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HomeMy WebLinkAbout04-1546TAMY LYN WIMER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS ALAN WIMER Defendant CIVIL ACTION - LAW 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 TAMY LYN WIMER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS ALAN WIMER CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT 1. Plaintiffis Tamy Lyn Wimer, who curremly resides at 346 W. First Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Douglas Alan Wimer, who currently resides at 4 Timber Lane, Mount Holly Springs, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 7, 1994, in St. Lucia. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § § 3301(c) and 3301(d), in that: a) The man/age is irretrievably broke; b) Plaintiffand Defendant have lived separate and apart since March 25, 2004, and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is "marital property." 12. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiffrequests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff' requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 16. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference as though set forth in full. 17. Plaintiffhas retained Stephanie E. Chertok and John C. Porter, as her Attorneys, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Plaintiffmay need to hire experts to appraise the marital property but she lacks the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs, and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Jo~C. Porte'r: Esq~ Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 VERIFICATION I, Tamy Lyn Wimer, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat, § 4904 relating to unswom falsification to authorities. Date l~~ Plaintiff, T~amy Lyn Wimer TAMY LYN WIMER Plaintiff V= DOUGLAS ALAN WIMER Defendant IN TELE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John C. Porter, counsel for Plaintiffhereby certify that a copy of the Complaint for Divorce, directed to Defendant, was served upon Defendant at Defendant's residence, 4 Timber Lane, Mt. Holly Springs, Pennsylvania 17065, this ///7/~J~day of ,~.~0.c-~' / ,2004, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). Co)~nsel for the Plaintiff John C. Porter, Esq. Pa Sug,. Ct. ID# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 717-249-1177 TAMY LYN WIMER Plaintiff DOUGLAS ALAN WlMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04 - 1546 CIVIL ACTION - LAW IN ]DIVORCE PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made and concluded as of the ~ 4.~ day of A,~.¥~,~'~, 2004, by and between Tamy Lyn Wimer (hereinafter referred to as "Wife"), and Douglas Alan Wimer, (hereinafter referred to as "Husband"), being of, and consenting to, for all purposes of jurisdiction concerning this Agreement, the Commonwealth of Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife having been lawfully joined in marriage on July 7, 1994, and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS, no children were born to the parties of this marriage; and WHEREAS, Wife may be entitled to payment by F[usband or Husband may be entitled to payment by Wife for support and maintenance in any support proceeding and/or aiimony, alimony pendente lite, counsel fees, legai costs and expenses pertaining to or in any divorce proceedings; and WHEREAS, certain differences and disputes have arisen or may arise between the parties respecting their interests, rights and title in and to certain property (real and/or personal) owned by or in possession of the said parties or either of them; and WHEREAS, certain differences and disputes have arisen or may arise between the parties respecting their respective or mutual obligations 'with regard to various claims by third parties; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and ail rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or support, alimony, counsel fees, costs and any other right or interest arising out of or by reason of their marriage. NOW, THEREFORE, in consideration of the promises and of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto, intending to be legaily bound hereby, promises, covenants and agrees as follows: 1. Effective Date of Agreement This agreement will become effective and binding upon both parties upon execution. 2. Date of Execution The phrases "date of execution" or "execution date"' of this Agreement shall be defined as the day of the execution by the party last executing this Agreement. 3. .Mutual Releases and Waivers Except as provided for in this Agreement, Husband and Wife each forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever releases, remises, discharges and quitclaims 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, titles, interests or claims in or against the other, or in or to the reai, personal and/or mixed property of the other (including income, appreciation and gain from property hereafter accruing), and all rights, titles, interests and claims which he or she now has or ever may have in and/or to the other's estate, and each and every additional right, ritle, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators and assigns, excepting only the obligations, rights and claims imposed or inuring to the benefit of either of the parties by reason of the terms of this Agreement. Each of the parties hereto further covenants and agrees for herself and himself, and her or his heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or her or his heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. It is further specifically understood and agreed by and between the parties hereto that Wife and Husband accept the provisions made and set forth in this Agreement by Husband for Wife and or Wife for Husband, in lieu of and in full settlement and satisfaction of any and ail of the Wife's rights against Husband or Husband's rights against Wife, for any past, present and future claims on account of support and maintenance or any other right or interest arising out of the marriage, that is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by Wife against Husband, and Husband against Wife, and are, inter alia, in full settlement and satisfaction in lieu of Husband's and Wife's past, present and future claims against each other on account of maintenance and support, aiimony and also aiimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever arising out of their marital relationship and/or pertaining to any divorce proceeding which have been or may be instituted by Wife in any court in the Commonweaith of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may haw: been or may be instituted by Husband in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counsel or arising in any manner whatsoever. Wife and Husband agree that, except as may be otherwise provided herein, neither party may apPly to any court for a modification of this Agreement, with respect to alimony and distribution of property, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this agreement, it shail be the sole responsibility of Wife and Husband to sustain then~tselves without seeking any support from the other party from the date of the execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shail 3 indemnify and hold the other party harmless from and against any loss resulting therefrom, including attorney's fees and costs. 4. Release of Testamentary Clalm~ Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, adminislxators or ass, igns that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns for the purpose of enforcing any of the rights relinquished under this paragraph. 5. .Separation and Non-Molestation Agreement It shall be lawful for Wife and Husband at all times hereafter to live separately and apart from each other and to reside from time to time al: such place or places as they shall respectively deem fit, free from any authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, 4 carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families, employees or employers of each other. The parties are free to mutually and voluntarily make any efforts at reconciliation as he, she or they shall deem proper. The foregoing provisions, however, shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of or unlawfulness of the cause leading to their living apart. 6. ~ The provisions of this Agreement and their legal el~fect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of Hubert X. Gilroy, Esquire, as his attorney. 'llae Wife has employed and had the benefit of counsel of Stephanie E. Chertok, Esquire, and John C. Porter, Esquire as her attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and ob][igations and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that the 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 respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and ]her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived. 7. Divorce Prior to the execution of this Agreement, Wife filed a divome action in the Court of Common Pleas of Cumberland County, seeking a Divorce Decree pursuant to Sections 5 3301(c) and 3301(d) of the Divome Code. Wife agrees to prosecute at her expense said divorce action in a diligent and expeditious manner. The parties agree that upon the expiration of the requisite ninety (90) day waiting period they will execute Affidavits of Consent, consenting to a no-fault divorce pursuant to Section 3301(c) oftbe Divorce Code, the originals of which will be filed with the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. It is specifically understood and agreed by and between the parties and each does hereby warrant and represent to the other as defined in the Divorce Code that their marriage is irretrievably broken. If, after the execution of this Agreement, either party delays or contests the obtaining of a final unappealed Divorce Decree, that person shall be fully responsible for all attorney's fees, costs and expenses incurred by the other in obtaining the final decree in divorce so delayed. Further, Wife and Husband each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Wife and Husband each does hereby warrant, covenant and agree that, in any possible event, she and he is and shall forever be estopped from asserting any illegality ,ar unenforceability as to all or any part of this Agreement. 8. .Effect of Divorce Decree It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that unless otherwise specifically provided for herein, the Agreement shall continue in full force and effect regardless of any change in the marital status of the parties, shall continue in full force and effect after such time as a final decree in divorce may be entered, and shall survive and not be merged into any such judgment, order or decree. 9. Effect of No Divorce This Agreement will remain in full force and effect even if there is no divorce. 6 10. ~ution Prior to the execution of this Agreement, the parties have made full and honest disclosure of the marital and individual assets. That disclosure revealed, and the parties made this agreement contemplating, 1) the couple's life insurance policies; 2) the attached list of personal property; 3) the marital residence at 4 Timber Lane,, Mount Holly Springs, Cumberland County, Pennsylvania; 4)Husband's one savings account; 5)Husband's one Credit Union savings account; 6) Husband's one checking account; 7) Husband's Principal Financial Retirement account; 8) Husband's Legg Mason 401k account; 9) Husband's Dodge Dakota pick-up truck; 10) Wife's one checking account; 11) Wife's one savings account; 12) Wife's Computer Learning Network Retirement account; 13) Wife's Legg Mason income and retirement account; 14) Wife's stocks; 15) Wife's 1994 Volkswagon Jetta; After contemplation, the parties agree that the marital and non-marital properW shall be divided as follows: (a.) .Assets Retained In Whole 1) Any life insurance policies owned by Wiife shall remain owned by Wife and any life insurance policies Or. Led by Husband shall remain owned by Husband; and 2) Husband shall retain his Dodge Dakota pick-up truck and Wife shall retain her 1994 Volkswagon Jetta; and 7 3) Husband shall retain his one checking, one savings, and one Credit Union savings accounts and Wife shall retain her one checking and one savings account; and 4) Wife shall retain her Computer Learning Network Retirement account, her Legg Mason income and retirement account, and her stocks; and 5) Husband shall retain his Legg Mason 401k account. (b.) Real Estate Husband and Wife are joint owners as tenants by the entireties of premises located at 4 Timber Lane, Mount Holly Springs, Cumberland County, Pennsylvania. It is hereby agreed by and between the parties that contemporaneous with the execution of this Agreement, Wife shall deliver to Stephanie E. Chertok, Esq., as Escrowee, a properly executed deed whereby wife conveys, transfers and grants to Husband all her fight, title and interest in and to the said Timber Lane property. Wife represents and warrants that she has not placed nor caused to be placed any liens, encmnbrances, easements or any other restrictions or conditions of record relating to the saki property which will still exist as of the date of the execution of this Agreement, with the exception ora certain mortgage payable to ABN AMRO Mortgage Group, Inc., on which there is a balance due. Husband shall refinance the existing mortgage on the marital property as quickly as possible so as to remove Wife's name from the existing mortgage. Wife shall cooperate in transfering the aforementioned deed to Husband at such time as it is necessary in order for Husband to complete the refinancing of the mortgage. In the event that Husband is not approved for the refinancing of the mo~gage or is not able to accomplish the removal of Wife's name from the mortgage debt, then in that event, the aforementioned deed shall not be recorded and shall be des'txoyed. Furthermore, in the event that Husband is unable to obtain the necessary financing in order to pay Wife the consideration due pursuant to Subparagraph 10(e) below or the transfer pursuant to Subparagraph (f) below, then in that event, this Agreement, in its entirety, shall be considered null and void and both parties shall be returned to their respective positions with respect to the divorce action, as if said Agreement had never been entered into. 8 (c.) Wife's vacating of marital premises Wife has physically vacated the marital premises as of the date April 7, 2004. With regard to personal property that she will remove from the premises pursuant to the terms of this Agreement, said removal shall be accomplished within thirty (30) days of the execution of this agreement. (d.) Husband's responsibility for expenses related to the marital premises From the date of execution of this agreement, Husband agrees to assume as his sole obligation all expenses incurred in connection with the said Timber Lane property including, but not limited to, mortgages, taxes, water and sewer rents, electric and telephone service, homeowners' insurance, garden expenses, routine maintenance and minor and major repairs, and further agrees to and does hereby indemnify and hold forever harmless, Wife, her successors and assigns, heirs, ,executors and administrators against loss from any and all manners of actions, causes of actions, suits, attorney's fees or costs at law or in equity that may hereafter or at any tin, re be made or brought against the Wife by means of said expenses of ownership of the property. (e.) Lump sum payment to Wife Husband shall also pay to wife the sum of Twenty-eight Thousand Eight Hundred Dollars ($28,800.00) upon his refinancing of the existing mortgage. Said payment shall be considered as equitable distribution and shall not be taxable to Wife nor deductible by Husband for income tax purposes. (f.) Transfer pursuant to QDRO Husband shall transfer to Wife to sum of Twelve Thousand Dollars ($12,000) from his Principal Financial Retirement account into one of Wife's retirement accounts of her choosing, in accordance with a Qualified Domestic Relations Order to be executed between the parties. Said payment shall be considered as equitable distribution and shall not be taxable to Wife nor deductible by Husband for income tax purposes. (g.) Personal Property Attached hereto as Exhibit "A" is a schedule of personal property which shall be distributed to the parties in accordance with the attached schedule. Except as otherwise herein provided, each party hereby releases and relinquishes all claims and demands whatsoever as to the whole or any part of the same items of personalty which have been distributed to the other. (h.) Miscellaneous Any and all financial records and keys of the parties, as well as all information and payments books for items relative to the marital residence shall be provided to the Husband. Further, any documentation pertaining to assets or property that is to be held by the Wife shall be given to the Wife at the earliest possible time. Prior to the execution of the Affidavits of Consent for the Divorce, the parties will execute any documents that may be necessary to transfer ownership of any safe deposit box currently being held jointly into the name of one or the other of the parties. In addition, prior to the execution of the Affidavits of Consent, the parties shall sign any documents that may be necessary to relinquish any and all rights to life insurance policies to the owner of each policy, if any are currently owned. 11. Tax Treatment for Year 2004 The parties agree that they shall file separate tax returns for the year 2004. Husband shall be permitted to deduct all mortgage, interest and real estate taxes for the year 2004 with respect to the marital residence. 12. Waiver of Alimony Pendente Lite~ Alimony, SunDort and Legal Fees Except as is otherwise specifically provided herein, each party hereby specifically releases, relinquishes and discharges any right he or she may have against the other for any past, present or future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses or on account: of any other right or interest arising out of the marriage. It is specifically understood and agreed by and between the parties that this Agreement comprehends and discharges any and all such claims by Wife against Husband, and Husband against Wife, notwithstanding that the financial cimumstances of the parties may change in the future. Each party hereby agrees that neither party may apply to any Court for a modification of this Agreement with respect to support, maintenance, alimony, alimony pendente lite or counsel fees whether pursuant to the Divorce code or any other present of future statute or authority. It shall be the responsibility of each party to sustain themselves without seeking any support, 10 maintenance, alimony, alimony pendente lite, counsel fees or costs from the other party from the date of the execution of this agreement. Said agreement is contingent upon Husband's compliance with removing Wife's name from the mortgage obligation and paying to Wife the lump sum payment pursuant to Subparagraph 10(e) of this Agreement and the transfer pursuant to Subparagraph (f) of this Agreement. In the event Husband is unable to pay to Wife the lump sum pursuant to Subparagraph 10(e) or the transfer pursuant to Subparagraph (f) of this Agreement, or is unable to remove Wife's name from the mortgage debt, then, in that event, Wife shall be entitled to pursue said alimony pendente lite, alimony, support and/or legal fee actions and the parties shall be returned to their respective positions as though this agreement did not take place. 13. Warranty as to Existin~ Obli~ation~ During the course of the marriage, Wife and Husband incurred certain liabilities. With respect to the liabilities arising from the marriage which were incurred prior to the date of the execution of this Agreement, Wife and Husband each covenants, represents; warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of thc date of execution of this Agreement, no liabilities remain which were incurred by that party (or on that party~'s behalf) for which the other party may be deemed liable and if any such liabilities should bc determined to have existed as of the date of execution of this Agreement, except as set forth below, the party who incurred that liability now and at all time hereafter shall indemnify and hold harmless from and against any such liabilities, or costs or expenses, including attorney's fees, relating thereto. 14. Warranty as to Future Obligation~ Wife and Husband each covenants, represents, wan'ants and agrees that, except as may bc otherwise specifically provided by thc terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of thc other may bc liable and each now and at all times hereafter shall indemnify and hold the other party harmless from and against any such liabilities, costs or expenses, including 11 attorney's fees, relating thereto by the other party after the date of the execution of this Agreement. 15. Default or Delay in Payments or Obligations of Performance Under Agreement In the event that either party defaults with respect to any payments to be made hereunder, or any obligation to be performed hereunder, and in addition to any and all other remedies within ten (10) days after sending ora wril~en notice by certified mail to the defaulting party specifying said default, the defaulting party hereby agrees to indemnify the party injured, or to reimburse him or her for any and all attorney's fees and disbursements resulting from or made necessary by the bringing of any suit or other proceeding, whether by complaint or counterclaim to enforce any obligation or to collect such payment, provided such suit or other proceeding results in a judgment, decree or order in favor of the suing party. In the event such suit or other proceeding results in a judgment, decree or order against the suing party, the suing party shall reimburse the other party for any and all expenses, costs and attorney's fees resulting from or made necessary by virtue of the bringing of such suit or proceeding. If such default is remedied after the commencement of this suit, or other proceeding referred to in the above paragraph, the indemnity and reimbursement obligation shall be operative with the same force and effect as if judgment, decree or order had been made in favor of the party bringing such suit or other proceeding. 16. Independent Separate Covenants It is specifically understood and agreed by and between the parties hereto that each paragraph shall be deemed to be a separate and indepandent covenant and agreement, and a breach by Wife or Husband of any provision of this Agreement shall not justify or excuse breach or default by Wife or Husband of any other provision of this Agreement. 17. Confirmatory Documents Husband and Wife covenant and agree that they will forthwith (and within at least fifteen (15) days after demand therefore) execute any and all written instruments, 12 assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. Entire Agreement, Merger and Inteeraiion With the exception oftbe Qualified Domestic Relations Order referred to in Subparagraph 10(f) above, Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble herein above; that there are no claims, promises or representations not herein contained, ,either oral or written, which shall or may be charged or enfomed or enforceable unless reduced to writing and signed by both parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause of provision of this Agreement. It is agreed by and between the parties that this Agreement shall be incorporated into, but not merged, with the parties' final decree in divorce for enforcement purposes only. This Agreement shall survive the Divorce Decree. 19. A~,reement Binding on Heirs The terms, provisions and conditions of this agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 20. Void Clauses If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. Headings Any headings preceding the text of the several paragraphs or subparagraphs hereof are inserted only for the convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 13 22. Waiver or Modification to be in Writinll No modification or waiver of any of the terms hereof shall be valid tmless in writing and signed by both parties. 23. Notice Provision (a.) Notice to Husband shall be sent by certified mail, return receipt requested, to his primary residence or such other address as Husband from time to time may designate in writing. (b.) Notice to Wife shall be sent by certified mail, return receipts requested, to her primary residence or such other address as Wife from time to time may designate in writing. 24. Law of Pennsylvania Applicable This Agreement shall be construed in accordance ~adth the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 25. No Waiver of Default This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor slmll the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same of similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instnunent. 27. This Agreement is contingent upon Husband obtaining refinancing whereby Wife is relieved of any liability on the existing mortgage. 14 EXHIBIT A 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written: Date: Date:~.~ ~)O~/ Date: 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND d Public for the Commonwealth of Pennsylvania, personally appeared Tamy Lyn Wimer, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same to the purposes therein contained. IN WITNESS VOIEREOF, I have hereunto set my hand and official se~. NOTARY PUBLIC ,2004, before me, a Notary No0ffial Seal I Andrew H. Shaw, Nomy P~li¢ City of Harrisb~r8, Dauphi~ County My Commission Expires Oct. 24, 2006 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this, the /~~F/~ day of ./~vvo~cc¢ ,2004, before me, aNotary Public for the Commonwealth of Pennsylvan~ personally appeared Douglas Alan Wimer, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same to the purlx~ses therein contained. IN WITNESS WItEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC 17 EXHIBIT A TAMY LYN WIMER Plaintiff V DOUGLAS ALAN WIMER :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : 04 - 1546 CIVIL ACTION - LAW : :IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this .'~'O day of~~l~004, the court now orders the following as required by the Pennsylvania Divorce Code, 23 Pa. C.S.A. Section 3101 et seq, to carry forth such provisions. The following retirement plan dispositions are made in accordance with the following facts: 1. Plan Participant and Current Address: Douglas A. Wimer, 4 Timber Lane, Mt. Holly Springs, PA 17065. 2. Participant's Date of Birth: March 11, 1958 3. Participant's Social Security Number: 164-52-2238 4. Alternate Payee's Name and Address: Tamy Lyn Wimer, 346 W. First Street, Boiling Springs, PA 17007. 5. Alternate Payee's Date of Birth: January 30, 1961 6. Alternate Payee's Social Security Number': 191-46-3511 7. Plan to which this order applies and address: Principal Financial Retirement Account hereinafter referred to as the "Plan" owned by Douglas A. Wimer at Contract Number 0030399006, c/o Principal Connection H-11, Attn. Jan, P.O. Box 10393, Des Moines, IA 50392. 8. The parties are divorced as evidenced by the Divorce Decree issued at the above Docket Number, a copy of which is attached hereto and marked Exhibit "A". 9. This Qualified Domestic Relations Order i:s entered pursuant to the Property Settlement Agreement between the parties, dated August 16, 2004, a copy of which is attached hereto and marked Exhibit "B" (for specific reference, see paragraph 10(F) of the Property Settlement Agreement). IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. A portion of the Participant's account under the aforementioned Plan is marital property subject to the distribution by this Court. 2. $12,000.00 of the balance in the Plan is awarded to the Alternate Payee to be distributed to the Alternate Payee in accordance with the Plan provisions. 3. The parties shall promptly submit this Order to the Plan Administrator for compliance with the terms hereof. 4. The Plan Administrator shall provide notification of the determination of the status of this Order as a Qualified Domestic Relations Order to the Plan Participant, the Alternate Payee and legal counsel for the parties as set forth below. 5. The distribution from the Plan in favor of the Alternate Payee shall be paid to LMWW Cust. FBO Tamy Wimer IRA, Account it 360-70993, at address 419 Stonehedge Drive, Suite 1, Carlisle, PA 17013. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Order under the Retirement Equity~ CONSENTED TO: Tamy Ly~' Wi~r Defendant and P~n Participant Plaintiff and Alternate Payee AH~boerrnteyX.fo~r~l~eO~,~dSaqn~ire /~.AttetoP~rnaeniyefoE~ P~llha~nr~ffk, R.N., Esquire TAMY L YN WIMER Plaintiff IN THE COURT OF COMMON PLEAS OI~ CUMBERLAND COUNTY, PENNSYL VANIA v. DOUGLAS ALAN WIMER Defendant 04-1546 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER SECTION 330I(c) OF THE DIVORCE CODE 1. A complaint in divorce under S 3301 (c) of the Divorce Code was filed on April 12, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of thf: Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I veritY 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. 9 4904 relating to unsworn falsification to authorities. Date: //i,J!os- . ( , ~x ..;;t!htbJ Tamy yn WImer (~~ .._1 -n r....1 0:) \ I'" c.) (.) o - TAMY LYN WIMER Plaintiff IN THE COURT OF COMMON PLEAS O~' CUMBERLAND COUNTY, PENNSYL VANIA v. DOUGLAS ALAN WIMER Defendant 04-1546 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE I. 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! do not claim them before a divorc<: 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 verity that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: / /; cJ log- ! f J~..J!/'J1P0 Tamy W. er ,...-;--.... -' I--\~ '.'c\ 1'"';:' r,:;J \ \-.....) t:: {'J ''" ~ ---- TAMY L YN WIMER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. DOUGLAS ALAN WIMER Defendant 04-1546 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER SECTION 330I(c) OF THE DIVORCE CODE 1. A complaint in divorce under & 3301(c) of the Divorce Code was filed on April 12, 2004. 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I understand that I will not be divorced unti] 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. 6. I have been advised ofthe availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. S 4904 relating to unsworn falsification to authorities. Date: 'JlJA}.lD,2fYJ5 , ~~~IJ~ Douls ~~an Wimer 1"-.., C::') t,;:;.;.:.l c..n ~- ,..,'" do.. c., C.~) C) 0"-' TAMY L YN WIMER Plaintiff IN THE COURT OF COMMON PLEAS 0111 CUMBERLAND COUNTY, PENNSYLVANIA v. DOUGLAS ALAN WIMER Defendant 04-1546 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE mVORCE CODE I. 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 IS Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: ;r~ J..() 7.({J~ I j),J-aJ ~!J~ ~Alan Wimer !'--') c::.:.;;: ~...n <- ~:.'."'~ "": (.,:, -,".I ~.". C) 0\ " IN THE COURT OF COMMON PLEAS TAMY LYN WIM~R PLAINTIFF VS. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOUGLAS ALAN WIMER DEFF.NDANT NO. 0 4 - 1 546 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 93301 (c) XX3OOJJ!tlRlI j{€lfJtMI9M~X (Strike out inapplicable section). 2. Date and manner of service of the complaint: April 14, 2004 by certified mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff 1 - 1 2 - 2 005 ; by d,afendant 1 - 2 0 - 7 00 'i (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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 of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with 2-2-2005 the Prothonotary: the Prothonotary: Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with 1-31-2005 LL~_~ iil~ , Attorney for Plaintiff I Defendant -~ " i"; ...:.;::; I ~" C'::'1 Ci.? (::_~) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;!;;t;,tdli;+;;t;;t; . . . .. ;t;;+;;t; ;t';t;;+;;ti;t;;t;;t;;t;;t; ;t;;t; :ti:t: ;f...;t';t;;f. ;+; ;t;;+;;+;:t:;t; ;t; ;t;++;t;;t;;t;;t;;t;~;t;;t; +;1;++:+:+;1;+;1;++++++ ~ . IN THE COURT OF COMMON PLEAS . . . OFCUMBERLANDCOUNTY STPTE OF PENNA. TAMY LYN WIMER No. 04--1546 VERSUS DOUGLAS ALAN WIMER DECREE IN AND DIVORCE NOw,LO~ ~ " '?'<l~L, ]T ]S ORDERED AND DECREED THAT TAMY LYN lHMER , PLA]NT]FF, AND DOUGLAS ALAN WIMER , DEFENDANT, ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETA]NS JUR]SD]CT]ON OF THE FOLLOW]NG CLA]MS WHICH HAVE BEEN RA]SED OF RECORD ]N TH]S ACT]ON F'OR WHICH A F]NAL ORDER HAS NOT YET BEEN ENTERED; None /// BY\:c:tz;~ ATTEST: ((}~- .--- '""" I PROTHONOTARY . . . . :f.+'f.++"'+ . +++:f. Of. ++..:t:+ Cf.:f. .. ~ +++:f. ++++;1; ++++ .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . 4~- fn? :z /f/:7''':'1/ r'~~'?t: /' /)j ,~?~' Jz?? 7- /;;r~=-t/ ~f) /-177 )(/7.- >1/ III 1ft'