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HomeMy WebLinkAbout04-2265 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOD4 - .:2.2'-\$ CIVIL TERM EDWARD M. WAGMAN, v. KATHY M. KYLE, CIVIL ACTION - LAW IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04- .;l..tL>S CIVIL TERM EDWARD M. WAGMAN, v. KATHY M. KYLE, CIVIL ACTION - LAW IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Edward M. Wagman, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Kathy M. Kyle: 1. The Plaintiff is Edward M. Wagman, an adult individual, residing at 1315 Strafford Road, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff's Social Security Number is 171-38-6020. 2. The Defendant is Kathy M. Kyle, an adult individual, residing at 1315 Strafford Road, Camp Hill, Cumberland County, Pennsylvania 17025. Defendant's Social Security Number is 171-52-5187. 3. The Plaintiff and Defendant were married on January 2, 1982, in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in I this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce. COUNT 11- EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 10. Plaintiff and Defendant have legally and beneficially acquired certain property during their marriage. 11. The parties plan to enter agreements for the resolution of their divorce and equitable distribution issues through the collaborative process. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNS:.~E' STEWART & WEIDNER Vf.if ){e/(]{L~ ~issa Peel Greevy / :227921 VERIFICA TION I, Edward M. Wagman, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date: 4".>7' ;)00 'f [id~:~t1Jag~~~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EDWARD M. WAGMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. KATHY M. KYLE, Defendant AFFIDA vir EDWARD M. WAGMAN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. !l4904, relating to unsworn falsification to authorities. Date: l1 -:n -)0 O~ [L.-J Yv1 W ~t'l^Arl Edward M. Wagman cJ r ~ 9J 'f9. 'P "'- D ~ ..0 ~ 0 D . . . . , , - & c '" - -1; ..... -- -- - -_.~ ~ (N C- O , . --" ~ () I I ",',j'-: bv ~ \_'::; ~ ~ ...... ~ J c: ,-"'~ --. r ~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy l.D. No. 77950 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2265 CIVIL TERM EDWARD M. WAGMAN, v. CIVIL ACTION - LAW IN DIVORCE KATHY M. KYLE, Defendant ACCEPTANCE OF SERVICE I, Debra D. Cantor, Esquire, attorney for Defendant, Kathy M. Kyle, hereby accept service ane acknowledge receipt of the Complaint in Divorce filed on May 19, 2004 by the Plaintiff in the above captioned divorce action. I certify that I am authorized to aCI~ept service on behalf of Defendant. REAGER & ADLE Date: .......---.... BY:~ ) bra D. t r, ES~~ Attorney I. Ii &, fj :2331 Market Street Camp Hill, PA 17011 Attorney for Defendant :227921 0 ,..., 0 = c = -n J.- '- :?-::n c: :;;.;: rn..- -om I d~ -l -1- -0 ~:rl ~. S:1("") (j ;s.~rn s~~ .r:;- ~::::\ -\::,; :'-_1 ..,'; .<,.,' -< .".. -< EDWARD M. WAGMAN, IN THE COURT OF COMM CUMBERLAND COUNTY P CIVIL ACTION - Plaintiff NO. 04-2265 CIVIL v. KATHY M. KYLE, IN DIVORCE Defendant MARIT AL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 1~4.- day of ~mf"tA--, 2004, b EDWARD M. WAGMAN, of Camp Hill, Pennsylvania, (hereinafter "HUSBAND") and KAT Camp Hill, Pennsylvania, (hereinafter "WIFE") ; and between Y M. KYLE of WITNESSETH: WHEREAS, the parties hereto were married on January 2, 1982, in Cumb rland County, Pennsylvania; and WHEREAS, a divorce action was filed by HUSBAND on or about May 19, 2004, in t e Cumberland County Court of Common Pleas, and docketed at 04-2265 Civil Term; and WHEREAS, the parties are the parents of two children: NICOLE MARIE WAGMAN, orn December 20,1985; and MICHAEL LOUIS WAGMAN, born May 29,1990; and WHEREAS, difficulties have arisen between the parties and it is therefore their i tention to live separate and apart for the rest of their lives and the parties are desirous of settling completel the economic and other rights and obligations between each other, including but not limited 10: the equitabl distribution of the marital property; past, present, and future spousal support; alimony, alimony pende te lite, and in general, any and all other claims and possible claims by one against the other or against t eir respective estates; and . NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, inten ing to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained t the parties by their respective counsel. HUSBAND is represented by Melissa Peel Greevy, Esquire of ohnson, Duffie, Stewart & Weidner. WIFE is represented by Debra Denison Cantor, Esquire of Reager and dler, P. C. Each party acknowledges that he or she has had the opportunity to discuss with ounsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of hi or her right to have the real and/or personal property, estate and assets, earnings and income of the ot er assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntar y having either obtained sufficient knowledge and disclosure of their respective legal rights and obliga ions expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agree ent is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. Contemporan ously with the execution of this Agreement, the parties will sign Affidavits of Consent and Waivers of No ce of Intent to Request Entry of a Divorce Decree. This Agreement shall remain in full force and effect after such time as a final decree n divorce may be entered with respect to the parties. The parties agree that the terms of this Agre ent shall be incorporated into any Divorce Decree which may be entered with respect to them and specific lIy referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall c ntinue to have independent contractual significance. - 2- 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined a the date upon which it is executed by the parties if they have each executed the Agreement on the same ate. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of xecution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the at r from any and all rights and obligations which either may have for past, present, or future obligations. a ising out of the marital relationship or otherwise. including all rights and benefits under the Pennsylvania ivorce Code of 1980. and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs executors and estate from any claims arising by virtue of the marital relationship of the parties. The above elease shall be effective whether such claims arise by way of widow's or widower's rights, family exempti ,or under the intestate laws. or the right to take against the spouse's will, or the right to treat a life time co eyance by the other as testamentary. or all other rights of a surviving spouse to participate in a deceased ouse's estate, whether arising under the laws of Pennsylvania, any state. Commonwealth, or territory of th United States or any other country. Except for any cause of action for divorce which either party may have or claim to h ve, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5 FINANCIAL DISCLOSURE. After consultation with their respective counsel regarding the options for use of Ie al services in divorce, the parties elected to use a Collaborative Law process to make the decisions neces ary under the circumstances. Prior to commencing negotiations, the parties waived formal discovery unle s they agreed otherwise. The Collaborative Law Participation Agreement under which the parties operate required the parties to commit to full and fair disclosure of all assets. incomes, debts and other informatio needed for a principled and complete settlement. Each party had the opportunity to request information and received - 3 - copies of any document requested, including but not limited to, statements regarding invest ent, retirement, checking and savings accounts, deeds and real estate settlement sheets. Accordingly, the arties represent and warrant that each have made full and fair disclosure to the other of his or her respectiv income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither part wishes to make or append hereto any further enumeration or statement. Each party acknowledges th t he or she is sufficiently familiar with the assets and income of the other to make an informed decisi n regarding the content of this Agreement. Each party warrants that he or she is not aware of any marital a set which is not identified in this Agreement. Each party understands lhat he/she had the right to obtain fro the other party a complete inventory or list of all property that either or both parties owned at the time f separation or currently and that each party had the right 10 have all such property valued by means f appraisals or otherwise. Both parties acknowledge that they have had the opportunity to discuss with cou sel the concept of marital property under Pennsylvania law and understand that they have a right to ha e a court hold hearings and make decisions on the matters covered by this Agreement. Both parties here y acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her int rests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either part upon the other or by any person or persons upon eilher party. Each party further covenants and agrees or himself and herself and his or her heirs, executors, administrators or assigns, that he or she will ne er at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of cont ntion, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that ther was any fraud, duress, undue influence, or that there was a failure to have available full, proper a independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they re unmarried. Each may, for his or her separate use or benefit, conduct carryon and engage in any busine s, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND s all not harass, disturb or malign each other or the respective families of each other. -4 - 7. EQUITABLE DISTRIBUTION. HUSBAND and WIFE have agreed to an equal distribution of their real property, vehicles, sports vehicles, investments, checking and savings accounts, retirement funds and husband's bu iness as further described herein. 8. DEBTS. HUSBAND represents and warrants to WIFE that since the filing of the divorce he h s not and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands mad against her by reason of such debts or obligations incurred by him since March 31, 2004, WIFE represents and warrants to HUSBAND that since the filing of the Divorce sh has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his tate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claim and demands made against him by reason of such debts or obligations incurred by her since March 31, 20 The parties agree that any remaining joint credit card accounts will be closed. 9. INVESTMENTS. HUSBAND and WIFE stipulate and agree that they shall distribute the following inv stment assets WIFE as follows: Asset Vanguard Tax Exempt Fund 45 Vanguard Healthcare Fund 52 Vanguard Windsor Fund 73 Vanguard Healthcare Fund 52 Vanguard Tax Exempt Fund 45 Total: Value $101,600 $41,381 $23,696 $40,972 $21,850 $229,499 Account 9910435371 9910435371 9910435371 9782444105 9782444105 - 5 - The date of valuation of these assets was agreed upon by the parties as March 31, 2004. Wife acknowledges receipt of advances totaling $19,800 which were paid from March 31, 20 to the date of execution of this agreement. Said advances were paid from the Vanguard tax exempt fun 09781444105. Therefore, Wife shall receive a total of $2,050 as a full transfer of this account. HUSBAND and WIFE stipulate and agree that they shall distribute the following Inve tment assets to HUSBAND as follows: Asset Value Vanguard Tax Exempt 5371 Vanguard Healthcare 5371 Vanguard Windsor 5371 Total: $12,159 $11,000 $11,000 $34,159 10. RETIREMENT FUNDS. HUSBAND and WIFE stipulate and agree that they shall distribute the following reti ment funds to WIFE as follows: Asset Value Account Waypolnt KEOUGH $72,115 1210000142 Waypoint IRA $30,167 1100011238 Waypoint IRA $3,357 1110004928 Waypoint IRA $3,357 1110004929 Commerce SEP-IRA $1,012 0012000314 Fidelity SEP-IRA $43.451 Total: $153.459 - 6 - HUSBAND and WIFE stipulate and agree that they shall distribute the following re 'rement funds to HUSBAND as follows: Asset Value Northwestern Mutual Life Variable Annuity Vanguard Simple Plan Total: $181,503 $22,925 $204,428 Within 30 days of the execution of this Maritai Settlement Agreement, HUSBAND counsel shall prepare all Qualified Domestic Relations Orders necessary to effectuate the transfers contai ed herein. Said documents shall be provided to opposing counsel for review and approval prior to its ad inistration. The parties agree to cooperate in this regard. 11. LIQUID MARITAL ASSETS. WIFE shall retain her Commerce Checking Account, which for purposes of this di ribution, has a value of $3063. HUSBAND relinquishes all right title and interest in this account. HUSBAND shall retain the following Checking and Savings Accounts, which for p rposes of this distribution have values as follows: Account Value Members 151 checking PNC Checking account PNC-CLD checking Waypoint savings BB& T checking Commerce Savings Total: $7,024 $15,230 $5,564 $659 $4,439 $10,798 $43,714 The parties agree that they have no other joint bank or credit union accounts and that existing joint accounts and individual accounts have been divided to their satisfaction. - 7- Any individual accounts owned by the parties shall become the sole and separat property of the party in whose name the account is currently titled and both parties waive any rights they ay have to lhe bank or credit union account(s) of the other. 12. HUSBAND'S OPTOMETRIC PRACTICE. HUSBAND established his optometric practice prior to the marriage. For p rposes of this Agreement, HUSBAND and WIFE agree to a value of $50,000 for HUSBAND's non-dispe sing optometric practice which shall be retained by HUSBAND. WIFE hereby relinquishes any and all clai s that she may have to this asset. 13. NORTHWESTERN MUTUAL LIFE VARIABLE ANNUITY BENEFICIARY. HUSBAND shall designate WIFE as beneficiary of this annuity which designation hall remain in effect until May 30, 2012. for any unpaid the balance due on the alimony obligation furth r described in paragraph 19 of this Agreement. HUSBAND shall provide the Northwestern Mutual Life rep esentative with permission to release beneficiary information to WIFE upon her request, until May ,2012. After HUSBAND's last alimony payment has been made, HUSBAND shall be free to redesignate is beneficiaries on this account as he deems proper. In the event that HUSBAND does not reduce the a aunt of benefit payable to WIFE annually and HUSBAND subsequently dies, WIFE shall be entitled to receve the amount designated on the most recent beneficiary form. however. she agrees to divide any overage e ually between the parties' children. For purposes of calculating the unpaid balance of the alimony obligatio to be satisfied in the event of HUSBAND'S death, the parties agree that the following annual values shall ap Iy: For the year June 2004 - May 2005 June 2005 - May 2006 June 2006- May 2007 June 2007 - May 2008 June 2008 - May 2009 June 2009- May 2010 June 2010- May 2011 June 2011- May 2012 Value $18.000 $16.200 $14,400 $12.600 $10,800 $10,500 $8.700 $6.900 - 8 - 14. REAL ESTATE. HUSBAND and WIFE are the owners of a residence at 1315 Strafford Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania, which was HUSBAND'S premarital propert . The residence served as the marital home and serves as the location of both parties' businesses. The p rchase price on the November 30, 1978 deed was $61,000. The parties subsequently married. The parti s stipulate and agree that the premarital purchase price be deducted from the value of the residence Ie ving an agreed upon marital value for the property of $190,760. The parties stipulate and agree that as part of the equitable distribution plan which they have constructed, HUSBAND shall retain the marital home a d the contents thereof. HUSBAND and WIFE agree that promptly upon request from HUSBAND, WIFE sha I execute a quit claim deed conveying all of her right, title and interest in the marital home to HUSBAND alon The parties agree that WIFE may use her current office space located in the marital ome until April 30, 2005. WIFE shall not be subject to any rental costs associated with this usage. WIF shall provide insurance coverage for her business operation. WIFE is the owner of a home at 149 Allendale Way, Lower Allen Township, Camp ill, Cumberland County, Pennsylvania which is unencumbered. The residence was purchased with an a vancement of $175,020 which was withdrawn from the parties' joint Vanguard investment account. WIFE nd HUSBAND agree that promptly upon request from WIFE, HUSBAND shall execute a quit claim deed con eying all of his right, title and interest in the Allendale Way home to WIFE alone. 15. SPORTS VEHICLES AND PERSONAL PROPERTY. HUSBAND and WIFE agree that WIFE shall receive the corner hutch, chandelie , three family bicycles and a Windsurfer from the home at Strafford. HUSBAND shall retain the remaining ontents of the Strafford home, (valued at $20,000) in consideration for which HUSBAND gave WIFE ache k for $20,000 for the purpose of furnishing the home at Allendale Way. WIFE acknowledges receipt of said unds. HUSBAND and WIFE agree that HUSBAND shall receive: S2 30 foot Sailboat Zodiac Dinghy $26,500 $200 4hp outboard motor Laser 2 sailboat $200 $800 - 9 - Windsurfer $350 Tubular ice boat $100 Worlds' Sunfish Sailboat $1,000 Racing bicycle $500 Kittihawk Fold/Trailer $500 Laser 2 Trailer $500 DN ice boat (2) $500 The parties agree that the children and WIFE have personal belongings which remai in the Stratford home at the time of the execution of this Agreement and which, the parties agree, may e retrieved with advance nolice to HUSBAND at a mutually agreeable time. Some books and decorative it ms were left at the marital home to aid in transition for the children. WIFE shall remove them within 4 years. The contents of the children's rooms and the toys in the playroom shall belong solei to the children and will remain at the marital home until the children remove them, or within 45 days of Hu band's request for their removal. This assures they are the property of the children but allows your client to cl ar out the house as he sees fit. 16. CHILD SUPPORT. HUSBAND shall pay WIFE the amount of $1500 per month in child support for e parties' son Michael L. Wagman, born May 27, 1990. This amount is to include HUSBAND's contri tion for extra- curricular expenses, including but not limited to, those such as scouting, bowling, TSA p rticipation, and music lessons. This payment shall continue until Michael is eighteen years of age and sh I terminate the month that he has graduated from High school. Payments shall be made by HUSBAND WIFE by the fourth day of the month. WIFE acknowledges that there are no arrears or past due am unts as of the execution of this Agreement. It is the specific intent and agreement of the parties that the mo thly amount of child support not change by reason of WIFE'S increased earnings by reason of her return to t e work force. The monthly amount of the child support may be modified only upon written agreeme of the parties. Upon the happening of the following conditions: (1) substantial reduction in earning which 0 urs by reason of a disability in excess of 90 days duration or (2) a substantial involuntary reduction 0 either party's earnings, not based on disability, for a period of 1 year or more, modification may be consid red. Should a substantial involuntary reduction in earnings occur, the parties agree to re-open the dialogu regarding the child support obligation. However, the re-opening of the dialogue shall not require that there e a change in the amount of child support paid. For purposes of this Agreement, "substantial reduction" shall mean a reduction of net income in excess of 25% from WIFE'S imputed gross earning capacity of orty thousand - 10- ($40,000) dollars per year and HUSBAND'S 2003 gross earnings of $116,912. The part s stipulate and agree that the re-opening of the dialogue shall require each of them 10 share full and ir disclosure of current information regarding their income and earning capacity. Absent a written agreemen of the parties to modify child support, said amount shall remain non-modifiable. Notwithstanding the above, should Michael live with HUSBAND more than 50% of the time (as defined by over night visits) for a period greater than 30 days, the child support may be mo if/able based on the then exisling law. This is the only circumstance applicable for modification and will not in any way impact WIFE'S entitlement to alimony. HUSBAND will continue to cover the children and WIFE on his health insurance Ian as long as legally permitted, but for no longer than the period for which WIFE receives alimony. Howe er, in the event that WIFE is able to obtain comparable coverage through her employment, at less expense that that which HUSBAND has, WIFE will provide coverage for the children and HUSBAND will reimburse IFE'S cost for the insurance premium and the co-pays under the new plan. HUSBAND agrees to pay 100% of all medically necessary unreimbursed medical expenses for the children, as well as for any mutually ag eable elective medical care. Should HUSBAND successfully petition to decrease child support, WIFE'S alimony ward shall be increased dollar for dollar for the amount of the decrease. For example, if child support is dec ased by $200 per month, WIFE shall receive an additional $200 alimony. Should WIFE successfully petition to increase child support, WIFE'S alimony shall be decreased dollar for dollar for the amount of increase. For example, if child support is increased by $ 00 per month, WIFE shall receive $200 less in alimony. 17. CUSTODY. The parties stipulate and agree that they will continue to share physical cust responsibilities and privileges in a fashion that is flexible and considers input from the child. continue to share legal custody of their children to include decisions regarding use of educational investments. - 11 - dy, parenting he parties will he children's 18. INVESTMENTS HELD FOR THE BENEFIT OF THE CHILDREN. The parties stipulate and agree that the Vanguard Plans and the Waypoint cu todial accounts created for the benefit of the children, shall be excluded from the marital estate and retain d to be used for the post high school tuition, books, dormitory room and board, and educational expense of the child for whose benefit they were created. HUSBAND will cooperate with changing the guardian n the Vanguard Plans for the children to WIFE. It is agreed that the Vanguard accounts shall be administer d by WIFE with consultation and agreement by HUSBAND and that the Waypoint custodial accounts creat for the benefit of the children s shall be administered by HUSBAND with consultation and agreement by WI E. HUSBAND agrees that he will also contribute $50,000 toward Michael's colleg expenses and $46.000 toward Nicole's college expenses, including but not Iimiled to tuition, dormitory r om and board, books, educational supplies and travel. (The amount for Nicole has been reduced by funds reviously spent for Nicole.) For purposes of this paragraph, educational supplies shall include art supplie for Nicole and travel expenses shall mean those costs associated with travel to and from college on seme ter or trimester breaks. In the event that there are funds remaining after the children complete college, or if ither child does not receive a college degree, those funds shall be disbursed to the children when they reac the age of 25. WIFE agrees to timely submit all bills and expenses for payment by HUSBAND. Because the parties cannot predict or control what resources they may have availabl to them in the future, should these funds not be sufficient to fund the children's undergraduate education, hey agree that they will discuss the options for funding the child's/children's education and consider the f lowing factors: income of each parent at the time, a prorata contribution, and a contribution by the child. 19. AUTOMOBILES. HUSBAND and WIFE agree that WIFE will retain the value of the 2003 Honda Accord ($18,825) and the 1993 Mercury station wagon which are unencumbered. WIFE shall be solely responsi e for all costs associated with the vehicles, to include insurance, maintenance, and other costs or fees related to the vehicles. HUSBAND and WIFE agree that HUSBAND shall retain the 2003 Subaru WRX $20,115), the Chevrolet Motor home ($4890) and the Kawasaki Motorcycle ($1750), which are u encumbered. - 12- I HUSBAND shall be solely responsible for all costs associated with lhe vehicles, to in lude insurance, maintenance and other costs or fees related to the vehicles. 20. ALIMONY. The parties stipulate and agree that HUSBAND shall pay WIFE alimony in acco dance with the following chart: Months Amount per month June 2004 - May 2005 June 2005 - May 2006 June 2006 - May 2007 June 2007 - May 2008 June 2008 - May 2009 June 2009 - May 2010 June 2010 - May 2011 June 2011 - May 2012 $1,500 $1,350 $1,200 $1,050 $900 $875 $725 $575 Payments shall be made by HUSBAND to WIFE by the fourth day of the month Alimony shall terminate upon the death of either party, WIFE'S cohabitation in excess of thirty consecuti e days, or her remarriage. The monthly amount of the alimony may be modified only upon the happening f the following condition's: (1) a substantial reduction in earnings of either party which occurs by reason 0 a disability in excess of 90 days duration, or (2) a substantial involuntary reduction of either party's earning not based on disability, for a period of 1 year or more. Should a substantial involuntary reduction in earn parties agree to re-open the dialogue regarding the alimony obligation. However, the re- pening of the dialogue shall not require that there be a change in the amount of alimony paid. For p rposes of this Agreement, "substantial reduction" shall mean a reduction of net income in excess of 250 from WIFE'S imputed gross earning capacity of forty thousand ($40,000) dollars per year and HUSBAN S 2003 gross earnings of $116,912. The parties stipulate and agree that the re-opening of the dialogue sh I require each of them to share full and fair disclosure of current information regarding their income and earn ng capacity. If the parties do not agree to modification in writing, no modification or reduction in alimony shall ccur. - 13- The parties intend and agree that, for purposes of Federal Income Taxation, such p yments shall be treated as tax deductible to HUSBAND and includable in WIFE'S income. HUSBAND and WIFE waive any and all claims to spousal support, separate m intenance, and alimony pendente lite. 21. 2004 TAXES AND PAST TAXES. The parties intend to finalize the divorce during 2004 and intend to file separate tax r turns for 2004. The parties acknowledge that HUSBAND'S payment of alimony in the amount of one thous d five hundred ($1500) dollars per month commencing with the payment for June 2004 shall be deductibl to HUSBAND and includable in WIFE'S income. The parties have heretofore filed joint Federal and state tax returns. Both parties a ree 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 them, each will indemnify and hold harmless the other from and against any 10 s or liability for any such tax deficiency or assessment and any interest, penalty and expense incurre in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the i dividual who is finally determined to be the cause of the misrepresentations or failures to disclose the natu and extent of his or her separate income on the aforesaid joint returns. HUSBAND shall be entitled to claim the dependency exemption for the parties' ild, Nicole M. Wagman. WIFE shall be entitled to claim the dependency exemption for the parties' c i1d Michael L. Wagman. WIFE agrees to cooperate with HUSBAND by signing and delivering to him the 83 2 form, or any other Federal Income Tax form needed to effect the transfer of the dependency exemptio s HUSBAND. Provisions of this paragraph relating to insurance and dependency exemptions shall also ap Iy to Nicole M. Wagman as long as she qualifies as a dependent for health insurance purposes or und r the Internal Revenue Code. 22. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry throu h the terms of the Agreement, including but not limited to the signing of documents. Contemporaneously wit the execution - 14. of this Agreement, the parties will sign Affidavits of Consent and Waivers of Notice of Intent 0 Request Entry of a Divorce Decree. 23. ATTORNEY FEES. COURT COSTS. HUSBAND has paid for a portion of WIFE'S legal expenses and for his own egal expenses. HUSBAND shall be responsible for paying for the expenses associated with preparation 0 this Agreement and any Qualified Domestic Relations Order(s) needed to effect the intent of this agree en!. HUSBAND shall further be responsible for costs associated with the preparation and recording of the eeds releasing each party's interest in the residence of the other. Each party hereby agrees to be solely re ponsible for the balance of his or her own counsel fees, costs and expenses. Neither shall seek contribut n thereto from the other party except as otherwise expressly provided herein. 24. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that there is a dispute regarding the Agreement, the parties agree return to the Collaborative Law Process to address their concern(s). However, in the event that the parti are unable to resolve the dispute in the Collaborative Law process and either party breaches any pr visions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the reaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether nforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching p rty shall not be required to pay fhe other party's attorney's fees, costs and expenses of the other party in th absence of a written demand provided to the counsel of record or to the party alleged to be in breach at t eir last known address. Demand shall be adequate if it is sent via certified mail to the alleged breachi g party, or by regular U. S. mail to counsel of record, and provides at least fourteen (14) calendar days f r compliance. For purposes of this provision, and in absence of notice to HUSBAND to the contrary, presumptive correct address for notice to the WIFE shall be: Kathy M. Kyle 149 Allendale Way Camp Hill, PA 17011 - 15- For purposes of this provision, and in absence of notice to the WIFE to the contrary, the presumptive correct address for notice to the HUSBAND shall be: Edward M. Wagman 1315 Strafford Road Camp Hill, PA 17011 In absence of a notice to the other party of change of address, a breaching or al eged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under th paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by th nonbreaching party in protecting and enforcing his or her rights under this Agreement. 25. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital a d non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules f Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, ny all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital a d non- marifal property, equitable distribution, spousal support, alimony pendente lite, at many, counsel fees and costs and expenses; and -16 - (f) The right to have a business valuation of their professional practices. 26. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined declared to be void or invalid in law or otherwise, then only that ferm, condition, clause or provision shall e stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full orce, effect and operation. 27. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylv nia. 28. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no presentations, warranties, covenants or undertakings other than those expressly set for herein. 29. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambig ity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the ay first written /,--- :233301 - 17- I. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF Can L!LL ddA Lf/,__ ss. On the {<;;fl.i day of '11f)ti11{ dI1 , 2004 before me, a Notary Publ c in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KATHY M. YLE. known to me (or satisfactorily proven) to be one of the parties executing the foregoing instr ment, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS hand an notarial seal the day and year first above NOTARIAL SEAL CASSANDRA T. ROSEN8AlJU,_NlIc () . .I -; I A , Camp~"Boro.CumberlanclColIlIy L'lMlUJrC'!.IU_. ~iL (.(/7'J1..-- . MyCOmml8Slon Explres Oecember4.2004 Notary Public written. COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.l~ .t lUL L ss. On the / (; 1!J,- day of MVt:. ~L , 2004, before me. a Notary Publi in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared EDWARD M. WAGMAN, known to me (or satisfactorily proven) to be one of the parties executing the foregoing inst ument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and ear first above written. NOlarial Seai Kristae K Myers, Nolaty Public Lemoyne BOlO, Cumbel1and County My ComnISS/Qn Expires Dec. 2. 2006 Member. Penns;1vania Association Of Notaries - 18 - Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EDWARD M. WAGMAN, Plaintiff IN THE COURT OF COMM PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA NO. 04-2265 CIVIL RM CIVIL ACTION - L W IN DIVORCE v. KATHY M. KYLE, Defendant AFFIDA VIT OF CONSENT 1. 19, 2004. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed or about May 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety day have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of inte tion to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand hat the Court maintains a list of marriage counselors and that I may request the Court require my sp use and I to participate in counseling and, being so advised, I do not request that the Court require that m spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct. I underst nd that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn alsification to authorities. oate:4u1oJ I ;233596 "--:1 -"i'l c:"~, :",) Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff EDWARD M. WAGMAN, Plaintiff IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA NO. 04-2265 CIVIL RM CIVIL ACTION - L W IN DIVORCE v. KATHY M. KYLE, Defendant 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, I wyer'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 ourt 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 underst nd that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: II-/~ -0,/ :233596-2 ) ;1 -\ \"\: , -- ~-,.") r<} ~. -, ------ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA NO. 04-2265 CIVIL T RM CIVIL ACTION - L W EDWARD M. WAGMAN, v. KATHY M. KYLE, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. 19,2004. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed 0 or about May 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety day have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of inte ion to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand hat the Court maintains a list of marriage counselors and that I may request the Court require my sp use and I to participate in counseling and, being so advised, I do not request that the Court require that m spouse and I participate in counseling prior to the divorce becoming final. Date: A/oV 10 c:J.ro1 I verify that the statements made in this Affidavit are true and correct. statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn alsification to authorities. :233596-3 () -Ti ( :"'-,-) Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff EDWARD M. WAGMAN, Plaintiff IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA NO. 04-2265 CIVIL T RM v. KATHY M. KYLE, IN DIVORCE Defendant 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, I wyer'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 ourl 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 underst nd that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn alsification to authorities. Date:/'Jo V { ~ d.rJd if ; :233596-4 ....'.') :;1 i (.,J -,I ~"',,) EDWARD M. WAGMAN, IN THE COURT OF CCMMON P EAS OF aJMBERLAND COONTY, PENNS VANIA Plaintiff NO. 04-2265 CIVIL TERM vs. KAlliY M. KYLE, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information; to the co t for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant's counsel on May 28, 2004 and filed with this Court on June 7, 200 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Secti n 3301 (c) of the Divorce Code: by the plaintiff November 20, 2004 by the defendant November 18, 2004 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defen nt: 4. Related claims pending: None. The Marital Settlement Agreement dat d November 18, 2004 shall be inco rated but not mer ed, into the Decree in Divorce. 5. Indicate date and manner of service of the notice of intention to f' e praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on November 16, 2004 and filed con curren ly he~ewith. Waiver of Notice signed by Defendant on November concurren 1 y herewith. 6 Attorney for Plaintiff/ Melissa Peel Greevy Atty 1.0. #77950 " , , i',,,) f'...... .--- '+' '+''+':+.:+.:+.:li:+.:f.'+':f.'+':f.'+' '+''+''+' '+':+. Of.:f. :+.:f.:+. + +:f.:+. + '+' + '+''+' '+''+''+' '+: Of. + Of.:f.:+':f.:f. '+''+' '+''+' '+''+' '+:'+':+.:f.:+.:+.:+. +:+.:+.:+. '+':+. '+':+.:+. '+':f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . < ++ + + :f. :f. + :f. '+' IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY STATE OF PEN NA. EDWARD M. WAGMAN, Plaintiff No. 04-2265 CIVIL TERM VERSUS KATHY M. KYLE, Defendant DECREE IN DIVORCE :f. :f. :f. :+. +. + + +. ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+.++++++++ AND NOW, l)c.<~ g J I(),'),3 4. .*"1. 2004 , IT IS ORDERE DECREED THAT EDWARD M. WAGMAN , PLAINTIFF, AND KATHY M. KYLE , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC AND BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H S NOT HAVE PROTHON TARY YET BEEN ENTERED; The Marital Settlement Agreement dated November 18, 2004 shall be but not merged, into this Decree in Divorce and is enforceable as an Court as prOVl Pa. C.S. Y ATTEST: +'+':f.+:f.++:f.'+'+:f.++++:f.'+':f.++:+'+:f.+++++:+':f.:f.:+':f.+++:f.+'+'+:f.:f.+++++:f.+ J. 1-2""7-;; f2z/ ;! ~/ ~qL,,,,c? 9,. (/ #?mp.,- ~7 ? r-/ ~ ./'1/ /,0 !> c, (C-' ') >i " ..