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HomeMy WebLinkAbout01-1651TRACIE E. DERR, Plaintiff ROBERT L. DERR, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; : NO.G -/&.fit CnqL TrP. M : IN DIVORCE. NOTICE TO DEFEND AND CLAIM RIGHT~ 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 PlaintS. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ~°und for th.e. divorc.e, is indignities or irretrievable breakdown ofthe marria e o may request mamage counsehno. A 1,o* ,,c _~_.:. ...... g , y u o ,oL v*mm~mge COunseJors :s avmlable ~n the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A YOU MAY LOSE THE RIGHT DIVORCE OR ANNULMENT IS GRANTED, TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Ustext debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea.avisad .o que. si usted.no ~ defiende, la corte tomara medidas y puede entrar una orden contra ust,ed sm prewo av~so o not~ficac~on o · ---- · · . do demanoa. Y p r cualqmer queja o al~v~o que es pedido en la peticion Usted puede perder dinero o sus propiedades o otros derechos importenates para usted. LLEVE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TRACIE E. DERR, ROBERT L~ DERR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. ol, /~ ~l CIVIL TERM : : IN DIVORCE COMPLAINT IN DWORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Tracie E. Derr, by her attorney, Cara A. Boyanowski, Attorney at Law, and seeks to obtain a decree in divorce fi.om the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Tracie E. Derr, is an adult individual who resides at 6214 Wallingford Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Robert L. Derr, is an adult individuai who resides at 6214 Wallingford Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 25, 1991, in Mechanicsburg, Cumberland County, Pennsylvania. 5. The Plaintiffand Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. I verify that the statements made in this Compla/nt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A, {}4904 relating to unsworn falsification to authorities. racie E. ~Jerr, Plaint/ff -- Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657~4795 Attorney for Plaintiff TRACIE E. DERR, Plaintiff ROBERT L. DERR, Defendant : IN ~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-1651 CIVIL TERM .. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consem to the entry of a final decree of divome without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately at, er it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Robert L. Der~, Defendant TRAClE E. DERR, ROBERT L. DERR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1651 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 2001. 2. A Complaint in Divorce under §330 l(c) of the Divorce Code was filed on March 21, The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at, er service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: l~ - ~x~ -O I By 'Robert L. D['~r~, Defenda~'//t S - tyNo./0/ 5¥- 5 z 2 TRACIE E. DERR, Plaintiff ROBERT L. DERR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1651 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF TIlE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS.A. §4904 relating to unswom falsification to authorities. Oate: ,' 72. -0 / Trade E. Derr, Plaintiff TRACIE E. DERR, ROBERT L. DERR, Plaintiff Defendant : IN ~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-16S1 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 2001. 2. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 21, The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce atter setMce of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unswom falsification to authorities. Date: Tracie E. Derr, Plaintiff so s ,No. 175 ¢694q TRACIE E. DERR, Plaintiff ROBERT L. DERR, Defendant : IN T~E COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-1651 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant by certified mail, restricted delivery, return receipt requested on March 29, 2001. 3. (Complete either paragraph (a) or Co).) (a) Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by Plaintiff: June 28, 2001; by Defendant: June 28, 2001. (b)( 1 ) Date of execution of the affidavit required by § 3301 (d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 29, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 29, 2001. Respectfully submitted, DALEY LAW OFFICES & · Cara A. Bo~ Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff TRACIE E. DERR, Plaintiff Ve ROBERT L. DERR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-1651 CIVIL TERM ._ : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowsld, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 29th day of March, 2001, she did serve upon Robert L. Derr, the Defendant in the foregoing case, a tree and correct copy of the Complaint in Divorce by sending same to him, by certified mall, addressed to 6214 Wallingford Way, Mechanicsburg, Pennsylvania, 17055. The receipt for said Complaint is attached. Said copy of the Complalm was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to andt,~bscribed before me this 23_aC of ,2001 ! PATRICIA. A. PATTON, Notary Public I I Lower Paxton Twp,, Dauphin Coun[y ~ M~ Commission Expires June 20, 2002 "Q~a A. Bo~'anowskl", Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plalmiff · Complete items 1,2, and 3. Alan complete item 4 if Restricted Delivery is desired. · Print your name and address on the'reverse so that v~ can return the card to you. · Attach this card to the back of the mallplane, or on the front if space permits. l.~ic~dressedto: Mr. Robert L. Derr 62~ Walli~gford Way Methanicsh~rg, PA 17055 Z 458 507 828 % ReceNed by (P/ease print CI~) . Date of Delive~y from Item 17 betow: [] No [] Return Receipt for Memhendise [] C.O.D. Restricted Delh/e~ (Ext~ Fee) ~Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1'/89 0 u>,~ AGREEMENT BETWEEN TRACIE E. DERR AND ROBERT L. DERR Cara A. Boyanowski, Esquire Robert L. Derr, Husband Counsel for Wife Pro Se TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions SECTION III: Alimony and Alimony Pendente Lite Provisions SECTION IV: Child Custody, Child Support, and Health Insurance Provisions SECTION V: Property Distribution Provisions 4 10 10 13 SECTION VI: Closing Provisions and Execution 15 SECTION I INTRODUCTION THIS AGREEMENT made this ~ day of between TRACIE E. DERR ("Wife") and ROBERT L. DERR ("I~sband"). · 2001, by and W1TNESSETH: WHEREAS, Tracie E. Derr, Social Security Number 175-66-9499, was born on July 24, 1970, and currently resides at 6214 Wallingford Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, Robert L. Derr, Social Security Number 161-54-6522, was born on June 20, 1959· and currently resides at 6214 Wallingford Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. WglEREAS, the parties hereto are Husband and Wife, having been married on May 25, 1991, in Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, the parties are the parents of two minor children, namely, Brooke Derr, born November 23, 1993, and Tyler Derr, born June 25, 1997. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties 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 equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION H GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. Husband acknowledges that he has the right to legal counsel, but aider acknowledgment of same has decided to sign this Agreement without the advice or assistance of a lawyer. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution &this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment &any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband 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 whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for aH purposes fi.om any and all rights and obligations which either may have or at any time hereafter have 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 othenvise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate fi.om any and all rights, claims, demands or obligations arising out of or by virtue of.the marital relationship of the parties or otherwise, 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 or the other or by way of dower, curtesy, widow's rights, family exemption 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 or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry ora divorce decree are intended to defeat the fight of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and 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, fights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge 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, depositions and ail other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additionai information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree ail financiai records relating to the maritai estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITINC, No modification or waiver of any of the terms hereof shall be vaiid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shail be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shail be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include ail remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shail not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLF~ This Agreement shall be construed in accordance with the laws of the Commonwealth of 7 Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and ail prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (I 0) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shail remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shail the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shail the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shail be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Tracie E. Derr, 6214 Wallingford Way, Mechanicsburg, Pennsylvania, 17055, or counsel for Trade E. Derr, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Robert L. Derr, 6214 Wallingford Way, Mechanicsburg, Pennsylvania, 17055, or counsel for Robert L. Derr, or such other address as Husband from time to time may designate in writing. 20. 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. 21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION HI ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution ofmaritai properly are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, volumafily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. SECTION IV CHILD CUSTODY, CHILD SUPPORT, AND HEALTH INSURANCE PROVISIONS 1. LEGAL CUSTODY AND PHYSICAL CUSTODY The parties agree that legal custody and physical custody of their two minor children, Brooke Derr and Tyler Derr, shall be governed by the parties' Stipulation, entered as an Order of Court, by the Honorable , on , 2001, at docket number, , until further Order of Court. 2. CHILD SUPPORT AND EXPENSES The parties acknowledge that the Pa.R.C.P. provide guidelines for the payment of child support, however, the parties have agreed to an arrangement for child support independent of these guidelines, as set forth in Section IV, Paragraph 2, of this Agreemem. The parties acknowledge that the provisions for child support under the Pa.R.C.P. may be very different than the arrangements made herein and that the payments provided for in the Agreement are purely contractual in nature. In the event that Husband or Wife were to bring an action to seek child support through the Court of Common Pleas Domestic Relations Office, any paymems due under this Agreement shall be 10 deemed null and void and shall not be considered by the Domestic Relations Office as any basis for the determination of support. Based upon these circumstances, Husband agrees to pay to Wife, the sum of Three Hundred Fifty ($350.00) Dollars per month as child support. In addition to the above basic duty of support, Husband agrees to pay one-half of the children's school activity expenses, including, but not limited to, sports activity fees, registration fees, uniforms, and training expenses. The provisions of this Paragraph are subject to review and modification by the Domestic Relations Office of Cumberland County upon petition of either party. 3. INCOME TAX DEDUCTIONS The parties agree that Wife shall be entitled to claim Tyler Derr as a dependent on all of her income tax returns and Husband shall be entitled to claim Brooke Derr as a dependent on all of his income tax returns. 4. HEALTH INSURANCE Wife shall provide health insurance for the parties' children, at the present levels and providing substantially the same benefits as are now in effect, for so long as the children are eligible to receive coverage under her present health care plan. In the event Wife's coverage should lapse, or the children are no longer eligible to receive coverage under Wife's plan, the parties agree to cooperate in providing health insurance for the children in the most advantageous manner possible. The parties further agree that all out of pocket medical expenses for the children, i.e., orthodontia, dentist, prescription, doctor's visits, etc., shall be split equally between the parties. 5. COLLEGE EXPENSES Both parties agree to financially support their children in the event they desire to enroll in a curriculum of higher education. Atter the parties have taken full advantage of all student loans and student financial aid programs, said expenses shall be paid 50% by Husband and 50% by Wife. The amount of support for all college tuition and expenses shall be based upon the yearly expenses incurred by a student attending the Pennsylvania State University with a full-time student status. It is understood by both parties that the above expenses will be paid in the manner set forth above, as long as, the enrolled child is a student in good academic standing. 6. 1JFE INSURANCE/DEATH BENEFITS Husband agrees to obtain and maintain, at his sole expense, insurance on his life, or death benefits payable through a retirement plan or similar investment account, which shah pay, upon husband's death, a benefit of no less than $125,000.00, for so long as Husband is obligated to make any payments to Wife in the form of child support or for the educational benefit of the parties' children in accordance with this agreement. For so long as Husband has obligations under this agreement, Husband shall designate Brooke Derr and Tyler Derr, equally, as the beneficiaries of such benefits. Husband shall not borrow against, assign, or pledge, such policy of insurance, retirement account, or other financial investment or otherwise take any action which will diminish or reduce the benefits to be paid upon his death, unless receiving written permission from Wife, and will pay all premiums, charges, and assessments necessary to keep such benefits in full force and effect until his death. Further, Husband shall provide to Wife, at least annually, proof that such benefits are in place in accordance with the terms of this paragraph. Wife agrees to obtain and maintain, at her sole expense, insurance on her life, or death benefits payable through a retirement plan or similar investment account, which shall pay, upon wife's death, a benefit of no less than $125,000.00, for so long as the parties' children are under the age of majority. For so long as the children are under the age of majority, Wife shall designate Brooke Derr and Tyler Derr, equally, as the beneficiaries of such benefits. Wife shall no borrow against, assign, or pledge, such policy of insurance, retirement account, or other financial investment or otherwise take any action which will diminish or reduce the benefits to be paid upon his death, unless receiving written permission from Husband, and will pay all premiums, charges, and assessments necessat~ to keep such benefits in full force and effect until her death. Further, Wife shall provide to Husband, at least annually, proof that such benefits are in place in accordance with the term of this paragraph. 3_2 SECTION V PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband, shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereat~er be the sole and exclusive property of the other. A list of the parties' household goods and furnishings, and the division of same, is attached hereto and incorporated herein as Exhibit "A." 2. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 3. RETHtEMENT BENEFITS Husband and Wife are the owners of individual retirement/pension accounts through their employers. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 4. AUTOMOBILES The parties are the owners of various automobiles. Husband and Wife agree that the 1999 Chevrolet Venture Van shall be the sole and separate property of Wife, and Husband waives any right, title, or interest he may have in this vehicle. Furthermore, Husband and Wife agree that the 3_3 1996 Ford Taurus automobile shall be the sole and separate property of Husband, and Wife waives any fight, title, or interest she may have in this vehicle. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. 5. CASH PAYMENT Wife shall pay to Husband the sum of Two Thousand Five Hundred ($2,500.00) Dollars. This payment shall be made to Husband on May 15, 2001. 6. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date ofexecution ofthis Agreement, each party shalluse onlythose credit cards and accounts for which that party is individually liable. 7. PAYMENT OF LEGAL FEE~ Husband agrees to pay to Wife, one-haif of her legal fees and costs in this matter. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her aRer execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 9. REAL ESTATE A. Marital Residence - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 6214 Wallingford Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Marital Residence"), which is subject to a mortgage. The parties agree as follows with respect to the Marital Residence: 3_4 The marital residence has been listed for sale and is under a contract to sell. Settlement has been schedule for May 15, 2001. The parties agree the proceeds of the sale shall be divided in the following fashion: 1. Satisfy all remaining liens against the real property, including but not limited to, the mortgage and home equity loans; 2. Satisfy all dosing costs and necessary expenses incurred in the sale of the real property; 3. Satisfy the outstanding balances on the parties' joint MasterCard credit card and the parties' joint Visa credit card; and 4. Pay the remaining net proceeds to the parties, with Husband receiving one-half of the remaining net proceeds after satisfaction of the above obligations, and Wife receiving one-half of the remaining net proceeds, after satisfaction of the above obligations. SECTION VI CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WItEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. "Wi IqE' S -- - q TReAding. DJERR DATE ROBERT L. DERR DATE Z5 C~pit&l Blu~ Cro~ 3/16/01 7:35 PAGE 2/2 H~Sght?A~ SETTI EMENT DERR VS. DERR Robert Derr "~omputo' --- i Sony Big TV ~'~ ............................. ~ ~e Livm~ Room Suite ~7f~'Z":~ ............. L v~g Room L~p Kitchen I ab k Dining Room Hutch · Rocker (Brown) Rocket Blue) _~. ;'-Drm'-fi ~ K.~m DiT~ ties ................. While Bed Power Rider 5 Piece Master BeSeem Suite Cbxislmag Tree While Dresser,'blirrio ~ .................. 1Gtch~-~ DT~fics 1099 Che~,y Yewme Vau i Shelves (2) ~-~ · ..... kV~*lpool Washer Loggage Sony VCR (old) Whi';e t~:':(1 Table Culco ~fe Set R¢~igerato~ Brown fi~d Table lqle Cab-met Pool Table Gym Equipment Mower Toot Set White Tall Dresser Grill · 1996 Fold Tauras Split KHchenware Spl~* Pictures IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF TRACIE E. DERRf Plaintiff VERSUS ROBERT L. DERR~ Defendant PENNA. No. 01-1651 CTVTL TERM DECREE iN DIVORCE , PLAINTIFF, AND ROBERT L. DERR ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The parties' Marriage Settlement Agreement~ dated May 2~ and its provisions are incorporated herein by reference, not be deemed merged into this decree in divorce. 2001. but shall / U RT:~ VV' ' I/5 J -- ~/ PROTHONOTARY