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HomeMy WebLinkAbout08-2916 AMANDA R. EPLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 ALAN EPLER, Defendant 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. Your 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF 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 Court Administrator Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 KRISTOPHER T. SMULL, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax AMANDA R. EPLER, Plaintiff V. ALAN EPLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Amanda R Epler, who currently resides at 952 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Alan Epler, who currently resides at 13 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on the 8th day of August, 2004, in Hershey, Dauphin County, Pennsylvania. 5. Neither Party is a member of the Armed Forces of the United States or any of its allies. 6. The marriage is irretrievably broken. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. t 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. 9. There have been no minor children born of this marriage. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divorce Code. Respectfully submitted, ROBINSON & GERALDO Date: S 6? By: Kris er 11 E quire Attorney for Plaintiff VERIFICATION I, Amanda R. Epler, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5/,910Y `21 Amanda R. Epler W 7w IL M W Q 0 6 9 N c,a° ccti p ?i p-i . s Cry C O-b AMANDA R. EPLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2916 ALAN EPLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Alan Epler. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 5 13 g By: Attorneys for Defendant, Alan Epler Y.U. BOX 650 Hershey, PA 17033-0650 (717) 533-3280 (phone) (717) 298-2053 (fax) N PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this a 34 day of 5e-P4em6 e P- , 2008, by and between Amanda R. Epler of 952 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Cynthia Epler, as plenary guardian of Alan Epler, of 13 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to collectively as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on August 7, 2004, in Hershey, Dauphin County, Pennsylvania; and WHEREAS, no children have been born of this marriage; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, HUSBAND's mother, Cynthia Epler, has been appointed plenary guardian of the person and estate of HUSBAND by Order of Court dated August 14, 2008. A true and correct copy of said Order is attached hereto, made a part hereof and marked Exhibit "A." NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each parry shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the 2 other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County, Pennsylvania to Docket No. 2008-2916, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are 3 accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the 4 "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which 5 either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Kristopher T. Smull, Esquire, for WIFE and John J. Connelly, Jr., Esquire for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of 6 income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 7 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. DEBT OF THE PARTIES: WIFE hereby indemnifies HUSBAND against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided herein. Specifically, WIFE shall be responsible for the mortgage currently encumbering the marital home and held by HUSBAND's grandmother, Shirley I. Kahler, which shall be refinanced within sixty (60) days of the signing of this Agreement, as is more specifically set out below in paragraph 14. In addition, WIFE shall be solely responsible for her Bank of America Credit Card # **** **** **** 8594. With regard to HUSBAND's Bank of America Credit Card # **** **** **** 2883, WIFE has closed said credit card which currently has a zero (0) balance. WIFE agrees to be solely responsible for any additional liability that may arise with regard to said card. 8 WIFE shall not and will not hereafter incur, or cause to be incurred, for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. WIFE shall remove HUSBAND's name from any debts or credit cards which are currently held in joint names within thirty (30) days of the signing of this Agreement. HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur, or cause to be incurred, for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. HUSBAND shall remove WIFE's name from any debts which are currently held in joint names within thirty (30) days of the signing of this Agreement. 14. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 952 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of 9 title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to execute a deed conveying his interest to WIFE, said deed to be prepared by WIFE and held in escrow by HUSBAND's attorney and to be delivered to WIFE's attorney prior to the closing on WIFE's refinance of the mortgage currently encumbering the marital home. If not already done, WIFE shall remove HUSBAND's name from all utilities for the marital home after the receipt of the Deed transferring HUSBAND's interest therein. As set forth above in paragraph 13, WIFE shall refinance the mortgage on the marital home as soon as possible, but no later than sixty (60) days after the signing of this Agreement. WIFE acknowledges that she owes $73,300.00 on said mortgage and agrees to continue to make all monthly payment in a timely fashion, including the month in which the mortgage is refinanced. Upon the completion of said refinance, and after the expiration of the three (3) day right of rescission, WIFE shall pay to HUSBAND the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00). Said payment shall be made to WIFE's attorney and forwarded to HUSBAND's attorney. 15. CASH PAYMENT: WIFE shall, simultaneously with the signing of this Agreement, pay to HUSBAND the sum of SIX THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($6,500.00). 10 16. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. Further, HUSBAND and WIFE agree that their joint account through PSECU shall be closed as soon as possible. 17. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in pensions, 401(k), profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in pensions, 401(k), profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain her sole and exclusive property. HUSBAND and further agrees that he will not assert any such claim in the future. WIFE, by power of attorney, cashed Husband's Vanguard IRA. WIFE shall be responsible for one-half of all taxes penalties or other charges incurred as a result of her cashing in said account. HUSBAND will cause to have a tax return prepared without including said IRA in order establish a tax basis. HUSBAND will then have a return 11 prepared which shall include the IRA. WIFE shall be responsible for one-half of the difference between the two returns. WIFEE will contribute her share at the time of the filing of the return. 18. LIFE INSURANCE: HUSBAND and WIFE agree that any life insurance policies held by either party, whole or term, shall be and remain the sole and exclusive property of said party. HUSBAND and WIFE agree that they will not assert any claim to said policies in the future. Further, the parties shall be free to change the beneficiary designation of any said policy without the consent of the other. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2005 Honda Civic, presently titled in WIFE's names, shall remain the sole and exclusive property of WIFE; (b) The 2002 Mazda Protege, presently titled in joint names, shall become and remain the sole and exclusive property of HUSBAND. HUSBAND will take possession of the Mazda as soon as possible and title shall be transferred at that time; The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on or before the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 12 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 21. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 22. HEALTH INSURANCE - HUSBAND: WIFE shall have no responsibility to provide HUSBAND with health insurance after the entry of a final Decree in Divorce. WIFE will cooperate in any way necessary for HUSBAND to obtain COBRA coverage. 13 23. COUNSEL FEES: HUSBAND and WIFE hereby agree that they each shall be responsible for their own counsel fees. Each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 25. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. WIFE shall be solely responsible for any tax deficiency or assessment and any interest, penalty and expense incurred with regard to the parties' joint income tax returns for the tax years 2006 and 2007. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and 14 cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 27. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. HUSBAND has not been given any tax advice whatsoever by his attorney. Both parties hereby acknowledge that they have been advised to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 28. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. BREACH: If either party breaches any provision of this Agreement, 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, and the party 15 breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 30. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 31. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to 16 pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 33. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17 35. 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. 36. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 37. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 38. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 39. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 18 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the O,M.fz (SEAL) - 4 ? LVZA?- Amanda R. Ep er C thia Epler fo Alan Epler 19 date and year first above written. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) On this, the day of a , 2008, before me, a Notary Public, the undersigned of cer, personally appeared A k I Amanda R. Epler, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public COMMONVYMTH OF PENN81rLy?.r?e, Notarial S" Gloria J. Lebo, Nobly papyc Susquehanna Twp., Dauphin CoUrKy My cow iR2 Member, PenneyAva M NeleryiF COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF ?Ukf"? n_o? On this, the a day of 2008, before me, a Notary Public, the undersigned officer, personalappeared Cynthia Epler, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. T Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2009 Member, Pennsylvania Association of Notaries 20 ' AW-19-2" 10:51 JSDC P.03 IN RE: ALAN CHRISTOPHER EPLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 21-2008-0695 ORPHANS' COURT ORDER OF COURT AND NOW, this 4% day of August, 2008, following a hearing, and finding that Alan Christopher Epler is an incapacitated person in need of a plenary guardian of his person and plenary guardian of his estate, IT IS ORDERED: (1) Cynthia Epler, the mother of Alan Christopher Epler, is appointed plenary guardian of the person of Alan Christopher Epler and plenary guardian of the estate of Alan Christopher Epler. (2) No bond is required. (3) Cynthia Epler shall comply with the reporting requirements set forth in 20 Pa.C.S. Section 5521(c). By -- Edgar B. Bayley, J. Neil Warner Yarn, Esquire P.O. Box 650 Hershey, PA 17033 For Petitioner N 2 C7 F. w _- T ?C cn .i C') w to 0 .u -I I :sal A TRUE COPY FROM RECORD In Testimony wherol. I hereunto sec my hand and the seal of said court at Caf191e, PA All C rk of em wr?s Court a CoerlQl EXHIBIT AMANDA R. EPLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2916 Civil Term ALAN EPLER, Defendant : CIVIL ACTION- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on May 7, 2008, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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: 7?21)ox Cynthia Epler for Alan Epler r-a C-M -n Co -n LT1 ? a l,? AMANDA R. EPLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ALAN EPLER, Defendant NO. 08-2916 Civil Term : CIVIL ACTION- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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 unworn falsification to authorities. L Date: ?17710? Cyn hia Epler for Man Epler C :r C Co t,r MI ? rncT=' rr; im K= c? C= -n crs r1i C' C? AMANDA R. EPLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2916 Civil Term ALAN EPLER, Defendant : CIVIL ACTION- DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under the Divorce code was filed on May 7, 2008, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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 unworn falsification to authorities. Date: 2 Vo Amanda . Epler n rya '; AMANDA R. EPLER, V. ALAN EPLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2916 Civil Term : CIVIL ACTION- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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. 6L Date: Z 3 o y Amanda R. Epler C :3 ^? ? ? rr Z i ? rte,, tt3r 1 C._: co ? t ? or AMANDA R. EPLER, V. ALAN EPLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2916 Civil Term Defendant CIVIL ACTION- DIVORCE PRAECIPE TO ADD CYNTHIA EPLER AS GUARDIAN FOR ALAN EPLER TO THE PROTHONOTARY: Please add Cynthia Epler to the docket as guardian of the Defendant, Alan Epler, pursuant to Cumberland County Order of Court 21-2008-0695 ORPHANS' COURT dated August 14, 2008, designating Cynthia Epler as plenary guardian of Alan Epler. Respectfully submitted: ROB SON RALD Date: September 30, 2008 By: KRATO-PHOER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorney for Plaintiff ?:. "i:l zl O rn?? ?--t ^ , 1 T i ?-- i :r G`' C ??..t'::' ? " J?;; :'+ • ?' ??;: "*? . ?.? ? ?¢ ? ---- :S3 .?' ? ..G X G-19-2008 10 51 JSDC P. 03 IN RE: ALAN CHRISTOPHER EPLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 21-2008-0695 ORPHANS' COURT ORDER OF COURT AND NOW, this -14 day of August, 2008, following a hearing, and finding that Alan Christopher Epler is an incapacitated person in need of a plenary guardian of his person and plenary guardian of his estate, IT IS ORDERED: (1) Cynthia Epler, the mother of Alen Christopher Epler, is appointed plenary guardian of the person of Alan Christopher Epler and plenary guardian of the estate of Alan Christopher Epler. (2) No bond is required. (3) Cynthia Epler shall comply with the reporting requirements set forth in 20 Pa.C.S. Section 5521(c). By Edgar B. Bayley, J. Neil Warner Yahn, Esquire P.O. Box 650 Hershey, PA 97033 For Petitioner :sal A TRUE COPY FROM RECORD In Tas*mny wherof, I herwnb set my hand and the seal of said cloud at CN", PA Y 00i l Coo* at #MW ? cowl a Cwft 4 a C- l T r-n r : =6 tj a •• F AMANDA R. EPLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. NO. 08-2916 Civil Term ALAN EPLER, : Defendant CIVIL ACTION- DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce code. 2. Date and Manner of service of the Complaint: service accepted by John J. Connelly, Jr., attorney for Defendant, on or about May 13, 2007, and filed May 27, 2008. 3. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiff on September 23, 2008; and by Cynthia Epler as plenary guardian of Defendant, Alan Epler, on September 22, 2008. A true and correct copy of the Order of Court dated August 14, 2008, designating Cynthia Epler as plenary guardian of Alan Epler, is attached hereto, made a part hereof and marked Exhibit "A." 4. Related claims pending. The economic claims have been settled by Agreement dated September 23, 2008. t "'. 5. Date the Plaintiffs Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: Waiver of Notice being filed simultaneously herewith. 6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: Waiver of Notice being filed simultaneously herewith. Respectfully submitted: ROBINSON & ZERA Date: September 24, 2008 By: KRISER T. SMULL, ESQUIRE Attorney No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorney for Plaintiff AUG-19-2008 10=51 JSDC P.03 IN RE: ALAN CHRISTOPHER EPLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-2008-0695 ORPHANS' COURT ORDER OF COURT AND NOW, this day of August, 2008, following a hearing, and finding that Alan Christopher Epler is an incapacitated person in need of a plenary guardian of his person and plenary guardian of his estate, IT IS ORDERED: (1) Cynthia Epler, the mother of Alan Christopher Epler, is appointed plenary guardian of the person of Alan Christopher Epler and plenary guardian of the estate of Alan Christopher Epler. (2) No bond is required. (3) Cynthia Epler shall comply with the reporting requirements set forth in 20 Pa.C.S. Section 5521(c). Neil Warner Yahn, Esquire P.O. Box 650 Hershey, PA 17033 For Petitioner sal Edgar B. Bayley, J. A TAUV COPY FROM RECORD In Testimony wherof. I hereurdo set my hand and the seal Of s'am Court at cadisle, PA Mck of #* Court C" N '•: ? c7 p 91 A r°• :?7 . • • •'7 ?c7 ---q co ,Ln o •• EXHIBIT -A- eta Tl ? r C'l r,a C7. T} ", 17 ' ?a•'S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. AMANDA R. EPLER U Plaintiff VERSUS ALAN EPLER Defendant N 08-2916 DECREE IN DIVORCE AND NOW, 106S, IT IS ORDERED AND AMANDA R. EPLER DECREED THAT PLAINTIFF, ALAN EPLER AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; The terms of the parties' Property Settlement Agreement dated September 23, 2008, are hereby incorporated as if set forth at length but shall not merge in the final Divorce Decree. BY THE COU PROTHONOTARY ; oa, y PI