HomeMy WebLinkAbout08-3115
Divorce Complaint
Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100 • Fax: 717-975-0697 . Email: dianeradcliff @comcast.net
Attorney for Celia E. Lerner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
Plaintiff NO. b8 - 3 Civil l earn
v. CIVIL ACTION - LAW.
ROBERT F. LERNER, DIVORCE
Defendant
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 divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR
EXPENSES BEFORE THE FINAL DECREE OF 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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
V.
Plaintiff
ROBERT F. LERNER,
Defendant
CIVIL ACTION- LAW
DIVORCE
COMPLAINT
Plaintiff, Celia E. Lerner by attorney, Diane G. Radcliff, Esquire, and files this Complaint in
Divorce of which the following is a statement:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The Plaintiff is Celia E. Lerner, an adult individual residing at 432 Appletree Road, Camp
Hill, Cumberland County, PA 17011
The Defendant is Robert F. Lerner, an adult individual residing at 432 Appletree Road,
Camp Hill, Cumberland County, PA 17011.
Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six
(6) months previous to the filing of this Complaint.
Plaintiff and Defendant were married on October 24, 1992 at Bellefonte, Pennsylvania.
Plaintiff avers that there is one (1) child under the age of eighteen (18) years born of the
marriage, to wit: Julia P. Lerner, age 13, born on 3/11/1995.
There have been no prior actions of divorce or annulment between the parties.
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.
Defendant is not a member of the Armed Services of the United States or any of its Allies.
Plaintiff avers that the grounds on which the action is based is that the marriage is
irretrievably broken.
Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce,
divorcing the Plaintiff and Defendant.
Respectfully submitted,
D D LIFF, ESQUIRE
3 ad
Camp Hill, PA 1701 1
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff
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VERIFICATION
Celia E. Lerner verifies that the statements made in this Complaint are true and correct.
Celia E. Lerner understands that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
W, .
CELIA E. LERNER
Date: 6-9-08
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
V.
Plaintiff NO. 08-3115 CIVIL TRTM
: CIVIL ACTION - LAW
ROBERT F. LERNER, DIVORCE
Defendant
ACCEPTANCE OF SERVICE
I, Robert F. Lerner, the Defendant in the above captioned action, hereby accept service of
the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the
above captioned matter on May 16, 2008
Date: 2:2 - C) / I
ROBERT F. LERNER, befgndant
432 Appletree Road
Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
V.
Plaintiff : NO. 08-3115 CIVIL TERM
CIVIL ACTION - LAW
ROBERT F. LERNER, DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 16,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in 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. Section 4904
relating to unsworn falsification to authorities.
Dated:
RO ERT F. LERN
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
Plaintiff
V.
ROBERT F. LERNER,
Defendant
NO. 08-3115 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
1. 1 consent to the entry of a final decree in divorce without notice.
2. 1 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. 1 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 Waiver are true and correct. I understand
that false statements herein are made subject to the penalties 18 Pa.C.S. §4904 relating
to unsworn falsification to authorities.
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Dated
ROBERT F. LERNER
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER, :
Plaintiff NO. 08-3115 CIVIL TERM
V. CIVIL ACTION - LAW
ROBERT F. LERNER, DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed May 16,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in 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. Section 4904
relating to unsworn falsification to authorities.
Dated:
-"?
CELIA E. LERNE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
Plaintiff : NO. 08-3115 CIVIL TERM
V.
CIVIL ACTION - LAW
ROBERT F. LERNER, DIVORCE
Defendant
1. I consent to the entry of a final decree in divorce without notice.
2. 1 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. 1 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 Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. 84904 relating
to unsworn falsification to authorities.
Dated: ?{'? x-40 8 6-&- P, -
CELIA E. LERNER 07-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
Plaintiff
v.
ROBERT F. LERNER,
Defendant
NO. 08-3115 Civil Term
CIVIL ACTION - LAW
DIVORCE
MARITAL AGREEMENT
BETWEEN
ROBERT F. LERNER
AND
CELIA E. LERNER
TABLE OF CONTENTS
Recitals .......................................................................... 1
SECTION I
General Provisions ............................................................. 2
SECTION II
Distribution of Property and Debts ........................................... 7
SECTION III
Counsel Fees, Support, Alimony, Custody, etc ............................. 14
SECTION IV
Closing Provisions ................................................................ 16
NOTARY .......................................................................... 18
EXHIBIT "A"
Personal Property to be Transferred to Wife ............................... 19
MARITAL AGREEMENT
THIS AGREEMENT made this2?'day ofd, 2008, by and between CELIA E. LERNER,
("Wife") of 432 Appletree Road, Camp Hill, PA 17011, and ROBERT F. LERNER, ("Husband") of 432
Appletree Road, Camp Hill, PA 17011.
PREAMBLE AND RECITALS
WHEREAS, the parties hereto are husband and wife, having been married on October 24, 1992 in
Centre County, Pennsylvania.
WHEREAS, The parties are the parents of two (2) children: Guy R. Lerner, born 11/5/1986
(emancipated) ; and Julia P. Lerner, born 3/11 /1995 (a minor), (the "Children").
WHEREAS, Husband was born on 5/4/1956, and is employed by Rite Aid as a Construction Manager,
from which he earns approximately $85,000 per year.
WHEREAS, Wife was born on 3/22/1962, and is employed by LCL Management as a property
manager from which she earns approximately $45,000 per year.
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Husband and Wife to live separate and apart for the rest of their
natural lives, 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; the 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.
NOW, THEREFORE, in consideration of the premises and 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, Wife and Husband, each intending to be
legally bound hereby, covenant and agree as follows:
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SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement
are incorporated herein and made a part hereof as if fully set forth in the body of the
Agreement.
1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and
that they will secure a mutual consent no-fault Divorce Decree in the above captioned
divorce action. Upon the execution of this Agreement, or as soon as possible under the
terms of said Divorce Code if said documents can not be signed upon the execution of this
Agreement, the parties shall execute and deliver to Wife's attorney their respective
Affidavits of Consent and Waivers of Notice. Within Ten (10) business days of receipt of
those signed Affidavits and Waivers, Diane G. Radcliff, Esquire will file all the remaining
documents necessary to secure the entry of the Divorce Decree.
1.03. EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. The terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them. This Agreement shall not, however, merge with the Divorce Decree, but
rather, it shall continue to have independent contractual significance and each party shall
maintain their contractual remedies as well as Court remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute. 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.
1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be
defined as the date of execution by the party last executing this Agreement. The transfer
of property, funds and/or documents provided for herein shall take place on the
"distribution date" which shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
1.05. VOLUNTARY EXECUTION. The parties have jointly hired Diane G. Radcliff, Esquire to
prepare this Agreement the terms of which were negotiated directly between the parties,
and to conclude the divorce on a consent no fault basis, without advice to either of them
as to the advisability of any provision of this agreement. The provisions of this Agreement
and their legal effect have been fully explained to the parties by Diane G. Radcliff, Esquire,
who has acted in the capacity of scrivener of this Marital Agreement. The parties further
acknowledge that it was necessary for the divorce action to be filed on behalf of only one
of the parties and that they jointly chose Wife as this party, and directly and hired the said,
Diane G. Radcliff, Esquire to complete that filing for them jointly. The parties therefore
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release the said Diane G. Radcliff, Esquire from any and all claims arising our of hr
representation and actions regarding this agreement and the aforesaid divorce action.
Should a dispute arise between the parties during the course of the divorce or arising out
of the divorce or this Agreement, the said Diane G. Radcliff, Esquire will withdraw her
appearance and shall not represent wither party regarding any such dispute, it being
acknowledged that she is a neutral third party who 8is preparing agreements and pleadings
for both parties to carry forth their joint agreement and intentions and directions.
The parties acknowledge that they this Agreement has been entered into of his or her own
volition, with full knowledge of the facts and full disclosure of their separate and joint
estates, and that each believes this Agreement to be reasonable under the circumstances.
Further, the parties each acknowledge that her or she has been advised of her right to be
advised by an attorney of his/her own choosing prior to entering into this Agreement and
that he/she voluntarily has decided not to retain such counsel, and further acknowledges
that he/she is aware of his/her legal rights and obligations governed by this Agreement.
1.06. FINANCIAL DISCLOSURE. The parties acknowledges that each has had the opportunity to
conduct discovery and investigation as to the incomes of the parties, the parties' marital
assets and debts and their respective separate assets, debts and monthly expenses. The
parties further acknowledge that there has been a full and fair disclosure of the identity and
value of the parties' marital assets and debt, their separate estates and their respective
incomes. The parties hereby waive any further discovery and/or disclosure of the parties'
marital assets and debt, their respective separate estates and incomes and expenses,
except for such disclosure that may be necessary as a result of a breach of this Marital
Agreement.
1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or
she has the right: (1) to obtain from the other party a complete inventory or list of all of
the property that either or both parties own at this time or owned as of the date of
separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to
compulsory discovery to assist in the discovery and verification of facts relevant to their
respective rights and obligations, including the right to question the other party under oath;
and (4) to have a Court hold hearings and make decisions on the matters covered by this
Agreement, which Court decision concerning the parties' respective rights and obligations
might be different from the provisions of this Agreement. Given said understanding and
acknowledgment, both parties hereby waive the foregoing procedural rights.
1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be
dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains
a discharge of any obligations assumed hereunder, the other party shall have the right to
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declare this Agreement to be null and void and to terminate this Agreement in which event
the division of the parties' marital assets and all other rights determined by this Agreement
shall be subject to Court determination the same as if this Agreement had never been
executed by the parties.
1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband
and Wife each do hereby mutually remise, release, quitclaim and forever discharge the
other and the estate of such other, for all time to come, and for all purposes whatsoever,
of and from the following:
A. Claims Against Property or Estate. Any and all right, title, interest and/or claims
in or against the other party, 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 situate, which he or she now has or at any time hereafter
may have against such other party, the estate of such other party or the property of
the other party or any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other.
B. Life Time Conveyances. The right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (1) the Commonwealth of
Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any
other country;
C. Marital Rights. Any rights which either party may have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, equitable distribution, costs or expenses, whether arising as a result
of the marital relation or otherwise.
D. Breach Exception. The foregoing shall not apply to 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 the intention of Husband and Wife to
give to 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 provisions thereof.
1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if
the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a
reconciliation. This Agreement shall continue in full force and effect and there shall be no
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modification or waiver of any of the terms hereof unless the parties, in writing, signed by
both parties, execute a statement declaring this Agreement or any term of this Agreement
to be null and void.
1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations
owed to or for the benefit of the other party and/or otherwise breaches the terms of this
Agreement, then the other party shall have the following rights and remedies:
A. Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the
Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and
remedies that may hereafter be enacted by virtue of the amendment of said statute
or replacement thereof by any other similar laws.
B. Damages. The right to damages arising out of breach of the terms of this
Agreement,
C. Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's
fees and costs incurred as the result of the breach and in enforcing rights and
obligations under this agreement.
D. Other Remedies. Any other remedies provided for in law or in equity.
E. Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys
fees" as used in this paragraph shall be based on consideration of (1) the hourly rate
charged; (2) the services rendered; and (3) the necessity of the services rendered.
Determination of reasonableness shall not take into consideration the amount or
nature of the obligation sought to be enforced or any possibility of settlement for
less than the obligation sought to be enforced by the non-breaching party.
F. Breach Notice. In the event of an alleged breach of any term of this Agreement, the
aggrieved party shall provide written notice to the breaching party and his or her
counsel of his or her intent to take action to enforce his or her rights under the
Agreement and to remedy such breach. The breaching party shall have a period of
fifteen (15) days from the mailing of such notice to cure the alleged breach prior to
the institution of any proceedings of any nature for enforcement of this Agreement.
1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the
following shall apply:
A. Prior Returns. The parties have heretofore filed joint federal and state returns.
Both parties agree that in the event any deficiency in federal, state or local income
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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 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 failure to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
B. Current Returns. The parties intend on filing individual tax returns for the current
tax year and for every tax year hereafter.
C. Preservation of Records. Each party will keep and preserve for a period of three (3)
years from the date of their divorce all financial records relating to the marital
estate, and each party will allow the other party access to those records as may be
reasonably necessary from time to time.
D. No Tax on Property Division. Except as specifically set forth in this Agreement, the
division of marital property herein provided is not intended to constitute in any way
a sale or exchange of assets. It is understood that the property transfers described
herein fall within the provisions of Section 1041 of the Internal Revenue Code, and
as such will not result in the recognition of any gain or loss upon the transfer to the
transferee. Each party promises not to take any position with respect to the
adjusted basis of the property assigned to him or her or with respect to any other
issue which is inconsistent with the terms of this Paragraph on his or her applicable
federal or state income tax returns.
E. Dependency Exemption(s). So long as Wife is the primary custodian of the Child,
Julia P. Lerner, Wife shall be entitled to claim the deduction for the dependency
exemption for the Child on her applicable tax returns under Section 152(e) of the
Internal Revenue Code of 1954, as amended. Husband agrees that he will sign
Internal Revenue Form 8332, or any other declaration, required to implement this
agreement and to provide such form or declaration to Wife within ten (10) days of
a request to sign such form or declaration.
1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof 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.
1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter,
and within five (5) business days of request , take any and all steps and execute,
acknowledge and deliver to the other party, any and all further instruments and/or
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documents that the other party may reasonably require for the purpose of giving full force
and effect to the provisions of this Agreement.
1.15. 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.
1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
SECTION II
DISTRIBUTION OF PROPERTY AND DEBTS
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all
property and debts set forth in this Agreement is equitable and in the event an action in
divorce has been or is hereafter commenced, both parties waive and relinquish the right to
divide and distribute their assets and debts in any manner not consistent with the terms set
forth herein and further waive and relinquish the right to have the Court equitably divide
and distribute their marital assets and debts. It is further the intent, understanding and
agreement of the parties that this Agreement is a full, final, complete and equitable
property division.
2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all property, tangible or intangible, real,
personal or mixed, acquired by him or her, since the date of the parties' marital separation,
with full power in him or her to dispose of the same as fully and effectively, in all respects
and for all purposes, as though he or she were unmarried and each party hereby waives,
releases, renounces and forever abandons any right, title, interest and claim in and to said
after acquired property of the other party pursuant to the terms of this Paragraph.
2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and
forever abandon any right, title, interest and claim, if any, either party may have in and to
any inheritance of any kind or nature whatsoever previously, or in the future, received by
the other party.
2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts
shall be divided and distributed as follows:
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A. Real Estate. The jointly owned real estate known and numbered as 432 Appletree
Road, Camp Hill, PA 17011, having a value of $170,000 to $180,000 +/-, ("the Real
Estate"), and encumbered with a mortgage owed to Citi Mortgage C $125,000 +/-
and a Commerce Bank Home Equity Loan Mortgage C $25,000 +/-, ("the Mortgages"),
shall be divided and distributed in accordance with the following:
1. Conveyance. Husband shall prepare and Wife shall execute and deliver all
documents in the usual form conveying, transferring and granting to Husband
all of Wife's right, title and interest in and to the Real Estate. The deed of
conveyance therefor shall be executed by Wife upon Wife's signing of this
Agreement and held in escrow by Diane G. Radcliff, pending the
refinance/ assumption of the Mortgage or sale set forth below, at which time
the deed shall be delivered to Husband to record.
2. Liens, Encumbrances and Expenses. The said conveyance shall be subject
to all liens and encumbrances covenants and restrictions of record including,
but not limited to, the lien of the Mortgages, real estate taxes and any other
municipal liens. Husband shall hereinafter be solely responsible for the
payment of the Mortgages, real estate taxes, other municipal liens and any
and all other expenses associated with the Real Estate, whether incurred in
the past, present or future, and shall indemnify, protect and save Wife
harmless therefrom.
3. Tax Deductions. Husband shall be entitled to claim all income tax return
itemized deductions, if any, arising out of the ownership of the Real Estate
and payment of the Mortgages including, but not limited to the mortgage
interest and real estate taxes.
4. Refinance/Assumption. Husband shall apply for refinancing/ assumption of the
Mortgage within one year of the date of this Marital Agreement and shall
complete that refinance/ assumption within sixty (60) days of that 1 year
anniversary date so as to release Wife from further liability thereunder. The
costs of refinancing/ assumption shall be paid by Husband.
5. Failure to Pay. If Husband fails to pay the Mortgages and casualty and liability
insurance in a timely manner and becomes more than sixty (60) days past due
in payment, or if Husband allows other liens to attach to the real estate which
could adversely affect Wife's credit, then the Real Estate shall be sold and the
proceeds divided in accordance with the provisions of paragraph 5 below.
Proof of payment shall be provided to Wife upon request.
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6. Sale. In the event Husband has not obtained the refinancing/ assumption
within the time period aforesaid, or if Husband fails to comply with the
requirements of subparagraph 4 above, the parties shall list the Real Estate
for sale with a qualified real estate broker and shall market and sell the Real
Estate. In such event the parties shall follow and abide by all reasonable
advice offered by their broker as to the listing price and terms and any offers
or counteroffers to purchase the Real Estate. Upon said sale all proceeds will
be paid to Husband as Husband's sole and separate property.
B. Vehicle( )and Vehicle Loan(s). The parties' vehicles, boats, snowmobiles,
motorcycles, trailers, campers and the like owned by one or both of the parties, or
the trade in value thereof if the Vehicles have been sold or traded in prior to the
date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided
and distributed as follows:
1. To Wife. 2004 Jeep Liberty in Husband's sole name under the subject to the
following:
(a) Loan Payment. The Sovereign Bank, Account # 6817469236, which is
a lien against the title to the Vehicle, shall be paid in by Husband in
monthly installments @ $371.58 until paid in full.
(b) Title Transfer. When the Sovereign Bank loan is paid in full, title to
the Vehicle shall be transferred to Wife.
(c) Insurance. As long as the Vehicle remains titled in Husband's name
Husband shall be responsible for the payment of the insurance on the
Vehicle, with the same or substantially similar coverage and limits.
Husband's insurance policy must list Wife as a loss payee as her
interest may appear and must contain a provision notifying Wife in the
event of Husband's default in payment and 10 days prior to any
termination of the policy and lapse of coverage.
(d) Registration. Since the Vehicle is in Husband's sole name, the
registration will have to be signed by Husband , in which event Wife
shell pay Husband the cost of that registration prior to the registration
card being signed and mailed to PennDot by Husband.
(e) Driving. Wife shall not be entitled to drive and use the Vehicle unless
and until it is properly registered and inspected.
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(f) Maintenance. Wife shall be responsible for any and all maintenance
and repairs for the Vehicle once she vacates the marital home Real
Estate.
2. To Husband. The 1998 Dodge Caravan titled in husband's sole name and
unencumbered.
C. Investments. The parties shares of stock, brokerage accounts and other investments
(the "Investments") shall be divided and distributed as follows:
1. To Wife. There are no investments in which Wife has an interest that are
subject to division and distribution between the parties.
2. To Husband. There are no investments in which Husband has an interest that
are subject to division and distribution between the parties.
D. Accounts. The parties' bank accounts, certificates of deposit, and other monetary
deposits, ("the Accounts") shall be divided and distributed as follows:
1. To Wife. Wife's individual account with Commerce Bank.
2. To Husband. Husband's individual account with Integrity Bank.
3. Split Account. The joint Commerce Account #8332-7 shall be closed once all
checks have cleared and the balance remaining at that time, if any shall be
equally divided between the parties.
E. Life Insurance. The parties' life insurance policy and the cash value thereof shall be
divided and distributed as follows:
1. To Wife. There are no life insurance policies having cash value in which Wife
has an interest that are subject to division and distribution between the
parties.
2. To Husband. The Prudential life insurance policy (See Retirement Section -
Subparagraph F. below).
F. Retirement Plans. The parties' Pension Plan, Retirement Plan, IRA Account, Profit
Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any
employee benefit plan and/or any other retirement type plans (the "Retirement
Plans") shall be divided and distributed as follows:
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I. To Wife. None. There are no retirement plans in which Wife has an interest
that are subject to division and distribution between the parties.
2. To Husband. Husband's Rite Aid 401K Plan @ $2,500 +/-; and Husband's
Prudential life insurance policy with IRA C $23,000 +/-.
3. Waiver. Any interest that either party may have, or may heretofore have had
in or as the result of the Retirement Plans of the other party, including rights
or contingent rights in and to unvested retirement benefits and/or by virtue
of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby
extinguished, except as specifically herein provided, and the parties shall hold
his or her Retirement Plans free and clear from any right or interest which the
other party now has or may heretofore have had therein or thereto.
G. Personal Property. The parties' tangible personal property including, but without
limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, tools, pictures, books, works of art
and other personal property ("the Personal Property") shall be divided and
distributed as follows:
1. To Wife. All items of personal property in the possession of Wife and not in
the marital home and the items of personal property in the marital home set
forth on the list attached hereto as Exhibit "A", and made a part hereof.
2. To Husband. All items of personal property in the possession of Husband, not
otherwise distributed to Wife herein.
H. Debts. The parties' marital debts, loans, credit cards and other obligations, not
otherwise divided and distributed herein, shall be divided and distributed as follows:
1. To Wife. Wife shall be solely liable for and shall timely pay the following
debts:
(a) Any credit cards, loans, debts and liabilities incurred in Wife's
individual name.
2. To Husband. Husband shall be solely liable for and shall timely pay the
following debts:
(a) Citi Mortgage as referenced in subparagraph A. above;
-11-
(b) Commerce Bank home equity loan as referenced in subparagraph A.
above;
(c) Jeep Liberty Sovereign Bank loan as referenced in subparagraph B.
above;
(d) Appleby Window Systems debt for the new windows installed in or on
the Real Estate;
(e) Mount Calvary Pledge for 2008 in the amount of $45 per week for the
remainder of the year.
(f) Any credit cards, loans, debts and liabilities incurred in Husband's
individual name.
1. Pets. Wife will remove all family pets from the marital residence at 432 Appletree
Road by July 1, 2008. This includes the family dog, Hershey. When the child, Julia P.
Lerner, spends weekends with Husband, Hershey can go as well if this is convenient.
2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall
apply to the distribution of the parties' marital assets and debts:
A. As Is Condition. Except as otherwise specifically herein provided, and with respect
to the transfer of any tangible assets provided for in this Marital Agreement, the
parties acknowledge that he or she have had the opportunity to inspect and view the
assets that he or she is to receive as his or her sole and separate property and he or
she is fully aware of the condition of such tangible asset and is receiving those assets
in "as is" physical condition, without warranty or representation by or from the other
party.
B. Title Transfer. If appropriate, for effectuating the transfers as herein provided,
those titles shall be executed and delivered to the appropriate party on the date of
this Agreement, unless another date is provided herein. For purposes of this
Paragraph the term "title" shall be deemed to include a "power of attorney" if the
title is unavailable due to financing arrangements or otherwise.
C. Personalty Transfer. if either party is entitled to any items of personal property in
the possession of the other party as of the date of this Agreement, the parties shall
promptly make arrangements so as to permit that party to remove the items of
property from the other party's possession no later than thirty (30) days from the
-12-
date of this Agreement.
D. Waiver. Each of the parties specifically waives, releases, renounces and forever
abandons whatever right, title and interest they may have in any property that is to
become the sole and separate property of the other party pursuant to the terms of
this Agreement.
E. Liens. In the event any asset is subject to a lien or encumbrance, the party receiving
the asset as his or her separate property shall take it subject to said lien and/or
encumbrance and shall be solely responsible and liable therefor, unless otherwise
specifically herein provided.
F. Debt Balances and Prior Payments. Any debt herein described shall be deemed to
include the current balance owed on the debt. Unless otherwise herein specifically
provided, there shall be no adjustment in the distribution provisions for the payment
of any portion of the marital debts prior to the execution of this Marital Agreement,
whether or not that debt or the prior payment thereof is specifically referenced in
this Paragraph, said payment having been taken into consideration in determining the
distribution of marital assets and debts herein provided.
G. Indemnification. Any party assuming an obligation pursuant to the terms of this
Agreement shall indemnify, protect and hold the other party harmless from and
against all any and all liability thereunder, including, but not limited to, any
attorney's fees and costs incurred by the other party as the result of defending
against the obligation and/or enforcing the provisions of this indemnification.
H. After Acquired Debts. Each of the parties represents and warrants to the other that
since the parties' marital separation he or he has not contracted nor incurred any
debt or liability for which the other or his or her estate might be responsible. From
the date of this Agreement, each party shall only use those credit accounts or incur
such further obligations for which that party is individually and solely liable.
I. Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party
can make any further charges thereunder, and if said charges are made in violation
of this Agreement, then the party incurring said charge shall immediately repay the
same. Further, the parties shall cooperate in closing any remaining accounts which
provide for joint liability.
J. Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the
sole responsibility of the party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it as it becomes due and
-13-
payable.
SECTION III
COUNSEL FEES. SPOUSAL SUPPORT.
APL, ALIMONY. CHILD SUPPORT AND TAX PROVISIONS
3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right
and/or claim each may have, both now and in the future, against the other for counsel
fees, costs and expenses.
3.02. ALIMONY, APL. AND SUPPORT. The parties hereto agree and do hereby waive any right
and/or claim they may have, both now and in the future, against the other for alimony,
alimony pendente lite, spousal support and maintenance.
3.03. LEGAL CUSTODY. The Parties shall have shared legal custody of the child, Julia P. Lerner,
defined in 23 Pa.C.S.A. S 5302 as the legal right to make major decisions affecting the best
interest of a minor child, including, but not limited to, medical, religious and educational
decisions. Pursuant to the terms of 23 PA. C.S.A. 55309, each party shall be entitled to all
records and information pertaining to the Child including, but not limited to, medical,
dental, religious or school records, the residence address of the Child and of the other
party. To the extent one party has possession of any such records or information, that
party shall be required to share the same, or copies thereof, with the other party or shall
provide that other party with information that would enable the other party to reasonably
obtain the same directly from the source, within such reasonable time as to make the
records and information of reasonable use to the other Parent.
3.04. PHYSICAL CUSTODY. The parties shall share physical custody of the Child, Julia P. Lerner.
Husband shall maintain a Camp Hill Borough residence until the Child graduates from Camp
Hill High School unless he is transferred to another location by his employer, not at his own
request, or is forced to relocated due to loss of employment or other circumstances beyond
his control.
Wife shall reside within a 40 mile radius of Camp Hill, PA until Julia P. Lerner graduates
from high school
3.05 CHILD SUPPORT. Husband shall pay to Wife child support for the support of the child, Julia
P. Lerner, under the following terms and conditions:
-14-
A. Amount. The child support shall be $400 per month.
B. Payment Terms and Commencement Date. The child support shall be payable in
month installments of $400.00 each, payable on the V t day of each month,
commencing on the 1" day of the month following the date Wife vacates the marital
home.
C. Adjustment. The amount of child support shall be adjusted annually on July 15C by
five (5%) percent of the amount for the preceding year.
D. Termination . The obligation to pay child support shall terminate upon the later of
Julia P. Lerner reaching age 18 or graduating from high school.
E. Additional Expenses. Husband will be generous with contributions towards
additional expenses incurred for the child, Julia P. Lerner.
F. Payment Method. The child support shall be paid directly to Wife.
G. Modification. The child support provisions set forth in this paragraph are based on
the current financial, custody and other circumstances of the parties and shall be
subject to modification based on a substantial change in those circumstances.
3.06. HEALTH INSURANCE. The following shall apply regarding health insurance:
A. Health Insurance for Spouse. Husband currently carries health, dental and vision
insurance coverage and Rite Aid Discount Plan on Wife and shall continue to provide
that insurance coverage and Discount Plan on and for the benefit of Wife until the
date Wife is no longer eligible to be covered by that policy, which is anticipated will
be the date the divorce decree is entered between the parties. Wife shall be
entitled to elect Cobra coverage under Husband's employment policy in accordance
with federal rules and regulations provided that Wife shall be solely responsible for
the payment of the costs and premiums therefor.
B. Health Insurance for Children. Husband currently provides health, dental and vision
insurance coverage on the children and shall continue to provide that insurance
coverage on each of the children as long as each child remains eligible therefor and
that coverage is available to Husband through employment at a reasonable cost.
C. Health Insurance Documentation. Any party having the insurance coverage on the
other party or the children pursuant to the terms of this Paragraph shall be required
to provide the other party with all documentation pertaining to the insurance
-15-
including, but not limited to, medical insurance cards, benefit booklets, claim
submission forms and all statements pertaining to the determination of insurance
coverage as to each claim made thereunder.
D. Modification. The health insurance provisions set forth in this paragraph are based
on the current financial circumstances of the parties and shall be subject to
modification based on a substantial change in those circumstances.
3.07. MEDICAL EXPENSES. The following shall apply to the medical expenses for the children that
are not covered by insurance:
A. Sharing of Expenses. Husband shall be solely responsible for the medical, dental
and optical expenses not covered by insurance for the Children during minority and
shall pay 1009 of any such expenses as they are incurred. For purposes of this
paragraph, the term "medical expenses" shall include annual unreimbursed medical
expenses including insurance co-payments and deductibles and all expenses incurred
for reasonably necessary medical services and supplies, including, but not limited to,
surgical, dental and optical services, orthodontia, chiropractic, psychiatric,
psychological or other services
B. Insurance Coverage. If such expense is covered in whole or in part by insurance
then the amount of payment owed by each party shall be determined after the
insurance payment is made. In the event payment is due before the application of
the insurance coverage, then the payment shall be made by Husband when the
expense is incurred, or if paid by Wife, then reimbursed to Wife by Husband. In
either event when the insurance payment is received it shall be paid to Husband.
C. Modification. The medical, dental and optical expense provisions set forth in this
paragraph are based on the current financial circumstances of the parties and shall
be subject to modification based on a substantial change in those circumstances.
SECTION IV
CLOSING PROVISIONS AND EXECUTION
4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same agreement.
4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and
understood the entire agreement, and each party acknowledges that the provisions of this
agreement shall be as binding upon the parties as if they were ordered by the Court after
-16-
a full hearing.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed
sealed and acknowledged this Agreement the day and year below written, which Agreement has
been executed in various counterparts, each of which shall constitute an original.
WITNESS:
A (SEAL)
ROBERT F. LERNER
Date:
&Ul M?-?Z b'; e Z6?? (SEAL)
CELIA E. LERN R
Date:
-17-
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On this the day of , 2008, before me the undersigned officer,
personally appeared, ROBERT F. LE ER, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUBLIC
My Commission Expires:
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COMMONWEALTH OF PENNSYLVANIA Assod aonofNwsites
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COUNTY OF CUMBERLAND
On this the o` day of , 2008, before me the undersigned officer,
personally appeared, CELIA E. LE ER, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
NOTARY PUBLIC
My Commission Expires:
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-18-
EXHIBIT "A"
PERSONAL PROPERTY TO BE RECEIVED BY WIFE FROM MARITAL HOME
These are the items Celia intends to or would like to remove from the home at 432 Appletree
Road. Incidental items such as lamps, pillows, wall decor, books, CDs and DVDs, etc., personal
items and items of little or no monetary value are not named.
GUEST ROOM:
Double bed
Dressing table
Bedside table
Runner rug
MASTER BEDROOM:
Cedar chest
My dresser
JULIA'S OLD BEDROOM:
Dresser
ATTIC:
Holiday decorations to be equitably divided
LIVING ROOM:
DVD player - agreed to leave at residence
TV if Robert is agreeable to getting a new one for himself. Robert may opt for providing
new TV for Celia.
Wicker chair
Coffee Table
End Table (Queen Anne)
Piano
-19-
Rocking Chair
Asking for Armoire (piece of furniture with the trolls on it)
DINING ROOM:
Bench
My items in the china closet
KITCHEN:
Will be taking most of the kitchenware. Robert will need to replace. Robert keeps bread
box and microwave oven
PET ROOM:
Small desk
Will take one of the wooden tables if ok - prefer the sturdier oak one
Scratching post that used to be a couch
STUDY:
Large filing cabinet
JULIA'S ROOM:
Depends on what she wants to do
BASEMENT:
Metal shelf next to washing machine
White table - may leave this behind if a suitable replacement can be found
GARAGE:
Most/all camping gear with the exception of the Coleman stove unless Robert is wiling for
that to go. Celia will not take the gas lanterns or the new tent purchased last year from
Cabelas. Robert will keep sleeping bag, Cabela's tent, lanterns and camp stove. Celia can
have all other camping items.
Two of the metal shelving units. Robert would like to keep one unit (the shorter shelving
unit)
-20-
GARAGE ATTIC:
All Halloween decorations
Julia's rocking horse and child's rocking chair
Robert to keep Cabela's luggage
FAMILY PHOTOS/HOME VIDEOS
Robert would like an even share of these items.
-21-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CELIA E. LERNER,
Plaintiff
: NO. 08-3115 CIVIL TERM
V.
ROBERT F. LERNER,
Defendant
: CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of Filing of Complaint: 5/16/2008
b. Manner of Service of Complaint: Defendant Acceptance of Service
C. Date of Service of Complaint: 5/21/2008
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE
DIVORCE CODE:
a. Plaintiff: 9/2/2008
b. Defendant: 8/30/2008
4. RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement
dated June 2, 2008, which Agreement is to be incorporated into but not merged with the
Divorce Decree.
5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE
PROTHONOTARY:
a. Plaintiff's Waiver: 9/4/2008
b. Defendant's Waiver: 9/4/2008
?9??IDCLIFF, ESQUIRE
le Road \
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
?ry J
.Ca
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CELIA E. LERNER,
Plaintiff
VERSUS
ROBERT F. LERNER,
Defendant
N O. 08-3115 CIVIL TERM
DECREE IN
DIVORCE
AND NOW, J 2008 , IT IS ORDERED AND
DECREED THAT CELIA E. LERNER
AND
, PLAINTIFF,
ROBERT F. LERNER ,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
No issues are outstanding. All issues have been resolved and settled by
the Parties' Marital Agreement dated June 2, 2008, filed of record and
incorporated into, but not merged with, this Decree.
BY THE COURT:
ATTEST: J.
a
PROTHONOTARY
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