Loading...
HomeMy WebLinkAbout09-2994STEVEN M. EPSTEIN, Plaintiff V. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - ,& CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY 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 will proceed without you and a decree in divorce or annulment may 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 STEVEN M. EPSTEIN, Plaintiff V. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 411 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE/CUSTODY 1. The Plaintiff is Steven L. Epstein, an adult individual whose current residence is 75 Mead Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Michelle L. Epstein, an adult individual whose current residence is 75 Mead Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and the Defendant were married on or about June 9, 2001, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. The Plaintiff and the Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since the date of the filing of the Divorce Complaint and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. The Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a decree in divorce. COUNT II CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference as if fully set forth. 13. The Plaintiff seeks shared legal custody and partial physical custody of his daughter: Cassandra Michelle Epstein, born October 29, 2003 (hereinafter, the "Child") 14. The Child is presently in the custody of the Plaintiff and the Defendant. 15. The Child has lived at the following addresses: Address Dates Resided With 102 Partridge Circle 2003 -2004 Father & Mother Carlisle, PA 17013 75 Mead Drive 2004 - Present Father & Mother Carlisle, PA 17013 16. The relationship of the Plaintiff to the Child is that of natural father. 17. The relationship of the Defendant to the Child is that of natural mother. 18. The Plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the Child in this or any other Court. 19. The Plaintiff has no information of a custody proceeding concerning the Child pending in a Court of this Commonwealth. 20. No other persons are known to have or claim to have any right to custody or visitation of the Child other than the parties to this action. 21. The best interest and permanent welfare of the Child will be served by granting the relief requested because it will provide the Child quality time with both her father and mother and nurture her ongoing relationship with both parents. 22. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the Child other than the parties to this action. 23. It is believed that the parties are in complete agreement as to custody of the Child and that a Stipulation, signed by the parties, will be forthcoming. WHEREFORE, Plaintiff requests your Honorable Court to sign the Custody Stipulation into Order when it is received. Respectfully Submitted, 0, r/1; Date TURO LA"FFICES er, Esquire 9& itt Street Carlisle, PA M8 Phone: 717-245-9688 Fax: 7171-245-2165 VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Steven M. Epstein STEVEN M. EPSTEIN, Plaintiff V. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, hereby certify that I served a true and correct copy of the Complaint in Divorce on Defendant, Michelle L. Epstein, by depositing same in the United States Mail, first class, postage pre-paid, certified, return receipt requested, on the Twelfth day of May, 2009, from Carlisle, Pennsylvania, addressed as follows: Michelle L. Epstein 75 Meade Drive Carlisle, PA 17013 TUFO LAW L i r nyder, Esquire 2 Pitt Street arlisl PA 17013 Phone: 17-245-9688 Fax: 717.2 5 FILE- Ir`FICE OF THEE Pi%# ,0,714 2009 MAY 12 PM 3: 19 'JI o?4 yo S STEVEN M. EPSTEIN, Plaintiff, V. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2994 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY CUSTODY STIPULATION AGREEMENT THIS STIPULATION AND AGREEMENT, entered into this day of , 2009, by and between Steven M. Epstein and Michelle L. Epstein is executed in contemplation of becoming an Order of Court. WHEREAS, Steven M. Epstein and Michelle L. Epstein are the parents of Cassandra Michelle Epstein, born October 29, 2003; and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of Cassandra Michelle Epstein. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. All previously existing custody orders are hereby vacated. 2. Cassandra Michelle Epstein, born October 29, 2003, (hereinafter the "Child"), is the natural child of Steven M. Epstein (hereinafter the "Father") and Michelle L. Epstein (hereinafter the "Mother") 3. Shared legal custody of the Child as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents. Major decisions concerning the Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made jointly by both parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Child from the other party. Each parent shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority, to inform one another in a timely fashion concerning appointment so that each may attend, and to have copies of any reports given to either party as a guardian or custodian. The parties agree that they will make decisions jointly regarding all areas related to the Child's physical, emotional, academic and spiritual well-being. 4. The parents will insure that any school in which the Child is currently enrolled possesses a copy of a current Custody Order, so that authorities at the Child's school understand that both the Mother and Father share equally in legal custody and have the right to all information concerning her education. 5. Both the Father and Mother shall have the right that each of their names appear on all official school documents as the parents of the Child and as individuals who are to be contacted concerning any emergency or non-emergency information related to the Child. 6. No adult shall transport the Child to and from either parent's residence, the Child's activities, or any other location or destination, except by mutual, written agreement of the Father and Mother. Furthermore: a. A list shall be created and maintained bearing the names and contact numbers of all adults on whom each parent agrees may transport the Child. b. Each parent shall maintain a copy of this list of authorized adults. C. The list may be modified only by mutual consent of the Father and Mother, in writing. 7. The Mother shall have primary physical custody of the Child, subject to the following periods of partial physical custody with the Father: a. During the school year, the Father's physical custody shall entail a two-week rotating schedule, as follows: i. In Week 1 ", physical custody of the Child shall be with the Father from Wednesday at 5:30 p.m. until Thursday morning when the Father returns the Child to school. ii. In Week "2", physical custody shall be with the Father from Friday at 5:30 p.m. until Sunday at 7:30 p.m. iii. One evening every week, the Father enjoys the option of physical custody of the Child for a two-hour period for dinner, said evening to be mutually agreed upon by the Father and Mother. b. During the Child's summer recess from school (defined as beginning on the first Friday following the last day of school and continuing to the last Friday prior to the beginning of the new school year), physical custody of the Child shall be with the Father as follows: i. Every alternating Wednesday from 10:30 a.m. to Thursday at 5:30 p.m. ii. Every alternating weekend from Thursday at 10:30 a.m. until Sunday at 7:30 p.m. 8. The parties shall adhere to the following holiday schedule: a. For Thanksgiving, custody shall be with the Father beginning Thanksgiving Day at 10:30 a.m. and continuing through the Sunday following at 7:30 p.m. b. For Christmas, custody shall be with the Mother from Christmas Eve at 10:30 a.m. through to the day after Christmas when the regular custody schedule shall resume. C. For Easter, custody shall be with the Mother every Good Friday through Easter Sunday. d. Custody shall alternate for Memorial Day and the Fourth of July as follows: i. Custody shall be with the Mother for Memorial Day in odd- numbered years, from Friday through Monday. ii. Custody shall be with the Father for Memorial Day in even- numbered years, from Friday at 10:30 a.m. through Monday at 7:30 p.m. iii. Custody shall be with the Mother for the Fourth of July in even-numbered years, from 10:30 a.m. on July 4th to 7:30 p.m. on July 7th. iv. Custody shall be with the Father for the Fourth of July in odd-numbered years, from 10:30 a.m. on July 4th to 7:30 p.m. on July 7th. e. The Father shall have the right to custody of the Child on the Jewish holidays of Rosh Hashana, Yom Kippur, the first night of Hanukkah and the first night of Passover, and will give notice to the Mother when he would like to exercise that right. f. The Father and Mother will celebrate the Child's birthday when the Child is in that party's respective custody. 9. Each parent is entitled to up to two weeks of vacation with the Child, subject to the following: a. One vacation custody period may include no more than eight consecutive days. b. The custodial parent shall give notice to the non-custodial parent of their intent to go on vacation at least thirty days in advance of the vacation. C. The custodial parent shall inform the non-custodial parent of the vacation destination and provide an emergency contact telephone number. d. Each parents agrees that they will make reasonable a effort to plan the amount of vacation time with due consideration for the other parent's custodial time, so as to limit the amount of time taken from the other parent's custodial time. 10. Both parents shall have liberal and reasonable telephone contact with the Child when the Child is in the custody of the other parent. 11. The parent receiving custody shall provide transportation for the exchange of custody. 12. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 12. In the event either party wishes to modify this Order or seek interpretation or implementation of any part thereof, the parties agree to attempt to resolve their conflict through the mediation process prior to initiating any legal action. Either party may call for a mediation session and the other party agrees to attend at least one session in order to attempt resolution. The cost of mediation will be shared equally by both parties. If the parties cannot resolve their dispute through the mediation process, either party may petition to have the case scheduled with the Court. WHEREFORE, agreeing to be legally bound, the parties hereby affix their signatures. Witness: AtA4 Steven M. Epstein Father Michelle L. Epstein Mother FLED- CF V F?' w TRAY 2009 JUN 10 H 2: 0 4 cuM'I ' JUN , ° 2009 r, STEVEN M. EPSTEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09 - 2994 CIVIL TERM MICHELLE L. EPSTEIN, : CIVIL ACTION - LAW Defendant. : IN DIVORCE/CUSTODY CUSTODY STIPULATION AGREEMENT AND NOW, this day of I J!se, 2009, upon consideration of the attached Custody Stipulation Agreement, it is Ordered and Directed as follows: 1. All previously existing custody orders are hereby vacated. 2. Cassandra Michelle Epstein, born October 29, 2003, (hereinafter the "Child"), is the natural child of Steven M. Epstein (hereinafter the "Father") and Michelle L. Epstein (hereinafter the "Mother") 3. Shared legal custody of the Child as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents. Major decisions concerning the Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made jointly by both parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Child from the other party. Each parent shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority, to inform one another in a timely fashion concerning appointment so that each may attend, and to have copies of any reports given to either party as a guardian or custodian. The parties agree that they will make decisions jointly regarding all areas related to the Child's physical, emotional, academic and spiritual well-being. 4. The parents will insure that any school in which the Child is currently enrolled possesses a copy of a current Custody Order, so that authorities at the Child's school understand that both the Mother and Father share equally in legal custody and have the right to all information concerning her education. 5. Both the Father and Mother shall have the right that each of their names appear on all official school documents as the parents of the Child and as individuals who are to be contacted concerning any emergency or non-emergency information related to the Child. 6. No adult shall transport the Child to and from either parent's residence, the Child's activities, or any other location or destination, except by mutual, written agreement of the Father and Mother. Furthermore: a. A list shall be created and maintained bearing the names and contact numbers of all adults on whom each parent agrees may transport the Child. b. Each parent shall maintain a copy of this list of authorized adults. C. The list may be modified only by mutual consent of the Father and Mother, in writing. 7. The Mother shall have primary physical custody of the Child, subject to the following periods of partial physical custody with the Father: a. During the school year, the Father's physical custody shall entail a two-week rotating schedule, as follows: i. In Week 1", physical custody of the Child shall be with the Father from Wednesday at 5:30 p.m. until Thursday morning when the Father returns the Child to school. ii. In Week "2", physical custody shall be with the Father from Friday at 5:30 p.m. until Sunday at 7:30 p.m. iii. One evening every week, the Father enjoys the option of physical custody of the Child for a two-hour period for dinner, said evening to be mutually agreed upon by the Father and Mother. b. During the Child's summer recess from school (defined as beginning on the first Friday following the last day of school and continuing to the last Friday prior to the beginning of the new school year), physical custody of the Child shall be with the Father as follows: i. Every alternating Wednesday from 10:30 a.m. to Thursday at 5:30 p.m. ii. Every alternating weekend from Thursday at 10:30 a.m. until Sunday at 7:30 p.m. 8. The parties shall adhere to the following holiday schedule: a. For Thanksgiving, custody shall be with the Father beginning Thanksgiving Day at 10:30 a.m. and continuing through the Sunday following at 7:30 p.m. b. For Christmas, custody shall be with the Mother from Christmas Eve at 10:30 a.m. through to the day after Christmas when the regular custody schedule shall resume. C. For Easter, custody shall be with the Mother every Good Friday through Easter Sunday. d. Custody shall alternate for Memorial Day and the Fourth of July as follows: i. Custody shall be with the Mother for Memorial Day in odd- numbered years, from Friday through Monday. ii. Custody shall be with the Father for Memorial Day in even- numbered years, from Friday at 10:30 a.m. through Monday at 7:30 p.m. iii. Custody shall be with the Mother for the Fourth of July in even-numbered years, from 10:30 a.m. on July 4th to 7:30 p.m. on July 7th. iv. Custody shall be with the Father for the Fourth of July in odd-numbered years, from 10:30 a.m. on July 4th to 7:30 p.m. on July 7th. e. The Father shall have the right to custody of the Child on the Jewish holidays of Rosh Hashana, Yom Kippur, the first night of Hanukkah and the first night of Passover, and will give notice to the Mother when he would like to exercise that right. f. The Father and Mother will celebrate the Child's birthday when the Child is in that party's respective custody. 9. Each parent is entitled to up to two weeks of vacation with the Child, subject to the following: a. One vacation custody period may include no more than eight consecutive days. b. The custodial parent shall give notice to the non-custodial parent of their intent to go on vacation at least thirty days in advance of the vacation. C. The custodial parent shall inform the non-custodial parent of the vacation destination and provide an emergency contact telephone number. d. Each parents agrees that they will make reasonable a effort to plan the amount of vacation time with due consideration for the other parent's custodial time, so as to limit the amount of time taken from the other parent's custodial time. 10. Both parents shall have liberal and reasonable telephone contact with the Child when the Child is in the custody of the other parent. 11. The parent receiving custody shall provide transportation for the exchange of custody. 12. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 12. In the event either party wishes to modify this Order or seek interpretation or implementation of any part thereof, the parties agree to attempt to resolve their conflict through the mediation process prior to initiating any legal action. Either party may call for a mediation session and the other party agrees to attend at least one session in order to attempt resolution. The cost of mediation will be shared equally by both parties. If the parties cannot resolve their dispute through the mediation process, either party may petition to have the case scheduled with the Court. C.C., /I rin Andrew Snyder, Esq. Michelle L. Epstein M?tLL -;v` OF THE J 2 2? F? 2009 ,1UH 15 09- a9q~ MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this j7'~ day of ~G(JST , 2009, by and between STEVEN M. EPSTEIN ("Husband") -AND -MICHELLE L. EPSTEIN ("Wife"), at Carlisle, Cumberland County, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on June 9, 2001. WHEREAS, one (1) child was born of this marriage; said child being Cassandra Michelle Epstein, born October 29, 2003. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Seaaration. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all time hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by and legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 09-2994. The parties agree that they will execute and ale Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree simultaneously with the signing of this document. Thereafter, counsel shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Proaerty. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Proaerty. The following property shall become the sole and exclusive property of Husband: 1. All right, title and interest in the property and lot situate at 75 Meade Drive, Carlisle, Cumberland County, Pennsylvania, having already taken all necessary steps to remove Wife from the deed and to satisfy the current mortgage; 2. All right, title and interest in the Public School Employees' Retirement System IRA account titled in Husband's name with account number ending in 9123. B. Wife's Proaerty. The following property shall become the sole and exclusive property of Wife: 1. All right, title and interest in the Public School Employees' Retirement System IRA account titled in Wife's name with account number ending in 8163. C. Luma Sum Payment. Husband agrees to pay to Wife the lump cash sum of $28,176.50. The payment occurred on May 18, 2009 and satisfied any remaining property issues. This amount reflects Wife's share of the equity in the house, a sum upon which they mutually agree, minus Four hundred twenty three dollars and fifty cents ($423.50), which Wife owed to Husband for miscellaneous expenses. D. Satisfactory Division of Marital and Non-Marital Proaerty. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, 2 pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirements accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The parties acknowledge that they are the owners of the property and lot situate at 75 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Marital Home"). Husband shall become the sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to the Marital Home. Wife shall, at Husband's request, execute a deed or any other necessary document transferring all of her right, title and interest in the Marital Home to Husband. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Home shall be endorsed to reflect Husband as the sole owner thereof and further agrees that husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurances premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Home. If husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4. Taxes. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or 3 liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 5. Additional documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 6. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Rearesentations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Husband. 4 10. After-Acquired Proaerty. Each of the parties shall hereafter own and enjoy independently of any claim of right of the other, all items or property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. Debts. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts or credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all time hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and form all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract or incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Counsel Fees, Costs and Exaenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 14. Alimony. Husband agrees to pay and Wife agrees to accept $250 per month in cash Alimony for a period of sixty (60) months beginning at the time Wife moves from the marital residence. If Wife begins living with another partner, alimony will continue to be paid to her for twelve (12) months from the date of cohabitation. However, alimony will cease after the sixtieth (60th) month regardless of when cohabitation began. 5 One (1) extra year of Alimony is included in the aforesaid sixty (60) months of Alimony, to which Husband and Wife agree to compensate for the difference in the amounts of their respective retirement accounts, respectively the sole and exclusive property of Husband and Wife, as discussed in Paragraph 2-A-2 and 2-B-1. Husband and Wife agree to cooperate to create a Domestic Relations Order so that the money for alimony will be automatically taken from Husband's paycheck. The Domestic Relations Order should state that alimony is to be taken from Husband's paycheck in equal bi-monthly amounts of $125.00. Wife acknowledges receipt of and credits Husband with, as of the date of signing this Agreement, $750.00, or three months of alimony payments of $250.00 each. Husband agrees to use his current life insurance as a means of guaranteeing alimony and child support payments in the event of his death. Husband will establish a trust that will pay the agreed-upon amounts of child support and alimony as required by this Agreement. Husband shall provide all necessary documentation of the trust agreement to Wife so that she may be certain of the process by which she will receive the funds. 14. Child Support. Husband agrees to pay to Wife $750.00 per month in child support for the benefit of Cassandra. The parties agree to create a Domestic Relations Order to provide for automatic deduction of the child support payments from Husband's paycheck. Said child support is to be withdrawn from the Husband's paycheck by the Cumberland County Domestic Relations Office two times per month in the amount of $375.00. Husband will provide medical insurance for Cassandra through his place of employment. The parties agree that unpaid medical expenses shall be shared and paid at the rate of 60% by Husband and 40% by Wife. The parties agree that they shall use the same 60%/40% formula to pay for other extraordinary expenses for Cassandra, as long as the parties mutually agree on such an expense prior to purchase or commitment to pay. 15. Tax Deduction. Husband and Wife agree to alternate taking the federal tax deduction for head of household from year to year. Husband shall take the deduction for even tax filing years and Wife shall take deduction for odd tax filing years. 6 16. Custody. The parties agree to a custody schedule for daughter Cassandra as memorialized in a Custody Stipulation Agreement and signed into an Order of Court on June 15, 2009. 17. Insurance. Husband agrees to use his current life insurance as a means of guaranteeing alimony and child support payments in the event of his death. Husband will establish a trust that will pay the agreed upon amounts of child support and alimony as required by this agreement. Husband shall provide all necessary documentation of the trust agreement to Wife so that she may be certain of the process by which she will receive the funds. 18. Full Disclosure. The respective parties to 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 or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 19. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against the other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 20. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and 7 other damage, including without limitation, counsel fees and other costs and expenses reasonable incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any obligations to be performed by such party hereunder. The Husband or Wife to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim or indemnity pursuant to the terms of this Agreement. 21. General Provisions. This Agreement constitutes the entire understanding of the parties and supercedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 22. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 23. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 24. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 25. Severabilitv. If any provision of this Agreement is held by a court of competent jurisdiction to a void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 26. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 8 27. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or in equity are specifically not waives or released. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Witness: teven M. Epstein ichelle L. Epstein ti COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, STEVEN M. EPSTEIN, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed the same for the purposes therein contained. Witness my and seal this ~_ day of , 2009. _...•tAI.TH OF PENNSYtVA. NOTARIAL SEAL OARCIE A. NEIL, Notary Public 3oro of Carlisle, Cumberland County . fly Commisalon Expir~ac IVoy~ ~"~~ 2008 ,~- -- Notary Public My Commission Expires: f f -~-09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, MICHELLE L. EPSTEIN, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed the same for the purposes therein con ained. Witness my and seal this ~ ~ da of ~-{ J-l 2 Y ~~9. rYEAITH OF PENNSYLVA~ , NOTARIAL SEAL ~7ARCIE A. NEIL, Notary Public loro of Carlisle, Cumberland County l my Commission Expires Nov, ,~4, 20Q9 Notary Public My Commission Expires: ~ ~"Z~ Og 10 v. ~ ~~ r 2~0~ h~~ ? 1 ~~_~ ~~ ~ B 'Vv~1~: .~~ii~}~~ r.w,`~ ti , ;,,; ~a STEVEN M. EPSTEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09 - 2994 CIVIL TERM MICHELLE L. EPSTEIN, :CIVIL ACTION -LAW Defendant. : IN DIVORCE/CUSTODY PROOF OF SERVICE ^ Complete items 1, 2, and 3. Also compNte IEem 4 ff Restricted Delivery is desired. ^ Prirrt your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpieoe, a on the front ff space permits. a s~, ~ Amt 1. Article Addressed to: MrGhf<<L° ~r EPS~erh 75' 'yeno~E~ j~r;ve Cartfs ~e 1~~4 ~?D~3 B. Received by (Feinted Name), C. Date of D. Is delivery address different from item 11 ^ Yis If YES, enter delivery address bebw: ^ No 3. Service -type Wined Meal ~ Express Mail O Registered O Return Receipt for Merctrandise o Irreured Mail v c.o.D. 4. Restricted DeNvery?(Extra Feel ~ Yea 2. Article Number 7p08 3230 ~~02 8008 629 (Tiar-s-er from service Isee - PS Form 3811, Febrtmry 2004 Domsstlc Rs4sn Rsosipt to2sss-oz-M-isao 2~E~° ~}.JG 3 ~ Fii ~~ ~ 7 G~.'~,r'E~~,',: F~dpS4`I~l~;'+.I ~rt~ STEVEN M. EPSTEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09 - 2994 CIVIL TERM MICHELLE L. EPSTEIN, :CIVIL ACTION -LAW Defendant. : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 12, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 3. (90) days have elapsed from the date of the filing of the Complaint. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. ~23 a Date Mi elle L. Epstein FILE=!~-- ";z{~ ~~,_ G~ Tai ~~^r"~~' ..r'T~,~Y ?C~4 ,~~~ 3 ! P~ i 2~ ! 8 .~: r' N t 1 ,~'~ 4 ~ ~4...,~ _ STEVEN M. EPSTEIN, Plaintiff, v. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2994 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c1 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 THE FOREGOING 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. 2 0 Dat Mi elle L. Epstein 2G9 t~~.:` 31 i is 2~ ~ ~ .;: a STEVEN M. EPSTEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09 - 2994 CIVIL TERM MICHELLE L. EPSTEIN, :CIVIL ACTION -LAW Defendant. : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 12, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. - -p Date Steven M. Epstein 2~Q9 ~U~ 3I Fri ~= 1 ~ GUS ,,,t: ~~?Y STEVEN M. EPSTEIN, Plaintiff, v. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2994 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 Steven M. Epstein :, , ~~~ Dr" ~'c (~~~~~": T' , '''7~r~Y 2~Q~ ~,~~ u ! ~~ ~ 2~ ! ~ c i~w+E_4Hr`, ,., STEVEN M. EPSTEIN, Plaintiff, v. MICHELLE L. EPSTEIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2994 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY 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 § 3301(c) of the ~ Divorce Code. 2. Date and manner of service of Complaint: Certified, Returned Receipt mail delivered to Defendant on or about May 15, 2009. 3. Date of execution of Affidavit of Consent: By Plaintiff: August 22, 2009 By Defendant: August 23, 2009 4. Related claims pending: None. 5. Date the Waiver of Notice was filed with the Prothonotary: By Plaintiff: Simultaneously with the filing of this Praecipe. By Defendant: Simultaneously with the filing of this Praecipe. Respectfully Submitted, O L~l OFFICES Date: August 27, 2009 ~o ' And ew Snyder, Esq. 28 S. Street ' e, 7013 717-245-9688 I;_~ ~...~ : ~li.l i.. 2~~9 ~~~~5 31 .' 2~ ~L+~ti~C . ~~`yti' J ti, rr_ -~1~ l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN M. EPSTEIN V. MICHELLE L. EPSTEIN NO. 09-2994 DIVORCE DECREE AND NOW, , it is ordered and decreed that STEVEN M. EPSTEIN plaintiff, and MICHELLE L. EPSTEIN ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Attest: " / J. ~~ ~~ ~ o~ ~~ ~~~ ~~~.~' ~ ~ ~~~ ~~ 4 ... y