HomeMy WebLinkAbout01-6489CHKISTINA M. WILF~M~YER,
Plaintiff
VS.
JAMES A. WILKEMEYEK,
Defendant
IN THE CODI~T OF COMMON PLEAS
CumBERLAND CODlv-'f, PENNSYLVANIA
.. No.
: IN DIVORCE
:
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU
the claims set forth in
action.
You are warned
proceed without you and
entered against you by the
against you for any other
HAVE BEEN SUED IN COURT. If you wish to defend against
the following pages, you must take prompt
that if you fail to do so, the case may
a decree of divorce or annulment may be
Court. A judgment may also be entered
claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Court Administrator's Office, Cumberland County Courthouse, Carlisle,
PA.
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
C~ISTINA M. WILKEM~ER,
Plaintiff
VS.
JAM~S A. WILF~YER,
Defendant
: IN THE COu~T OF COMMON PLEAS
: CUMBE~T.a, ND COUNTY, PENNSYLVANIA
:
: IN DIVORCE
:
COMPLAINT IN DIVORCE
3301(C)
1. Plaintiff is u~RISTINA M. WILF~M~YER, who resides at 850
Brian Drive, Enola, Cumberland County, Pennsylvania. Plaintiff's social
security number is # 166-52-8462.
2. Defendant is JAMES M. WILF~4YER, who resides at 238
Linden Street, Mechanicsburg, Cumberland County, Pennsylvania.
Defendant's social security number is 183-56-8452.
3. Plaintiff has been a bona fide resident in the
Co~m,onwealth for at least six months ir~nediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 14, 1988
in Cumberland County, Pennsylvania.
5. There has been no prior action for divorce or for
annulment between the parties.
6. The Defendant is not a member of the Armed Forces.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court
require the parties to participate in counseling prior to a Divorce
Decree being handed down by the Court.
WHEREFORE, the plaintiff prays your Honorable Court to
enter a Decree in Divorce from the bonds of matrimony.
Respectfully submitted:
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
CotLu~,onwealth of Pennsylvania:
: ss.
County of Dauphin :
I verify that the statements made in this 3301 (c) Divorce
Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date: -- Christina M'. Wilke~eyer U
Sworn and Subscribed
before me this ~ day
of /V V, , .OOl.
Notary Public
NOTARIAL SEAL
ELLEN ROSENBLOOM, Nota~/Pub ic
Cily of Harrisbum, Dauphin County
MY Com_mission F"xpkes Ma)/8, 2003
CERTIFICATE OF SERVICE
I, Judith A. Calkin, do hereby certify that a true and correct
copy of the within 3301 (c) Divorce Complaint was mailed at Harrisburg,
PA., certified-restricted delivery, postage pre-paid to the following
person:
Date:
James A. Wilkemeyer
238 Linden Street
Mechanicsburg, PA 17055
dith A. Ca~kin, Esq.
CHRISTINA M. WILKEMEYER
VS.
JAMES A. WILKEMEYER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6489
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under §330l(c) of the Divorce Code was filed on November
15, 2001.
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. 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 tree and correct. I understand that
false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to
unswom falsification to authorities.
Da~¢ /
~///AMES X. WILKEIVTEVEF
CHRISTINA M. WILKEMEYER
VS.
JAMES A. WILKEMEYER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6489
CIVIL ACTION -- DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE ru~NDER
SECTION 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 ifI 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsification to authorities.
Date/
CHRISTINA M. WILKEMEYER, :
Plaintiff :
:
VS. :
:
JAMES A. WILKEMEYER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO., PENNSYLVANIA
NO. 01-6489 Civil Term
IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 15, 2001.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a ]Final Decree in Divorce
after service of notice of intention to request entry of the
decree.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: I//~/~L~ '.stina~. ~ilkemeyer ~
ss#
CHRISTINA M. WILKEMEYER, :
Plaintiff :
:
VS. :
JAMES A. WILKEMEYER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO., PENNSYLVANIA
NO. 01-6489 Civil Term
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 (c) OF THE DIVORCE COD~
1. I consent to 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
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.
4. I verify that the statement 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. Section 4904, relating
to unsworn falsification to authorities.
ChriStina M. ~ilkemeyer ~
CX
CHRISTINA M. WILKEMEYER,
Plaintiff
VS.
JAMES. A. WILKEMEYER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
:
: NO. 01-6489 Civil Term
:
: IN DIVORCE
AFFIDAVIT OF SERVICE,
I, Judith A. Calkin, Esquire do hereby certify that I served a certified copy of the
Divorce Complaint on the Defendant, James A. Wilkemeyer, by Certified Mail, Restricted
Delivery on the 24th day of November 2002 as is evidenced by the signature of the Defendant on
the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to
Defendant by depositing a true and exact copy thereof in the Urdted States mail, first class,
Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as
follows:
Date:
J~l~h A. Calkin, F, squire
Postage
Return Receipt Fee
r-1 (Endorsement Required
(Endorsement Requirel
I-1 Total Postage & Fe~
$ J0.57
$ $7.~7
I'Ll r Name (PJ~se Print Clearly) (To be completed by mailer) I
m · ~
., ............ ............ J
e~ te z~+ ~ ...................................... F~ ..........................
· Complete items 1, 2, and 3. Also complete
item 4 if R~stdcted 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 Addressed to:
2. Article Number
(Transfer from service label)
PS Form 3811, Mamh 2001
........ ,9/ear/y) B. Date of Delivery
[] Agent
Addresses
[]Yes
YES, enter delivery address below: I"1 No
r-I Return
4. Restricte,
~__
'7oqq 3.~z.~ o.~ al71j L~'701
102595-01 -M-1424
CHRISTINA M. WILKEMEYER,
Plaintiff
VS.
JAMES A. WlLKEMEYER,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6489 Civil Term
: CIVIL ACTION-DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the Court for entry of a divorce
decree.
Code.
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
2. Date and manner of service of the Complaint: Certified Restricted Delivery-11/24/01
3. Date of Execution of Affidavit of Consent required by Section 3301(c) of the Divorce
Code by Plaintiff- 11/8/02; by Defendant-. 7/23/02.
4. Related claims pending: NONE
5. (Complete either (a) or (b)
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301(c) was filed in the
Prothonotary: 11/12/02.
Date of Defendant's Waiver of Notice in Section 3301(c) was filed in the
Prothonotary: 11/12/02.
Respectfully submitted:
~h~dith ~. ~alkin, Esqmre -
AOREEMENT
THIS AOREEMENT, made this~day, of ~f/~ // , 2002
by and between JAMES A. WILKEMEYER of Cumberland County,
Pennsylvania (hereinafter referred to as HUSBAND), and CHRISTINA M.
WILKEMEYER of Cumberland Counuy, Pennsylvania (hereinafter referred
to as WIFE},
WHEREAS, ~USEAND and WIFE were ].awfully married on
May 14, 1988 in Cumberland County, Pennsylvania, and;
WHEREAS, no children born of this marriage;
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart 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; settling of all matters between them
relating to the past, present and future support, and alimony; and
in general, the settling of any and all.claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
hereby acknowledged by each of the parties hereto, WIFE and
HUSBAND, each intending to be legally bound, hereby covenant and
agree as follows:
1. SEPARA?ION: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time chose or deem fit.
The foregoing provisions shall not be taken as an admission on the
part of either partY of the lawfulness or unlawfulness of the
causes leading to their living'apart.
2~ INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeaVOr t.o molest the other, nor
compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with their peaceful
existence, separate and apart.
3. SUBSEQUENT DIVORCE: The parties hereby acknowledge
that WIFE has filed a Complaint in Divorce in Cumberland County to
docket number 01-6489 Civil Term claiming that the marriage is
irretrievably broken under the no-fault mutual consent provision of
Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby
expresses his agreement that the marriage is irretrievably broken
and expresses his intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce
pursuant to Section (c) of the Divorce Code, at the same time as he
executes this agreement. The parties hereby waive all rights to
request Court-ordered counseling under the Divorce Code. It is
further specifically understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code.
Should a decree, judgment or order of separation or
divorce-be obtained by either of the parties in this or any other
state, country or jurisdiction, each of the parties hereby.consents
and agrees that this Agreement and all of its covenants shall be
not affected in any way by any such separation or divorce; and that
nothing in any such decree, judgment, order or further modification
or revision thereof shall alter, amend or vary any terms of this
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed, that a copy of this Agreement
or the substance of the provisions thereof, may be incorporated by
reference but no~ merged into any divorce, judgment or decree. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon
the parties.
4. DATE OF EXECUTION: The "date of execution,, or
"execution date" of this agreement shall ibe defined as the date
upon which it is executed by the parties if they have each executed
the agreement on the same date. Otherwise the "date of execution,,
or "execution date" of this agreement shall be defined as the date
of execution by the party last executing this agreement.
5. DISTRIBUTION DATE: The transfer of property, funds
and/or docUments provided for herein, shall only take place on the
"distribution date, which shall be defined as specified herein.
6. ~UTUAL RELEASE: ~I~SBANDand 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 any and all rights, title and
interests, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or against
the estate of such other, of whatever nature and wheresoever
situation, which he or she now has or at any time hereafter may
have against the other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or
curtesy, or claims in the nature of dower or curtesy or widow's or
widower,s rights, family exemption or similar allowance, or under
the intestate laws, or the right to take against the spouse,s will;
or the right to treat a-lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any State, Commonwealth or
territory of the United States, or (c) any country, or any rights
which either party may have or at any time hereafter shall have for
past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses,
whether arising as a result of the marital relations or otherwise,
except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provisions thereof. It is the intention of HUSBAND
and WIFE to 9ire 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
provision thereof. It is further agreed that this Agreement shall
be and constitute a full and final resolution of any and'all claims
which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony
pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
7. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to the parties by
JUDITH A. CALKIN, ESQUIRE, counsel for WIFE and TIMOTHY'COLGAN,
ESQUIRE, counsel for HUSBAND.
HUSBAND and WIFE accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into
freely and voluntarily and that execution of this Agreement is not
the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements. The parties further acknowledge that they have each
made to the other a full accounting of their respective assets,
estate, liabilities, and sources of income and that they waive any
specific enumeration thereof for the purpose of this Agreement.
Each party agrees that he and she shall no~ at any future time
raise as a defense or otherwise the lack of such disclosure in any
legal proceeding, involving this Agreement, with the exception of
disclosure that may have been fraudulently withheld.
8. JOINT DEBTS: WIFE will be solely liable for the
payment to the First U.S.A. VISA, the Fleet Platinum, the Allfirst
Master Card and the Discover Card. HUSBAND will be solely liable
for the payment of the Chase VISA and the MBNA. Each party agrees
to indemnify and save harmless the other for and against these
debts.
9. WARRANTY AS TO OTHER EXISTING OBLIGATIONS: Each
party represents that they have not heretofore incurred or
contracted..for any other debt or liability or obligation for which
the estate of the other party may be responsible or liable except
as may be'provided for in this Agreement. Each party agrees to
indemnify and hold the other party harmless for and against any and
all such debts, liabilities or obligations of every kind which.may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND
each covenant, warrant, represent and agree that with the exception
of obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall inderm/ify and hold
'harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
forby the terms of this Agreement.
11. PERSONAL PROPERTY: The parties hereto have divided
between themselves, to their mutual satisfaction, all items of
tangible and intangible marital property. Neither party shall make
any claim to any other such items-of marital property, or to the
separate personal property of either party, which are now in the
possession and/or under the control of the other. Should it become
necessary, the parties each agree to sign, upon request, any titles
or documents necessary to give effect to this paragraph. Property
shall be deemed to be in the possession or under the control of
either party if, in the case-of tangible personal property, the
item is physically in the possession or control of the party at the
time of the signing of' this Agreement, and in the case of
intangible personal property, if any physical or written evidence
of ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control
of the party. HUSBAND and WIFE shall be deemed to be solely and
individually in the possession, control and ownership of any IRA,
pension or other employee benefit plans or ,other employee benefits
of any nature to which either party may have a vested or contingent
right or interest, apart from the provisions of the Divorce Code,
at the time of the signing of this Agreement. HUSBAND will transfer
the Edward Jones, account number 377-01734-1-1 solely to WIFE.
12. MOTOR VEHICLES: HUSBAND will be the sole and
separate owner of the Chevrolet Lumina, the leased BMW and the 1992
motorcycle. WIFE will be the sole and separate owner of the leased
Honda Passport. Each will be solely liable for the payments on
their respective motor vehicles and they will indemnify and safe
harmless the other against Said debts.
13. REAL ESTATE: The parties own by the entireties a
property located at 850 Brian Drive, Enola, Cumberland County,
Pennsylvania. WIFE agrees to transfer all. of her right, title and
interest in said property to HUSBAND. HUSBAND agrees to be solely
liable for the payment of all expenses on said home,-including but
not limited to the payment of the mortgage and equity loan and he
indemnifies and saves harmless WIFE for and against said debts.
HUSBAND agrees to refinance the existing montage and equity loan
into a mortgage in his individual name within ninety (90)days
after 6he execution of this Agreement.
14. .AFTER ACQUIRED PERSONAL PROPERTY: Each of the
parties Shalihereafter own and enjoy, .independently of any claims
or right of the other, all items of personal property, tangible or
intangible~ hereafter acquired by him or her, with full power in
him or her to dispose of the same as. fully and effectively, in all
respects and for all purposes, as though he or she were unmarried.
15. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS:
The parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984 (herein in
"Act"), specifically, the prov!sions of said Act pertaining to
transfers of property between spouses or former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over
basis provisions of said Act.
16. WAIVER OF ALIMONY PENDENTE LITE AND LEGAL FEES:
Each party herebywaives any right to alimony pendente lite. The
parties agree to be responsible for their own attorney,s fees.
17. FULL DISCLOSURE: Each party asserts that she or he
has made a full and complete disclosure of all the real and
personal property of whatsoever naEure and wheresoever located
belonging in any wayto each of them, of all debts and encumbrances
incurred in any manner whatsoever by each of them, of all sources
and amounts of income received or receivable by each of parties,
and of every other fact relating in any way to the subject matter
of this Agreement. These disclosures are'part of the consideration
made by each party for entering into this .Agreement.
18. WAIVER OF ALIMONY: The parties herein acknowledge
that by this Agreement they have respectively secured and
maintained a substantial and adequate fund with which to provide
for themselves sufficient financial resources to provide for their
comfort, maintenance and support, in the station of life to which
they are accustomed. WIFE and HUSBAND do hereby waive, release
and give up any rights they may respectively have against the other
for alimony, spousal support or maintenance. ~It shall be from the
execution of this Agreement the sole responsibility of each of the
respective parties tb sustain themselves without seeking any
s~pport from the other party.
19. BANKRUPTCY OR REORGANIZATION PROCEEDINGS: In the
event that either party becomes a debtor in any bankruptcy or
financial reorganization proceedings of any kind while any
obligations remain to be performed by that party for the benefit of
the other party pursuant to the provisions of this Agreement, the
debtor spouse hereby waives, releases and relinquishes any right to
claim'any exemption (whether granted under State or Federal law) to
any property remaining in the debtor as a defense to any claim made
pursuant hereto by the creditor-spouse as set forth herein,
including all attorney fees and costs incurred in the enforcement
of this paragraph or any other provisions of this Agreement. No
obligation created by this Agreement Shall be discharged Or
dischargeable, regardless of Federal or State law to the contrary,
and each party waives any and all right to assert that obligation
hereunder is discharged or dischargeable.
The parties mutually agree tlhat in the event of
bankruptcy or financial reorganization proceedings by either party
in the future, any monies to be paid to the other Party, or to a
third party, pursuant to the terms of this' Agreement shall
constitute support and maintenance and shall not be discharged in
bankruptcy.
10
20. INCOME TAX PRIOR RETURNS: The parties have
heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local
income tax'is proposed, or any assessment cf any such tax is made
'against either of them, each will indemnify and hold harmless the
other from and against any .loss or li~)ility for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
21. WAIVER OR MODIFICATION TO BE IN WRITING: 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.
22. MUTUAL COOPERATION: Each party shall, at any time
and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party any and all
further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect
to the provisions of this Agreement.
23. APPLICABLE LAW: This Agreement shall be construed
in accordance with the laws of the Commonwealth of Pennsylvania
which are in effect as of the date of execution of this Agreement.
11
24. 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.
25. INTEGRATION: This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
26. OTHER DOCUMENTATION: WIFE and HUSBAND covenant and
agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or
such other writings as may be necessary or desirable for the proper
effectuation of this Agreement..
27. NO WAIVER ON DEFAULT:. This Agreement shall remain
in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any
Subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
28. SEVERABILITY: If any term, condition, clause or
provision of this.Agreement shall be determined or declared to be
12
void or invalid in law or otherwise, then only that term,
condition, clause Or provision shall be stricken from this
Agreement and in all other respects this .Agreement shall be Valid
and continue in full force, effect and operation. Likewise., the
failure of any party to meet her or his obligation under any one or
more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
alter the remaining obligations of the parties.
29. BREACH: If either party breaches any provisions of
this Agreement, the other party shall have the-right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this agreement.
30. HEADINGS NOT PART OF AGREEMENT: Any heading
preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
not affect its meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day and year first above written.
tness
James A. Wilkemey~r
.istina M. Wilkem~er
13
CHRISTINA M. WILKEMEYER
VS.
JAMES A. WILKEMEYER
IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
01-6489
CML ACTION - DIVORCE
ADDENDUM 'to PROPERTY SETTLEMENT AGREEMENT
AND NOW this ~ / day ;f /~ n, .~ .....
- . ?t4// ,2ur2, lite parties to the above captioned matter,
~ntending to be legally bound, do hereby execute{he follouang amendment to the Property Settlement Agreement
executed on April 26, 2002.
Paragraph 13 is hereby amended as follows:
The parties own by the entireties a property located at 850 Brian Drive, Enola, Cumberland County,
Pennsylvania. WIFE agrees to transfer all of her right, title and interest in said property to HUSBAND.
HUSBAND agrees to be solely responsible for the payment of all expense,,; on said home, including but not limited
to the payment of the mortgage and equity loan on the property.
HUSBAND agrees to refinance the existing mortgage into a mortgage in his individual'name within ninety
(90) days after the execution of this Agreement. HUSBAND is not able to refmance the equity loan into an equity
loan in his name only. However, HUSBAND agrees to make all payments on said loan and indemnifies and saves
harmless WIFE for and against said debts related to the property, including but not limited to the first mortgage
and home equity loan.
This Addendum in no way alters any provision of the Property Seaiement Agreemeut of the parties dated
April 26, 2002. That Agreement shall in all other respects remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound,
have signed, sealed and acknowledged this Stipulation.
SIGNED, SEALED AND DELIVERED
IN ~ PRESENCE OF: _
/V~t ness v / / ~
CHRISTINA M. WILKEMEYER 0'
J~drES A. WfLKEMEYER dj'
INTHE COURT Of COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
CHRISTINA M. WILKEMEYER,
Plaintiff
VERSUS
JAMES A. WILKEMEYER,
Defendant
NO.
01-6489 Civil Term
AND NOW,
DECREED THAT
DECREE IN
DIVORCE
CHRISTINA M. WILKEMEYER
JAMES A. WILKEMEYER,
/ (: J[A .
, ~1~, IT IS ORDERED AND
, PLAINTIFF,
AND
, 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; NONE
This Agreement of April 26,2~002 and the Addendum of May 31, 2002
is hereby incorporated intone Decree
BY TH~
ATTEST:~
PROTHONOTarY