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HomeMy WebLinkAbout08-3564Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Dawn M. Walterhouse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. WALTERHOUSE, ) etu; Plaintiff NO. o8 - Say L ? V. ) CHRISTOPHER F. WALTERHOUSE, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. WALTERHOUSE, ) Plaintiff ) NO. d S'- 3SG Y',l T V. ) CHRISTOPHER F. WALTERHOUSE, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT FOR DIVORCE AND NOW, comes Plaintiff, Dawn M. Walterhouse, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Complaint for Divorce and in support thereof avers as follows: 1. Plaintiff is Dawn M. Walterhouse, an adult individual who currently resides at 8 James Circle, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Christopher F. Walterhouse, an adult individual who currently resides at 91 Manor Drive, Hagerstown, Maryland 21742. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on July 4, 1996 in Cascade, Maryland. 5. During marriage, Plaintiff and Defendant resided together at 8 James Circle, Shippensburg, Cumberland County, Pennsylvania 17257. 6. Neither Plaintiff nor Defendant is presently in the military or naval service of the United States or its allies within the provisions of the Servicemembers' Civil Relief Act. 7. There are presently no pending actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. Plaintiff previously filed a Complaint for Divorce in Cumberland County in 2006, which Complaint was subsequently withdrawn. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in counseling. COUNT I DIVORCE PURSUANT TO §3301(c) OR (d) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. The marriage of the parties is irretrievably broken. 12. The parties separated on or about August 1, 2007. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree of Divorce pursuant to §3301 of the Divorce Code COUNT II DIVORCE PURSUANT TO §3301(a)(6) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 15. This action is not collusive. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree of Divorce pursuant to §3301(a)(6) of the Divorce Code. 2 COUNT III DIVORCE PURSUANT TO §3301(a)(2) OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. Plaintiff avers entitlement to a divorce on the grounds that Defendant has committed adultery in violation of his marriage vows and in violation of §3301(a)(2) of the Divorce Code. 18. This action is not collusive. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree of Divorce pursuant to §3301(a)(2) of the Divorce Code. COUNT IV - EQUITABLE DISTRIBUTION 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, as well as tangible and intangible, during their marriage, which property constitutes "marital property" as defined by the Divorce Code. 21. Plaintiff and Defendant have likewise accumulated debt during their marriage, which debt must also be divided by the Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably divide all marital property and debt. Respectfully submitted, Date: C / 2/ /( ;7 - Darren J. Ho t, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Dawn M. Walterhouse VERIFICATION I, Dawn M. Walterhouse, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 06/12/08 ftt tm A KIO;qL-I Ar/ yw- DAWN M. WALTERHOUSE GJ c , C. ? rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. WALTERHOUSE, ) Plaintiff ) V. ) CHRISTOPHER F. WALTERHOUSE, ) Defendant ) NO. 2008-3564 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Darren J. Hoist, Esquire, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 18`n day of June, 2008, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Christopher F. Walterhouse, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 91 Manor Drive, Hagerstown, MD, 21740, the Defendant's last known address, and that the return receipt card which was signed by Chris Walterhouse, marked as having been delivered to him on June 23, 2008, is attached hereto and made a part hereof. Darren J. H /st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Dawn M. Walterhouse SWORN TO AND SUBSCRIBED " day of June, 2008. EBRA M. SHIMP, NOTARY PUBLIC Of HARRISBURG,-DAUPHIN COUI i ) LAW Omm OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HAmsBuRG. PEmsYLVAmA 17108 JOHN C. HOWETT. JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA MCCLINCY DARR DEBRA M. SHIMP Legal Assistant VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED & REGULAR MAIL Mr. Christopher F. Walterhouse 91 Manor Drive Hagerstown, MD 21740 Dear Mr. Walterhouse: June 18, 2008 Re: Walterhouse v. Walterhouse No. 08-3564 Civil Term (717) 234-2616 FAX (717) 234-5402 On May 12`h I wrote to you indicating I had been retained by Dawn for the purpose of preparing a Marital Settlement Agreement based upon an agreement you and she reached privately. I understood you had no objection to the terms of the Agreement (insomuch as the two of you had already discussed them), and I expected Dawn to subsequently contact me for the purpose of executing the document. I now understand you have refused to execute the Agreement. That is your choice, but based upon what Dawn has advised me, the Agreement was clearly a fair and equitable resolution of the economic issues. It seems obvious you have no desire to remain married given your physical vacation from the marital home. Dawn has no desire to continue to live as an estranged spouse. She had instructed our office to initiate formal divorce proceedings, and enclosed herein please find a certified true and correct copy of a divorce complaint our office has filed with the Court of Common Pleas of Cumberland County, Pennsylvania. During your marriage there were repeated instances of marital misconduct, including, but not limited to, your acknowledged affair, that clearly warrant the dissolution of your marriage. Service of the Complaint herein comports with the Pennsylvania Rules of Civil Procedure. Please understand Dawn maintains her desire to resolve matters amicably, and she remains willing to execute the settlement document previously forwarded. You can certainly spend thousands of dollars in counsel fees and lost job opportunity (in the form of missed days of Ar Mr. Christopher F June 18, 2008 Page Two Walterhouse work and lost productivity) defending yourself in the instant action, but in the end you will receive a no more favorable settlement than that which is contained within the settlement document. Dawn intends to proceed expeditiously in seeking formal adjudication of the economic issues, and under separate cover you will receive a formal request to have the matter appointed for disposition. If you elect to retain counsel to represent you in this matter, please forward the enclosed complaint to his or her attention and have your counsel contact me at his or her convenience. However, your election not to retain counsel (or your delay in retaining counsel) will in no way delay adjudication of these issues. Sincerely, '?'- DI - /I ?- Darren J. Holst DJH/glg Enclosure cc: Dawn M. Walterhouse (w/encl.) It <lJ104ifiIII11101IRMlPl1_ A (Domestic Mail Only; Nc m 0 to co Postage $ ru Certified Fee Q E3 Return Receipt Fee. Postmark O (Endorsement Required) Here C3 Restricted Delivery Fee ET" (Endorsement Required) co nJ Total Postage & Fees Ienl 0. Q .I £NO • " / y y.??? -J).- -..?J?S?yMl 4J_1 As.' --------- or PO Box No. CI Slate, ZIP+4 , PS Forr., ?BOO. June 2002 See Reverse for Instructiorm ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Adrddressed to: ?l l Manor ' -i ue - cat A. X B. isec? by (Pr(nted?lame) C. Da of IL IF/i rlL• `C D. Is delivery address did es If YES, enter delivery ow: o 3. 8990M Tips CerYceriHfled ed mail D rasa ? ? Registered E7 Retum ReceipttocMww, ndiw ? Insured Mail ? C.O.D. 4. Restricted Delivery? (&ft Fee) y? 2. Article Number (TiBnsfer far from m service /ebelJ 7004 2890 0002 8003 1767 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 DAWN M. WALTERHOUSE, Plaintiff V. CHRISTOPHER F. WALTERHOUSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3564 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Dawn M. Walterhouse, in the above-captioned matter. Respectfully Submitted, pp,, n -U Z") Ma tas, Esquir Saidis, o r & Lindsay R N C ' Attorney 1 919 - 26 West High Street Carlisle, PA 1701 -- ; Dated: H NZj U (717) 243-6222 /-rn co PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Dawn M. Walterhouse, in R IS & LINDSAY 26 West High Street Carlisle, PA the above-captioned matter. Respectfully Submitted, D / '64 P_ Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Dated: a- I w (717) 234-2616 DAWN M. WALTERHOUSE, Plaintiff CHRISTOPHER F. WALTERHOUSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3564 rr7 -j CIVIL ACTION - LAW <??;'? IN DIVORCE Zk: ; MOTION FOR APPOINTMENT OF MASTER `^?%'r C* -.< Dawn M. Walterhouse, Plaintiff, moves this Court by and through counsel, Marylou Matas, Esquire, to appoint a Master with respect to the following claims: (J) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (J) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in this action with his counsel, Kevin G. Robinson, Esquire. 3. The statutory grounds for divorce are 23 Pa.C.S.A. §3301(c) and 23 Pa.C.S.A. §3301(d). 4. Delete the inapplicable paragraphs: a. The action is not contested; FL NV RR & LINDSAY ATIro .LAW 26 West High Street Carlisle, PA b. An agreement has been reached with respect to the following: None. C. The action is contested with respect to the following claims: Distribution of Property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ?_,V Marylou M, squire 26 West F(igh treet Carlisle, PA 17013 (717) 243-6222 Dated: t??l Counsel for Plaintiff FLO RIS & LIlVDSAY A"TIOWWMAT, 26 West High Street Carlisle, PA DAWN M. WALTERHOUSE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3564 CHRISTOPHER F. WALTERHOUSE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached Motion for Appointment of Master have been served upon the following persons by the following means and on the dates stated: Name & Address Kevin G. Robinson, Esquire Robinson & Koenig 60 E. Middle Street Gettysburg, PA 17325 Means of Service Date of Service Certified, Restricted and 1-1171u lo First Class Mail P I Marylob-M a , Esquire 26 West Hi treet Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Counsel for Plaintiff SAIDIS, RJOVVER & LP4DS" ATTOMGMAT-LAW 26 West High Street Carlisle, PA r 41 FEB 2 2 2010 (,? DAWN M. WALTERHOUSE, Plaintiff CHRISTOPHER F. WALTERHOUSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3564 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT February 9-3_, 2010, a motion having been presented for the appointment of a Master in the above-captioned proceeedings. IT IS ORDERED that 9.7 Esquire is appointed Master to hear the testimony and return the record and a transcript of the testimony to the Court, together with a report and recommendations on the following issues in compliance with the Pennsylvania Rules of Civil Procedure §1920.53 and §1920.54. (J ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (J) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses BY THE COURT: J. SAIDIS, FWNVER LINDSAY 26 West High Street Carlisle, PA Moving Party: Name: Dawn M. Walterhouse Attorney's Name: Marylou Matas Attorney's Address: 26 West High St. Carlisle, PA Attorney's Telephone: (717) 264-6222 Attorney's Email: mmatas(aD-sfl-law.com Party's Address and Telephone if Not represented by counsel: N/A cc: ?Marylou Matas, Esquire ? Counsel for Plaintiff ?Kevin G. Robinson, Esquire Counsel for Defendant aVas f ?C) j No Moving Party: me: Christopher F. Walterhouse Attorney's Name: Kevin G. Robinson Attornev's Address: 60 E. Middle St. Gettysburg, PA Attorney's Telephone: (717) 334-3341 Attorney's Email: 0 N _ Party's Address and Telethon Not represented by coutxsiei: Ni ± ch> >? DAWN M. WALTERHOUSE, Plaintiff vs. CHRISTOPHER F. WALTERHOUSE,: Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o c~ a -n N0. 08 - 3564 CIVIL ~~ o rn ~rn n - zao --+ vim IN DIVORCE ~~ oo ~~j ~ ~o ~c ORDER OF COURT y~ •• ~~'' '~ N :rr -~ ""' -~ AND NOW, this l~ day of ~ , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 30, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~ Dawn M. Walterhouse Plaintiff v Kevin G. Robinson Attorney for Defendant i FS' /YL~ tL£~. ~v lg~to ~~ Kevirl/~. Hess, v . ~,-; o ~-- r. J Q o~ -~-' c-~r; r C~ ~ `-~- ~ - :;- ' a- ~8" 3~to~' REEMENT LEMENT AG C SE TAi - MARi .~ ~' EN ~ ~.:~ BY AND gETW ~ ;-~; ~ ,3 `"--~ ~, RHOUSE ~ WALTE WN ~ f - ,: -~ ~° pA --~ ~ . _ ..... , F LA1NTIF -~,__ =° . ~- ~ 1~ p AND PHER F. WALTERHOVSE CHRISTO DEFENDANT T OF OF COMMON PLEAS IN THE COUR SYLVANIA ERLpND COUNTY, pENN COME 3564 No, 200$- CT-ON 1-p`W IN DIVORCE CIVIL A MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of September, 2010, by and between DAWN M. WALTERHOUSE, of Cumberland County, Pennsylvania, and CHRISTOPHER F. WALTERHOUSE, of Frederick, Maryland; WITNESSETH: WHEREAS, Christopher F. Walterhouse (hereinafter referred to as "Husband") was born on November 29, 1965 and currently resides at 430 N. Market St. Apt. B Frederick, Maryland 21701; WHEREAS, Dawn M. Walterhouse (hereinafter referred to as "Wife") was born on April 6, 1968 and currently resides at 8 James Circle, Shippensburg, Cumberland County, Pennsylvania 17257; WHEREAS, the parties hereto are husband and wife, having been IawfuNy married on Juty 4, 1996 in Cascade, Maryland; WHEREAS, the parties separated on or about August 1, 2007; WHEREAS, one child was born of the marriage between the parties, namely, Jacob A. Walterhouse, bom August 10, 1998; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for o#her good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection {Marylou Matas, Esquire for Wife). Husband has been advised of his right to obtain independent counsel to represent him in the preparation and execution of this Agreement. Nevertheless, Husband acknowledges he has read and fully understands the provisions of this Agreement and its legal effect upon both parties. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente life, equitable distribution of all marital property or property owned or possessed individually by the o#her, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE Ol= ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, director indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties agree Wife shall initiate an action for no-fault divorce in the Court of Common Pleas of Cumberland County, and Husband agrees to reimburse her for one half of the filing fee no later than fifteen (15) days after Wife provides documentation of the fee. Husband agrees to accept service of the Divorce Complaint and, once the ninety-day (90) day waiting period required under § 3301 (c) of the Divorce Code expires, each party agrees he or she will sign and file Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree, which documents shall be delivered to Wife's counsel for filing. Wife shall submit all documentation necessary to precipitate the prompt entry of a mutual consent no-fault divorce. Husband understands his execution of his affidavit of consent and waiver of notice of intention upon the expiration of the required ninety-day (90) waiting period is a condition precedent to Wife's obligation to pay to him the equitable distribution obligation called for in paragraph 5(h), infra. 5. EQUITABLE DISTRIBUTION a. Georctia Residence. The parties acknowledge that, priorto their marriage, Wife acquired an interest in that certain house and tot and all improvements thereupon situated at 304 Summerfleld Drive, Grovetown, Georgia (hereinafter referred to as the "Georgia Residence"). The parties agree as follows with respect to the Georgia Residence: i. Wife shall remain the sole and exclusive owner of the Georgia Residence and shall be permitted to take any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest he may have in and to the Georgia Residence including any increase in value thereon during marriage. If necessary, Husband shall execute any and all documents necessary to effectua#e the provisions of this paragraph. ii. Husband agrees that, as of the date of execution of this Agreement, any and ail title policies and any other policies of insurance with respect to the Georgia Residence shalt remain in Wife's sole name to reflect her as sole owner thereo#, and Husband further agrees Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. iii. Wife shall remain solely responsible for all costs, expenses and liabilities associated with or attributable to the Georgia Residence, including, but not limitedto, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance or repairs and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. iv. The parties acknowledge that, during marriage, the Georgia Residence was utilized as rental property. Husband agrees Wife shalt remain the sole recipient of any and all rents received from or generated by the Georgia Residence, and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest he may have in and to the rents generated from the Georgia Residence before marriage, during marriage and thereafter. To the extent Husband is named as a party on the existing lease to the Georgia Residence, Husband hereby assigns his interest in full to Wife, and Husband waives any right to receive any or all of the rental payments made pursuant to said lease agreement. b. Marital Residence. The parties acknowledge that, during the latter part of their marriage, they rented a residence situated at 8 James Circle, Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: i. Wife shall be entitled to continue to occupy the Marital Residence as the sole resident thereof. Husband hereby waives, relinquishes and releases any and past, present or future right, title, claim or interest he may have as a tenant to the Marital Residence. ii. Commencing on the execution date of this Agreement, Wife shall be solely responsible for ail costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, rent and utilities, and Wife shah keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. To the extent Husband still maintains keys to the Marital Residence, Husband shall relinquish those keys directly to Wife no later than fifteen (15) days following the execution of this Agreement. Husband further waives any rights he may have in seeking to purchase the Marital Residence from its current owner on an installment basis. If Wife elects to purchase the Marital Residence on an installment basis, she shall be solely responsible on the debt. c. f urnishings and Personalty. i. The parties agree they have divided by agreement between themselves all furnishings and personalty located both in the Georgia Residence and the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. ii. Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the Marital Residence and those items in the Georgia Residence not otherwise owned by the current tenants. iii. Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. d. Motor Vehicles. i. Husband agrees Wife shall retain possession of, and receive as her sole and separate property, the 2007 Honda Civic automobile currently titled in Wife's sole name, along with alt rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicles belonging to Wife by virtue of this subparagraph. ii. Wfe agrees Husband shall retain possession of, and receive as his sole and separate property, the 2010 Honda Fit automobile currently titled in the Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. e. Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. Notwithstanding the foregoing, Husband acknowledges he presently has term life insurance. Husband agrees to maintain the minor child as a beneficiary on a term life insurance policy with a face value of no less than Fifty Thousand Dollars ($50,000.00), which beneficiary designation shall be irrevocable until the child turnsthe age of eighteen (18) or graduates from high school, whichever last occurs. Should said li#e insurance proceeds become due and payable during the time Husband is required to maintain the child as an irrevocable death beneficiary, the parties agree the insurance policy proceeds shall be utilized by Wife for the continued support of the child, with any proceeds remaining once the child turns eighteen (18) and graduates from high school being utilized for expenses related to post-secondary education. If the child elects not to pursue post- secondary education, any proceeds remaining once the child turns eighteen (18) and graduates from high school shall become the property of the child. f. Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, including, but not limited to, Husband's IRA & 401(K), Wife's 401(K), or military benefits available to the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations there under. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar actthatmay be required from time to time to accomplish the purposes of this subparagraph. g. Cash Accounts. Stocks and Investments. i. Husband agrees Wife shall retain possession of, and receive as her sole and separate property, any and ail cash accounts, stocks and investments titled in her sole name or in which she has an interest. Husband hereby waives, relinquishes and releases any and all past, present or future right, #itle, claim or interest he may have in and to said cash accounts, stocks and investments and the monies contained therein. ii. Wife agrees Husband shall retain possession of, and receive as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name or in which he has an interest. Wife hereby waives, relinquishes and releases any and aN past, present or future right, title, claim or interest she may have in and to said cash accounts, stocks and investments and the monies contained therein. h. Equitable Distribution Payment. Wife agrees she shall pay to Husband, as and for equitable distribution, the total sum of Eighteen Thousand Dollars ($18,000.00) as a 401(k) rollover. Said Eighteen Thousand Dollars ($18,000.00) shall be paid to Husband by QDRO after Husband executes and delivers to Wife his signed affidavit ofi consent to divorce and waiver of notice of intention to request entry of divorce decree. Husband's execution of both his affidavit of consent and waiver of notice shall be a condition preceden# to Wife's obligation to begin the 401(k) rollover to Husband. Husband will be responsible for all tax consequences and penalties associated any 401(k) distribution. i. Miscellaneous Proaeriv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall cons#itute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. j. Proaerty to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering #hat property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. k. Proaerty to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the properly awarded to him by the terms of this Agreement.- Wfe hereby quit claims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Assumation of Encumbrances i. Husband agrees he shall be solely responsible for any and all liabilities he has incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name or student loans. ii. Wife agrees she shall be solely responsible for any and all liabilities she has incurred in her name alone, specifically #o include any obligations to issuers of credit cards in her name or student loans. iii. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability the o#her party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. m. Liability not Listed. Each party represents and warrants to the other he or she has not incurred any deb#, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. n. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wi#e against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. o. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. p. Warranty as to Future Obli4ations. Husband and Wife each represents and warrants to the other that he or she will not at any #ime in the future incur or contract any debt, charge or liability for which the other, the other's Legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reasonable attorneys' fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY, ALIMONY PENDENTE UTE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente life, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any righ#s they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CHILD SUPPORT. The parties agree Husband's child support obligation shall be handled through the Cumberland County Domestic Relations Office pursuant to wage attachment, and the parties agree to enter a stipulated child support order consistent with the terms set forth above. The parties agree to be equally responsible for any filing fees or cost incurred by initiating the action and entry of the stipulated order. Husband and Wife agree that Husband's child support obligation shall be subject to the Pennsylvania Statewide Support Guidelines and modifiable based upon the best interests of the child. Additionally, the parties agree to share equal responsibility for any extracurricular activities incurred by the child, provided, however, the party who enrolls the child in said activity consults with the other parent prior to enrollment, as well any school tuition cost that may hereafter arise. The parent who has the most comprehensive insurance available to~him or her at a lesser cost shall be responsible for providing medical insurance coverage on the child. 8. MEDICAL INSURANCE COVERAGE. Husband and Wife agree that, upon execution of this Agreement, neither party shall have any obligation to provide medical insurance coverage on the other. Each party shall be responsible for providing their own insurance and the cost associated therewith. 9. LEGAL NAME. Husband and Wife agree that upon the court's ordering a decree of Divorce, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: Vestal or Chevalier. 10. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the o#her or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specificaNy waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designafion which belongs to the other party under the terms of this Agreement, including, but not limi#ed to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided fior in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of #his Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. b. -Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendenfe lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation #o the other not expressly set forth herein. c. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party wilt keep and preserve for a period of four (4) years from the date of their divorce decree afl financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. BREACH. if either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees reasonably incurred in the enforcement of the rights of the non-breaching party. 18. WAfVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Christopher F. Walterhouse 430 N. Market St. Apt. B Frederick, Maryland 21701 and to Wife, if made or addressed to the following: Dawn M. Walterhouse 8 James Circle Shippensburg, Pennsylvania 17257 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20. APPLICABLE LAW. All ac#s contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement aiso snail continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice; or has had the opportunity to consult with counsel, has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses actually incurred as a result of such failure. 28.AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. f WITNE `, i, WITNES i CHRISTOPHER F. WALTERHOUSE ~~ Uvl/~. W L DAWN M. WALTERHOUSE COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1l\ BEFORE ME, the undersigned au#hority, on this day personalty appeared CHRISTOPHER F. WALTERHOUSE known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same #or the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~~ day of 2010. Commonwealth of Pennsylvania Typed or printed name of Notary: ~ ,~ L ~, ~ My commission expires: - u - I E TH OF_,_, PEIVN3Y NOTARIAL SEAL PAMELA A. SWITAI_SKI, Notary Public Bono of Shippensburg, CumberiiYtd County MY Corrrmission Expires Mard- 24, 2014 Notary Public in and for COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared DAWN M. WALTERHOUSE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2010. Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: l~ ~ ~ ~ ~ S My commission expires: 3- ~u -~ l ~-+' ~~SFI OF PlNN3YLY NOTARIAL SEAL 2g PAMELA A. gWITALSKI, Noisry Public Boro of $hippensburp, Cumberland County ~, Commisalon Expires March 24, 2014 Dawn M Walterhouse IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. :-~ NO. 08-3564 ~ N ~ -~, -c, ~~ ° ° _,.,, ..,~. -~~ ~._._ ~ ~? ~ ~,. Christopher F Walterhouse CIVIL ACTION -LAW u ~ ~ Defendant , IN DIVORCE ~Q ~ ~ r ~ --~ ~ ~~ ~ .~ c x} AFFIDAVIT OF CONSENT -~ ° A complaint in divorce under § 3301(c) of the Divorce Code was filed on 13 June 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification #o authorities. Date: ~ ~ Signature of Plaintiff Dawn M Waltefiouse IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3564 y-7 ~ ~ ~~ ~ ° ~,-; Christopher F Waltefiouse CIVIL ACTION -LAW ~•-~ ~'"' `~' r i Defendant IN DIVORCE `~`~ ~~ -~ cs ~ c-~ ~~ --~~~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A~ ~ ~ s~ -~' "`• 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 wilt 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 falsfication to authorities. Date: ~ ~ b ~ O ~'~Z~(,~,/1/~ ~1- ~'/li~~-. Signature of Plaintiff Dawn M Walterhouse IN THE COURT OF COMMON PLEAS PlaintifF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3564 o ~ Christopher F Waltefiouse CIVIL ACTION -LAW ~~ Defendant ~--~' tN DIVORCE Ica ;~. ~-~ ~,.~, c °' ~ .. ~ AFFIDAVIT OF CONSENT -~~. ~ '=' _ i' 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on 13 June 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statemen#s herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 7.3~ ~d Dawn M Walterhouse IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . c~ v. NO.0&3564 ~~ 4 ~ ~:, -~, ~.~~ ~~ -~~ ~ ~~~ Christopher F Walterhouse CIVIL ACTION -LAW ~~ , -- ,~ .~... Defendant IN DIVORCE ~`~ r~ ~; ~. ~'-~ ....,._ - Ac~a ~~ - a c c~ g ~,-; ..~ ~ .~: WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(cl 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 unswom falsecation to authorities. Date: ~ .3 0 ~ ~ Sign re of Defendant Dawn M Walterhouse IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3564 Christo her F Walterhouse CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD n N C 0 To the Prothonotary: ~~ o Transmit the record, together with the following information, to the court fQ~Se'i~tr~ --C ~' w of a divorce decree: ~~ -v 1. Ground for divorce: vz ^..~ -r a Irretrievable breakdown under ~ (3301 ~c)) of the Divorce Code. ~ ~ 2. Date and manner of service of the complaint: 6 June 2008 by Certified Mail 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 30 September 2010 by defendant 30 September 2010 4. Related claims pending: None 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: I~~ ~2o~O Date defendant's Waiver of Notice was filed with the Prothonotary: I©~ I ~ 20 i~ ~a ~,v~ l~~-~ 0 --~ rn~ ~~ ~~ c7 ° o -~'' on ~~ ..~; Attorney for Plaintiff/Defendant Dawn M Walterhouse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Christopher F Walterhouse NO.OS-3564 DIVORCE DECREE AND NOW, Da!„ ~ ZG , ~ ~ o , It is ordered and decreed that Dawn M Walterhouse plaintiff, and Christopher F Walterhouse defiendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an osier for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parses to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate None.°) None By the Court, /`I"; J. Prothonotary ~~ /l . i • lD a 6121444.54 CASE NO. ) D$- 35c~~ Dawn Walterhouse QUALIFIED vs. ) DOMESTIC RELATIONS- ORDER Christopher Walterhouse ) Cumberland County Court of Common Pleas PA PA WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(dx3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Dawn Walterhouse, whose current address is 8 James Circle, Shippensburg, PA 17257. (b) "Alternate Payee" shall mean Christopher Walterhouse, whose current address is 430 N. Market St. Apt. B, Frederick, MD 21701. (c) "Plan" shall mean The Nielsen Company 401(k) Savings Plan. 2. The Order relates to marital property rights 3. The date of marriage was 07/04/1996. 4. The date of legal separation or divorce is 08/01/2007. 5. The Alternate Payee is the spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate Payee are/were married for federal income tax purposes. 7. The Alternate Payee's award will be calculated as of the date the award is segregated into the Alternate Payee's account. The date of segregation shall hereinafter be referred to as the "Valuation Date". 8. The Alternate Payee's interest in the Plan shall be $18,000.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Partici- pant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan bal- ance will not be included for purposes of calculating the account balance to be divided. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution, as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Admitistrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. To the extent allowed by the Plan, all beneficiary designations will be made after quali- fication of the Order and segregation of a separate account for the Alternate Payee pur- suant to the administrative procedures established for the Plan. 14. Nothing contained in the Order shall be construed to require any Plan or Plan Adminis- trator to provide to the Alternate Payee any type or form of benefit or option not other- wise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO before this Order is determined to be a QDRO. 15. Neither Party shall accept any benefits from the Plan which are the. property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Ad- ministrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 16. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this Or- der, and as such, will be required to pay the appropriate federal and/or state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal and/or state income taxes on any such distribution. 17. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Alternate Payee: Attorney For Participant: `r Christopher Walterhouse 430 N. Market St. Apt. B Frederick, MD 21701 Dated: ^^~.~. z~ zb /o LDp~~s tea, /a.?' ~l/l ~io `' Marylou Matas Saidis Sullivan Law 26 West High Street Carlisle, PA 17013 Judge Of the Court: Track No: 612144454 C"'7 G N ° ~ `t3 ~ P'r1l:°J _ ° p ~ ~'~'1 ~ YY"I ~:~ ~" C"3 ~ t"' "~7~ -E ~' On ;.ti7 , ~p ~, C ~. W ~~ ~iT't ~ C~ ~ CJ's ~ --<