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HomeMy WebLinkAbout01-6830VICTORIA ANN FREIMUTH, Plaintiff Vo DAVID ALAN FREIMUTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI.AND COUNTY, PENNSYLVANIA : : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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 man'iage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR AI.IMONY, 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, PENNSYLVANIA 17013 (717) 249-3166 VICTORIA ANN FREIMUTH, Plaintiff DAVID ALAN FREIMUTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : IN DIVORCE COMPLAINT 1. The Plaintiff is Victoria Ann Sellitto Freimuth, Social Security number 226-66- 1661, who currently resides at 2904 Chesterbrook Court, Apt. 410, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is David Alan Freimuth, Social Security number 207 44-7510, who currently resides at 636 Elliott Drive, Lewisberry, PA 17339. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 17, 1993 at Lancaster County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. 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, Sections 3301(c) and 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since February 8, 2001 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT H - EQUITABLE 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 from July 17, 1993 until February 8, 2001, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which 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, Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, Date /r/~;~/a Austin F. Groganf, ~q/~u' 24 North 32nd StreL'e-~ Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 VERIFICATION I, VICKI ANN FREIMUTH, verify that the statements made in the foregoing Complaint are true and correct to the best of my lmowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. VICKI ANN FREIMUTH 0 · O~ 0 O~ 0 0 VICTORIA ANN FREIMUTH, Plaintiff DAVID ALAN FREIMUTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6830 CIVIL TERM IN DIVORCE AFFH)AVIT OF_SERVICE_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Austin F. Grogan, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, Victoria Ann Freimuth, and that he did mail a true and correct copy of the Complaint in Divorce in the above matter, by certified mail, return receipt requested, to the Defendant, David Alan Freimuth, on December 3, 2001 at his last known address: 636 Elliot Drive, Lewisberry, PA 17339, which satisfied the requirements of service by mail pursuant to Pa.R.C.P.403. The signed receipt acknowledging receipt on December 6, 2001 is attached hereto as Exhibit "A". Date Austin F. Grogan,t~fquire - 24 North 32nd Str&4 Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 · Comptete items 1, 2, and 3. Also COmplete item 4 if Restricted Delivery is desired. · Print your name a~cl address on the reverse ~ that we can return the card to you. · A~tach this card to the back of the mailpiece, ~or on the front if space permits. 1. A~lc · Adclressed to: PS Form 3811, July 1999 Dome~t~ Return Receipt EXHIBIT "A" VICTORIA ANN FREIMUTH : PLAINTIFF : : VS. : : DAVID ALAN FREIMUTH : DEFENDANT NO. 01-6830 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY PLEASE ENTER MY APPEARANCE ON BEHALF OF THE DEFENDANT, DAVID ALAN FREIMUTH. ANDREA EVELER STANLEY, ESQUIRE NO. 34347 EVELER & EVELER 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 2002 VICTORIA ANN FREIMUTH, Plaintiff DAVID ALAN FREIMUTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6830 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT Date 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2001. 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 unsworn falsification to authorities. DAVID ALAN FREIMUTH VICTORIA ANN FREIMUTH, Plaintiff Vo DAVID ALAN FREIMUTH, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6830 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced umil a divorce decree is emered 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 statemems made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /// /~/o2- DAVID ALAN FREIMUTH PROPERTY SETTLEMENT AGREEMENT This Agreement is made this ~4 day of~44~=~-., 2002, at York, Pennsylvania, between VICTORIA S. ~'~IMUTH, referred to as the "WI~", currently residing at 2904 Chesterbrook Court, Apartment 410, Camp Hill, Pennsylvania, 17011, and DAVID A. FREIMUTH, referred to as the "HUSBAND", currently residing at 636 Elliott Drive, Lewisberry, PennsYlvania, 17339. They are collectively referred to as the "PARTIES." ARTIC?.m I. RECITALS 1. The consideration for this Agreement. is the mutual benefit to be obtained by both Parties and the covenants and agreements of the Parties to each other. 2. Each Party to this Agreement acknowledges and declares that he or she respectively: (a) Is represented by counsel of his or her own choosing, or were given the opportunity to have counsel, but chose not to have counsel. (b) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of the Parties. (c) Enters into this Agreement voluntarily after receiving the advice of counsel. (d) Has given careful and mature thought to the making of this Agreement. (e) Has carefully read each provision of this Agreement. (f) Fully and completely understands each provision of this Agreement, both as to subject matter and legal effect. 3. The Parties agree that the provisions contained in this Agreement are final and cannot be modified other than by subsequent written agreement of the Parties. The Parties agree not to raise the matters covered by this Agreement in any divorce action. 4. The Parties were married on July 17, 1993, in Lancaster County, Pennsylvania, and ever since that date have been, and are now, husband and wife. 5. The Parties have one minor child, namely, Julia N. Freimuth, born June 17, 1998. 6. The Parties agree that grounds for divorce from their bonds of matrimony currently exist, and they are currently living separate and apart. A complaint for the divorce of the Parties was filed by Wife and is now pending. 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 the execution and delivery of this Agreement is predicated upon and made subject to the agreement for the institution and consent of both parties to a No-Fault Divorce. Both parties warrant they will sign Affidavits of Consent and any other documents necessary to finalize a 3301(c) divorce contemporaneously with this Agreement. Immediately thereafter, Wife's attorney will take. steps necessary to see that a divorce is properly granted. If they fail to do so they agree to pay attorneys fees for the other to seek to rescind this Agreement to void any transfers made hereunder. ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE Settlement of Property 7. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501(a) and that is referred to in this Agreement as "marital property", as between themselves, their heirs, and assigns. The Parties have attempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division is made in consideration of the following facts and circumstances: (e) the length of marriage; (b) age and health of the Parties; (c) income and expenses of the Parties; (d) contribution by the Parties to the marital estate; (e) the standard of living established by the Parties during marriage; and (f) the custody of the minor child. The division of marital property is not intended by the Parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital property. Support of Spouses 8. The Parties intend by this Agreement to allocate sufficient property and income to each so as to provide completely for all needs of each for future support. Effective Date 9. This agreement shall become effective at the date of execution. ARTICT,~ III. DISCLOSURES 10. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gift or transfer for inadequate consideration of marital property without the prior consent to the other. No representation or warranty by either Party in this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading. 11. Each Party acknowledges that, to the extend desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during marriage. 12. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity or before any federal, state, municipal, or other governmental body. Neither Party is aware of any facts that might result in any action, suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. 13. Ail federal, state, and local tax returns required to be filed by the Parties have been filed, and ali.' federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither Party has had any tax deficiency proposed or assessed against him or her, no] has executed any waiver of the statute of limitations on the assessmen or collection of any tax. ARTICLE IV. CONFIRMATION OF SEPARATE ASSETSAND DEBTS 14. Each Party releases forever any claim to or interest in any separate property of the other, whether the interest might arise incident to the marital relationship or otherwise. 15. Each Party agrees to pay his or her separate debts incurred during the marriage or after the date of separation, February, 2001. Each agrees to hold the other harmless from any and all liability on account of these separate debts and obligations. If any claim, action, or proceeding seeking to hold the other Party liable on account of these debts and obligations is instituted, the responsible Party will at his or her sole expense defend the other Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. ARTICLE V. DIVISION OF MARITAL PROPERTY 16. Ail marital property of the Parties subject to division in this Agreement is set forth in the Statement, which is attached as Exhibit "A" to this Agreement and incorporated by reference. Property to Wife 17. Wife shall receive from the marital property, to own and enjoy as her separate property, the following described properties, rights, and interests: (a) The joint Vanguard Money Market Account previously distribut by the parties and the joint Vanguard Growth Index Fund; (b) The Munder Funds Mutual Account No. 003221454; (c) 1993 Jeep Grand Cherokee; (d) VanWagoner Mutual Funds; (e) Rollover of $54,468 from Husband, s Harley-Davidson, Inc. Retirement Savings Plan via a Q.D.R.O.; (f) PSERS Pension; (g) Waypoint Bank Checking Account (previously distributed by the parties); (h) The sum of $14,000 payable upon the refinance of the marital residence within sixty (60) days; and (i) Ail personal property remaining in her possession. Property to Husband 18. Husband shall receive from the marital property, to own and enjoy as his separate property, the following described properties, rights, and interests: (a) Marital Residence: 636 Elliott Drive, Lewisberry, Pennsylvania, 17339; Wife transfers, assigns and conveys to Husband all of her right, title and interest in the real property located at 636 Elliott Drive, Lewisberry, Pennsylvania 17339. Wife has, contemporaneously with the execution of this Agreement, duly executed and acknowledged a deed and has deposited said deed with Husband's attorney, Andrea Eveler Stanley, Esquire, for recording, upon the refinancing of the GMAC mortgage and PSECU home equity loan. (b) Waypoint Bank Checking Account previously distributed by the parties; (c) All Harley-Davidson, Inc. Plans, including but not limited to Harley-Davidson, Inc. Defined Benefit Pension, stocks, stock options and the balance of the Retirement Savings Plan after the $54,468 rollover to Wife; (d) 2001 Nissan Maxima; (e) The remaining Van Guard Funds; and (f) Ail personal property remaining in his possession. Ass"m~tion of Encumbrances and Indemnity 19. Each Party assumes all encumbrances and liens on all of the property transferred to him or her pursuant to this Agreement as specified below. Each Party agrees to indemnify and hold the other Party harmless from any claim or liability that the other Party may incur because of any encumbrances or liens. If any claim, or proceeding seeking to hold the other Party liable on account of any lien or encumbrance is instituted, the responsible Party will at his or her sole expense defend the other Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. Enc,mm~rances Ass,~medbyRusband Property Lienholder 636 Elliott Drive GMAC Lewisberry, PA 17339 636 Elliott Drive Lewisberry, PA 17339 PSECU Amount $89,503* $23,821' $25,000 +/- 2001 Nissan Maxima Nissan Motor Acceptance Corp. *Debts will be refinanced within sixty (60) days of the date of this Agreement. Property Encumbrances Assumed by Wife Lienholder Amount None Property Insurance 20. Ail insurance on property transferred pursuant to this Agreement is assigned to the Party receiving the property, and payment of the insurance premiums from this date on shall be the sole responsibility of the Party to whom the insurance is assigned. 6 Life Insurance Life Insurance to Husband 21. As part of the equitable division of the marital property, Wife shall assign her interest in and Husband shall be the sole owner of any life insurance policies insuring his life. Life Insurance to Wife 22. As part of the equitable division of the marital property, Husband shall assign his interest in and Wife shall be the sole owner of any life insurance policies insuring her life. Execution of Assignment Form 23. On entry of the divorce decree of the Parties, each shall execute an assignment form acceptable to the insurer to effect a complete release of all interest and incidents of ownership in life insurance assigned to the other. ARTICLE VI. PAYMENTS OF DEBTS AND OBLIGATIONS Joint Debts 24. There are no joint debts or obligations of the Parties. Debts to be Paid 25. Each party shall be responsible for the payment of any credit cards in their individual names. Payment of Taxes 26. Each Party agrees to continue to make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial information of any nature available to the other at any time after the judgment of divorce. Each Party shall be allowed to consult with the accountants or.tax counsel of the other for the purpose of gathering any information necessary for the preparation and filing of any tax return. Alimony, Alimony Pendente Lite, Spousal Support, Counsel Fees and Costs Waiver 27. Parties acknowledge that Sections 3701 and 3702 of the Divorce Code provide for reasonable alimony to either party. It is hereby mutually agreed that neither party hereto shall seek and does hereby waive, their right to seek now and in the future, payment of alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses and any other charges of any nature whatsoever pertaining to any divorce proceeding which may be instituted in any Court in the Commonwealth or any jurisdiction, and each of the parties acknowledge that the provisions of this Agreement provide for their own separate and independent support and maintenance. Waiver of Specified Claims 28. The parties agree that each party does hereby waive their right to seek now, and in the future, all or any portion of the other' pension, retirement, thrift savings, profit sharing plans through thei respective employers, or any individual retirement accounts. Custody 29. The parties shall share joint legal custody. Mother and Father will exercise joint physical custody in accordance with the schedule established since the date of separation. Child Support 30. The child support was been established by an Order dated August 9, 2002. A copy is attached as Exhibit "B". Mother, Victoria Freimuth, shall be entitled to claim Julia Freimuth as a deduction during the even numbered years and Father, David Freimuth, shall be entitled to claim Julia Freimuth as a deduction in the odd numbered years. This selection shall commence with the calendar year 2002. ARTICLE VII. GENERAL PROVISIONS 31. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. 32. Ail existing charge accounts and credit cards in the names of Husband and Wife, or in the name of either of them under which the other may be extended credit for purchases, shall be closed or surrendered to their issuer as of the effective date of this Agreement 33. The Parties shall live separate and apart from each other. Neither Party shall interfere with the other Party in any respect. Each Party may carry on and engage in any employment or other activity, as he or she may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use, ownership, or disposition of any property now owned by or subsequently acquired by the other. 34. Ail statements of fact contained in any document delivered by either Party to the other for information or reliance pursuant to this Agreement shall be considered representations and warranties under this Agreement. All representations and warranties of the Parties shall survive the entry of the divorce decree. 35. Each Party waives any and all of the following rights: (a) To inherit any part of the estate of the other at his or her death. (b) To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date of this Agreement. (c) To act as a personal representative of the estate of the other on intestacy. (d) To act as an executor under the will of the other, unless nominated by a will or codicil dated subse- quent to the effective date of this Agreement. 36. Each of the Parties shall on demand execute and deliver any document and do any act that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with the provision, that Party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of the failure. If either party breaches any provision of this Agreement, the other shall have the right, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premises upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and in no event shall either Husband or Wife, their attorneys or legal representatives,~ have the right to question any of the provisions of this Agreement. 37. This Agreement, at the option of either party, may be submitted to a Court having jurisdiction over the marital action between Husband and Wife so that this Agreement can become part of any Decree of Divorce issued by said Court and may be made a part of said Decree and any judgment thereon with jurisdiction remaining in the Court so that the terms hereof are complied with. The Agreement, however, will survive the Decree of Divorce and not be merged into it 38. Regardless of whether this Agreement is made a part of a Court Order, this Agreement may be enforced as provided in Sections 3502(e) and 3105(a) of the Divorce Code. 39. In the event that either party must' bring an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement, the responsibility for breaching the Agreement to be determined by a Court of competent jurisdiction, agrees to be responsible not only for the damages sustained by the non-breaching party, but also agrees to reimburse the non-breaching party for any and all attorney's fees and Court costs incurred because of the breach of the within Agreement 40. This Agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the marriaqe. This Agreement constitutes the entire agreement of the P~rties. 41. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. 42. The waiver of one Party of any breach of this Agreement by the other Party. shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provision. Amendment or Modification 43. This Agreement may be amended or modified only by a written instrument signed by both Parties. Successors and Assigns 44. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. 10 L&w Gova~n~ngAg~e~en~ 45. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the Commonwealth of Pennsylvania. Bankruptcy 46. The parties hereby agree that the provisions of the instant agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. IN WITNESS of this Agreement, the Parties set their hands and affix their seals on the date and year written above, with the intent to be legally bound. VICTORIA ANN FREIMUTH ./ DAVID ~?.~/q ~EI~R3TH (SEAL) (SEAL 11 COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF ~//~F/~9~._. : SS: On this, the 7~1~ day , 2002, before me, a Notary Public in and for said County and State, personally appeared VICTORIA ANN F~EI~rOTH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF YORK : SS: On this, the //~ day of W]O~,'~ ~_~ , 2002, before me, a Notary Public in and for s~id County a6d State, personally appeared DAVID /%3~AN F~EII~UTH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal 12 NOTARY PUBLIC (a) Vanguard Money Market Account (b) The Munder Funds Mutual Account No. 003221454 (c) 1993 Jeep Grand Cherokee (d) VanWagoner Mutual Funds (e) Harley-Davidson, Inc. Retirement Savings Plan (£) PSERS Pension (g) Waypoint Bank Checking Account (h) Personal property (i) Marital Residence: 636 Elliott Drive Lewisberry, PA 17339 (j) Harley-Davidson, Inc. Stock and Stock Options (k) Harley-Davidson, Inc. Pension (1) 2001 Nissan Maxima EXHIBIT "A" 13 County, Pennsylvania ) Order Number ) ) PAcSEs Caze Number ) Docket Number ) Other Sta~ ID Number 00595 8 2002 9a91o~o /b 00595 .S 200h ORDER OF COURT O Final (~) Interim O Modified AND NOW, ' 9~ DAY OF AOOOST, 2OO2 ,based UpOn, the Court's dete.,,in,tion that the Payee's monthly net income is $ 3,401.40 and thc Payor's monthly net income is $ 5, ?86.45 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit FIVE HUNDP. ED SEVENTY-TWO~AND 00/100 Dollars ($ 572.00 ) a month payable MONTHLY as follows: first paymem due IN THE AMOUNT OF $472.00/MO CouRt.IT BUPPORTAND $100.00/M0 ARRIg~S(SEE PAOE 3) The effective date of the order is 07/08/02 . Arrears set at $ 974.00 as of AUGUS? 9, 2002 are duc in full IMMEDIATFLY. Ali tev,,.~ of this Order are subject to cOllection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of finaricial assets. These enforcement/cOllection mechanisms will not be initiated as long as obligor does not owe overdUe support. Failure to ... make each payment on time and in full will cause all ar~...ars to become subject to immediate collection by all ~e.means listed above. For the Support of: Name JULIA NICOLE FREIMUTH Birth Dam 06/X7/98 Service Type M Form 0E-518 Worker ID 21100 FREIMU'i~ v. FREIMUTH PACSES Case Number: 939104640 The defendant owes a total of $ s72. oo per month payable MONTm,y ; $ 472.00 for current support and $ zoo.oo for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Pmquea~y Payment Amount/ Fr~_nen~y $ 472.00 $o.oo $o.oo $o.oo $o.oo $ o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo / $o.oo / $o.oo / $o.oo / $o.oo / $o.oo / $o.oo / $o.oo / I ~One Time B =BiWee_kly 2 =Bi-Monthly M =Monfl-.ly 5 Semi-Annually S =Semi-M6nfllly A =Annually W =Weekly CHILD SPT AT,~OC JULIA NICOLE FREIMUTH Q = Quarterly Said money to be turned over by the Pa SCDU to: VXCTORIA BELt.TTTO ~R~xIno'.t'H · Payments must be made by check or money order. All checks and money orders must be made Payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Page 2 of 4 Form OE-518 Service Type M Worker ID 21100 PREIMUTH v. FREIIWo'TH PACSES Case Number: 939104640 Unreimbursed medical expenses that exceed $2:50.00 annually per child and/or spouse are to be paid as follows: 63 % by defendant and 37 % by plaintiff. The plaintiff is responsible to pay the first $2:50.00 annually (per child and/or spouse) in unreimbursed medical expenses. {~) Defendant(~) Plaintiff O Neither party to provide medical iusumnce coverage. Within thirty (30) days after the entry of this order, the ~)Plaintiff (~) Defendam shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; :5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditiom: REQUEST FOR SPOUSAL SUP~0RT IS DISMISSED AS IT HAS BEEN WITHDRAWN BY THE PLAINTIFF. CUI~RENT SUPPORT AMOUNT IS A $522.00 PER MONTH DOI~/WARD DEVIATION FROM THE GUIDELINES WHICH TAKES INTO CONSIDERATION THE PARTIES' REQUEST THAT THE DEFENDANT CONTIHu~ TO PAY THE ENTIRE CHILD CARE E~PENSE DIRECTLY TO THE PROVIDER. CURRENT SUPPORT AMOUNTALSO TAKES INTO CONSIDERATION THE PARTIES' 50/50 CUSTODY ARRANGEMENT AND ANNUAL ALTERNATING TAX FILING STATUS. Defendam shall pay the following fees: $ 5.00 for o-D'DICIAL COMPO'rl/R PER Payable ars 0. oo per ON~ TIME $ 25.00 for COURT COSTS Payable at $ 0.00 per OI,/E TIME $ 0.00 for Payable at $ 0.00 per $ 0.00 for Payable at $ o. 00 per $ 0.00 for Payable at $ o. 00 per Service Type M Page 3 of 4 Form OE-518 Worker ID 2110 o FREIMUTH ¥- FREIMUTH PACSES Case Number: 939104640 IMPORTANT LEGA~ NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTF WHO WILLFU~ Y F.41LS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, JND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, .INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE.. A MANDATORY INCOME ATFACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (I) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND Ab'TER THE DATE 1T IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAV~; A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordahce with law; this Order will be increased without further heating by 0 ~; a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivored to parties . Consented: Date Plaintiff Defendant Service Type M Plaimiff's Attorney Defendam's Attorney BY THE CO T:. Page 4 of 4 Form OE-518 Worker ID 21100 Judge VICTORIA ANN FREIMUTH, Plaintiff Vo DAVID ALAN FREIMUTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6830 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2001. 2. The marriage of Plaintiff and Defendant is irrelzievably 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 unsworn falsification to authorities. Date //,/'~ VICTORIA ANN FREIMUTH VICTORIA ANN FREIMUTH, Plaintiff DAVID ALAN FREIMUTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6830 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 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 falsification to authorities. Date: VICTORIA ANN FREIMUTH VICTORIA ANN FREIMUTH, Plaintiff DAVID ALAN FREIMUTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6830 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Date and manner of service of the complaint: By certified mail on December 6, 2001. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: by Plaintiff November 18, 2002; by Defendant November 15, 2002. 4. Related claims pending: All claims raised resolved in Marriage Settlement Agreement dated November 7, 2002. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: November 20, 2002. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: November 18, 2002. Date: _ ' .~ g ,,'Esqui~fe Attorney For Plaintiff 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Id # 59020 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Praecipe to Transmit the Record in the above-captioned matter to the Defendant, David Freimuth, on November 21, 2002 at the following address: Andrea Eyelet Stanley, Eyelet & Eveler, 101 S. Duke Street, York, PA 17403, which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date ustin F. Grogan, Esq~ir~ Attorney for Plaintiff 24 North 32~d Street Camp Hill, PA 17011 (717) 737-1956 ID #59020 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~.~~~/~ PENNA. VICTORIA ANN FREIMUTH, Plaintiff VERSUS DAVID ALAN FREIMUTH, Defendant NO. 01-6830 DECREE IN DIVORCE aND NOW, "~"~ 3""~' , 2002 , IT IS ORDERED AND DECREED THAT VICTORIA ANN FREIMUTH , PLAINTIFF, AND DAVID ALAN FREIMUTH ,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; MARRIAGE SETTLEMENT AGREEMENT INCORPORATED, BUT NO MERGED PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA ANN FREIMUTH Plaintiff DOCKET NO. 01-6830 VS. DAVID ALAN FREIMUTH Defendant ACTION IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this $o 'day of set forth below in items one through five, , :20 o ~ , based on the findings IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty: 1. Parties: The parties hereto were husband and wife, and a divome action is in this Court at the above number, This Court has personal jurisdiction over the parties. The parties were married on July 17, 1993 and divomed on December 5, 2002. 2. Participant Information: The name, last knewn address, social security number, and date of birth of the plan Participant are: Name: David Alan Freimuth Address: 636 Elliott Drive, Lewisberry, Pennsylvania 17339 Social Security Number: #207-44-7510 Birth Date: October 12, 1967 3. Alternate Payee Information: The name, last known address, social security number, and date of birth of the Alternate Payee are: Name: Victoria Ann Freimuth Address: 2404 Chester Brook Court, Apt. 410, Camp Hill, Pennsylvania 17011 Social Security Number: #222-66-1661 Birth Date: October 24, 1968 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Harley-Davidson Retirement Savings Plan for Salaried Employees (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan :sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Drafted: 6/18/03 06-05-03-036-1695Q Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution pension plan that is qualified under Section 401 of the Intemal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO"') under Section 414 (p) of the Code and Section 206(d)(3) of ERISA. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to Fifty-Four Thousand Four Hundred Sixty-Eight Dollars ($54,468.00) of the Participant's Total Account Balance, whether vested or unvested, accumulated under the Plan as of February 8, 2001 (or the closest valuation date thereto). The Alternate Payee's account shall not be credited with any interest and investment income (or losses) attributable thereon from February 8,2001 (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee. The Alternate Payee's portion of the benefits shall be allocated on a prorata basis from all of the accounts and/or investment funds maintained under the Plan on behalf of the Participant. The Alternate Payee shall receive a lump sum distribution of her interest in the Plan which shall be transferred, via a direct rollover, to her IRA account with MetLife Bank, c/o Masland & Barrick, Camp Hill, PA 17011, Account No. 222-66-1661 in the name of Victoria S. Freimuth. This transfer shall be made in accordance with Plan procedures as soon as administratively feasible following the qualification of this Order by the Plan Administrator. 9. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to tl~e extent permitted under the provisions of the Plan. 10. Death of Alternate Payee: In the event of the Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(les), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, her estate), shall receive the rernainder of any unpaid benefits under the terms of this Order. 11. Death of Participant: In the event that the Participant dies prior to the date the Alternate Payee receives a full distribution of her interest in the Plan, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 8 Drafted: 6/18/03 06-05-03-036-1695Q 17. Continued Jurisdiction: Th~ 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. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to, the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of alimony, if applicable, in the event that the Participant or the Plan Administrator fail to comply with the provisions contained in this Order requiring said payments to the Alternate Payee. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive her portion of the Participant's benefits as stipulated heroin in accordance with the Plan's termination provisions for participants and beneficiaries. -, A,.~;,,,~ hv P~rtic'~ nt: The Participant shall not take any actions, affi_rm.ati.v.e or ~. .-..~.,~.,-- --~ ...... Ira ,.. · . · otherwise, that circumvent the terms and prows~ons of th~s Qua ired Domestic Hela[ ons Order, or that diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the , Part ci ant shall be required to make su~fficient payments directly to the Alternate Payee. the p . · ' ' 'ons Alternate Payee to the extent necessary to neutrahze the effects of the Parbc~pant s act~ or inactions, and to the extent of the Alternate Payee's full entitlements hereunder. 20, Notice of Pending Retirement: In the event that the Plan Administrator requires the Alternate Payee to wait until the Participant's actual date of termination of em Ioyment or retirement before becoming eligible to receive her distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following his termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. BY THE COURT: Drafted: 6/18/03 06.05-03-036-1695Q 4. The Parties were married on July 17~. 1993, in Lancaster County, Pennsylvania, and ever since that date have been, and are now, husband and wife. 5. The Parties have one minor child, namely, Julia N. Freimuth, born June 17, 1998. 6. The Parties agree that grounds for divorce from their bonds of matrimony currently exist, and they are currently living separate and apart. A complaint for the divorce of the Parties was filed by Wife and is now pending. 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 the execution and delivery of this Agreement is predicated upon and made subject to the agreement for the institution and consent of both parties to a No-Fault Divorce. Both parties warrant they will sign Affidavits of Consent and any other documents necessary to finalize a 3301(c) divorce contemporaneously with this Agreement. Immediately thereafter, Wife's attorney will take steps necessary to see that a divorce is properly granted. If they fail to do so they agree to pay attorneys fees for the other to seek to rescind this Agreement to void any transfers made hereunder. ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE Settlement of Property 7. It is the purpose and intent of this Agreement to settle forever and completely the interests and oblJ. gations of the Parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501(a) and that is referred to in this Agreement as "marital property", as between themselves, their heirs, and assigns. The Parties have attempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division is made in consideration of the following facts and circumstances: (a) the length of marriage; (b) age and health of the Parties; (c) income and expenses of the Parties; (d) contribution by the Parties to the marital estate; (e) the standard of living established by the Parties during marriage; and (f) the custody of the minor child. The division of marital property is not intended by the Parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital property. 2 Support of Spouses, 8. The Parties intend by this Agreemen'5 to allocate sufficient property and income to each so as to provide completely for all needs of each for future support. Effective Date 9. This agreement shall become effective at the date of execution. ARTICLE III. DISCLOSURES 10. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure to the o~sher of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gift or transfer for inadequate consideration of marital property without the prior consent to the other. No representation or warranty by either Party in this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading. 11. Each Party acknowledges that, to the extend desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during marriage. 12. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity or before any federal, state, municipal, or other governmental body. Neither Party is aware of any facts that might result in any action, suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. 13. Ail federal, state, and local tax ~eturns required to be filed by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect to the periods covered by the 3 returns have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither Party has had any tax deficiency proposed or assessed against him or her, noz has executed any waiver of the statute of limitations on the assessment or collection of any tax. ARTICLE IV. CONFIRMATION OF SEPARATE ASSETSAND DEBTS 14. Each Party releases forever any claim to or interest in any separate property of the other, whether the interest might arise incident to the marital relationship or otherwise. 15. Each Party agrees to pay his 'or her separate debts incurred during the marriage or after the date of separation, February, 2001. Each agrees to hold the other harmless from any and all liability on account of these separate debts and obligations. If any claim, action or proceeding seeking to hold the other Party liable on account of these debts and obligations is instituted, the responsible Party will at his or her sole expense defend the other Party, and indemnify the other Party against any loss that he or slhe incurs as a result of the claim, action, or proceeding. ARTICLE V. DIVISION OF MARITAL PROPERTY 16. Ail marital property of the Parties subject to division in this Agreement is set forth in the Statement, which is attached as Exhibit "A" to this Agreement and incorporated by reference. Property to Wife 17. Wife shall receive from the marital property, to own and enjoy as her separate property, the following described properties, rights, and interests: (a) The joint Vanguard Money Market Account previously distribute by the parties and the joint Vanguard Growth Index Fund; (b) The Munder Funds Mutual Account No. 003221454; (c) 1993 Jeep Grand Cherokee; (d) VanWagoner Mutual Funds; (e) Rollover of $54,468 from Husband's Harley-Davidson, Inc. Retirement Savings Plan via a Q.D.R.O.; (f) PSERS Pension; (g) Waypoint Bank Checking Account (previously distributed by the parties); (h) The sum of $14,000 payable upon the refinance of the marital residence within sixty (60) days; and (i) Ail personal property remaining in her possession. Property to Husband 18. Husband shall receive from the marital property, to own and enjoy as his separate property, the following described properties, rights, and interests: (a) Marital Residence: 636 Elliott Drive, Lewisberry, Pennsylvania, 17339; Wife transfers, assigns and conveys to Husband all of her right, title and interest in the real property located at 636 Elliott Drive, Lewisberry, Pennsylvania 17339. Wife has, contemporaneously with the execution of this Agreement, duly executed and acknowledged a deed and has deposited said deed with Husband's attorney, Andrea Eveler Stanley, Esquire, for recording, upon the refinancing of the GMAC mortgage and PSECU home equity loan. (b) Waypoint Bank Checking Account previously distributed by the parties; (c) Ail Harley-Davidson, Inc. Plans, including but not limited to, Harley-Davidson, Inc. Defined Benefit Pension, stocks, stock options and the balance of the Retirement Savings Plan after the $54,468 rollover to Wife; (d) 2001 Nissan Maxima; (e) The remaining Van Guard Funds; and (f) Ail personal property remaining in his possession. Assumption of Enc,~m~rances and Indemnity 19. Each Party assumes all encumbrances and liens on all of the property transferred to him or her pursuant to this Agreement as specified below. Each Party agrees to indemnify and hold the other Party harmless from any claim or liability that the other Party may incur because of any encumbrances or liens. If any claim, or proceeding seeking to hold the other Party liable on account of any lien or encumbrance is instituted, the respol?sible Party will at his or her sole expense defend the other Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. Encumbrances Assumed by Husband Property Lienholder Amount 636 Elliott Drive GMAC $89,503* Lewisberry, PA 17339 636 Elliott Drive PSECU $23,821' Lewisberry, PA 17339 2001 Nissan Maxima Nissan Motor Acceptance $25,000 +/- Corp. *Debts will be refinanced within sixty (60) days of the date of this Agreement. Enc,,mhrances Assumed~ Wife Property Lienholder Amount None Property Insurance 20. Ail insurance on property transferred pursuant to this Agreement is assigned to the Party receiving the property, and payment of the insurance premiums from this date on shall be the sole responsibility of the Party to whom the insurance is assigned. 6 Life Insurance Life Insurance to Husband 21. As part of the equitable division ,Df the marital property, Wife shall assign her interest in and Husband shall be the sole owner of any life insurance policies insuring his life. Life Insurance to Wife 22. As part of the equitable division of the marital property, Husband shall assign his interest in and Wife shall be the sole owner of any life insurance policies insuring her life. Execution of Assignment, Form 23. On entry of the divorce decree of the Parties, each shall execute an assignment form acceptable to the insurer to effect a complete release of all interest and incidents of ownership in life insurance assigned to the other. ARTICLE VI. PAYMENTS OF DEBTS AND OBLIGATIONS Joint Debts 24. There are no joint debts or obligations of the Parties. Debts to be Paid 25. Each party shall be responsible for the payment of any credit cards in their individual names. Payment of Taxes 26. Each Party agrees to continue to make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial information of any nature available to the other at any time after the judgment of divorce. Each Party shall be allowed to consult with the accountants or tax counsel of the other for the purpose of gathering any information necessary for the preparation and filing of any tax return. Alimony, Alimony Pendente Lite, Spousal Support, Counsel Fees and Costs Waiver 27. Parties acknowledge that Sections 3701 and 3702 of the Divorce Code provide for reasonable alimony to either party. It is hereby mutually agreed that neither party hereto shall seek and does hereby waive, their right to seek now and in the future, payment of alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses and any other charges of any nature whatsoever pertaining to any divorce proceeding which may be instituted in any Court in the Commonwealth or any jurisdiction, and each of the parties acknowledge that the provisions of this Agreement provide for their own separate and independent support and maintenance. Waiver of Specified Claims 28. The parties agree that each party does hereby waive their right to seek now, and in the future, all or any portion of the other'~ pension, retirement, thrift savings, profit sharing plans through thei~ respective employers, or any individual retirement accounts. Custody 29. The parties shall share joint legal custody. Mother and Father will exercise joint physical custody in accordance with the schedule established since the date of separation. Child Support 30. The child support was been established by an Order dated August 9, 2002. A copy is attached as Exhibit "B". Mother, Victoria Freimuth, shall be entitled to claim Julia Freimuth as a deduction during the even numbered years and Father, David Freimuth, shall be entitled to claim Julia Freimuth as a deduction in the odd numbered years. This selection shall commence with the calendar year 2002. ARTICLE VII. GENERAL PROVISIONS 31. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. 32. Ail existing charge accounts and credit cards in the names o~ Husband and Wife, or in the name of either of them under which the other may be extended credit for purchases, shall be closed or surrendered to their issuer as of the effective date of this Agreement. 33. The Parties shall live separate and apart from each other. Neither Party shall interfere with the other Party in any respect. Each Party may carry on and engage in any e~ployment or other activity, as he or she may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use, ownership, or disposition of any property now owned by or s.ubsequently acquired by the other. 34. Ail statements of fact contained in any document delivered by either Party to the other for information or reliance pursuant to this Agreement shall be considered representations and warranties under this Agreement. All representations and warranties of the Parties shall survive the entry of the divorce decree. 35. Each Party waives any and all of the following rights: (a) To inherit any part of the eslsate of the other at his or her death. (b) To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date of this Agreement. (c) TO act as a personal represenlsative of the estate of the other on intestacy. (d) To act as an executor under the will of the other, unless nominated by a will or codicil dated subse- quent to the effective date of this Agreement. 36. Each of the Parties shall on demand execute and deliver any document and do any act that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with the provision, that Party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of the failure. If either party breaches any provision of this Agreement, the other shall have the right, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premises upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and in no 'event shall either Husband or Wife, their attorneys or legal representalsives, have the right to question any of the provisions of this Agreement. 37. This Agreement, at the option of either party, may be submitted to a Court having jurisdiction over the marital action between Husband and Wife so that this Agreement can become part of any Decree of Divorce issued by said Court and may be made a part of said Decree and any judgment thereon with jurisdiction remaining in the Court so that the terms hereof are complied with. The Agreement, however, will survive the Decree of Divorce and not be merged into it. 38. Regardless of whether this Agreement is made a part of a Court Order, this Agreement may be enforced as provided in Sections 3502(e) and 3105(a) of the Divorce Code. 39. In the event that either party mus~ bring an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement, the responsibility for breaching the Agreement t9 be determined by a Court of competent jurisdiction, agrees to be responsible not only for the damages sustained by the non-breaching party, but also agrees to reimburse the non-breaching party for any and all attorney's fees and Court costs incurred because of the breach of the within Agreement. 40. This Agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the marriage. This Agreement constitutes the entire agreement of the Parties. 41. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, .or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. 42. The waiver of one Party of any breach of this Agreement by the other Party. shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provision. Amendment or Modification 43. This Agreement may be amended or modified only by a written instrument signed by both Parties. Successors and Assigns 44. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. 10 Law Governing Agreement 45. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the Commonwealth of Pennsylvania. Bankruptcy 46. The parties hereby agree that the provisions of the instant agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. IN WITNESS of this Agreement, the Parties set their hands and affix their seals on the date and year written above, with the intent to be legally bound. VICTORIA ~ FREIMUTH (SEAL} DAVID ALAN FREIMUTH 11 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF&~~- : SS: On this, the .9~4 day of ~V~]~a~-f~- , 2002, before me, a Notary Public in and for said County and State, personally appeared VICTORIA AI~ FR~IbIUTH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC f COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK : SS: On this, the //~ day of /~9~_~ , 2002, before me, a Notary Public in and for said County and State, personally appeared DAVID i%%~kN F~J~It4UTH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLId (a) Vanguard Money Market Account (b) The Munder Funds Mutual Account No. 003221454 (c) 1993 Jeep Grand Cherokee (d) VanWagoner Mutual Funds (e) Harley-Davidson, Inc. Retirement Sa~ings Plan (f) PSERS Pension (g) Waypoint Bank Checking Account (h) Personal property (i) Marital Residence: 636 Elliott Drive Lewisberry, PA 17339 (j) Harley-Davidson, Inc. (k) Harley-Davidson, Inc. (1) 2001 Nissan Maxima Stock and Stock Options Pension EXHIBIT ~A" 13