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HomeMy WebLinkAbout03-5349GENTRY WEISS, Plaintiff AUDRA WEISS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- CIVIL TERM IN DIVORCE STIPULATED CUSTODY AGREEMENT AND NOW, COMES, the parties in the above-captioned matter, to wit, Gentry Weiss and A udra Weiss and request t hat t he attached Order o f Court b e entered b y t he Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: ~entry Weisaf'/ Audra Weiss Date: /(0/ ~/(] 5 Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the '~ day of~-~'ltJ~u"'( _, 2003, before me, a Notary Public, personally appeared GENTRY WEISS and in due form of law acknowledged the foregoing Custody Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and su~s. cribed before me t~his tO day of Oc4OloJ~ , 2003. tary P-ublic L_J COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Notary Public, personally appeared AUDRA WEISS and in due form of law acknowledged the foregoing Custody Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and~u, bscribed before mr lltis~X._ day of C)c'ff ,~ ~ , 2003. GENTRY WEISS Plaintiff AUDRA WEISS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - >-]c/~ CIVIL TERM IN 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 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 fights important to you, including custody or visitation of your children. When the g round for t he divorce i s indignities o r irretrievable breakdown o f t he marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Camp Hill, PA 17011 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court 1D: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - ~3 ¢ q CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301{c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through his attomey Peter J. Russo, and seeks to obtain a Decree in Divome fi.om the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 154 Wilson Drive, Lancaster, Lancaster County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 154 Wilson Drive, Lancaster, Lancaster County, Pennsylvania and is a citizen of the United States. 3. Plaintiff h as been a bona fide resident of the Commonwealth of Pennsylvania in excess of six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Peunsylvania in excess of six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on October 13, 1990, Lancaster, Pennsylvania. 6. There are three children of the parties under the age of eighteen (18): Taylor Ann Weiss September 2, 1992 Logan Emma Weiss May 1, 1998 Tristen Riley Weiss April 3, 2001 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. There has been no prior action for divorce by either party against the other. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of 9. its allies. 10. 11. Plaintiff a~ers that the marriage between the parties is hretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, GENGRY WEISS, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT II - CUSTODY 17. Plaintiff hereby incorporates by reference averments 1 through 16 of this Complaint as if each averment were set forth fully hereunder. 18. Plaintiff is GENTRY WEISS residing at 154 Wilson Drive, Lancaster, Lancaster County, Pennsylvania. 19. Defendant is AUDRA WEISS residing at 154 Wilson Drive, Lancaster, Lancaster County, Pennsylvania. 20. Plaintiff seeks pa~ial custody of the following children: Name Present Residence DOB Taylor Ann Weiss 154 Wilson Drive, Lancaster September 2, 1992 Logan Emma Weiss 154 Wilson Drive, Lancaster May 1, 1998 Tristen Riley Weiss 154 Wilson Drive, Lancaster April 3, 2001 21. The children were not born out of wedlock. 22. The children are presently in the custody of the Plaintiff and Defendant, who reside at, 154 Wilson Drive, Lancaster, Lancaster County, Pennsylvania. 23. In the last five years the children have resided with the following persons and at the following address: Name Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant Address 4852 Pine Tree Drive, Florida 4450 N. Ocean Blvd, Florida Dates November 2002-June 2003 June 2002-November 2002 307 Winding Hill Drive, Pennsylvania June 2000-June 2002 3479 Crystal Lane, Pennsylvania June 1996-June 2000 24. The Plaintiff, the father of the children, is residing at 154 Wilson Drive, Lancaster, Lancaster County, Pennsylvania. He is married. 25. The Plaintiff currently resides with the following persons: Name Relationshil~ Audra Weiss Wife H. Keith Weiss Father Carol A. Weiss Mother Taylor A. Weiss Daughter Logan E. Weiss Daughter Tristen R. Weiss Daughter 26. The Defendant, the mother of the children, is residing at 154 Wilson Drive, Lancaster, Lancaster County, Peimsylvania. She is married. 27. The Defendant currently resides with the following persons: Name Gentry Weiss H. Keith Weiss Carol A. Weiss Taylor A. Weiss Logan E. Weiss Tristen R. Weiss Relafionshil~ Husband Father-in-law Mother-in-law Daughter Daughter Daughter 28. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: Lancaster County, CI-01-04790 29. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is:NONE 30. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. The name and address of such person is: NONE 31. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties have come to an Agreement. 32. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that the pa~ies: Peter J. Russo 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - CIVIL TERM IN DIVORCE VERIFICATION I, GENTRY WEISS, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 7:2897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- IN DIVORCE CIVIL TERM VERIFICATION I, GENTRY WEISS, verify that the statements made in the foregoing document are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. GENTRY WEISS, Plaintiff AUDRA WEISS, Defendant Vo 0 "/3 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 2003- 5-'3c/~ CIVIL TERM : : IN DIVORCE CUSTODY ORDER AND NOW, this lf" day of Oc~o ~ , 2003, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED THAT: 1. The parties shall share legal custody of the parties' minor children, Taylor A. Weiss, September 2, 1992, Logan E. Weiss, bom May 1, 1998, and Tristen R. Weiss, bom, April 3, 2001. 2. The Mother shall have primary physical custody of the parties' minor children. 3. The Father shall be entitled to visitation as follows: a.) During the school year, every Monday evening, commencing at 5:00 p.m. until, Tuesday morning, when Father will transport the children to school Tuesday moming. During the summertime, Father will transport the children to their Mother, in the moming. b.) During the school year, every Thursday evening commencing at 5:00 p.m., until, Friday morning, when Father will transport the children to school Friday morning. During the summertime, every Thursday evening commencing at 7:00 p.m., until Friday morning, when Father will transport the children to their Mother. c.) Every other weekend, commencing on Friday at 7:00 p.m. until Sunday at 5:00 p.m. 4. The parties shall alternate custody of the child during the following holidays: Fourth of July, Labor Day, Thanksgiving, Christmas, Easter, and Memorial Day. The Holidays shall commence with Father entitled to the Thanksgiving holiday §. Holiday periods of custody shall take precedence over all other scheduled periods of custody. 6. Irrespective to the foregoing, Father's Day shall be with Father, and Mother's Day shall be with Mother. 7. Each parent is entitled to two (2) non-consecutive weeks of uninterrupted vacation, by giving 30 days notice to the other party. 8. Both parents shall permit reasonable telephone access to the child while the child is in his or her custody. 9. The parents are encouraged to accommodate the reasonable requests of the other parent for altemations of any agreed upon schedule, as the circumstances and best interests of the child required. 10. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions hi law or equity for such breach. 1 ~. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 12. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Children and shall retain such jurisdiction should cimumstances change and either party desire or require modification of said Order. 14. The parties agree that in making this Agreement, there has been no fi'and, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. Peter J. Russo, Esquire Audra Weiss, Pro Se BY THE COURT, PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS : Plaintiff : ; V. ; AUDRA WEISS : Defendant : Attomey for Plaintiff IN THE COURT OF COMMON'PLE&S OF . CUMBERLAND COUNTY, PENNSYL, Y'ANIA CIVIL ACTION - LAW NO. 2003 - .~c~ CIVILTERM . IN DI¥ORCE ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. AUDRA WEISS, and does hereby acknowledge that on the date indicated below she did receive a verified copy of a Complaint in Divorce filed against her in the above captioned case. AUDRA WEISS DATED: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- ~b~°k CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the Divorce Complaint upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: AUDRA WEISS 154 WILSON DRIVE LANCASTER, PA 17603 Melissa M. Meha~fey, P~t~le~al Date: PETER J. RUSSO, ESQUIRE PA Supreme Court 112): 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant Attomey for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003- 5349 CIVIL TERM : IN DIVORCE GENTRY WEISS, Plaintiff AUDRA WEISS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5349 CIVIL TERM : IN DIVORCE PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is hereby made and entered into this ~ { ~ ~- day of hereinafter '~usband. 1 2004, by and between AUDRA WEISS, "Wife," and GENTRY WEISS, Witnesseth: Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: ow/ AW ~b~) Page 1 of 16 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES Wife shall assume all payments, including all loan, insurance and repair bills connected with the 2001 Yukon XL, currently'in her possession. Husband shall assume all payments, including all loan, insurance and repair bills connected with the 2001 PT Cruiser, currently in his possession. Pursuant to Paragraph 3, Husband and Wife shall execute any and all the motor vehicles titles required to effectuate the intention of this paragraph, as well as all loans or lines of credit which may be held in joint names. Wife shall be solely responsible to pay the monthly payments on the 2001 Yukon XL which is currently in her possession. In the event Wife is delinquent on said payment for two consecutive months, Wife shall refinance said vehicle and remove Husband's name from the loan within 30 days of the second delinquent payment. In the event Wife cannot refinance said vehicle and remove Husband's name fi'om the loan within 31) days of the second delinquent payment, Wife shall sell said vehicle within 60 days of the second delinquent payment. GW AW Page 2 of 16 4. DISTRIBUTION OF POSSESSIONS As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, rifle, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession. 5. DISTRIBUTION OF PERSONAL PROPERTY With the exception of those items set forth in Exhibit A and Exhibit B, it is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry currently in their possession. The parties further agree that any property not assigned in this Agreement, as marital or nonmarital property will be deemed the property of the physical possessor of said property. 6. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401k's and other retirement accounts which are hbld in their names as personal property, free and clear of claims from the other party. 7. JOiNT ACCOUNTS With the exception of the provisions set forth below, the parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. The parties specifically agree that Wife shall remove Husband from the AT&T Universal credit card within 30 days of the execution of this Agreement and Wife assumes the debt associated with said AT&T Universal credit card. The parties specifically agree that Husband shall assume all debt with said credit cards: 1. Bank One with an account number ending in 6504; ow_ a/ Page 3 of 16 American Express Platinum Costco with an account number ending in 27004; and Capital One with an account number ending in 4339. 8. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Unless otherwise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation of this Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filin~g of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 9. OTHER MARITAL ASSETS Wife shall have as her own, free and clear of any claims of Husband, any other marital assets all which are in her possession. Husband shall have as his own, free and clear of any claims of Wife, any other marital assets all which are in his possession. The parties specifically agree that Husband shall retain sole interest in all his shares of Foundation Mortgage Group, Inc. and Foundation Settlement Services, Inc. ow AW Page 4 of 16 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 12. CHILD SUPPORT & ALIMONY Husband shall pay Wife support as set forth herein: a. Husband shall pay $1,216.00 to Wife as Child Support for the support of the parties' three children. i. Said payment shall be made through the appropriate Domestic Relations Section. b. Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court any sw AW ~ ¢.._) Page 5 of 16 Co may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both patties hereby accept the provisions in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competenf jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court and may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances as contemplated by the Divorce Code. 13. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other. AW ~,( Page 6 of 16 14. INCOME TAX RETURNS Husband and Wife agree to individual tax returns for 2004 and thereafter until their divorce is final. Each party shall be solely responsible for any and all Federal, State and Local tax liability beginning in 2004 and thereafter. Each party shall have the exclusive fight to any and all refunds based on their Federal, State and Local tax returns beginning in 2004 and thereafter. Beginning in 2004, Husband shall have the fight to claim Taylor A. Weiss and Logan E. Weiss as his dependent in odd numbered years. Wife shall have the fight to claim Taylor A. Weiss and Logan E. Weiss as her dependent in even numbered years. Beginning in 2004, Husband shall have the fight to claim Tfisten R. Weiss as his dependent in even numbered years. Wife shall have the fight to claim Tristen R. Weiss as her dependent in odd numbered years. 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all fights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the propert~¢ or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, fight to take intestacy, fight to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, fights and claims and both parties will revoke prior wills or testamentary documents. 16. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto Gw f-* Page 7 of 16 from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 17. SUBSEQUENT DIVORCE A divorce proceeding was filed by Husband against Wife in Cumberland County and docketed at 2003-5349. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to §3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their Page 8 of 16 signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attomey to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. Page 9 of 16 23. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 25. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and Page 10of16 same may be incorporated by reference into any such Decree or court order. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause 6r 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 31. AGREEMENT BIND1NG ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 32. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. AW Page 11 of 16 In Testimony Whereof, witness the signature of the parties hereto this ~'~ ~q ~A c4/'f/ ,2004. Witness Wire'ss day of AW Page 12 off6 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the¢--/~ day o~/~XA~ ,2004, before me, a Notary Public, personally appeared GENTRY';~'-'~ .~3;V~rEISS and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recorded as such. Swom to and subscribed before me this 7~t day of January, 2004. ...... NOTARIAL SEAL I M£LANIEL. BEASOM, NOTARYPUBLiC JMECNANICSBURG BORO., CUMBERLAND COl LMY COMMISSION EXPIRESIUNE 7,2004 GW Page 13 of 16 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. L Public, personally appeared AUDRA WEISS and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this''~ { day of January, 2004. ~MM NOTAi~IAL SEAL MELANIE L. EIEASOM, NOTA~ PUBLIC ECHANICSBURG 80RO, CUMBERLAND CO.J Y COMM SSION EXPIRES JUNE ?, 201;)4 Page 14 of 16 PROPERTY SETTLEMENT AGREEMENT AFFIDAVIT/WAIVER I, /-4bfJ~c~ ]gJet~3'~ do hereby acknowledge that I am executing a Property S&tlement Agreement. Furthermore, I hereby waive my right to have my attorney review said document prior to my execution thereof. Signature Print Name Page 15 of 16 EXHIBIT A Husband shall receive the following items: All Items in the Jack Trier Allied Vans Storage Dresser from Witmer Interiors EXHIBIT B Wife shall receive the following items: THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 16 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 GENTRY WEISS : Plaintiff : : V. : : AUDRA WEISS : Defendant : Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 2003 - 5349 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, GENTRY WEISS, and certifies that on January21, 2004 he did serve the Defendant, AUDRA WEISS with the Affidavit of Defendant Under Section 3301(c) of the Divome Code requesting her signature thereon by personal service to AUDRA WEISS. Date: Respectfully submitted~ Peter J. Russo 3800 Market Street Camp Hill, PA 1701 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 5349 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 9, 2003. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses i£I do not claim them before a divorce is granted. 5. 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's Office. 6. 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 understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, AUDRA WEISS, do not request that the Court require my spouse and me to 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. § 4904 relating to unsworn falsification to Authorities. DATE / AUDRA WEISS GENTRY WEISS Plaintiff AUDRA WEISS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 5349 IN DIVORCE CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 9, 2003. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. 5. 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's Office. 6. 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 understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, GENTRY WEISS, do not request that the Court require my spouse and me to 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 oJ 18 Pa.C.S. § 4904 relating to unswom falsification to Authorities. /~' ~, ~ PETER J. RUSSO, ESQUIRE PA Supreme Court/D: 72897 3800 Market Street Camp Hill, pA 17011 (717) 591-1755 GENTRY WEISS Plaintiff AUDRA WEISS Defendant Attorney for Plaintiff · IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : : NO. 2003- 5349 CIVIL TERM : IN DIVORCE PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Cmnp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff GENTRY WEISS Plaintiff AUDRA WEISS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 5349 IN DIVORCE PRAECIPE TO TRANSMIT RECORi~} To the Prothonotary: CIVIL TERM Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Divorce Code. Irretrievable breakdown under Section 3301 ( c ) of the 2. Date and manner of service of the Complaint: Complaint served AUDRA WEISS by Certified Mail, with return receipt on October 11 2003 on 3. Date of execution of the plaintiff's affidavit required by Section 3301(c) of the Divorce Code: ~ Date of service of plaintiff's affidavit on defendant: ~ Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: ~004 4. Related claims pending: None Date:~ GENTRY WEISS INTHE COUrt OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of ~ PENNA. Plaintiff VERSUS NO. __.2003-5349 DECREE iN DIVORCE AND NOW, ~?~4~ , IT IS OrDErED AND DECREED THAT. GENTRY WEISS , PLAINTIFF, AND ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RE~iORD IN THiS ACTION For WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; The partiem hmv~ m×em,~t~d ~ prnper~y sPt~l~men~ m~r~ement which shall be incorporated htd- Said property settlement agreement was f~ed on January 26, BY THE COURT: ATTEF //] 2004, PROTHONOTARY