (814) 333-7324 Cumberland Co., Carlisle: (717) 249-3166 Dauphin Co., Harrisburg,: (717) 232-7536 Delaware Co., Media: (610) 566-6625 Elk Co., Ridgway: (814) 776-5344 Erie Co., Erie: (814) 459-4411 Fayette Co., Uniontown: (724) 430-1272 Forest Co., Tionesta: (814) 755-3526 Franklin Co., Chambersburg: (717) 261-3858 Fulton Co., MCConnellsburg: (717) 485-4212 Greene Co., Waynesburg: (724) 852-5289 Huntingdon Co., Huntingdon: (814) 643-1610 fndiana Co., Indiana: (724) 465-3855 Jefferson Co., Brookville: (814) 849-1606 Juniata Co., Mifflintown: (717) 436-7715 Mifflin Co., Lewistown: (717) 248-8146 Monroe Co., Stroudsburg: (570) 424-7288 Montgomery Co., Norristown: (610) 279-9660 Montour Co., Danville: (570) 271-3010 Northampton Co., Easton: (610) 258-6333 Northumberland Co., Sunbury: (570) 988-4151 Perry Co., New Bloomfield: (717) 582-2131 Philadelphia Co., Philadelphia: (215) 238-1701 Pike Co., Milford: (570) 296-7231 Potter Co., Coudersport: (814) 274-9740 Schuylkill Co., Pottsville: (570) 628-1270 Snyder Co., Middleburg: (570) 837-4202 Somerset Co., Somerset: (814) 445-1428 Sullivan Co., Laporte: (570) 946-7351 Susquehanna Co., Montrose: {570) 278-4600 Tioga Co., Wellsboro: (570) 724-9281 Union Co., Lewisburg: (570) 524-8751 Venango Co., Franklin: (814) 432-9577 Warren Co., Warren: (814) 728-3440 Washington Co., Washington: (724) 225-6710 Wayne Co., Honesdale: (570} 253-5970 Westmoreland Co., Greensburg: (724) 834-8490 Wyoming Co., Tunkhannodc: (570) 253-5970 York Co., York: (717) 854-8755 COUNSELING NOTICE UNDER Pa R C P RULE 1920.45(a)"(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court determines that there is not a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary Office of the Cumberland County court. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Julie Zeiters Reisinger Plaintiff . vs. No. D 7 , ~/hl PD l- l v ~ C~ Todd Michael Reisinger ~ l Defendant . DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. The Plaintiff is Julie Zeiters Reisinger, who currently resides at 2158 Canterbury Drive, Mechanicsburg, Pennsylvania 17055. She has resided at this address at least since October 2006. 2. The Defendant is Todd Michael Reisinger, who currently resides at 2158 Canterbury Drive, Mechanicsburg, Pennsylvania 17055. He has resided at this address at least since October 2006. 3. Both the Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 31, 2001, at Mechanicsburg Church of the Brethren, Mechanicsburg, Pennsylvania, County of Cumberland. 5. Neither the Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemember's Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. The Plaintiff believes that the Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) and 3323(8) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. The Plaintiff and Defendant have reached an agreement on issues including alimony and property division. WHEREFORE, the Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. ~ _a-~ _ o~ Date P i MARITAL PROPERTY The Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number: 1 Description of Property: Names of All Owners: Date of Acquisition: Oyster Bay Resort Julie Zeiters Reisinger 09/25/2002 Timeshare Todd Michael Reisinger Cost or Value as of Value as of Date of Amount of Any Lien: Date of Acquisition: Action Commenced: $0.00 $9,400.00 $9,400.00 Nature of Any Lien: Effective Date of Lien: Holder of Lien: N/A N/A N/A Item Number: 2 Description of Property: Names of All Owners: Date of Acquisition: 2000 Toyota 4Runner Julie Zeiters Reisinger 04/25/2003 Todd Michael Reisinger Cost or Value as of Value as of Date of Amount of Any Lien: Date of Acquisition: Action Commenced: $0.00 $19,000.00 $9,000.00 Nature of Any Lien: Effective Date of Lien: Holder of Lien: N/A N/A NIA Item Number: 3 Description of Property: Names of All Owners: Date of Acquisition: 1998 Toyota Camry Julie Zeiters Reisinger 11/09/2004 Todd Michael Reisinger Cost or Value as of Value as of Date of Amount of Any Lien: Date of Acquisition: Action Commenced: $0.00 $8,250.00 $3,300.00 Nature of Any Lien: Effective Date of Lien: Holder of Lien: N/A N/A N/A Item Number: 4 Description of Property: Names of All Owners: Date of Acquisition: Primary Residence Julie Zeiters Reisinger 10/30/2006 Todd Michael Reisinger Cost or Value as of Value as of Date of Date of Acquisition: Action Commenced: $270,000.00 $315,000.00 Nature of Any Lien: Effective Date of Lien Mortgage 10/30/2006 Amount of Any Lien: $270,000.00 Holder of Lien: Wells Fargo Case No. Duration of Marriage Years Married Check Aporooriate Box Below <5 5-9 X 10-14 15-19 20-24 25-29 30+ Unknown IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Julie Zeiters Reisinger Plaintiff Todd Michael Reisinger Defendant FAMILY DIVISION vs. No. DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., §4094, relating to unswom falsification to authorities. ~-a~-o~ Date PI ntifF ~r ~/ W c_ c ~r~. ~ 2~` ~" ~ ~ ~ '" ~. W ,~ ,~ ; ~, ~~, ~ 4 ~' ~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Julie Zeiters Reisinger Plaintiff vs. No. ~ ~- '~'r'~i~v ~l C~c~~~ Todd Michael Reisinger Defendant DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Julie Zeiters Reisinger, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her ovm knowledge that the Defendant Todd Michael Reisinger herein is not in the military service as defined in the Servicemember's Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time during our marriage have { ever witnessed my spouse report to or make contact with military personnel. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. P Intiff IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: J t~lt~, ~7, ~'1 NO ARY P IC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Beverly K. Morgan, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Juy 7, 2009 Member, Pennsylvania Association of Notaries o "c3~ ~ ~ c.. E-- ,.r, ~ ~' w va ~: o . ~ ` ~ Z S, (.~ D'7 - ~l'Slpb ~ c>c C ~~ `'? Marital Separation and Property Settlement Agreement between Todd Michael Reisinger and Julie Zeiters Reisinger AGREEMENT, made this ~,~ day of Jut between Todd Michael Reisinger (hereinafter referred to as Husband) and Juli Zeiters Reisinger (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in Mechanicsburg, Pennsylvania, on March 31, 2001, in a religious ceremony. There are presently no minor children born of or adopted by said marriage. There are presently no adult children, bom of or adopted by said marriage, who are legally dependant upon the parties for care or support. There are presently no adult children who are over the age of 21 and have mental and/or physical disabilities. Differences have arisen between the parties. They are now, and have been since June 05, 2007, no longer living as Husband and Wife, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c) or (d), as appropriate. 2. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. 1 of 10 The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Vlfife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. 3. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. 4. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties own as tenants by the entirety, in fee simple, the property known as 2158 Canterbury Drive, Mechanicsburg, Pennsylvania 17055, which is presently occupied by both the Husband and Wife. It is the intention of the parties that they presently continue to own the marital home jointly, become tenants-in-common upon being divorced, and to eventually sell the marital home. Therefore, the parties agree as follows: The parties agree that the marital home is valued at approximately Three Hundred And Fifteen Thousand Dollars and Zero Cents ($315,000.00), and that it currently holds two (2} liens, valued at approximately Two Hundred And Seventy Thousand Dollars and Zero Cents ($270,000.00). Therefore, the parties agree that the current equity in the marital home is approximately Forty Five Thousand Dollars and Zero Cents ($45,000.00). The Wife shall be entitled to sole possession of said premises (rent-free). The parties shall cooperate fully to promptly self the marital home. Expenses associated with the ownership and/or occupancy of the marital real estate shall include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property. During such time as the property is jointly-owned by the parties, the Husband's share of said expenses shall be twenty seven percent (27°~) and the Wife's share of said expenses shall be seventy three percent (73°k). A party's financial responsibility shall end when atf of his or her ownership and/or property rights are lawfully transferred to another. In the event the parses cannot agree upon a sale price, they shall choose a licensed real estate agent in the county where the property resides (or an adjacent county), and list the property for sale at a price which is five percent (5°~) higher than its fair market value as determined by a licensed real estate appraiser. If the parties cannot agree upon a fisting agent, they shall each choose a real estate agent in the county where the property resides (or an adjacent county), and the two said agents shall together choose a third real estate agent. The three (3) real estate agents shall deade upon a listing price which is five percent (5%) higher than the fair market value of the property as determined by the real estate appraiser. In the event the parties cannot obtain the desired sale price within ninety (90) days after listing the property, they shall accept the first offer that is at least ninety percent (90%) of the designated listing price. The parties shall bear equally the cost, if any, of effectuating the sale, including the real estate agents' fees and seller's settlement costs. Neither party shall refuse to execute a contract for sale on the above terms or impose unreasonable conditions for the consummation of a contract of sale. 2of10 Any and all Deeds of Trust, liens, closing costs, including attorney's fees, and real estate commissions shall be paid from the proceeds of sale before any distribution is made therefrom. Upon the sale and settlement of said property, the proceeds of such shall first pay the costs of the transaction and all encumbrances and liens against said property. Following these deductions, the Husband shall receive fifty percent (50%) of all remaining proceeds, and the Wife shall receive fifty percent (50°~). Similarly, in the event that such a sale does not result in any net proceeds, that is, where the value of the property as specified within the sale documents does not exceed the costs of the transaction combined with the value of all encumbrances and liens against said property which exist at that time, the parties agree that the financial responsibility for the payment of the remaining costs and balances shall be divided using the same proportions and terms. The responsibilities of the parties pertaining to capital gains taxes related to this property are specifically addressed elsewhere in this Agreement. When applicable, this Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the details of this section of this Agreement. The parties each agree that while they own the said property as tenants-in-common, neither of them may, without the written consent of the other, sell his or her respective half interest in the said property, but, subject to the terms and conditions of this Agreement, either party may force the sale in lieu of partition of the said entire property. OTHER MARITAL REAL PROPERTY. The parties own the property known as the Oyster Bay Resort timeshare. The parties acknowledge that the property is currently occupied by neither of the parties. The parties agree that this property is to be deeded to the Husband. Therefore, the parties agree as follows: The Wife shall immediately sign a Deed to the property deeding all of her interest in it to the Husband. Said Deed shall be prepared by the Wife or her attorney and the Wife shall bear the sole cost of preparation and recording of the Deed. The parties agree that this transfer of the real property is not a sale. The Husband will not provide any financial compensation to the Wife for this transfer. The Husband shall assume all responsibility and obligation for payment of any existing lien or mortgage on this property, unless specified elsewhere in this Agreement. If any existing lien or mortgage cannot, by structure yr limitation of the lien or mortgage contract, be assumed solely by one party, the Husband and Wife will cooperate fully to re-finance all existing liens into the Husband's name only or to otherwise terminate any financial obligation of the Wife created by an existing lien or mortgage. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The 2000 Toyota 4Runner, Vehicle Identification Number JT3HN86R1Y0284554, shall become the property of the Wife, and, contemporaneously with the execution of this Agreement, the Husband will execute all documents necessary and appropriate to convey title of said automobile to the Wife. The Wife shall thereafter be solely responsible for alt expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehice. The 1998 Toyota Camry, VehiGe Identification Number 4T1 BG22K2WU249203, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible 3of10 for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and all finandal obligations arising out of the ownership of said vehicle. The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. In addition, the Wife shall have as her sole personal property the following items: the dog. Except where otherwise spedfied in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such daim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any daim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any daim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 5. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance polities. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 6. RETIREMENT BENEFITS The Wife agrees to waive and release any rights or claims she may now have to any retirement pay, benefits or privileges earned by the Husband before or during this marriage. The Husband agrees to waive and release any rights or claims he may now have to any retirement pay, benefits or privileges earned by the Wife before or during this marriage. The Husband hereby waives all right to calm interest or share in the Wife's Individual Retirement Accounts, which shall become her sole property. The Wife hereby waives all right to daim any interest or share in the Husband's Individual Retirement Accounts, which shall become his sole property. The Husband and the Wife agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401 (k) or IRA funds to the payee from the payor's accounts, if applicable. 4of10 7. ESTATE PLANNING INHERITANCE. This Agreement is not to address issues related to inheritance unless specified in other secctions. ADMINISTRATION. This Agreement is not to address issues related to probate estate planning unless specified in other sections. 8. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his w her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wde against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instrumerrts and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything fw which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts w obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shalt have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. 5of10 9. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have declded not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be home by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETURNS AND REFUNDS The parties shall file separate Federal and state income tax retums for the taxable year 2007 If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, inGuding reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax retums with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, inGuding reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax retums with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax retums and as long as they own any real property described in this Agreement, the Husband shall receive fifty percent (50%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive fifty percent (50°~) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 4 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay fifty percent (50%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay fifty percent (50°k) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax 6of10 return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax retums filed (or to be filed) for the calendar year 2006 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax retums; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other Gaims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terrns of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the o#her party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court alter duly noticed hearing. 7of10 RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wde acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any finandal statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other finandal data including, but not limited to, joint Federal and State Income Tax Returns, llw2 Wage and Tax statements, data regarding the .benefits from employment, pension information, bank statements, checking akxount statements, and credit card bills, as well as other miscellaneous business and personal finandal data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependant for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. RELIGIOUS DIVORCE If requested by either party, the parties shall cooperate fully in obtaining a religious divorce. Each party shall cooperate in executing all documents reasonably necessary to obtain such a divorce. The parties shall be equally responsible for any additional costs which are a direct result of additional fees or processing, associated with any existing, reasonable religious divorce requirements. RECONCILIATION The parties recognize the possibility of recondliation. It is their intention that a reconcliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. 8of10 DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably praGical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all Gaims against all parties to such action or proceedings, inGuding Gaims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shalt be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 2158 Canterbury Drive, Mechanicsburg, Pennsylvania 17055, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 2158 Canterbury Drive, Mechanicsburg, Pennsylvania 17055, or another address designated by her in writing to the Husband. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to two counterparts of is Agreement, each of which will constitute an original, this '~~ day of 20~ Todd Michael nger, Husband ~~ • •IL1 IGJLI 9 of 10 COMMONWEALTH OI~P`ENNSYLVANIA, COU~TY OF , SS.: n the __~__ day of lA- 20~, before me, a notary publ within and for the County and State aforesaid, rsonally a eared Todd Michael Reisinger, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. 1~--- Notary Public My commission expires on J U.ly '7 , COMMONWEALTH OF PENNSYLVANIA Notarial Seal Beverly K. Morgan, Notary Public Upper Allen Twp., Cumberland County My Commission Expires July 7, 2009 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA, COUNTY OF t~l~ V11~-~X ~ , SS.: On the a~ day of (A ~ 20~, before me, a notary public within and for the County and State aforesaid, personalty appeared Julie Zeiters Reisinger, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and oft`iaal seal. Notary Publi My commission expires on J (~ (t,( ~, ~°~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Beverly K. Morgan, Notary Public Upper Allen Twp., Cumberland County My Commission Expires July 7, 2009 Member, Pennsylvania Association of Notaries 10 of 10 C rv ~ m ~' `~ ` ~-- te ~ ` " ~-r- ~~= r - r cn r.., ~~? ~ ~ a G -..~ 3s~ ~ '~ ~ crt ~~~al~~ ~~~s ~s'~~.~ -_~- ~. ,,,p vs. ~OC~UI ~ i ChQ2.~ ~-5~~~ ~C" ~~ To In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~ ~ "~'t'~'~ Civil. 19 Prothonotary ~ ~~~ ,4Etc~reec7-fer Plaintiff . ~ Y- ~~7-v9 ~ NO• Term, 19 vs. PRAECIPE Filed 19 _ , Atty. ~° ~ ~: ... w