HomeMy WebLinkAbout03-5672GINA M. WISKEMANN
Plaintiff,
V.
R. MARK WISKEMANN,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. -- ~ot
CIVIL ACTION - 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 FOR ANY OTHER CLAIM OF 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
IRRETRIEVABLEBREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST
MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE
IN THE OFFICE OF THE PROTHONOTARY AT:
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONCE, 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
GINA M. WISKEMANN
Plaintiff,
V.
R. MARK WISKEMANN,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - DIVORCE
_.
..
COMPLAINT FOR DIVORCE
UNDER SECTION 3301(c) OR 3301(d) of the DIVORCE CODE
This Honorable Court has jurisdiction with respect to this matter pursuant
Section 931 of the Judicial Code (42 Pa. C.S.A. § 931) and Section 3104 of
the Divorce Code (23 Pa. C.S.A. § 3104).
Venue is proper in this Judicial District because both Plaintiff and
Defendant are residents of Cumberland County.
Plaintiff is Gina M. Wiskemann, who resides at 150 Lancaster Blvd.,
Mechanicsburg, Cumberland County, Pennsylvania, and has since
November 21, 1988.
Defendant is R. Mark Wiskemann who resides at 150 Lancaster Blvd.,
Mechanicsburg, Cumberland County, Pennsylvania, and has since
November 21, 1988.
Plaintiff and Defendant each bas been a bona fide resident of and in the
Commonwealth of Pennsylvaff~a and Cumberland County for at least six (6)
months immediately preceding the filing of this Complaint.
Plaintiff and Defendant were married on April 12, 1985 in Middletown,
Dauphin County, Pennsylvania in the United States of America.
11.
There have been no prior actions of divorce or for annulment between the
parties.
Plaintiff acknowledges notification of the avai!ability of counseling as
prescribed in the Pennsylvania Rules of Court.
The marriage is irretrievably broken.
Neither Plaintiff nor Defendant is in the military service of the United
States of America.
Plaintiff and Defendant have two children of the parties: Elisha Renee
Wiskemann, who is under the age of eighteen (18), was bom on May 15,
1990, and is currently living with Plaintiff, and Jordan Leigh Wiskemann,
who is under the age of eighteen (18), was bom on Novemb~ 18, 1985, and
who is currently living away at college in Shippensburg, Pennsylvania.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, divorcing
the Plaintiff and Defendant, and if the parties enter into an agreement, that the same be
incorporated in the decree and entered as an Order of the Court.
Respectfully submitted,
CAPOZZI & ASSOCIATES, P.C.
~ttomey ID# 85692 .* k~
2933 North Front Street
Harrisburg, PA 171 I0-1250
Telephone: [717] 233-4101
DATE: October 24, 2003 [Attorneys for Plaintiff]
GINA M. WISKEMANN
Plaintiff,
V.
R. MARK WISKEMANN,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
..
: NO.
:
: CIVIL ACTION - DIVORCE
.,
:
VERIFICATION
I, Gina M. Wiskemann, the Plaintiff in the attached Complaint, verify that the
statements made in the Complaint are true and correct. 1 understand that false statements
therein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom
falsification to authorities.
Gina M. Wiskemann
DATE: October 24, 2003
Capozzi & Associates, P.C.
Michael A, Hynum, Esquire - I,D. #85692
2933 North Front Street
Harrisburg, PA 17]10
Attorneys for Plaintiff
GINA M. WISKEMANN,
Plaintiff
R. MARK WISKEMANN,
Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5672 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
)
) SS:
)
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, MICHAEL A. HYNUM, ESQUIRE, who being duly sworn according to law deposes and
says that on October 29, 2003, he sent a certified copy of a Complaint in Divorce by certified mail,
return receipt requested, restricted delivery, to R. Mark Wiskemann, 150 Lancaster Blvd.,
Mechanicsburg, PA 17055, and the return receipt card signed by Mark Wiskemann, and shown as
being delivered Oct°bet 31' 2003' is attachel~~ h2 ~
Sworn to and subscribed X~vlII~HAI~L A.
before me this 3rd
day of November, 2003.
Notary Public
My Commission Expires:
1'
C N'oteflal ~
amllle Irt La ~bie, Notary Public
City of l~nntsbur~, Daut~in County
My Comn~slon Expires l~ec, 12, 2005
DIVORCE INFORMATION SHEET
Pursuant to Act 2001-82, Vital Statistic Forms are not required effective January 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 03-5672 civil Term
PLAINTIFF'S NA~~ Gina Marie Wiskemann
PLAINTIFF'S SOCIAL
SECURITY NUMB ER 210-56-2357
DEFENDANT'S N~ [ME Ronald Mark Wiskemann
DEFENDANT'S.S~ )ClAL
SECURITY NUMB ER 176-54-2849
YEARS MARRIED <5 5-9 10-14 15-19 20-24 25-29 >30
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .~. day of ,2004, by
and between GINA M. WISKEMANN (hereinafter referred toast"WEe") and R.
MARK WISKEMANN (hereinafter referred to as "Husband").
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married
on April 12, 1985, in Middletown Pennsylvania; and
WHEREAS the parties are the parents of one minor child, namely,
ELISHA RENEE WISKEMANN, born May 15, 1990; and
WHEREAS, the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other,
including without limitation, the settling of all matters between them relating to the
ownership and equitable distribution of their real and personal property; the
settling of all matters between them relating to past, present and future support,
alimony, alimony pendente lite and/or maintenance of Wife by Husband or of
Husband by wife, child custody and child support, if applicable; and in general,
the settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertakings hereinafter set forth and for other good and vatuable
consideration, the receipt and sufficiency of which is hereby acknowledged by
each of the parties hereto, Husband and Wife, each intending to be legally bound
hereby, covenant and agree as follows:
1. PERSO. NAL RIGHTS. Husband and Wife may, at all times
hereafter, live separate and apart. Each shall be free from all control, restraint,
interference and authority, direct or indirect, by the other. Each may reside at
such place or places as he or she may select. Neither party will interfere with the
use, ownership, enjoyment or disposition of any property now owned by or
hereafter acquired by the other.
2. EQUITABLE DISTRIBUTION.
A. MARITAL RESIDENCE. The parties acknowledge that they are the
titled owners, as tenants by the entireties, of that certain house and lot and all
improvements thereupon situated at 150 Lancaster Boulevard, Mechanicsburg,
Cumberland County, Pennsylvania (hereinafter referred to as the "marital
residence"). The parties agree as follows with respect to the marital residence;
1. Wife shall retain exclusive possession of the marital residence and
shall be permitted to take any action with respect thereto that she
deems appropriate. Wife has obtained financing for the purpose of
transferring the marital residence solely to her name.
2. Upon transferring the marital residence solely to her name, wife
paid to husband the sum of $10,685.31 [Ten Thousand, Six
Hundred Eighty Five Dollars and Thirty One cents] as partial
consideration for husband's
residence.
Husband, contemporaneously
equitable interest in the marital
with the receipt of said partial
consideration, executed a deed transferring all of his right, title and
interest in the marital residence to Wife.
In order for wife to complete consideration paid to husband for the
marital property, wife shall, on or before the 5th anniversary of the
date on which the events described above occur, either 1)
refinance the mortgage on the marital property or 2) place the
marital residence with a mutually acceptable real estate agent for
the purpose of selling the marital residence. Upon such refinancing
or sale of the marital residence, wife shall pay to husband the
proceeds from such sale, as remain due from the original transfer
of the marital residence, as described in paragraph 2 of this
subsection. Such amounts due shall be as follows:
PRINCIPAL: $6,157.34 PLUS INTEREST AS SHOWN ON EXHIBIT A
INTEREST: Seven percent per annum compounded daily using 360
day amortization - See Attached Amortization Schedule [Exhibit A]
which is attached hereto and is incorporated by reference
SATISFACTION OF TAX DELINQUENCY IN 2004:$2,007.27
INTEREST AS SHOWN ON EXHIBIT A
PLUS
B. FURNISHINGS AND PERSONAL PROPERTY. The parties agree
that they have divided the furniture and household goods from the marital
residence to their mutual satisfaction.
C. MOTOR VEHICLES. The parties agree that they have resolved the
issues of title and ownership of marital motor vehicles to their mutual satisfaction.
D. JOINT DEBTS AND LIABILTIES. Husband and Wife acknowledge
that there are no outstanding joint debts incurred during the marriage.
Any debts or obligations incurred by either party in his/her individual
name; whether incurred before or after separation, are the sole responsibility of
the party in whose name the debt or obligation was incurred.
E. LIFE INSURANCE. Each party shall retain his or her life insurance
currently in his or her sole name and the other party specifically waives any right
or title thereto.
F. BANK ACCOUNTS, INDIVIDUAL RETIREMENTS ACCOUNTS
AND CERTIFICATES OF DEPOSIT. All joint bank accounts have been divided
to the mutual satisfaction of the parties.
G. STOCKS, SECURITIES AND OTHER INTANGIBLE ASSETS.
Each party will retain any investments/annuities titled in his or her sole name.
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Each party specifically waives dght or title to any investments/annuities held in
the sole name of the other party.
H. PENSION AND RETIREMENT BENEFITS. The parties
acknowledge that the marital estate includes Husband's and Wife's retirement
benefits. Each party hereby specifically releases and waives any and all right,
title, claim or interest that either may have in and to the other's said retirement
benefits, specifically to include a waiver of any spousal annuity benefits and/or
beneficiary designations thereunder. Husband and Wife shall execute any
documents pursuant to the Retirement Equity Act or any similar act which may
be required to accomplish the purposes of this subparagraph.
4. AFTER ACQUIRED PROPERTY. The parties shall hereafter own
and enjoy, independently of any claim or right of the other, all items of property,
real, personal or mixed, tangible or intangible, which are or were acquired by him
or her after the parties' date of separation, with full power in him or her to dispose
of the same as fully and effectively, in all respects and for all purposes, as though
he or she were unmarried.
5. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY.
Husband shall pay to Wife, as alimony the sum of Nine Hundred Fifty Dollars
($950.00) per month commencing with January 2004 for a period of sixty (60)
months or until Wife re-marries, cohabitates or dies, whichever first occurs. Said
alimony shall be determined as follows:
January 2004 - January 2005:$950.00 per month payable on the first
day of each month. Thereafter, the parties agree that alimony
payments will be calculated for each subsequent February through
January for the duration of the sixty-month period by using
Husband's gross income from the previous calendar year, times ten
percent, divided by 12. The parties further agree that alimony
payments for months 14 through 60 shall not exceed $950.00 per
month, nor shall such alimony payments be less than $750.00 per
month.
The parties hereby agree that these payments shall be taxable to Wife and
deductible by Husband. The parties stipulate and agree (a) that said alimony
payments are necessary for the support and maintenance of Wife; and (b)
without the aforesaid alimony payments Wife will not have sufficient income from
other assets or employment to maintain herself and provide for the support of the
minor children. The amount of alimony shall not, except in the event of the death
or physical or mental incapacitation of husband, be modified upward or
downward for any reason and the parties release any rights they may have to
seek modification with respect to the provisions of this paragraph other than
those specifically set forth herein. The parties further agree that the alimony
shall continue even if any other condition occurs that would terminate the alimony
under the Pennsylvania Divorce Code or in the event of any subsequent filing of
bankruptcy by Husband.
If Husband files for bankruptcy within five years of the date of this Agreement,
this Agreement shall constitute conclusive evidence of the parties' intent that the
obligation of this paragraph is in the nature of support and maintenance and is
not dischargeable in bankruptcy under the current bankruptcy law or any
amendment thereto. Further, if Husband institutes an action in bankruptcy or any
other bankruptcy proceeding is instituted in which Wife's right to the alimony
hereunder becomes a matter for judicial review, Husband agrees to consent to
any motion filed by Wife with the Bankruptcy Court requesting that the
Bankruptcy Court abstain from deciding the dischargeability of this alimony
obligation and any other obligations due her hereunder in order to allow the
Cumberland County, Pennsylvania Court of Common Pleas to rule on this issue.
If for any reason Husband is successful in having this obligation discharged in
bankruptcy, or if any payments made to Wife of alimony are deemed a
preference by a court of competent jurisdiction in bankruptcy, then the par~ies
agree that this Agreement shall be null and void as a resolution of wife's pending
economic claims in a certain divorce action filed at No. 03-5672 Civil Term in the
Cumberland County Court of Common Pleas, including W'rfe's claim for equitable
distribution, alimony pendente lite, alimony, child support, and counsel fees and
any expenses as may be set forth in the divorce complaint filed by Wife as
7
plaintiff in the aforesaid action. Any release of any of Husband's other obligations
arising out of the marriage under this Agreement also shall be null and void. With
the effective date that Husband's obligation ceases under this section due to the
bankruptcy discharge, or the effective date of any order requiring repayment of
alimony by Wife as a preference in bankruptcy, Wife shall have the dght to
prosecute her economic claims in the divorce action as if this agreement had not
been entered and any order of support in any form shall be effective retroactive
to the date of discharge or date of receipt of any payment Wife is required to
repay.
6. LIABILITY NOT LISTED. Each party represents and warrants to
the other that he or she has not incurred any debt, obligation or other liability,
other than those described in this Agreement, for which the other party is or may
be liable. A liability not disclosed in this Agreement will be the sole responsibility
of the party who has incurred or may hereafter incur it, and such party agrees to
pay it as the same shall become due, and to indemnify and hold the other party
and his or her property harmless from any and all such debts, obligations and
liabilities.
7.
INDEMNIFICATION OF WIFE, If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations
assumed by Husband under this Agreement, Husband shall, at his sole expense,
defend against any such claim, action or proceeding, whether or not well-
8
founded, and indemnify her and her property against any damages or loss
resulting therefrom, including but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
8. INDEMNIFICATION OF HUSBAND. If any claim, action or
proceeding is hereafter initiated seeking to hold Husband liable for the debts or
obligations assumed by Wife under this Agreement, Wife shall, at her sole
expense, defend against any such claim, action or proceeding, whether or not
well-founded, and indemnify him and his property against any damages or loss
resulting therefrom, including but not limited to, costs of court and actual
attorney's fees incurred by Husband in connection therewith.
9. CHILD SUPPORT AND CUSTODY. The parties have reached an
agreement with respect to child support and have filed an Agreed upon
Stipulation and Agreement for approval by the Court independent of this
agreement. Mother will have primary physical custody of the parties' minor child,
Elisha. The parties will share joint legal custody of the parties' minor child,
Elisha. It is mother's intent to allow father liberal visitation at the discretion of
both parties.
10. JOINT TAX RETURNS. The parties acknowledge that they have
filed or will file joint federal and state income tax returns for 2003. The parties
shall divide any refund equally and will share any deficit due pro-rata according
to their incomes.
11. DEPENDENCY EXEMPTION. Beginning in 2004 and in all years
thereafter, Wife shall be entitled to take the federal dependency exemption for
the parties' daughter, Elisha. Husband shall execute all documents necessary to
effect the terms of this provision.
12. COUNSEL FEES, COSTS AND EXPENSES. The parties agree to
share equally the responsibility for the legal fees, costs and expenses incurred in
connection with dissolution of their marriage and the preparation and execution
of this Agreement.
13. ADVICE OF COUNSEL.
Upon signing this agreement, both
husband and wife understand and acknowledge that they knowingly and
intelligently waive any conflict or potential conflict regarding the representation of
Michael A. Hynum, Esquire in this matter and agreement. They have been fully
informed as to her legal rights and obligations, including all rights available to her
under the Divorce Code and other applicable laws.
Both parties have entered into this agreement of their own accord,
knowingly and intelligently waiving their right to other counsel.
Husband and Wife have met with Michael A. Hynum, Esquire to discuss
this agreement.
14. TAX CONSEQUENCES OF PROPERTY TRANSFER. The parties
have negotiated this Agreement with the understanding that the property
transfers described in this ^greement fall within the provisions of Section 1041 of
l0
the Internal Revenue Code, and as such will not result in the recognition of any
gain or loss upon the transfer by the transferor.
15. TAX NOTICES. Within five (5) calendar days of either party's
receipt of any deficiency notice or other correspondence from the Internal
Revenue Service, the Pennsylvania Department of Revenue, or the local taxing
authority, the receiving party shall provide the other with a copy of such notice
and/or correspondence.
16. WAIVER OF INHERITANCE RIGHTS. Unless otherwise
specifically provided in this Agreement, as of the date of execution of this
Agreement, Husband and Wife each waives all rights of inheritance in the estate
of the other, any right to elect to take against the Will or any Trust of the other or
in which the other has an interest and each of the parties hereby waives any
additional rights which said party has or may have by reason of their marriage,
except the rights saved or created by the terms of this Agreement. This waiver
shall be construed generally and shall include, but not be limited to, a waiver of
all rights provided under the laws of Pennsylvania or any other jurisdiction.
17. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any
and all beneficiary rights and any and all rights as a surviving spouse in and to
any asset, benefit or like program carrying a beneficiary designation which
belongs to the other party under the terms of this Agreement, including, but not
]!
limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank
accounts, final pay checks or any other post-death distribution scheme, and each
party expressly states that it is his and her intention to revoke by the terms of this
Agreement any beneficiary designations naming the other which are in effect as
of the date of execution of this Agreement. If and in the event the other party
continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased
party.
18.
RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets
and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and
Husband hereby waive any right to division of their property except as provided
for in this Agreement. Furthermore, except as otherwise provided for in this
Agreement, each of the parties hereby specifically waives, releases, renounces
and forever abandons any claim, right, title or interest whatsoever he or she may
have in property transferred to the other party pursuant to this Agreement or
identified in this Agreement as belonging to the other party, and each party
agrees never to assert any claim to said property or proceeds in the future.
However, neither party is released or discharged from any obligation under this
Agreement or any instrument or document executed pursuant to this Agreement.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any
and all rights and obligations which either party may have or at any time
hereafter has for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and
any other right or obligation, economic or otherwise, whether arising out of the
marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well
as under any other law of any other jurisdiction, except and only except all rights
and obligations arising under this Agreement or for the breach of any of its
provisions. Neither party shall have any obligation to the other not expressly set
forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her
heirs, executors, administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital
relationship of the parties whether now existing or hereafter arising. The above
release shall be effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements or liabilities of the other or by way
of dower, curtesy, widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary or all
other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any state, commonwealth or
territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this Agreement
and such rights as are expressly reserved herein, each party gives to the other
by the execution of this Agreement an absolute and unconditional release and
discharge from all causes of action, claims, rights or demands whatsoever in law
or in equity, which either party ever had or now has against the other.
(e) Husband and Wife acknowledge that VVffe has instituted a no-fault
action in divorce against Husband docketed to No. 03-5672 Civil Term in the
Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall
proceed with the said divorce action and the parties shall execute all documents
necessary to conclude the divorce as expeditiously as possible.
19. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN
DIVORCE DECREE... This Agreement may be incorporated into a decree of
divorce for purposes of enforcement only, but shall not be merged into said
decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in
14
law or in equity under this Agreement as an independent contract. Such
remedies in law or equity are specifically not waived or released.
20. MODIFICATION. No modification, rescission or amendment to this
Agreement shall be effective unless in writing and signed by each of the parties
hereto.
21. WAIVER OF BREACH. The waiver by one party of any breach of
this Agreement by the other party shall not be deemed a waiver of any other
breach of any provision of this Agreement.
22. APPLICABLE LAW. All acts contemplated by this Agreement shall
be construed and enforced under the substantive laws of the Commonwealth of
Pennsylvania in effect as of the date of execution of this Agreement. The situs of
this Agreement shall be Cumberland County, Pennsylvania.
23. SEVERABILITY. If any provision of this Agreement is held by a
court of competent jurisdiction to be void, invalid or unenforceable, the remaining
provisions hereof shall nevertheless survive and continue in full force and effect
without being impaired or invalidated in any way.
24. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns and successors.
25. HEADINGS NOT PART OF AGREEMENT. Any headings
preceding the text of the several paragraphs and subparagraphs hereof are
]5
inserted solely for convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
26. ENTIRE AGREEMENT.. Each party acknowledges that he or she
has carefully read this Agreement; that he or she has discussed its provisions
with an attorney of his or her own choice, and has executed it freely and
voluntarily. The parties further acknowledge and confirm that the execution of
this Agreement is not the result of any duress, undue influence, collusion or
improper or illegal agreement or agreements; and that this instrument expresses
the entire agreement between the parties concerning the subjects it purports to
cover and supersedes any and all prior agreements between the parties. This
Agreement should be interpreted fairly and simply, and not strictly for or against
either of the parties.
27. MUTUAL COOPERATION. Each party shall, on demand, execute
and deliver to the other any deeds, bills of sale, assignments, consents to
change of beneficiary designations, tax returns, and other documents, and shall
do or cause to be done every other act or thing that may be necessary or
desirable to effectuate the provisions and purposes of this Agreement. If either
party unreasonably fails on demand to comply with these provisions, that party
shall pay to the other party all attorney's fees, costs, and other expenses actually
incurred as a result of such failure.
28. BREACH. If either party hereto breaches any provision hereof, the
other party shall have the right, at his or her election, to sue for damages for such
breach, or seek such other remedies or relief as may be available to him or her.
The non-breaching party shall be entitled to recover from the breaching party all
costs, expenses and legal fees actually incurred in the enforcement of the rights
of the non-breaching party.
29. DATE OF EXECUTION.. The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which the parties
signed the Agreement if they do so on the same date, or if not on the same date,
then the date on which the Agreement was signed by the last party to execute
this Agreement.
30. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
31. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE.
This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt
to effect a reconciliation. This Agreement also shall continue in full force and
effect in the event of the parties' divorce. There shall be no modification or
waiver of any of the terms hereof unless the parties in writing execute a
statement declaring this Agreement or any term of this Agreement to be null and
void. [signatures follow]
17
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and ,ye~'~t above written.
///~ -- - ~---~'-'-'~--, ~ -- ~,. b~ARK WISK,~j~ANN
18
EXHIBIT A
Principal Interest Balance
Feb-04 $8,164.61 0 $8,164.61
Mar-04 $8,164.61 $46.97 $8,211.58
Apr-04 $8,211.58 $47.24 $8,258.83
May-04 $8,258.83 $47.52 $8,306.35
Jun-04 $8,306.35 $47.79 $8,354.14
Jul-04 $8,354.14 $48.06 $8,402.20
A,g-04 $8,402.20 $48.34 $8,450.54
Sep-04 $8,450.54 $48.62 $8,499.16
Oct-04 $8,499.16 $48.90 $8,548.06
Nov-04 $8,548.06 $49.18 $8,597.24
Dec-04 $8,597.24 $49.46 $8,646.71
Jan-05 $8,646.71 $49.75 $8,696.45
Feb-05 $8,696.45 $50.03 $8,746.49
Mar-05 $8,746.49 $50.32 $8,796.81
Apr-05 $8,796.81 $50.61 $8,847.42
May-05 $8,847.42 $50.90 $8,898.32
Jun-05 $8,~98.32 $51.20 $8,949.52
Jul-05 $8,949.52 $51.49 $9,001.01
Aug-05 $9,001.01 $51.79 $9,052.80
Sep-05 $9,052.80 $52.08 $9,104.88
Oct-05 $9,104.88 $52.38 $9,157.27
Nov-05 $9,157.27 $52.69 $9,209.95
Dec-05 $9,209.95 $52.99 $9,262.94
Jan-06 $9,262.94 $53.29 $9,316.23
Feb-06 $9,316.23 $53.60 $9,369.83
Mar-06 $9,369.83 $53.91 $9,423.74
Apr-06 $9,423.74 $54.22 $9,477.96
May-06 $9,477.96 $54.53 $9,532.49
Jun-06 $9,532.49 $54.84 $9,587.34
Jul-06 $9,587.34 $55.16 $9,642.50
Aug-06 $9,642.50 $55.48 $9,697.97
Sep-06 $9,697.97 $55.80 $9,753.77
Oct-06 $9,753.77 $56.12 $9,809.89
Nov-06 $9,809.89 $56.44 $9,866.33
Dec-06 $9,866.33 $56.77 $9,923.09
Jan-07 $9,923.09 $57.09 $9,980.19
Feb-07 $9,980.19 $57.42 $10,037.61
Mar-07 $10,037.61 $57.75 $10,095.36
Apr-07 $10,095.36 $58.08 $10,153.44
May-07 $10,153.44 $58.42 $10,211.86
Jun-07 $10,211.86 $58.75 $10,270.61
Jul-07 $10,270.61 $59.09 $10,329.70
Aug-07 $10,329.70 $59.43 $10,389.13
Sep-07 $10,389.13 $59.77 $10,448.91
Oct-07 $10,448.91 $60.12 $10,509.02
Nov-07 $10,509.02 $60.46 $10,569.49
Dec-07 $10,569.49 $60.81 $10,630.30
Jan-08 $10,630.30 $61.16 $10,691.46
Feb-08 $10,691.46 $61.51 $10,752.97
Mar-08 $10,752.97 $61.87 $10,814.84
Apr-08
May-08
Jun-08
Jul-08
Aug-08
Sep-08
Oct-08
Nov-08
Dec-08
Jan-09
Feb-09
Principal
$10,814.64
$10,877.06
$10,939.64
$11,002.58
$11,065.88
$11,129.55
$11,193.58
$11,257.98
$11,322.75
$11,387.90
$11,453.42
Interest
$62.22
$62.58
$62.94
$63.30
$63.67
$64.03
$64.40
$64.77
$65.14
$65.52
$65.90
Balance
$10,877.06
$10,939.64
$11,002.58
$11,065.88
$11,129.55
$11,193.58
$11,257.98
$11,322.75
$11,387.90
$11,453.42
$11,519.31
KERRY d RITCHEY, CPCU, AIQ
Claims lvlanager
ERIE INSURANCE GROUP
Branch Office · 4901 Louise Dr · Rossmoyne Business Center · P.O Box 2013 · Mechanicsburg, PA 170554~710
(717) 795 8200 · Toll Free 1 800 382 1304 · Fax (717) 795 2315 · wvwverlecsurance corn
February 23, 2004
Cumberland County Prothonotary's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Erie Claim #: 010170689990
Erie Insured: Pauline Kostelac
Date of Loss: 04-12-2003
Defendant: Elizabeth Matter
Docket: 03-5822
Dear Sir:
! certify that the above-captioned Judgment is a result of a Motor Vehicle Accident.
Sincerely,
Sandra Goodling
Subrogation Specialist
SG:dll
The ERIE Is Above All In sERvicE® ,,~nce 1925
GINA M. WISKEMANN,
Plaintiff
R. MARK WISKEMANN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-5672 Civil Term
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 § 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: certified mail, return receipt
requested, restricted delivery, on October 31, 2003.
(b)(i)
3. (a)
(2)
Date of execution of the affidavit of consent
required by § 3301(c) of the Divorce Code: by
Plaintiff 2/23/04; by Defendant 2/23/04.
Date of execution of the Affidavit required by §3301(d) of
the Divorce Code:
Date of filing and service of Plaintiff's Affidavit
upon the Defendant:
4. Related claims pending: All economic claims have been settled by the parties
in their Separation and Property Settlement Agreement dated February 23, 2004.
5. (a)
Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached:
(b)
Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with
the Prothonotary: 2/24/04.
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with
the Prothonotary _2/24/04.
Alt t o r'll~/y~'~r~ a iht i~f\'
GINA M. WISKEMANN,
Plaintiff
VERSUS
R. MARK WISKEMANN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .~. PENNA.
NO. 03-5672 Civil Term
DECREE iN
DIVORCE
AND NOW, I~J~,L II
DECREED THAT GINA M. WISKEMANN
AND R. MARK WISKEMANN
ARE DIVORCED FROM The BONDS OF MATRIMONY.
,2004
, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANt,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YEt BEEN ENTERED;
None.
BY THE COURT:
Att ~ j.
PROTHONOTARY