HomeMy WebLinkAbout01-7198
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
NO. 01- 7Jif eio'L '-r~
BRADLEY A. WEVODAU,
Plaintiff
ANNETTE F. WEVODAU,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown ofthe marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD, ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v,
)
)
)
)
)
)
)
NO. 0\- 7/Qp C0;L~~
BRADLEY A. WEVODAU,
Plaintiff
ANNETTE F. WEVODAU,
Defendant
CML ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, Bradley A. Wevodau, by and through his counsel, Howett,
Kissinger & Conley, P.C., who states the following in support of the within Complaint:
1. Plaintiff is Bradley A. Wevodau, an adult individual who currently resides
at 920 Red Mill Road, Etters, York County, Pennsylvania 17319.
2. Defendant is Annette F. Wevodau, an adult individual who currently
resides at 318 Juniper Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding
the filing of this Complaint.
4. Plaintiff and Defendant married on January 1, 1986 at New Cumberland,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailor's Civil Relief Act of
the Congress of 1940 and its amendments,
6. There have been no prior actions for divorce or annulment ofthe marriage
instituted by either ofthe parties in this or any other jurisdiction.
7. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the court require the parties to participate in counseling.
COUNT I _ DIVORCE PURSUANT TO &330Hc) OR Cd) OF THE DIVORCE CODE
8. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken,
WHEREFORE, Plaintiff respectfully requests the court enter Decree of Divorce
pursuant to ~330l of the Divorce Code.
COUNT II - EOUITABLE DISTRIBUTION
10. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
11. Plaintiff and Defendant have legally and beneficially acquired property,
both real and personal, during their marriage, which constitutes "marital property" as defined by
~3501(a) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the court equitably divide all marital
property.
/:2-/;,10/
,
Res~~~~.... ,Y'
-,,~/ .,~
....... /
Donald T. Kissinger, Esquire.
HOWETT, KISSINGER & CONLEY, P,C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Bradley A. Wevodau
Date:
VERIFICATION
I, Bradley A. Wevodau, hereby swear and affirm that the facts contained in the foregoing
Cc"mtpl~inr in ni'\lnr("",:l
are
true and correct to the best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
Date:
12/26/01
~
:Bra A e odau
Q
1\
~~
{) ~
- lJ'
-t
r
-
~
'............
..ol'r)~~~
.CI). . . .
a B~g"1
I I I C>
~
~~ ~
~t
cr
~
8 0 0
~ "
c::l
[gO:i ", .,,/
r1" r) :r; _"
2-0 "if~
2-' I'\,)
C/)2; :~?
=<z -.l
~Ci -0 ~C) G
~(') ::Jr: i~~~
SO r:-? ain
f;
..r.;. =-1
=< U1 ~;
--J -<
-
~'.. - .. -.-.'-'.--:.-=s ~
r-. i?=
If"; .2
N ::J
CJ~
~ U~
~'1....
Q.. C):>
r-.. :::52
N '..L:;~
{:y:!~
L) wJ(i]
L.J
Cl C.Qc...
L:._ <:
C) ::,)
c:) 0
u
~,:t; ~
>='
~fj f;ol
~>1iS ~ ~ 2
o :::;
tl)j:j ut;;:~
!~~ g ... GO ~
i:>otJ..:~>
Cl :lcr:&;<Q;::
.. .. 5:lf;olfo"'~
~ ~ ~ ~~3e~
~~5 B B , ~",~ocS
~~ ~~ -<C'-) foOl
..Jl';I.)OCl)~
~,' :;;;"'010
+J - ... ;
. .: r.:~ ~ Ol
,:t; 'rl -<
S nl ~ :c
A1 . f~
~ g :> f;ol
~ ~
0
~ CJ =
.
.
. ,
~, J
LAw OFFICES OF
HOWETT, KISSINGER & CONLEY, P.C.
130 W Al..NUT STREET
POST OFFICE BOX 810
IWwsBURG, PENNSYLVANIA 17108
,---,. --~-...,....,-........,.-....,--....---
..
. (
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
NO. ot~ 111'( Uv;(
~
Jtv-.......,
BRADLEY A. WEVODAU,
Plaintiff
ANNETTE F. WEVODAU,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT
UNDER S330Hd) OF THE DIVORCE CODE
I. The parties to this action separated on or about June 2, 1999 and have
continued to live separate and apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
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. 94904 relating to unsworn
falsification to authorities.
Date: /.;:(/..:;y ~,
!.,
(") c:> 0
c.: N "Tl
;!:: C- :'-,-1
~FE )> ;--;,2]
Z
I 11-11
~~ .&:"'" -:bO
-'"- i::)(h
;:::0 -0 ~-2::I'
()_U
~8 3: ~.O
"'.::'- r11
~ r:-i' ~
c:
~ ~ ~
...J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRADLEY A. WEVODAU,
Plaintiff
v.
ANNETTE F. WEVODAU,
Defendant
)
)
)
)
)
)
)
NO. 01-7198 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Thomas E. Taylor, being duly sworn according to law, depose and say that I am a
competent adult; that I served a true and correct copy of (I) the Complaint in Divorce and
(2) Plaintiffs Affidavit Under g3301(d) of the Divorce Code on Annette F. Wevodau on the
/07ldayofJanuary, 2002. / .J'f'7 c);31 I~ -mv,;fJ'tJ~/
tpriHtZ l'1~glV!.i' I~~~""'.
Thomas E. Taylor
d before me
this&day
,2002.
... .Jias:'ule.IOTIoIIYMUC
OF lIMIPIlIII COUIllY
J'~ ,h-..
ft,S/?l?c::IGf' I 17- ~~
~{ &)1//011 II ~ t;
~vr- ;J"7Tl't-r ~~
~JLE /19
.; -
~
8 <:::> Cf
s:- ,,-, TJ
rR!11. ~ '.q'
2:' ;,;: ., "
z:o ..
Ci)r;,: m
~-. "3(:7
"'.
~O " .:-.-?(~;
~O ,"'i,
:J.: {'-;Co I,
5>0 ~ "~:j(:s
~ <:5iTI
0 ';::!
0 s:.
-<
.",>
ma JftFI1 r'l
"JM YlI;'TllIl ~M "~ It Al!OI
YT:~.)O~ WHQIJAQ ,lllltJ&ZIR9AM 1<1 ""
....l.:":f, .~, .ali~ t3ft1'lX3 ~O'22IMMO:J VM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
NO. 01-7198 CIVIL TERM
BRADLEY A. WEVODAU,
Plaintiff
ANNETTE F. WEVODAU,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COUNTER-AFFIDAVIT UNDER 1I330Hd) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart for a
period of at least two years.
/
-l,.L (ii)
The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a)
I do not wish to make any claims for economic relief. I understand that I may lose
rights concerning alimony, division of property, lawyer's fees or expenses ifI do
not claim them before a divorce is granted.
L (b)
J wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. IfI fail to do so
before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree
may be entered without further delay.
I verify that the statements made in this counteraffidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904
relating to unsworn falsification to authorities. /J ,{ f
D"'h:24 ?o.? ~ J ~, II.L~-f
C Annette F. Wevodau, Defendant f~-
"\'
(')
c:
"O~
~I:D
ZT1":
z::T:'
~~,
~O -
~(') .."
;SO :;::
c::: N
~ ;;.
-
o
N
I~
CO
I
lfI
":j
;:;~I~
.:?
I f:;)
~:_5 ::d
>;,.C)
drn
!!fJ
-<
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
BRADLEY A. WEVODAU,
Plaintiff
NO. 01-7198 CIVIL TERM
ANNETTE F. WEVODAU,
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF l).!l f l, ll.; )
Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in
the above-captioned matter; that he personally knows the Defendant, Annette F. Wevodau, is
over the age of 18 years; and that she resides at 318 Juniper Drive, Carlisle, Cumberland County,
Pennsylvania, 17013; and that she is employed as a bank teller at Commerce Bank located in
Carlisle.
Plaintiff further avers that the Defendant is not in the military service or any branch of the
armed forces of the United States or its allies or otherwise within the provisions of the Soldiers'
and Sailors' Civil Relief Act ofthe Congress of 1940 and its amendments.
Date: 3 )c;fiL--
,
ey . Wevodau, Plaintiff
GIVEN UNDER MY HAND AND SEAL OF OFFICE this (~ day of
l\.\ 11 v-c-t... , 2002.
0vv~ Q, y~
Notary Public i . and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
J,~ .1,-
:'1Jt:,ft1 'f?'y,"l
)'i,:;;i}~ '
,,_!0~:~~.1..~_..2.!.L~.
..
() c:' C)
~ 1"0 'll
,j ~ :x
rr ~::J
en Iri
Z'1 '::0 '-:';-1
25' N h..
(/) .. 0 Cl
~2; .'n Z~)
ec~. -T,
-..... ^"") :'.~
Lr"-". ()
>'_i ,
C ~ , rn
,-
~ .:.", :;;.::J
:D
--<
!~"'.'lH!G..
' ,'t
: 'r,~
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DNORCE
BRADLEY A. WEVODAU,
Plaintiff
NO. 01-7198 CIVIL TERM
ANNETTE F. WEVODAU,
Defendant
NOTICE
If you wish to deny any of the statements set forth in this Affidavit, you must file a
Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT
UNDER &330Hd) OF THE DIVORCE CODE
1. The parties to this action separated on or about June 2, 1999 and have
continued to live separate and apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
Date: 3k )'L-
,
7
4 '
adley A. Wevodau
.'
.'
. .
o
c
:;;:::
-oc"
rnj.[
Z::I!
Zr'.'
(J) ]:,
-<::~.
~C'
,i'-'c
~c.~
)>c
''''
~
"
Cl
N
:J:
....,:.'"
~O
r-.)
o
o
.,
---I
;jlfI1
m
"- CJ
::C)
.'-'r,
,"'4"1'1
,2(:;
;:c:::rn
,-,
~
-<
-n
~
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
. )
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
BRADLEY A. WEVODAU,
Plaintiff
NO. 01-7198 CIVIL TERM
ANNETTE F. WEVODAU,
Defendant
INVENTORY OF PLAINTIFF
Plaintiff files the following inventory of all property owned or possessed by either party
at the time this action was commenced and all property transferred within the preceding three (3)
years.
Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff
understands that false statements herein are made subject to the penalties of 18 Pa. C.S.g4904
relating to unsworn falsification to authorities.
Date: .3/4/ L-
ASSETS OF THE PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages.
(X) 1.
(X) 2.
(X) 3.
( ) 4.
( ) 5.
( ) 6.
( ) 7.
( ) 8.
( ) 9.
( ) 10.
( ) II.
(X) 12.
( ) 13.
( ) 14.
(X) 15.
( ) 16.
( ) 17.
( ) 18.
(X) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
( ) 24.
( ) 25.
( ) 26.
Real Property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business
Employment termination benefits - severance pay, worker's compensation
claim/award
Profit sharing plans
Pension plans
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty
Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or equitable
interest, individually or with any other person, as of the date of this action was
commenced:
ITEM DESCRIPTION OF PROPERTY NAMES OF ALL
# OWNERS
1 Commercial Cleaning Systems (subchapter S Corporation) Husband and Wife
2 Portion of Montgomery Scott IRA Husband
3 Portion of Edward Jones IRA Wife
4 Prudential Securities Account Husband and Wife
5 1995 Plymouth Voyager automobile Husband and Wife
6 Various TFT Financial Services Mutual Funds Husband and Wife
NON-MARITAL PROPERTY
ITEM DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS
#
1 Inheritance Husband
2 Montgomery Scott Brokerage account Husband
3 Residence at 920 Red Mill Road, Etters, P A Husband
4 Residence at 318 Juniper Drive, Carlisle, P A Wife
5 TFT Financial Services IRA Husband
6 Top Notch Cleaning Service, Inc. Husband
7 1995 Jeep Automobile Husband
8 Portion of Montgomery Scott IRA Husband
9 Portion of Edward Jones IRA Wife
PROPERTY TRANSFERRED
ITEM DESCRIPTION OF PROPERTY DATE OF PERSON TO WHOM
# TRANSFER TRANSFERRED
1 $53,000 from TFT Financial Services May of 1999 Wife
Mutual Funds
2 Proceeds from sale ofland 1999 Husband and Wife
LIABILITIES
No marital liabilities exist in this case.
Q
~r
,-:'. ,- ,,'
.J.'''f:::
~~-
--I
--<;
;.~;)
,~\J
r'~
--
'"
,"
~--')
'i)
C)
",)
~t
o
'";1
"
"
BRADLEY A. WEVODAU,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ANNETTEF.WEVODAU
Defendant
NO. 01-7198
IN DIVORCE
CIVIL TERM
ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE
AND NOW comes Defendant, Annette F. Wevodau, by and through her
counsel, Peter J. Russo, who responds as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied in part. Admitted in part. By way of further response, Defendant
avers that the correct date of marriage was November 1, 1986 at New Cumberland,
Pennsylvania.
5. Admitted.
6. Admitted.
7. Denied. Defendant has insufficient knowledge to respond.
COUNT 1- DIVORCE PURSUANT TO 63301Cc) OR Cd) OF THE DIVORCE CODE
8. The prior paragraphs of this answer are incorporated herein by reference
thereto.
9. Denied. By way of further response, Defendant avers that the marriage is
not irretrievably broken.
WHEREFORE, Defendant respectfully requests the court to deny the relief
requested by the Plaintiff.
COUNT 11- EQUITABLE DISTRIBUTION
10. The prior paragraphs of this Answer are incorporated herein by reference
thereto.
11. Admitted.
WHEREFORE, Defendant respectfully requests the court to deny the relief
requested by the Plaintiff.
NEW MATTER - ALIMONY PENDENTE LITE. ALIMONY.
COUNSEL FEES AND COSTS
AND NOW, comes Defendant, Annette F. Wevodau, through her counsel, Peter J.
Russo, who states the following in support the New Matter:
12. Defendant hereby incorporates by reference paragraphs 1 through 11 of this
Answer and New Matter as if each were set forth fully hereunder.
13. Plaintiff is without sufficient resources so as to pay for her reasonable needs,
counsel fees and costs of these proceedings.
WHEREFORE, Defendant respectfully requests this Honorable Court to award
Plaintiff alimony in an amount sufficient to meet her reasonable needs, counsel fees and
costs.
"'--.--
Date: 9 }~HI 00.
.0<._______
.. ;:;.l. ~
Peter J. Russo, uire
3800 Market Street
Camphill, PA 17011
- .
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BRADLEY A. WEVODAU,
Plaintiff
ANNETTEF.WEVODAU
Defendant
NO. 01-7198
IN DIVORCE
CIVIL TERM
VERIFICATION
I, Annette F. Wevodau, hereby swear and affirm that the facts in the forgoing
Answer and New Matter are true and correct to the best of my knowledge, information,
and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date: Dct ,01,-Q'2-
c:1tL~. /1J~
Annette F. Wevodau
BRADLEY A. WEVODAU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ANNETTE F. WEVODAU
Defendant
NO. 01-7198
IN DIVORCE
CIVIL TERM
CERTIFICATE OF SERVICE
I, Scott A. Stein, Esquire, counsel for Annette F. Wevodau. Defenant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Answer and
New Matter was served upon counsel for Plaintiff, Donald T. Kissinger, Howett, Kissinger,
& Conley, P.C., by depositing same in the United States mail, first class, on September
27, 2002, addressed as follows:
Donald T. Kissinger, Esquire
Howett, Kissinger & Conley, P.C,
P.O. Box 810
130 Walnut Street
Harrisburg, PA 17108
Date: 1/J cJ OJ.
, /
4A t:;~~
-Scott A. Stein, Esquir
Peter J. Russo, Esquire
3800 Market Street
Camp Hill, PA 17011
Telephone: 717-591-1755
Counsel for Defendant, Annette F. Wevodau
(")
C
?
""0(5:')
mp'
~~.
r"", .
<......
:?: c-:-
~8
z.
:::l
,
..
o
C'J
o
C-,
-f
I
o
-n
~1~
!Tj
o
~:~
:'ice)
~~ iT1
~~
~
--::J
:3:
:..,.,
r'J
BRADLEY A. WEVODAU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 7198 CIVIL
ANNETTE F. WEVODAU,
Defendant
IN DIVOItCE
DRDER OF COQRT
AND NOW, this /I.j71L day Of.!t~7 '
2003, the economic claims raised in the procdlngs having
been resolved in accordance with a marital settlement
agreement dated January 9, 2003, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
cc: ~arren J. Holst
Attorney for Plaintiff
J.
~cott A. Stein
Attorney for Defendant
>
L ~~{:~~
(JJ - ILJ -03
l,
~. "l .'
:f' ".",
h~'
;~;~..;....~
<..\;" '.....
V1N"",i !\'1)\SNN3d
)IN,~''''n r'" '",' '~""'fl""':)
, 11 " ), I '. ;', ,1 ':-""',"': \ \' I
.1 . \\.,..,,' ..' I .,.:r I\.,
L 1'1 ~(:
f,
l, i :.1 ~" .
i'lj \,~. i
("(\
,,,,.J
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
BRADLEY A. WEVODAU
AND
ANNETTEF.WEVODAU
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P.c.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Bradley A. Wevodau
Peter J. Russo, Esquire
LAW OFFICES OF PETER J. RUSSO
3800 Market Street
Camp Hill, PA 17011
Telephone: (717) 591-1755
Counsel for Annette F. Wevodau
TABLE OF CONTENTS
HEADING PAGE
1. ADVICE OF COUNSEL 2
2. DISCLOSURE OF ASSETS 3
3. PERSONAL RIGHTS 4
4. NO F AUL T DIVORCE 4
5. EQUITABLE DISTRIBUTION 4
(a) Marital Residence 4
(b) Furnishings and Personalty 5
(c) Commercial Cleaning Systems, Inc. 5
(d) Motor Vehicles 6
(e) Life Insurance 6
(f) Pension and Retirement Benefits 7
(g) Cash Accounts, Stocks & Investments 7
(h) Equitable Distribution Payment 8
(i) Miscellaneous Property 9
(j) Property to Wife 9
(k) Property to Husband 9
(1) Liability Not Listed 9
(m) Indemnification of Wife 10
(n) Indemnification of Husband 10
(0) Warranty as to Future Obligations 10
TABLE OF CONTENTS
(continued)
HEADING PAGE
6. ALIMONY, SPOUSAL & MAINTENANCE 11
7. CHILD SUPPORT 11
8. RIEGLER, SHIENVOLD & ASSOCIATES INVOICES 12
9. COUNSEL FEES, COSTS & EXPENSES 13
10. WAIVER OF INHERITANCE RIGHTS 13
11. WAIVER OF BENEFICIARY DESIGNATION 13
12. RELEASE OF CLAIMS 14
13. PRESERVATION OF RECORDS 15
14. MODIFICATION 16
15. SEVERABILITY 16
16. BREACH 16
17. WAIVER OF BREACH 16
18. NOTICE 16
19. APPLICABLE LAW 17
20. DATE OF EXECUTION 17
21. EFFECTIVE DATE 17
22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 17
23. HEADINGS NOT PART OF AGREEMENT 17
24. AGREEMENT BINDING ON PARTIES AND HEIRS 18
25. ENTIRE AGREEMENT 18
26. MUTUAL COOPERATION 18
27. AGREEMENT NOT TO BE MERGED 18
MARITAL SETTLEMENT AGREEMENT
911- -
THIS AGREEMENT is made this day of J c. '" ilAW \ /
- /
and between BRADLEY A. WEVODAU, of York County, Pennsylvania, and ANNETTE F.
;zvoJ
,~,by
WEVODAU, of Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Bradley A. Wevodau (hereinafter referred to as "Husband"), social security
number 190-58-8510, was born on January 13, 1962, and currently resides at 920 Red Hill Road,
Etters, York County, Pennsylvania;
WHEREAS, Annette F. Wevodau (hereinafter referred to as "Wife"), social security
number 202-58-8554, was born on November 5, 1964, and currently resides at 318 Juniper
Drive, Carlisle, Cumberland County, Pennsylvania;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
November 1, 1986 in New Cumberland, Pennsylvania;
WHEREAS, the parties have lived separate and apart si.nce on or about June 2, 1999;
WHEREAS, two children were born ofthe marriage between the parties, namely Rachel
Y. Wevodau, born February 26, 1988, and Bradley A. Wevodau, Jr., born May 25, 1990;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the: settling of any and all claims and
possible claims by one against the other or against their respective estates.
1
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her selection
(Donald T. Kissinger, Esquire for Husband and Peter J. Russo, Esquire for Wife). Each party
fully understands the facts and his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily, and that the execution of this Agreement is not
the result of any duress or undue influence, and that it is not the result of any improper or illegal
agreem~nt or agreements. In addition, each party understands the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, each party hereto still d(:sires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each
of the parties, and waives his and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any determination or
order affecting the respective parties' rights to alimony, alimony pendente lite, support and
maintenance, equitable distribution, counsel fees and costs of litigation.
2
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under thl~ Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or
she has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that
any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make or append hereto any further
enumeration or statement. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is
satisfactory to them. Each ofthe parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, that he or she will never at any
time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any
action of contention, direct or indirect, and allege therein that there was a denial of any rights to
full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to
have available full, proper and independent representation by legal counsel.
3
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other.
4. NO-FAULT DIVORCE. It is the intention of the parties, and the parties
agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution oftheir marriage and, thus, any divorce action with respect to these parties shall be
limited to a claim for no-fault divorce only.
5. EOUITABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge that during marriage
they maintained a leasehold estate. Thus, any reference to the Marital Residence refers to said
leasehold estate.
The parties further acknowledge that they each purchased a separate residence
following separation. Each party hereby waives, relinquishes and releases any and all past,
present or future right, title, claim and interest he or she may have in and to the new residence of
the other party.
4
(b) Furnishines and Personalty.
(1) The parties agree they divided by agreement between
themselves all furnishings and personalty previously located in the Marital Residence, including
all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
Except as otherwise set forth herein, each party shall retain as his or her sole and separate
property, free of any and all right, title, claim or interest ofthe other, all of the personalty and
furnishings currently in their possession.
(c) Commercial Cleanine Systems. Inc.
(1) The parties acknowledge that they are the joint owners of a
Sub-chapter S corporation known as Commercial Cleaning Systems located at P.O. Box 1442,
Mechanicsburg, Pennsylvania 17055-1442, in which Husband is president. With respect to
Commercial Cleaning Systems, the parties agree that Husband shall retain said business as his
sole and separate property and shall be permitted to take any action with respect thereto that he
deems appropriate as its sole and exclusive owner. Wife hereby specifically waives, relinquishes
and releases any and all past, present or future, right, title, claim and interest she may have in and
to Commercial Cleaning Systems, its cash accounts, accounts receivable and any and all
equipment or fixtures owned by the business.
(2) Husband agrees to be solely responsible for any and all
debts, liens, encumbrances, costs or liabilities associated with or attributable to Commercial
Cleaning Systems and further agrees to hold Wife and her successors, assigns, heirs, executors
and administrators indemnified and held harmless from any liability, cost or expense, including
actual attorneys' fees, which may be incurred in connection with the business. Wife agrees to
execute any and all documents necessary to effectuate the terms of this subparagraph, including,
but not limited to, the transfer of stock, upon presentment by Husband.
5
(d) Motor Vehicles.
(1) The parties acknowledge that during marriage they
maintained a 1995 Plymouth Voyager automobile, which was used by Wife following
separation. It is further acknowledged that Wife has since traded in the 1995 Plymouth Voyager
automobile for a new vehicle. With respect to the subsequently acquired vehicle, Husband
agrees that Wife shall retain possession of and receive as her sole and separate property the
vehicle along with all rights under any insurance policies thereon and with all responsibility for
payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any
and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his
property harmless from any and all liability, cost or expense, including actual attorneys' fees,
incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph.
(2) The parties acknowledge that they maintained a vehicle
during marriage, which Husband used following the separation. It is further acknowledged that
Husband traded in that vehicle for a 1995 Jeep automobile. With respect to the 1995 Jeep
automobile, Wife agrees that Husband shall retain possession of and receive as his sole and
separate property that vehicle along with all rights under any insurance policies thereon and with
all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and
hold Wife and her property harmless from any and all liability, cost or expense, including actual
attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this
subparagraph.
(e) Life Insurance. The parties acknowledge and agree that each
shall retain as his/her sole and separate property, any and all life insurance policies in his/her
name, free of any right, title and interest of the other party.
6
(1) Pension and Retirement Benefits. Wife and Husband each
hereby specifically releases and waives any and all right, title, claim or interest that he or she
may have in and to any and all retirement benefits (including but not limited to pension or profit
sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans,
individual retirement accounts or other similar benefits) of the other party, specifically to include
a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties
agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar
act that may be required from time to time to accomplish the purposes of this subparagraph.
(g) Cash Accounts. Stocks and Investments.
(1) The parties acknowledge that during marriage they
maintained several mutual funds with TFS Financial Services, specifically and AIM
Constellation Fund, Putnam Voyager Fund, and four (4) Franklin Templeton Funds. The parties
agree as follows with respect to said funds with TFS Financial Services:
(i) The parties agree that the four (4) Franklin
Templeton Mutual Funds were liquidated, one (1) prior to separation and three (3) shortly after
separation. Of the three (3) funds that were liquidated after separation, the proceeds thereof, in
the approximate amount of Fifty Three Thousand Eight Hundred Eighty Two Dollars
($53,882.00), were received by Wife. Wife shall retain the proeeeds as her sole and separate
property, and Husband hereby waives, relinquishes and releases any and all past, present or
future, right, title, claim or interest in and to the proceeds received by Wife from the liquidation
of the Franklin Templeton Funds;
7
(ii) As for the AIM Constellation Fund and the Putnam
V oyager Fund, the parties agree that Husband shall receive said funds as his sole and separate
property, and Wife hereby waives, relinquishes and releases any and all past, present or future
right, title, claim or interest in and to said funds or the monies contained therein.
(2) The parties acknowledge that during marriage they
maintained an Edward Jones account, from which Wife's Edward Jones Roth IRA is comprised.
The parties agree that Wife shall receive as her sole and separate property the Roth IRA that is in
her sole name within said Edward Jones account, which distribution to Wife is consistent with
paragraph 5(t), infra, pertaining to the division of pension and retirement benefits. With respect
to the remainder of the Edward Jones account not otherwise comprised of the Roth IRA, the
parties agree that Husband shall receive said account as his sole and separate property, and Wife
hereby waives, relinquishes and releases any and all past, present or future right, title, claim or
interest in and to the Edward Jones account or the monies contained therein.
(3) The parties acknowledge that shortly before separation
Husband opened a Prudential Securities account and a Southwiek Securities account with a
portion of the proceeds from the one (1) Franklin Templeton Mutual Fund that was liquidated
prior to separation. Husband hereby warrants that both accounts have been closed on account of
market losses which completely liquidated both accounts. Husband agrees to be responsible for
any fees or costs associated with the closure of said accounts and agrees to indemnify and hold
Wife and her property harmless from any liability, cost or expense associated with said accounts.
(h) Equitable Distribution Payment. Husband agrees that he shall
pay to Wife as and for equitable distribution the lump sum of Fifteen Thousand Dollars
($15,000.00). Said lump sum of Fifteen Thousand Dollars ($15,000.00) shall be paid to Wife no
later than thirty (30) days from the date of execution of this Agreement.
8
(i) Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; if untitled, the party in possession. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to
the other.
G) Prooerty to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. this Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
(k) Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
(I) Liability not Listed. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
described in this Agreement, on which the other party is or may be liable. A liability not
disclosed in this Agreement will be the so Ie responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify
9
and hold the other party and his or her property harmless from any and all debts, obligations and
liabilities.
(m) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
(n) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
(0) Warranty as to Future Obli2ations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. Prom the date of execution ofthis Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
10
6. ALIMONY. SPOUSAL AND MAINTENANCE. The parties agree that,
commencing December 2002, Husband shall pay to Wife the sum of Three Hundred Fifty
Dollars ($350.00) per month as and for alimony for the duration of eighty-four (84) months.
Said Three Hundred Fifty Dollars ($350.00) per month shall be paid in monthly installments on
or before the fifteenth (15th) of each month. This alimony payment shall be non-modifiable in
duration or amount, it being understood by the parties that they waive any right to modify the
terms of the alimony in a court oflaw or equity. Notwithstanding the foregoing, the parties agree
that the amount of Husband' s alimony obligation shall be subject to downward modification if,
and only if, Husband, through no fault of his own, suffers a substantial decrease or loss in income
through his present employment. Said alimony payments shall terminate prior to the duration set
forth above upon the first to occur of one of the following:
(i) Death of Wife;
(ii) Death of Husband;
(iii) Wife's remarriage; or
(iv) Wife's cohabitation, as that term is defined under
Pennsylvania law.
In the event that Husband becomes thirty (30) days in arrears on his support obligation, the
parties agree that Wife may seek enforcement through the local Domestic Relations Office and
may seek to have any additional alimony payments collected through said office by way of, inter
alia, wage attachment.
7. CHILD SUPPORT. The parties acknowledge the existence ofa child
and spousal support order through the Cumberland County Domestic Relations Office, P ACSES
Case No. 048101220. With respect to said support order the parties agree as follows:
11
(1) The spousal element to the existing order shall terminate
effective November 30, 2002. The parties agree to cooperate in terminating Wife's spousal
support effective that date, and both parties agree to sign and file any documents necessary to
terminate said spousal support effective that date.
(2) As to the child element to the support order, the parties
agree that child support for the parties' two minor children shall continue to be governed under
Pennsylvania law and in accordance with the existing support guidelines. In addition, the parties
agree that the private school tuition for Bradley A. Wevodau, Jr., shall be shared equally by the
parties, and Husband's share of the private school tuition shall be added to the existing child
support order. At this time, Husband is insuring the children under his insurance coverage. The
parties agree that Wife shall secure health care coverage to insure the children, and the out-of-
pocket cost to Wife incurred for insuring the children shall be allocated between the parties in
proportion with their respective net monthly incomes in accordance with Pennsylvania law.
Wife agrees to continue to insure the children until such time as she is unable to do so or until
such time as more comprehensive health insurance is available to Husband at a lessor cost. At
such time, Husband will insure the children, and the out-of-pocket cost incurred by Husband to
insure the children shall be allocated between the parties in accordance with Pennsylvania law.
8. RIEGLER. SHIENVOLD & ASSOCIATES INVOICES. During the
course ofthe parties' custody proceedings, the family participated in several sessions with Dr.
Shienvold, the total cost of which was Three Thousand Dollars ($3,000.00). The parties
acknowledge that Wife paid the entire Three Thousand Dollars ($3,000.00) that was owed to
Riegler, Shienvo1d & Associates. Husband agrees that he shall reimburse Wife for one-half of
the total amount paid; accordingly, no later than ten (10) days from the date of his agreement
12
Husband agrees to pay Wife One Thousand Five Hundred Dollars ($1,500.00) as and for
reimbursement for his half of the Riegler, Shienvold & Associates invoices.
9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
solely responsible for his or her own legal fees, costs and expenses incurred in connection with
their separation and/or the dissolution of their marriage, and the preparation and execution of this
Agreement.
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
13
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate ofthe deceased party.
12. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge ~md agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right ofthe other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
14
other law of any other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party shall have any obligation
to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family f:xemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
13. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
15
14. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
15. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be 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.
16. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses ,md legal fees actually incurred in
the enforcement ofthe rights of the non-breaching party.
17. WAIVER OF BREACH. The waiver by one party of any breach ofthis
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
18. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Bradley A. Wevodau
920 Red Hill Road
Etters, PA
and to Wife, ifmade or addressed to the following:
Annette F. Wevodau
318 Juniper Drive
Carlisle, P A 17013
16
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
19. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
20. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
21. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
22. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
17
24. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
25. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
26. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
27. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a 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 equity are specifically
not waived or released.
18
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
1-1k-kt
~NESS / .
-7
~ ~---
o ._~
y A. WEVODAU.-
(, ~ .~
(~-~...
~mNETTE F. WEVODAU .
WITNESS
19
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF '06\lAfk tv-..
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared BRADLEY A.
WEVODAU, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
UCtiAfAtv-r ,200;'
~ day of
~ (i~^
Ulklh- ,
Notary Public in d for ~
Commonwealth of Pennsylvania
Typed or printed name of Notary:
-D~vz- J - tvA"~ Lr
My commission expires:
NOTARIAL SEAL
DONNA J. KNISELY, NOTARY PUBLIC
HARRISBURG. DAUPHIN COUNlY
MY COMMISSION EXPIRES FEB. 16 2004
20
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CV/'Y',h~/ 10. '" J
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared ANNETTE F.
WEVODAU, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,,3
day of
~
:::J llt VI ~ "'t;
,2003.
,l~
~lL.
Notary Public in an for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
It Vi ~j~ C...., ( -e-e'VV....
My commission expires: ./ bIt u / cia
Nol8ri8ISeetPldC
AmaGreen8Q.~QoIItY
~T~.. Qci.16,~
Myc,g.~~Of--
t:Aembllf,
21
'-
r:'Ht,..
.llt,l'
;f :~<,,' 1 "';~'
:"', .
:1';. ":"..
if
.( '.
....
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRADLEY A. WEVODAU,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 01-7198 CIVIL TERM
ANNETTE F. WEVODAU,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under 93301(d) ofthe Divorce
Code.
2. Date and manner of service ofthe complaint: Personal service on January 10,
2002.
3. Date of execution ofthe affidavit required by 93301(d) ofthe Divorce Code:
March 15, 2002; (2) date of filing and service ofthe plaintiffs affidavit upon the
respondent: filed March 20, 2002 and served March 21, 2002.
4. Related claims pending: None; all claims resolved by Marital Settlement
Agreement dated January 9, 2003.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: Served via fax and mail on December 6,
2002.
Date:
;2 /;.7 Iv)
6 .
~ /- ~1L4--
Jrren J. Ho t, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Bradley A. Wevodau
'--4..
j
LAW OffiCES OF
JOHN C. HOWEIT. JR,
DONALD T. KISSINGER
CINDY S. CONLEY
DARREN J. HOLST
HO\VETT, KISSINGER & CONLEY, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURC PENNSYLV^,"IA 17108
(717) 234-2616
FAX (717) 234-5402
DEBRA M. SHIMP
Legal Assistant
December 6, 2002
VIA FAX & MAIL (717) 591-1756
Peter 1. Russo, Esquire
LAW OFFICES OF PETER 1. RUSSO
3800 Market Street
Camp Hill, PA 17011
Re: Wevodau v. Wevodau
Dear Pete:
Enclosed is my Notice of Intention to Request Entry of Divorce Decree.
Upon the expiration of twenty days, our office will file the attached praecipe.
DJRldjk
Enclosures
cc: Bradley A. Wevodau
Sincerely,
~--"
-~
Darren 1. Holst
. . . '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A
BRADLEY A. WEVODAU,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 01-7198 CIVIL TERM
ANNETTE F. WEVODAU,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE
TO: Annette F. Wevodau, Defendant
c/o Peter J. Russo, Esquire
LAW OFFICES OF PETER 1. RUSSO
3800 Market Street
Camp Hill, PA 17011
Bradley A. Wevodau, Plaintiff, intends to file with the court the attached Praecipe to
Transmit Record on or after December 26, 2002, requesting that a final Decree in Divorce be
entered.
Respectfully submitted,
Date:
/)-t~
,
.' /"."
/ _ c
arren 1. H st, Es uire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: 717-234-2616
Counsel for Plaintiff, Bradley A. Wevodau
-)
. . . ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRADLEY A. WEVODAU,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 01-7198 CIVIL TERM
ANNETTE F. WEVODAU,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following infonnation, to the court for entry of a
divorce decree:
1.
Divorce Code.
Ground for divorce: Irretrievable breakdown under ~3301(d) of the
2.
Date and manner of service of the complaint: By personal service. January
10. 2002.
3. Date of execution of the affidavit required by ~3301(d) of the Divorce
Code: December 27,2001; (2) date offiling and service of the plaintiffs affidavit upon the
respondent: March 20, 2002.
Agreement.
4. Related claims pending: none: all claims resolved by Property Settlement
5. Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: by fax and mail dated December 6.2002.
Date:
Darren J. Holst, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Bradley A. Wevodau
JOHN C. HOIVETT, JR.
DO~ALD T. KISSINGER
CINDY S. CONLEY
DARREN J. HOLST
LA W OFFICES OF
HOWETT, KISSINGE,R & CONLEY, P.c.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
(717) 234-2616
FAX (717) 234-5402
DEBRA M. SHIMP,
Legal Assistant
FAX TRANSMITTAL SHEET
Date:
December 6, 2002
Time:
4:10 p.m.
From:
Darren J. Holst, Esquire
Please Deliver To:
Peter J. Russo, Esquire
Company jDept.:
LAW OFFICES OF PETERJ. RUSSO
Recipient's Fax Number:
717-591-1756
No. of Pages Sent:
(including cover sheet)
4
Remarks:
NOTE: If you did not receive all of the pages, or if you have any problem with the clarity
of this fax, please call us at the number listed on this letterhead. Thank you.
()
?:~
""(1 ;-; :
~!r
c.~S ~.r
_'ri,->;- ..
~(~-
~~2
--!
-<'
Cl
LA)
(J
-'!"f
-"
.-.,
..:::;
J",'
en
-,-',
'[::::J
. ': 1.
...,<(:-~\
"
--?lj
:5 fTl
.::"~
:"5
-<
-0
;"0
,""
Of.
Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. 0f.0f. Of. Of. Of. Of. Of. Of.
Of.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
Of.
Of.
Of.
Of.
STATE OF
ft;
ft;
ft;
ft;
ft;
ft;
ft;
BRADLEY A. WEVODAU,
No.
Plaintiff
01-7198 CIVIL TERM
ft;
VERSUS
ANNETTE F. WEVODAU,
ft;
ft;
ft;
ft;
ft;
ft;
;Ii
;Ii
Defendant
DECREE IN
DIVORCE
/11~
T'
2003
, IT IS ORDERED AND
AND NOW,
;Ii
;Ii
;Ii
;Ii
ft;
;Ii
;Ii
;Ii
;Ii
;Ii
DECREED THAT
BRADLEY A. WEVODAU
, PLAINTIFF,
ANNETTE F. WEVODAU
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
;Ii
;Ii
~ THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
!+!
;Ii BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
;Ii
~ YET BEEN ENTERED; None.
;Ii It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
of a certain Marital Settlement Agreement between the parties dated January 9, 2003, are
incorporated m tills Decree m DIvorce by reterence as tully as It the same were set torth herem at
length. Said Agreement shall not merge with but shall survive this Decree in Divorce.
BY THE CO~'71 d
~~
J.
PROTHONOTARY
ft; ;Ii;li;li ft;;lift;;Ii;li;li;li ;Ii ;Ii;li ;lift;ft;;Ii ;lift;
-fr 2-~ 7it, ~'~/-E'
~f/" ~~~/P 87""["'
IN THE COURT OF C0M1\10N PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
~ ('GLL.\. \~ A', W ~0 Cc\(d LL
\ Plaintiff
Vs
_;\ f\ V\ P ~ \=' . ~~ Q...\JcACtJJL
Defendant
File No.
',~O() 1- o7J 17
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
_ prior to the entry of a Final Decree in Divorce,
. .
. . or ~ after the entry of a Final Decree in Divorce dated 03/0 7/2"1(,5..3
I . I I
hereby elects to resume the prior surname of /-\v-. (\ ~.\\.tr JJ.. D \, V\(\... , and gives thi~
written n. otice avowing his I her intention PG. . th~Sions._ of 54 P.S. 704.
. ~ . .\/ \~ ~,
Date: 0 ( - 02 - 0 7-. _ . 1--. <-~. v...9-v'-c~
- Signatrrre
C' ~ ':J
; . ~ (l ,
~. ~~ .1/~)~
Signature of name being resumed
CO:MMONWEALmOFPE}fNSYLVANIA )
COUNTY OF L.l.J..rok~n~
On the L day 0 , 200'1, before me, the Prothonotary or the
notary public, personally appeared the ove affiant lmown to me to be the person whose
name is subscribed to the within document and aclmowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
Prothonotar
NOTARIAL SEAL
PRCmIONO!ARY,NOTARY~
~:-=R::Lw4,2010
!___*' .,..,....'. ........"~Il-......... ~ ~.~ ., ..~M;3'OOI' 't .~~.~.... .,_... ..,...........__.-.4.:
If A, 1,
~ ~! ! ".q '( ':, ~~ ) ~'-'\rq
~ ~.~':~t.~_...;'. ~"( ...~:~ ~.~\~A :~' ~. ..,. .~i
~ t' '; ..f:' '''',~ ~~~ \Ifl"t .""l< .{
a...__.. ..".~. ".: ._,......JII'"..~,'~-....-,""---..- . .~'-...I"o:........l.~~....~.. .~-,~.'-
7V
~
..........
~
~
fi'
~
~
~
~
C)
~
r