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HomeMy WebLinkAbout03-5057Susan P Wilson, Plaintiff Michael A Wilson, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~3-- : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 James..A. Miller, Esquire Att~r-~ey for Plaintiff Susan P Wilson, Plaintiff Michael A Wilson, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ("~.~,- .Cd%~"7 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE Plaintiff is Susan P Wilson, who currently resides at 200 Hearth Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant is Michael A Wilson who presently resides at [DJ. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on January 20, 1979, in San Diego, California. There have been no prior actions for divorce or annulment between the parties. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein reference as though set forth in full. The marriage of the parties is irretrievably broken. by COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 11. The prior paragraphs of this Complaint ara incorporated herain by reference therato. 12. The parties have acquired certain property and assets which constitute marital property. 13. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. COUNT IV ALIMONY 14. The prior paregraphs of this Complaint are incorporated herain by reference thereto. 15. Plaintiff is unable to sustain herself during the course of litigation and to defend the divorce action. 16. Plaintiff lacks sufficient income and property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. COUNT V ALIMONY PENDENTE LITE AND COUNSEL FEES, COSTS AND EXPENSES 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant, Michael A Wilson, is full well and able to pay them. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Defendant; Plaintiff and b) equitably distributing all marital property pursuant to section 3502 of the Divorce Code, c) awarding Defendant alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to sections 3701 and 3702 of the Divorce Code and ordering Defendant, Michael A Wilson, to pay the reasonable counsel fees, costs and expenses of Plaintiff. Respectfully Submitted, Miller Lipsitt LLC James A I~liller, Esquire Attorney f~)r Plaintiff 2157 Mj~'ket Street Camj~r-~ill, PA 17011 (~T) 737-6400 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. , Plaintiff Susan P Wilson, PLEAS Plaintiff PENNSYLVANIA Michael A Wilson, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, : NO. 03-5057 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Michael A Wilson, Oui'endant in the above captioned matter do hereby on the date indicated below .a~cept service of the divorce complaint filed by Plaintiff, Susan P Wilson, to the above term and docket. Michael A Wilson, Defendant Susan P Wilson, Plaintiff Michael A Wilson, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5057 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24 2003 and service was obtained upon the defendant by defendant personally accepting such on September 29, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Susan P Wilson, Plaintiff Michael A Wilson, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5057 Civil Term : : 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities,. Susan P Wilson Susan P Wilson, Plaintiff Michael A Wilson, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5057 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24 2003 and service was obtained upon the defendant by defendant personally accepting such on September 29, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree ~n Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section~90~, relating to unsworn falsification to authorities. II Date: /~/~') C/ ~/~-'- ' Michael A Wilson Susan P Wilson, Plaintiff Michael A Wilson, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 03-5057 Civil Term : : 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Michael A Wilson County of' CUM~JAND DIVORCE INFORMATION SHEET Pursuant to Act 2001-82,Vital Statistic Forms are not required effective JanuaD' 1, 2002. However ,.the Prothonotary is required to provide the following information, in lieu of the Vital Statistics Form. Please complete the appropriate information and file with the Prothonotary. Docket Number Plaintiff's Name Plaintiff's Social Security Number Defendant's Name Defendant's Social '~'~(.v O 'g ~/ 0 5 C ~'~ Security Number : ,, Years Married <5; ,5-9;__10-14; __ 15 - 19; _~ 20 - 24; 25- 29 ;, .30+ Susan P Wilson, Plaintiff V. : No.: 03-5057 CMl Action ~ Law In Divorce Michael A Wilson. Defendant In the Court of Common Pleas Cumberland County, Pennsylvania MARITA I, SETTLEMENT AGRF. EMENT Wilson MSA TABLE OF CONTENTS SECTION PAGE L _S? ~;\RAT ON 'tN NON IN"-' ~.: .' ~. 'NC" ' I,-LkONk ll.l.\ 11OX: ......... 5~ ~L;I'I'AI~I - ) S"dl U" X 6 X PJ/I:FA~ 'F ..................... ~ k~, I11:'N XS~ K ' ................................................................................................... 6 2 ii~:~d.;i~i,'~ik~":' ~' .............................................................................................................. 6 kl X] 1'5 IX I l: 200 Hearth Road, Camp Hill. ('umbcfland ('curtly. PennsklxanJa. N N : ~*. .WTERACQU ~ > ~1 )I'I2RqT: ......... .. . 10 ~. I l.blS .,, (]: lndcmnJlicadon: ......................................................................... 10 ki'2[.l'bXS 1'7S ........... 1~ I'~NTI RI:, .kG R EEM I(NT: ....................................................................................14 .t'~ ~'~':P~XD~':X"' ~ ..... ~ ............................................................................. 14 ~8. VOID L'I_-XUS ~S .................. ~j. , , · .... '. ........ : ......................................................................... 15 I 'ye read & reviewed fids page - $?~I~,. MA W I~A1] Page 2 of 17 Wilson 'MARITAL SETFLEMENT AGREEMENT · THIS AGREEMENT, made this day of f'~/'/ ~'/~-"~ 7--~9o_..~' by and between, Michael A Wilson hereinafter called "Husband", and Susan P Wilson, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on aanuary ao, 1979, in San Diego, California; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live sepnrnte and apart, and the parties hereto desire to settle rally and finally their respective financial and property rights and obligations as between each other including, x~fthout limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal prope~%'; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husbnnd or of Husband by Wife; and in general, the settling of any and all claims nnd possible claims by one against the other or against their respective estates. NOW THEREFORE, in eonsiderntion of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerntion, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: SEPARATION AND NON INTERFERENCE: It shall be Iaxcful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either pnrB' of the lawflflness or unlax~Tulness of the causes leading to their living apart. Each part3.- shall be free from interference, authority and control by the I've read & reviewed this page - SPII~_; MA 147_~j~] Page 3 of l7 Wilson MSA other, as fully as if he or she were single and unmarried, except as may be necessary to earn' out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in am' other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished,. discharged, terminated, invalidated or otherMse affected by a reconciliation between the parties hereto, cohabitation between the parties, a 1Mng-together or resumption of marital relations between them. Th%, shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife filed Mth the Cumberland County Court of Common Pleas, Pennsylvania, to docket number 2oo3-5o57, CMl Term, a no-fault divorce action pursuant to Title 23, section 33o](c) of the Pennsylvania Divorce Code and amendments thereto. The parties have satisfactorily resolved all claims and memorialize their understanding in this Agreement. The parties shall cooperate in terminating their respective claims against each other in this case as may be appropriate and further agree to have a decree in divorce entered accordingly. Any claims raised by either pa~q:y in his or her respective complaint(s) or answer(s) shall be deemed to be resolved by way of this agreement. Any claim raised by either party in his or her pleadings of record that are not addressed by the terms in this agreement shall be deemed to be know,tingly waived by the pa~%' who raised such claim in pleadings of record. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pende-te lite, counsel fees, costs and/or expenses are accepted by eneh party as a I 'ye read & rerieu'ed this t~age - SPB~_; MA Wgl/t~'r~ Page 4 ofl 7 Wilson MSA final settlement for ail purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court nt the time of filing the prneeipe to transmit the record to conclude the divorce. Each part5.' shall further execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force nnd effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, countu' or jurisdiction, each of the pnrties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or yin3' any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof', may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to smw-ive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES, HEALTH INSURANCE: Husband and Wife herebv acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal suppott, alimony, alimony pendent lite, counsel fees, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, costs a,~d/or expenses, and alimony pendente{ lite at this time and during any and I i'ead c~' revie'~t'ed ~his page - SPII/~,' ,4'IA l,I/ }k{t~ Page 5 of 17 Wilson MSA all further or future actions of divorce brought by either of the parties hereto. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alinlony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. NON-MODIFIABLE ALIMONY PAYMENTS: Husband and Wife acknowledge the following x~itll regard to Wife's receipt of non-modifiable. alimony from Husband: Upon Execution of this agreement, Husband shall pay to wife on the first day of each and ex'ery month for a period often years (12o consecutive months) the total monthly sum of $13oo representing Wife's award of non-modifiable alimony. Further, Husband's estate shall be liable for the balance of such payment(s) in the event of Husband's untimely passing. For purposes of filing their respective personal tax returns, Wife's receipt of such payments shall be declared bv Wife as income and deductible by Husband. 2oo3 TAX RETURNS: The parties agree that they shall jointly file their 2oo3 personal tax returns. Husband shall be responsible for any payment(s) due and in the event of any refund due the parties, the amount shall be distributed in accordance x~ith the 60/40% principles set forth herein. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of the information provided between them or their respective counsel, and/or statement values associated with such assets, and/or have attributed fair market wflues, and/or other agreed upon values to such assets and for purposes of negotiation and settlement, hereby stipulate to such valnations. B.DISTRIBUTION OF ASSETS: WIFE'S ASSETS: ltusband does hereby grant, convey, transfer, assign, and deliver and set- [ 're read c~ re~'iewed t/ds page - SPII4~; MA W~ Page 6 of 17 Wilson MSA over unto Wife the assets so identified within this agreement; said assets shall be and remain the sole and separate properb., of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital propert)- or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest ii1 said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate propert3.' of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital properiT or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. 3. ASSET DIVISION: The parties hereby agree that the fol]ox~dng assets shall be dixdded in accordance x~4th the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 200 Hearth Road, Camp Hill, Cumberland Count).', Pennsylvania, Won, ("premise") pared nurnber : entirety. mortgage number 2. The parties are owners of the premise identified above as tenants by the Currently, there is (one) mortgage on tile premise; specifically, a first The premise is, as of the date of execution of this agreement, under contract by way of an agreement for purchase and scheduled to settle on or before December m, 2003. Upon saki settlement, the net proceeds from the sale shall be divided between tile parties x~th Wife receiving 60% and Husband receiving 40%, v.'~er consideration and payment of: /'~'e read & reviewed this page - SPI MA l, V gi~Pod Page 7 afl7 Wilson MSA ~ the outstanding mortgage identified in preceding paragraph l, 2_) the normal and ordinary costs of settlement including, but not limited to, ~ the 1% transfer tax payable by seller's, b~ deed preparation, c~ notaL~' fee(s), and/or d_'! satisfaction of mortgage, and/or 3~ any outstanding nmnieipal charges, and ~ real estate agency sales commission(s). 3. Pending said settlement, Husband shall be solely responsible for any and all mortgage obligations as well as, including but not limited to, all real estate taxes, utilities and municipal assessments, and repairs, costs and maintenance. B. DISTRIBUTION AND WAIVER OF PERSONAL MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: General Distribution: Husband and Wife do hereby acknowledge that they have divided to their mutnal satisfaction all non-marital and marital assets including, but ~4thout limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewehT, clothing, retirement accounts, 4ink's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and sa~dngs accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Attached hereto as Exhibit A is a complete itemization of marital bank accounts and investments account. The parties agree upon execution of this agreement to immediately undertake the division of these accounts with Wife receiving 6o% and Husband receiving 4o% of said accounts. 2. Possession: Husband and Wife fl~rther acknowledge and agree that the assets in the possession of the other spouse unless othemdse so dixdded b~, way of this agreement shall remain that spouses sole and separate property, each part), heretc, specifically waiving, releasing, re}:ouncing and forever abandoning l 'ye rPad & reviewed t/n'.~ l;age - SPII,'~k~..'~ MA I,V~/k,I Page 8 o.1'17 Wilson MS4 whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. 3. Vehicles: The parties hereto acknowledge that Husband is in possession of the z997 Honda Odyssey and Wife is in possession of the 2000 Honda Civic and that the respective titles to said vehicles have been or shall be upon request signed over to the appropriate recipient. Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the party and each. shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. The parties hereto acknowledge that after payment of the 2000 Honda Civic automobile loan as identified hereinbelow in section 7D there x~dll not be any debt associated x~dth the parties' vehicles. Nevertheless, if the title to any vehicle is encumbered by any debt or obligation including but not limited to insurance claims, bank loans, personal injury suits/claims, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and prox'isions, and shall indemnify and save the other harmless from an5, loss, cost, or expense caused to either by their failure to make payment of such debt. C. INTENT: This Agreement is intended to distribute all prope~X3, of the parties, whether real or personal, and whether determined to be separate or marital prope~-. In the event that any property may be omitted from this Agreement, it is understood aud agreed that the person haxdng possession and/or title to such prope~, following the execution of this Agreement shall be deemed the owner thereof and each of the parties x~511 execute any and all legal documents without any charge therefore to evideqce title to such property in the other part3,. D. MISCELLANEOUS: ADDITIONAL DOCUMENTS: Each of the parties shall on demand I'~'e read & re~'iewed t/ds l~age - SPl'f~; M,4 l'Y ~15~ Page 9 of l7 Wilson execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficimT on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the dMsion of the prope~%' of the parties hereunder. 6. AFl'ER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fiflly and effectively, in all respects and for all purposes, as though he or she were unmarried. o DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Wife acknowledges her obligations on the premise mortgage identified hereinabove and her continuing obligation to indemnify and save Husband harmless thereon. B. Husband's Debts: Husband represeots and warrants to Wife that since the parties' separation he has not and in the fi~ture he x~511 not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from an5- and all claims or demands made against her by reason of I 'ye read c~' revie~t'ed this page - SPB~; MA l'g~,~'~'.J Page lO of 17 Wilson MS.4 debts or obligations incurred by him. C. Indemnification: All debts incurred by the parties sball be their individual responsibilit% Each pa~%' represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other part3.' is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other part3.' liable for any other debts, obligations, liability, act or omission of such' pm%', such pm%- will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she x~dll indemni~ and hold harmless the other part3., in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indenmification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including Mthout limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breacb of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such pm%, hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either pm%' which migbt constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. D. Joint Debts: l 'ye read & reviewed this page - SPIJ~,. The parties hereby agree that they shall pay tbe follm~dng joint debts in a manner they so choose in a time frame they desire but no later than December m, 2003: Civic Auto Loan - S ~ ~ ~ ~ ; payable to ~;~*~ '5 [ ~ ~0~ Bank One Visa - S ~,~ ;and, O&~? ~(~d NumericaVisa-S ~ ~5~ Page 11 of 17 Wilson MS/, 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and,ample opportunit¢.' to consult ~dth counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically rexdewed their rights to the equitable distribution of marital property, including rights of discovm% the right to compel a filing of an InventoL~, and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of tim divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or dMde their marital prope~%'. The parties acknowledge that they bare been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar ~dth and cognizant of sneh and the value thereof, or has knoxdngly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law xdth respect to the property or estate of the other by reason of their marital status, or has knowingly refi~sed or waived such advice or information. 9. REL ~EASES: Except as othemise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, dMsion of propet%, including income or gain from prope~%' hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other properS' rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. l ~e tead & revtewed dtts page- SPll,ZJO~,. A4AWg~I~J Paq, e l2 qf l7 Wilson MSA It is hu'ther specifically understood and agreed by and between the parties hereto, that each part5.- accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against th~ other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital prope~%' and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. ~o. BRF~a. CH: If either part5.' breaches any provision of this Agreement, the other part5.' shall have the right, at bis or bet election, to sue for damages for such breach. The pa~%' breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. H. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of connsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knoMngly waives bis/her right, if an)', to utilize his/her lack of legal representation as a basis to attack the validit). · of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from bis or her selection, and that each fully understands the facts and has been fl~lly informed as to his or her legal rights and legal obligations, and each paz~., acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and vohmtarily, after baying had the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of an), ] 'ye read & ,,'el'ie',red t/dx page - SPIF~; MA IV ~44/~ Page 13 qfl7 Wilson MS.4 improper or illegal agreement or agreements. z2. VOLUNTARY EXECUTION: The provisions of this Agreement are flflly understood by both parties and each part3.' acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or an)- physical or mental stress. 13. ENTIRE AGREEblENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or nndertakings other than those expressly set forth herein 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. 15. MODIFICATION AND WAIVER: Any modification or waiver of any proxdsion of this Agreement shall be effective only if made in writing and executed Mth the same formality as this Agreement. The failure of either pm%, to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defimlt of the same or similar nature. ~.6. GOVERNING LA~,V: This Agreement shall be governed by and shall be construed in accordance x~5th the laws of the Commonwealth of Pennsylvania. 17. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto /'ye read & reviewed t/ds page - SPfI~_; MA W~20a Page 14 of/7 Wilson MSA that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. ~8. VOID CLAUSES: If any term, condition, clause, or prox'ision of this Agreement shall be determined or declared to be void or invalid in law or othem4se, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. -°o. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either part3., executes this agreement. read & re~ leaved t/us/)age - SPII~ MA W_tt4~J Page 15 of 17 Wilson MSA IN WITNESS V~rHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Michael A Wilson I '~'e read & re~'t'ewed f/tis t~age SPII~_.. AM W ~t~] Page 16 of 17 Wilson MSA 21. MARITAL ASSETS TO BE DIVIDED 60/40% IN WIFE'S FAVOIt A- G. Ed~cat~ls & Soos. Ioves~r~nt CBBCX AJia~ce Grow~ & ]~ C ~T~T~ E~X ~ A~ E~ ~ C MIGDX MFS ~ I~ ~ C ~ (S) T~ ~ V~ C~ER 4~1K TWCUX A~..~ Ce~Jry Utm CBR CIBER JAVLX Janus T~woly Ft~d PRASX T Eo~e Price New Asia VFINX Va~gua~J 500 Index C-a~a~Joos ($) T~al Account Va~ue ClBE~ S~oc~ Purchase CBR CISER ~ (S) FIl~ E~ I~ F~ T~ A~ V~ ~ T~ F~ ~ (S) MEL ~ ~ ~ T~I 3.060 2,797.827 1.000 17,713.770 40.300 163.796 9.920 646.998 25.460 109.989 9.050 65.383 33.940 271.576 7.880 1.732.783 95 130 124.170 10.990 449.601 8.56f .35 17.713.77 6,600.~ 6,418.22 -3.27 13,654.33 -3.27 38.075.95 -82.30 14,8~6.30 -8230 14.896.30 7,204.24 7,204.24 4.941.11 4.941.11 21.730 36.372 790.36 17.810 807.461 14.380.88 33.940 321.459 10,910.32 EXHIBIT A 223.15 8,554.91 137.5~ 139,048.39 1 'ye read & rev/eu'ed th/'.v page - SPII~,. MA IV ~ Page 17 qf 17 Susan P Wilson, Plaintiff Michael A Wilson, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5057 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on September 29, 2003 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: January 9, 2004 by Defendant: January 9, 2004 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: January 13, 2004 by Defendant: January 13, 2004 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Miller Lipsitt I_~ By: James .~/~/liller, Esquire Attorney/for Plaintiff 2157 ry~arket Street Cam, F'Hill, PA 17011 (~7) 737-6400 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ,~~~ PENNA. Susan P Wilson Plaintiff VERSUS Michael A Wilson Defendant N O. 03-5057 DeCrEE IN DIVORCE AND NOW ~~~~j~,,~j~ IT IS ORDERED AND DECREED THAT Susan P w±lson , PLAINTIFF, Michael A Wilson AND ,DEFENDANT, ARE DIVORCED FROM ThE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties Semptemer 26, 2003, Marital Settlement Agreement i~ hereby incorporated, but not merged, into this final decree in divorce. E~~ PROTHONOTARY