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HomeMy WebLinkAbout08-0199O Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff VS. HEIDI L. WILLIS Defendant Docket No. .iyt l jp . Civil Action - Law . Divorce NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money 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 Cumberland County Prothonotary at One Courthouse Square, Carlisle, PA 17013-3387. Phone: (717) 240-6195. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE., CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff VS. HEIDI L. WILLIS Defendant Docket No. 6 Civil Action - Law Divorce COMPLAINT UNDER §3301(c) AND &3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Ron Willis, by and through his counsel, Derek J. Cordier, and states against Defendant, Heidi L. Willis, as follows: 1. Plaintiff is Ron Willis and he has resided at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania since November, 2002. 2. Defendant is Heidi L. Willis and she has resided at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania since November, 2002. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 30, 1999 in Harrisburg, Dauphin County, Pennsylvania. 5. The parties separated on December 26, 2007. 2 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff was enlisted in Navy from February 1986 to April 1986 and discharged honorably. The Defendant has never been enlisted in or commissioned by any branch of the United States Military. 9. 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. Wherefore, Plaintiff requests the court to enter a decree of divorce. VERIFICATION I, Ron Willis, verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 7Y,---" a'?- j /'/. i Ron Willis, Plaintiff Date Respectfully submitted by: Derek 319S( 7104-1621 (717) 919-4002 3 cw rz-l 7 W RON WILLIS, HEIDI L. WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-199 CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Heidi L. Willis, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: A f 1'4 0 U L DA A. CLOTFELTER, E orney I.D. 72963 5021 E. Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile • RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.O&199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this day of February, 2008, the undersigned hereby certifies that a hue and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the opposing party by United States First Class Mail, postage prepaid: Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 Respectfully, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A rney ID No. 72963 5621 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ?? r-? .a ,, ..? d-'7 E"..?.. w $? d ? .?'? {?: a _ '7?t f.' : t? t. ; ;w? ? , ? 0 RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE NOTICE TO PLEAD: To: Ron Willis, Plaintiff c/o Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104-1621 YOU ARE HEREBY DIRECTED TO PLEAD TO THE NEW MATTER COUNTERCLAIMS WITHIN TWENTY (20) DAYS OF SERVICE OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW FIRM OF LINDA A. CLOTFELTER Dated: 10 0 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-199 HEIDI L. WILLIS, : CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE ANSWER WITH NEW MATTER COUNTERCLAIMS AND NOW, comes Defendant, Heidi L. Willis, (hereinafter referred to as "Defendant"), by and through her counsel, Linda A. Clotfelter, Esquire who files this Answer with New Matter Counterclaims, respectfully stating as follows: 1. Admitted in part and denied in part. The identity and address of Plaintiff is admitted, but it is denied that Plaintiff has lived at that residence since November, 2002. In further answer, both parties have lived at the noted residence since February, 2002. 2. See response to Paragraph 1, above. 3. Admitted. 4. Denied. The parties were married on December 28, 1999. 5. Denied. Defendant lacks sufficient knowledge or information to determine the truth of this averment and therefore, strict proof is demanded. In further answer, upon the date of filing of the Complaint in Divorce, the parties were residing in the same residence with their children. 6. Admitted. 7. Denied as same states a conclusion of law to which no response is required. 8. Admitted. 9. Admitted, upon information and belief. WHEREFORE, Defendant asks that this court enter a Decree in Divorce; an Order of Court equitably distributing the parties' marital property and debt, granting Defendant alimony, alimony pendente lite, counsel fees costs and expenses; and an Order of Court granting such other relief as this court deems just and proper. NEW MATTER COUNTERCLAIMS COUNTERCLAIM I - EQUITABLE DISTRIBUTION 10. Defendant's responses to paragraphs 1 through 9 above are incorporated herein by reference. 11. During the course of the marriage, the parties have acquired both real and personal property and they have incurred various debts. 12. The parties have been unable to agree as to the equitable distribution of their marital assets and debt. 13. Defendant asks that this court equitably distribute the parties' marital property as well as their marital debt. WHEREFORE, Defendant asks that this court enter a Decree in Divorce; an Order of Court equitably distributing the parties' marital property and debt, granting Defendant alimony, alimony pendente lite, counsel fees costs and expenses; and an Order of Court granting such other relief as this court deems just and proper. COUNTERCLAIM II- ALIMONY 14. Paragraphs 1 through 13, above, are incorporated herein by reference. 15. Defendant lacks sufficient property to provide for her reasonable needs. 16. Defendant is unable to sufficiently support herself through appropriate employment. 17. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant asks that this court enter a Decree in Divorce; an Order of Court equitably distributing the parties' marital property and debt, granting Defendant alimony, alimony pendente lite, counsel fees costs and expenses; and an Order of Court granting such other relief as this court deems just and proper COUNTERCLAIM III - ALIMONY PENDENTE LITE COUNSEL FEES COSTS AND EXPENSES 18. Paragraphs 1 through 17, above, are incorporated herein by reference. 19. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 20. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during pendency of this action. 21. Defendant's income is not sufficient to provide her reasonable needs to pay her attorney's fees and the costs of this litigation. 22. Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant asks that this court enter a Decree in Divorce; an Order of Court equitably distributing the parties' marital property and debt, granting Defendant alimony, alimony pendente lite, counsel fees costs and expenses; and an Order of Corut granting such other relief as this court deems just and proper LAW FIRM OF LINDA A. CLOTFELTER Date:3T 40- Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-199 HEIDI L. WILLIS, : CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE VERIFICATION I, HEIDI L. WILLIS, verify that the statements in the foregoing ANSWER WITH NEW MATTER COUNTER CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: HEIDI L. WILLIS, Defendant RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-199 HEIDI L. WILLIS, : CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this /P f?day of March, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER WITH NEW MATTER COUNTERCLAIMS was served upon the opposing party by United States First Class Mail, postage prepaid, addressed as follows: Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 LAW FIRM OF LINDA A. CLOTFELTER da A. Clotfelter, Esquire T A orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ? O c-n co i n O c 1 1 Q RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.O&199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE NOTICE TO PLEAD: To: Ron Willis, Plaintiff c/o Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104-1621 YOU ARE HEREBY DIRECTED TO PLEAD TO THE NEW MATTER COUNTERCLAIMS WITHIN TWENTY (20) DAYS OF SERVICE OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW FIRM OF LINDA A. CLOTFELTER Dated: loq J2A da A. lotfelter, Esquire r ney ID No. 72963 1 1 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.08-199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE DEFENDANT'S PETITION FOR ADDITIONAL COUNTERCLAIM AND NOW, comes Defendant, Heidi L. Willis, (hereinafter referred to as "Defendant"), by and through her counsel, Linda A. Clotfelter, Esquire who files this Petition for Additional Counterclaim, respectfully stating as follows: COUNTERCLAIM IV - DIVORCE 23. Paragraphs 1 and 22, of the prior pleadings of Defendant, are incorporated herein by reference. 24. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately before the filing of this divorce Complaint. 25. Plaintiff and Defendant were married on December 30, 1999, in Dauphin County, Pennsylvania. 26. There have been no prior actions of divorce or for annulment between the parties. 27. Plaintiff is not a member of the armed forces of the United States or any of its allies. 28. Defendant avers that the marriage is irretrievably broken. 29. Defendant has been advised of the availability of counselling and that Defendant may have the right to request that the court require the parties to participate in counselling. Defendant does not desire counselling. 30. Defendant as the innocent and injured spouse, has suffered such indignities due to Plaintiff's conduct that Plaintiff has made Defendant's life intolerable and burdensome. 31. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Defendant asks that this court enter a Decree in Divorce; an Order of Court equitably distributing the parties' marital property and debt, granting Defendant alimony, alimony pendente lite, counsel fees costs and expenses; and an Order of Court granting such other relief as this court deems just and proper. Date: A / ? D LAW FIRM OF LINDA A. CLOTFELTER V -- r- J22Aorney da A. Clotfelter, Esquire I.D. No. 72963 1 1 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.08-199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE VERIFICATION I, HEIDI L. WILLIS, verify that the statements in the foregoing DEFENDANT'S PETITION FOR ADDITIONAL COUNTERCLAIMS are true and correct to the best of my knowledge, information and belief. 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: ?? HEIDI L. WILLIS, Defendant RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.O&199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this &tf day of February, 2009, the undersigned hereby certifies that a hue and correct copy of the foregoing DEFENDANT'S PETITION FOR ADDITIONAL COUNTERCLAIMS was served upon the opposing party by United States First Class Mail, postage prepaid, addressed as follows: Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 LAW FIRM OF LINDA A. CLOTFELTER da A. Clotfelter, Esquire orney ID No. 72963 21 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile -r? C P- Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 9194002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PE SYLVANIA RON WILLIS Plaintiff Docket No. 2008-1083 VS. HEIDI L. WILLIS Defendant Civil Action - Law Divorce MOTION FOR APPOINTMENT OF MASTER AND NOW, comes the Plaintiff, Ron Willis, and moves the court to appoint a master with respect to the following claims: divorce; distribution of property; counsel fees; costs and expenses; alimony; and alimony pendente lite, and in support of the motion states: 1. Discovery is not complete as to the claims for which the appointment of a master is requested, however, the Plaintiff avers that discovery can be complete within thirty (30) days from the date of this order. 2. The non-moving party has appeared in this action with counsel, Linda A. Clotfelter, Esquire, 5021 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050. (717) 796-1930. 3. The statutory grounds for divorce are §3301(c) and §3301(d). 4. The action is contested as to the following claims: distribution of property; counsel fees; costs and expenses; alimony; and alimony pendente lite. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take four (4) hours. I verify that the statements made in the foregoing Motion 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. Ron Willis Date Respectfully submitted by: Derek C rdi , Esq. #83284 319 South -Front Street Harrisburg, PA 17104-1621 (717) 919-4002 ????V"Qt"i :'CE OF THE RS,)PjPNOTARY 1009 MAY I I Pik 3: 14 Cuw MAY 17 20W 7 Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS vs. HEIDI L. WILLIS Plaintiff . Docket No. 2008-1083 Defendant . Civil Action - Law Divorce ORDER ,?1 r AND NOW, this j! ', day of , NW, t?• , Esquire, is appointed master with respect to the following claims: distribution of property; counsel fees; costs and expenses; alimony; and alimony pe9d6te lite. BY THE COURT: J !ge D-button: ../Counsel for Plaintiff: Derek J. Cordier, Esquire, 319 South Front Street, Harrisburg, PA 17104. (7} 7) 919-4002. _,--'Counsel for Defendant: Linda A. Clotfelter, 5021 East Trindle Road, Suite 100, Mechanicsburg, PA 17050. (717) 796-1930. s/r d v/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff : Docket No. 2008-199 vs. Civil Action - Law Divorce HEIDI L. WILLIS Defendant PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Plaintiff, Ron Willis, requests that Defendant, Heidi L. Willis, answer the following interrogatories under oath and serve them upon Plaintiff within 30 days, pursuant to rule 4005 of the Pennsylvania Rules of Civil Procedure. Please take notice that demand is hereby made upon you for answers under oath or certification to the following Interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to answer the following Interrogatories within thirty (30) days after service upon you pursuant to the Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all Interrogatories contained herein: (A) "Documents" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "documents" includes, without limitation, correspondence, memoranda, inter-office communications, minutes, reports, notices, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, computer discs, electronic data processing records and all other such materials tangible or retrievable, of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand or shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, or other form. (B) The term "identify" means, with respect to documents: (1) To give the date, title, author and addressee; (2) To describe a document sufficiently well to enable the interrogator to know what the document is and to retrieve it from a file or wherever it may be located; (3) To describe it in a manner suitable for use as a description in a subpoena; and (4) To give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. (C) "Identify" when used in reference to an individual means: (1) To state his or her full name; (2) Present residence address or last known address; (3) Present or last known business address; (4) Present employer or last known employer; and (5) Whether ever employed by any party to this action, and if so, the dates he or she was employed by that party, the name of the party, and the last position held as an employee of the party. (D) Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out in both conjunctive and disjunctive, and whenever the information is set out in the disjunctive, it is to be given separately for each and every element sought. (E) Whenever a date, amount, or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. (F) No answer is to be left blank. If the answer to an Interrogatory or subparagraph of an Interrogatory is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. (G) These Interrogatories are continuing and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, is to be supplied by supplemental answers. (H) Attach such additional sheets as are necessary to completely answer each interrogatory. 2 INTERROGATORIES (1) Please state your employment history. (2) Please state your schooling history and any degrees that you may hold. (3) Please list all of the awards you have received as to your business and schooling. (4) With regard to each employment which you have held, state the total gross and net compensation. (5) List all of your interests in any retirement or pension plan, including a Keogh plan or an IRA. (6) List all insurance policies in which you have any interest as owner, insured, or beneficiary„ (7) Have you transferred or otherwise disposed of any property in the past two years? (6) What is your ownership interest in any business? (7) Do you own or have any interest in any certificate of deposit, treasury note, or any money market fund? (8) Please list all of your debts, both marital and non-marital. (9) Please list your assets, both marital and non-marital. 3 (10) Have you prepared, or had prepared, a statement of your assets, liabilities and net worth or other financial statement? (11) Are you an intestate or testate heir of any person who has died within the last twelve months, or who died longer ago but whose estate assets remain undistributed? (12) Does any person, corporation or other entity owe you money, and if so, please list them? REQUEST FOR PRODUCTION OF DOCUMENTS (1) Please provide any and all documents checking or banking account statements for the last: three years. (2) Copies of the federal and state income tax returns filed by you, together with accompanying worksheets including W-2 forms; copies of federal and state income tax returns for 2006 through 2008. (3) All records indicating any and all income, including gifts, received by you from any and all sources from January 1, 2007 to date. (4) All employment information, including without limitation, wages, salaries, bonuses, stock options, commissions, earnings, income, employer contracts, pay raises, promotions, payroll deductions, other deductions of an kind, credit union accounts, pension plan, pension fund, retirement plan, retirement fund, stock plan and stock fund and other benefits of deductions of any kind which are, were previously, or which may be in the future paid, available, accepted, rejected, credited, offered, or withheld for any purpose by any individual, agency, department, company or otherwise; or to which you are, were or may become entitled in the future at any time from January 1, 2007 to date. Include in this response any and all pay stubs reflecting income from all sources for 2009 to date. (5) Records that relate to any secured or unsecured personal loan made to you from January 2007 to date whither form a member of your family, a banking institution, credit union or any individual or entity. 4 (6) All documentation of any asset not identified above, which you claim to be marital in nature. (7) All documentation of any debt not identified above, which you claim to be marital in nature. (8) All documentation of any asset which you claim to be non-marital in nature. Respectfully submitted by: Derek Cordier, Es 4. #83284 319 So Front reet Harrisburg, PA 17104-1621 (717) 919-4002 5 CERTIFICATE OF SERVICE I, the undersigned, herby certify that on this date, a true and correct copy of the Plaintiffs First Interrogatories and Request for Production of Documents to Defendant was served upon the following parties by way of first class mail on August 24, 2009, to the following individuals: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 ?7* Dated: Gj 'O'l ? By: Der . Cordier Attor ID No. 83284 319 Sout Street Harrisburg, PA 17104-1621 (717) 919-4002 telephone (717) 213-4984 facsimile 6 VERIFICATION I Heidi Willis, hereby VERIFY that the answers to the foregoing Interrogatories are true, correct, and complete. I understand that false statements therein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Heidi Willis Date 7 2 009 L:G 24 FMi 4 RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 0&199 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Linda A. Clotfelter, Esquire, of Law Firm of Linda A. Clotfelter for Defendant, Heidi L. Willis, in the above-captioned matter. Date: f Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER L"A A. CLOTFELTER, E orney I.D. 72963 5021 E. Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ENTRY OF APPEARANCE Kindly enter the appearance of Diane M. Dils, Esquire, of Law Firm of Dils & Dhls for Defendant, Heidi L. Willis, in the above-captioned matter. Respectfully submitted, Date: LAW FIRM OF LINDA A. CLOTFELTER By- DIANE M. D , ESQUIRE Attorney I.D. 71873 1400 N. Second Street Harrisburg, PA 17102 (717) 233-8743 telephone (717) 233-2567 facsimile FILED--C;t4HCE OF THE 2009 SEP I I PM 1: 5 6 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Heidi L. Willis ROB WILLIS, Plaintiff vs. HEIDI L. WILLIS, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2008-199 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Diane M. Dils, Esquire, hereby accept service on behalf of the Defendant, Heidi L. Willis of the Complaint in Divorce Under Section 3301(c) of the Divorce Code on behalf of Heidi L. Willis, the Defendant, on the 20 day of January 2008. i? A BY: Diane M. Dils, Esquire 1400 North Second Street First Floor Front Harrisburg, PA 17102 Attorney I.D. No. 71873 Telephone No. (717) 232-9724 'AIRY 2009 DEC 8 CU?y ? i RON WILLIS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 199 CIVIL HEIDI L. WILLIS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of /QpAp? on 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 17, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Edga B. Ba yley, , P. J. cc: -Kerek J. Cordier 4;?r Attorney for Plaintiff .eiane M. Dils Attorney for Defendant 4f66' q Oq ?a% y e, Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff Docket No. 2008-199 VS. Civil Action - Law Divorce HEIDI L. WILLIS Defendant AFFIDAVIT OF CONSENT 1- A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 10, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 6 4904 relating to unworn falsification to Ron Willis V- /2 I7 M Date i>li ;'; ? . ! ._ ? ? , _ , n_RY ?? ??~,? ??:? ,?, ,,. r ?. ? a _ ' i_. ? : ??. ., Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff vs. . Docket No. 2008-199 Civil Action - Law Divorce HEIDI L. WILLIS Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND 43301(d) 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 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: 1-2112 U Ron Willis, Plaintiff `?Ita i Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff vs. HEIDI L. WILLIS Defendant Docket No. 2008-199 Civil Action - Law Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 10, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4 4904 relating to unsworn falsification to authorities. Heidi Willis Date '-ft r~o y 2009 DEC 23 Fll 1: 4 Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff . Docket No. 2008-199 vs. HEIDI L. WILLIS Defendant Civil Action - Law Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) AND 43301(d) OF THE DIVORCE CODE 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 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: Z ?, Heidi Willis, Defendant 7ARY 7009 DEC 23 ; ?.1 1, 4 J CUM JG r`? t?i? r off, / MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this L7day of December, 2009, by and between Ron Willis, hereafter referred to as "Husband," and Heidi L. Willis, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the parties were married on December 28, 1999; WHEREAS, unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS, the parties wish to record, in this Agreement, an amicable adjustment, compromise and settlement of the following issues, which the parties hereto deem and desire to constitute an equitable distribution of the marital property: A. All of the rights of the parties in and to .financial and property rights as between themselves; B. All of the rights of either of the parties in and to property owned by the other or hereafter acquired by the other; C. All of the rights of either of the parties in and to the estate of the other; D. All claims of each party against the other for maintenance, spousal support, alimony pendente lite, equitable distribution of property, counsel fees, legal costs and expenses; E. Obligations of the parties regarding their respective and/or mutual debts owed to third parties; and F. Any other rights of the parties arising out of the parties' marriage. NOW THEREFORE, in consideration of the promises and of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the Z,Z:aGed L9SZ££Z.ol 1 woJA bb:4A araa?:)_T- parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: 1. LEGAL ADVICE. The parties acknowledge that each party has been advised of their right to private and independent counsel and had the opportunity to review this document with and receive legal advice from counsel of their selection. Husband has been represented by Derek J. Cordier, Esquire and Wife has been represented by Diane Dils, Esquire. Each party acknowledges that he or she fully understands their legal rights and obligations, the terms, conditions, and provisions of this Agreement and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 2. FULL DISCLOSURE. The parties have fully disclosed to each other and they are each aware of the extent of each other's income, assets and liabilities. Any further enumeration or statement thereof in this Agreement is hereby specifically waived and the parties do not wish to make or append hereto any further schedule or statement. 3. EFFECT OF DIVORCE DECREE. A. The parties acknowledge that an action in Divorce has been filed by Husband is presently pending before the Court of Common Pleas of Cumberland County. B. Wife and Husband hereby warrant and represent to the other that should either of them obtain a divorce decree, judgment, or order, in any state, county or jurisdiction, each of them will take all reasonable steps to incorporate and merge this Agreement as part of any such decree, judgment or order so as to be enforced as a separate contract and as an order of court. 2 C. The parties acknowledge that Affidavits of Consent and Waivers of Notice shall be signed upon the signing of this agreement. D. It is specifically understood and agreed by and between the parties hereto that this Agreement shall not become enforceable until such time as a final decree in divorce is entered and shall survive as a separate contract and as an order of court and that their Consents to Divorce and Waivers of Notice have been signed simultaneously with the signing of this Agreement. 4. PERSONAL RIGHTS. Wife and Husband may hereinafter live separate and apart as if unmarried. Each shall be free from any direct or indirect control, restraint, interference or authority, by the other in all respects as fully as if they were unmarried. Except as otherwise provided for in this Agreement, each may reside at such place or places and with such persons as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment at such locations which to they may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or their respective families, friends, colleagues, employers, or employees of each other or compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. The parties agree that they will only contact each other's employer for legitimate business purposes, including enforcement of the terms of this Settlement Agreement. The parties are free to mutually and voluntarily make any efforts at reconciliation as he, she, or they may deem advisable. 5. MUTUAL RELEASES. A. Except as may be otherwise specifically provided for in this Agreement, Husband and Wife each hereby forever release, remise, discharge, and quitclaim the other and the estate of the other, for all time to come and for all purposes whatsoever and forever release, remise, discharge and quitclaim the other 3 and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests, claims or in and to the real, personal, and/or mixed property of the other and all rights of curtsey or dower, or claims in the nature of curtsey or dower, or of widow's or widower's rights and all rights, titles, interests and claims which he or she now has or ever may have in and/or to the other's estate, whether now owned or hereafter acquired, at his or her death, and all rights, titles, interests and claims to take against the other's Will and/or under the intestate laws, or of family exemption or similar allowance or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania or (b) any state, commonwealth or territory of the United States, or (c) any other country, and each and every additional right, title interest, and claim or right to any accounting he or she has or ever may have in the other or as the Husband's wife or widow or as Wife's husband or widower, including any and all claims, demands, liabilities and obligations, whether arising out of the marital relationship by reason of the ownership or joint ownership of any real or personal property or by reason of any other matter or thing whatsoever, as well as each and every additional right, title, interest, and claim he or she has or ever may have against the other, his or her heirs, executors, administrators, and assigns, excepting only the obligations, rights and claims imposed or inuring to the benefit of either of the parties by reason of the terms of this Agreement. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. B. It is further specifically understood and agreed by and between the parties hereto that Wife and Husband accept the provisions made and set forth in this Agreement by Husband for Wife and/or Wife for Husband in lieu of and in full 4 settlement and satisfaction of any and all of Wife's rights against Husband and Husband's rights against Wife for any past, present and future claims on account of support and maintenance and that it is specifically understood and agreed that the payments, transfers, and other consideration herein recited so comprehend and discharge any and all such claims by Wife against Husband, and Husband against Wife, and are, inter alia, in full settlement and satisfaction in lieu of Husband's and Wife's past, present and future claims against each other on account of maintenance and support, alimony, and also claims for alimony pendente lite, equitable distribution of property, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceedings which have been or may be instituted by either party in any Court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any other counsel fees, costs and expenses incurred or to be charged by any counsel or arising in any manner whatsoever. 6. RELEASE OF TESTAMENTARY CLAIMS. A. Except as otherwise may be specifically provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal, or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Will and Testament or otherwise under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. B. Each of the parties further covenants and agrees that he or she will 5 permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife, died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as Executor or Executrix or Administrator or Administratrix of the other parry's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 7. DEBTS. All debts, contracts, obligations, or liabilities incurred at any time in the past or future by either of the parties will be paid promptly by the party incurring that debt, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and indemnify the other party from all debts or liabilities incurred by him or her, or assumed by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever relating to such actions, claims and demands, except as otherwise stated herein. The parties represent to each other that neither has incurred debts in the other party's name since the date of separation, other than those that may be specifically enumerated below. The parties agree that neither party will incur any debt or liability for which the other party, or his or her property or estate, may be held responsible. Each party shall and hereby does indemnify and hold the other party harmless from any 6 and all claims or demands made against him or her by reason of debts or obligations incurred since the date of separation. 8. DEBTS PRIOR TO SEPARATION. Other than the marital residence and time share, which are distributed below, there are no debts of the parties prior to separation. 9. EQUITABLE DISTRIBUTION - DIVISION OF PERSONAL PROPERTY. A) Upon the execution of this Agreement, Husband shall be provided his golf clubs, the lawn mower and other lawn equipment, the snow blower, and his mountain bike. Wife shall retain all of the other marital personal property, including but not limited to the household furnishings, electronics, etc. B) Wife shall retain any and all of her retirement accounts. Husband shall retain his retirement account; however Wife shall receive fifty percent (50%) of the value, as of the date of the signing of this Agreement, of Husbands retirement account, which shall be paid out at the time of the sale of the marital residence. (Husband shall provide proof of the current value within ten (10) days of any request to do so by Wife). C) Husband shall retain his 1998 forerunner and Wife shall retain her 2000 Dodge Caravan. Each of the parties shall sign over title to the other parties' vehicle within five (5) days of a request to so by either party. 10. EQUITABLE DISTRIBUTION - DIVISION OF REAL PROPERTY. A) Marital Residence: The parties acknowledge and agree that the marital residence located at 1514 Iverness Drive, Mechanicsburg, Pennsylvania 17050, the property is currently on the marked for sale. Both parties shall fully cooperate with the sale of the residence and follow the advice of the Real Estate agent, specifically in regards to the sales price. Among other remuneration as provided for in this Agreement, and upon sale of the residence, the net proceeds shall be divided equally, with Wife to receive twelve thousand ($12,000.00) dollars of Husband's 7 share of the equal division. Both parties agree to sign all documents necessary to complete the sale of the residence within five (5) days of any request to do so by the Real Estate agent. B) Time Share: The parties acknowledge and agree that the marital timeshare, located in Orlando, Florida shall be retained by Husband. The net equity in the timeshare shall be divided equally. Wife shall receive her portion of the net equity upon the sale of the marital residence. Both parties agree to sign all documents necessary to complete the transfer of the timeshare within five (5) days of any request to do so by either party. 11. ALIMONY, SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE. Upon the filing of the Praecipe to Transmit the Record in the divorce proceedings, the Spousal Support shall be converted to Alimony Pendente Lite (APL), then the APL and the mortgage contribution shall continue to be paid until the closing date of the sale of the residence. As of the closing date for the sale of the residence, Wife shall immediately terminate all of the APL and mortgage contributions. Thereafter, both parties hereby waive any and all rights to alimony, spousal support and alimony pendente lite. In the interim, between the date of the signing of this Agreement and the closing date for the sale of the residence, any changes in the amount of APL or mortgage contributions shall be determined by the Domestic Relations Section of Cumberland County. 12. COUNSEL FEES. Both parties acknowledge that they have been advised of their right to request costs and attorney's fees from the other party. Both parties understand that they are waiving and they both intend to waive their right to claim costs and counsel fees. The parties also understand that they will forever lose their right to request this relief once they sign this agreement. 13. US TAX - DEPENDENT CHILDREN. Husband and Wife agree that they shall alternate the years in which they would each claim Mason Willis as a 8 dependant, with Wife to claim Mason Willis beginning in 2009 for the 2008 tax year. 14. MEDICAL INSURANCE. Husband shall provide medical insurance for Wife, and both Mason Willis and Christianna Willis if available and allowable through his employment. 15. CHILD SUPPORT. Other than the U.S. Tax - Dependant Children clause found in paragraph sixteen (16), and the above medical insurance clause found in paragraph seventeen (17), all other Child Support issues shall be resolved through the Domestic Relations Section. 16. ENFORCEMENT OF AGREEMENT. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in a Court of 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 grounds that there is an adequate remedy at law. The parties do not intend or propose hereby to improperly confer jurisdiction on a court in Equity by their 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 the courts in equity over agreements such as this one. B. Anything to the contrary notwithstanding, either party may also proceed with an action at law for redress of any of their rights under the terms of this Agreement. In the event that, for any reason whatsoever, either party is obligated to proceed at law for redress of his or her rights under the terms of this Agreement, then it is specifically understood and agreed that the party shall, for and in specific consideration of the other provisions and covenants of this Agreement, waive any right to jury trial so as to expedite the hearing and dispose 9 of the case and so as to avoid delay. C. Upon the occurrence of a default or breach by either party of any of the terms or provisions of this Agreement, and in the event the other party retains counsel to assist in enforcing the terms hereof, the defaulting or breaching party hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, legal costs, legal expenses and other expenses that the other party may sustain or incur, in any way whatsoever, in consequence of any such default or breach. Further, in the event that either party breaches any provision of this Agreement, he or she shall be responsible for all costs incurred to enforce the terms hereof, including, but not limited, court costs and reasonable attorney fees of the other party. In the event of breach, the non-breaching party shall have the right at his or her election to sue for damages for such breach or to seek other additional remedies as may be available to him or her. 17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind or of any bankruptcy chapter while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation 10 hereunder is discharged or dischargeable. 18. WAIVER OR MODIFICATION. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. AGREEMENT BINDING ON HEIRS. The terms, provisions and conditions of this Agreement shall he binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 20. ACCEPTABLE LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 21. JURISDICTION. The parties acknowledge that a divorce action has been commenced in Cumberland County Pennsylvania, as indicated under paragraph 3(A). The parties agree that the Court of Common Pleas of Cumberland County Pennsylvania shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions hereof. 22. PRIOR AGREEMENTS. It is hereby understood and agreed that any and all Property Settlement Agreements which may have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. 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 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. 11 24. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that unless otherwise specified, each paragraph hereof shall be deemed to be a separate and independent covenant and agreement; and a breach by either party of any of the provisions of this Agreement shall not justify or excuse a breach or default by the other party of any provisions of this Agreement, and both parties shall nevertheless continue to be obligated for all payments, duties and obligation hereunder. 25. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 26. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligation herein. 27. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of these several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 28. ADDITIONAL INSTRUMENTS. Within five (5) days after demand therefore, each of the parties shall from time to time, execute, acknowledge and deliver to the other, any and all written instruments, assignments, releases, 12 satisfactions, deeds, or other writings that may reasonably be required to give full force and effect to the provisions of this Agreement. 29. JOINTLY DRAFTED. This document was drafted jointly by the parties and/or their respective attorneys. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and yaffi above written. Witness Ron Willis zti itn ss Heidi L. Willis 13 5 COUNTY OF CUMBERLAND : SS. On the 1-;U4, day of December, 2009, before me, the subscriber, a Notary Public in and for the purpose of signing this Marital Settlement Agreement, personally appeared by above-named Ron Willis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. 14 COMMONWEALTH OF PEN Notarial S" Dank J. Cordiar, Notary Publlo City of Haft", DoupMn County 1i0111n11a W a Fab.14, 201 i ,.?' I r COUNTY OF CUMBERLAND : SS. 04- On the 6V day of December, 2009, before me, the subscriber, a Notary Public in and for the purpose of signing this Marital Settlement Agreement, personally appeared by above-named Heidi L. Willis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. '? hm? b Nota Public My Commission xpires: &-Az? eolOla" COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Jennifer N. Grove, Notary Public Silver Spring Twp., G.Tnberland County My Commission E)Pir% Jan. 28, 2012 Member. Pennsylvania Association o? f` Notarise 15 TIE L4 (11t?`? ?i C3 1.2 W 4 RON WILLIS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION vs. HEIDI L. WILLIS : Defendant NO. 2008-199 CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: ( X ) Irretrievably breakdown under Section ( X ) 3301(c) Strike out inapplicable section) 2. Date and manner of service of the complaint: Attorney Acceptance of Service dated January 20, 2008. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, December 17, 2009; by Defendant, December 21, 2009 (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A t 4. Related claims pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; N/A (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Simultaneously herewith Date Defendant's Waiver of Notice in 3301(c) divorce was filed with the Prothonotary: Simultaneously herewith Respectfully submitted, BY: Diane M. Dils, ;squire 1400 N. Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: December 22, 2009 FILE. CR'Y' 2009 DEC 28 P N 4 :- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RON WILLIS V. HEIDI L. WILLIS NO 2008-199 DIVORCE DECREE AND NOW, ?ac,._.,lt- Zf , 24.01 , it is ordered and decreed that RON WILLIS B th C rt plaintiff, and HEIDI L. WILLIS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") It is further Ordered that the Property Settlement Agreement dated December 17, 2009, and attached hereto is incorporated herein by reference, but shall not merge herewith. y e ou , Atte t: J. Prothon ary ?? ?;? ? ??:?