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Home My WebLink About04-3915 DONALD R WINTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C;o'LL '-rfRYY1 VS. NO. D4 -.39/.$ BEVERLY J. WINTER, 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. Ajudgment 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 grolDld for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage cOlDlselors is available in the Office of the Prothonotary at Cumberland COlDlty Courthouse, Carlisle, Pennsylvania 17013. 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 RIGill TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS 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. Court Administrator 4th Floor, Cumberlaud COlDlty Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ;# S en Howell, Es e 19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court J.D. 62063 ATTORNEY FOR PLAINTIFF BY: DONALD R. WINTER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D4-39/5 C.;c.>lC-r~ CIVIL ACTION - LAW IN DIVORCE BEVERLY J. WINTER, Defendant COMPLAINT IN DIVORCE COUNT I 1. Plaintiffis DONALD R. WINTER, an adult individual currently residing at 142 L 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is BEVERLY J. WINTER, an adult individual currently residing at 80916th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were manied June 17, 2000 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are citizens of the United States of America. 8. The parties' maniage is irretrievably broken. 9. Neither the Plaintiff nor the Defendant are members of the Uuited States Armed Forces, 10. Plaintiff desires a divorce based upon (a) the belief that Defendant will ninety (90) days from the date of the filing of this Complaint consent to this divorce in accordance with Pa. C.SA ~ 3301(c); or in the alternative, (b) the fact that Defendant has offered such indignities to the person of the Plaintiff; the innocent and injured spouse, as to render her condition intolerable and life burdensome and this action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce between Plaintiff and Defendant. COUNT II: EQUITABLE DISTRIBUTION 11. Paragraphs 1-10 are incOIJlorated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant own certain benefits and retirement plans available through their past and present employment which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred various debts and obligations during their maniage which are subject to equitable distnlJUtion. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' real and personal property and equitably apportioning the parties' debts and obligations incurred by them Respectfully submitted, BY: even Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court lD. 62063 VERIF1CATION I verilY that the statements made in the foregoing document (Divorce Complaint Endorsed with a Notice to Defend) are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. g4904, relating to unsworn falsification to authorities. By: ~fL)~ DONALD R WINTER ( 0 -4 N ~ -.4Q 'l - ~ - Jl) -a C> 0 C> ...... .. II( C) ~ C") '""..) ~ ~ () 0 D ~ ,:.0 " ~ .., I ...... ~ ~ . ~ 'L~ 1- P- (," ; r=-. (,'" . , Cil. DONALD R. WINTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIVIL TERM BEVERLY J. WINTER, DEFENDANT CIVIL ACTION - LAW (DIVORCE) ACCEPTANCE OF SERVICE BY DEFENDANT'S COUNSEL I, PHILIP H. SPARE, ESQUIRE, hereby accept servicle ofthe Complaint in Divorce endorsed with a Notice to Defend and Claim Rights on AUGUST -13-, 2004 on behalf of BEVERLY J. WINTER, and certify that I am authorized to do so. BY: P 'lip H. Spare, Esquire 5l l!L;3A ~ 8/1~tf/fllltrJ +- 5P11W, PC. 44 West Main Street Mechanicsburg, P A 17055 Supreme Court I.D. 6Sd6lJ DATE: {N@J5i /3 / ~'1 o f;; , , . ~;.; :::1 -c ,...., = = .r:- U'J f'1 "0 o -n -l ::L._ rn-=..! r- :G [g- ''':) ! .,0 ~~~ ~ .,.. :n -< c- :::2 ~ N (..f'J DONALD R. WINTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 04 - 3915 CIVIL TERM BEVERL Y J. WINTER, DEFENDANT CIVIL ACTION - LA W (DIVORCE) PLAINTIFF'S AFFIDA VIT OF CONSENT TO A SECTION 3301(C) DIVORCE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2004. 2. The marriage of the Plaintiff and 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 after service of notice of intention to request entry of the decree. t!~!~ BY: Verification I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~' BY: 1/~ DONA R. WINTER Date:M;( ~~ .M''''~ " (") ~ c c:::;:) ~ = <"" JI:"" -utei :z: '"'"-i mrn c::> ::r:-n Z'-ri Z"., -c:: nl- r" ~ r (j); N -om jS:'~' .::.- Q~ ~c, ;e; ;po. ZO ~~ :>0 ::J: c: CD Z (5 .. ;g =< N .0 .::.- .< 1 DONALD R. WINTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIVIL TERM BEVERL Y J. WINTER, DEFENDANT CIVIL ACTION - LA W (DIVORCE) PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . it~~~~ BY: Verification I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities. Date: Itf,r: ~~ ~I?t??--- BY: (") r--:t ~ c:::> c: c:::> s: ~ ~:o ~OJ ~ ~-B "r- Zt;" N :B~ ~:2'. s:- o kC; ~"i' :l:\IIO ~~ ~C :::r.: C 5-' CR c: .~ ~ N ~ .. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 11-,...1 day of AJ(fU$I ,2004, by and between BEVERLY J. WINTER of Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and DONALD R. WINTER of Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") : WITNESSETH: ~ WHEREAS. the parties were married on June 17, 2000 in Cumberland County, Pennsylvania and; 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, and the parties here to are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitations by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future child support. alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, covenants an,d undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agrees as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraints or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the oth,er to cohabitate or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof 4. SUBSEQUENT DIVORCE : The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket Number 0'1 ~ '39, L.5 2 Civil Term claiming inter alia, that the marriage is irretrievably broken under Section 3301 (c) of the Pennsylvania Divorce Code. HUSBAND and WIFE hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits of Consent or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property and debts of the parties, alimony pendente lite and alimony, spousal support, counsel fees and expenses and child support, if applicable, are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in such decree, judgment. order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and be forever binding and conclusive upon the parties. WIFE was served with the Divorce Complaint and Notice to Defend and Claim Rights on AVGVST , J3.., 2004 by Acknowledgement of Service executed by WIFE andJor her counsel of record. 5. ENFORCEMENT: The parties acknowledge that this Agreement may be enforced to the same extent as though it had been an Order of the Court, and the parties hereby 3 expressly invoke and acknowledge the applicability of Section 3105 of Title 23 (Pennsylvania Divorce Code) in furtherance hereof 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all legal or equitable rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof; whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowances. 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 a testamentary, or all rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) 4 any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, spousal support, property division, costs or expenses, whether arising as a result of marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except only all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite. spousal support or other claims pursuant to the Pennsylvania Divorce Code or the divorce laws for any other jurisdiction. 9. ADVICE OF COUNSEL: HUSBAND has been represented by Steven Howell, Esquire, 619 Bridge Street, New Cumberland PA 17070 who has prepared the within Agreement. WIFE has been represented by Philip H. Spare, Esquire, 44 West Main Street, Mechanicsburg, PA 17055. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence or the result of any collusion or improper or illegal agreement ar agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate. liabilities, and sources of income. Each party 5 agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liabilities or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party hannless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. DEBTS: HUSBAND and WIFE do have the following joint debts, liens or other financial obligations between them. (A) VISA Card (in WIFE's name) (B) KOHL's Department Store $ 534.82 $ 143.12 HUSBAND shall be solely responsible for repayment of: VISA Card ($534.82) and KOHL's Department Store ($143.12) set forth above. HUSBAND and WIFE shall be solely responsible for any debts in their own name with WIFE agreeing that she has not increased since April 1, 2004 any indebtedness owed by HUSBAND to the following creditors or any other creditor for which HUSBAND would be solely or jointly responsible as co-debtor or guarantor to repay: (A) New Cumberland Federal Credit Union; (B) Value City Furniture; (C) Citi Financial ($440.00); 6 (D) Boscov's Department Store; (E) J. C. Penney; (F) The Bon Ton; (G) Citizens CAF; and (II) Any utility or cable bills. Wife shall transfer the account with Comcast Cable effective AUGUST 1, 2004. 12. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indelllllifY and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the executions date of this Agreement, except as may be otherwise specifically provided for by the tenns of this Agreement. 13. DIVISION OF REAL AND PERSONAL PROPERTY: HUSBAND and WIFE agree to the following division of all marital real and personal property: TO HUSBAND : (A) All personal property in his present possession. (B) Alllndividual Retirement Accounts in his name including but not limited to: Waddel & Reed IRA (C) Husband's 401 (k) Plan with Dewberry-Goodkind, lnc, (D) Husband's u.s. Air Force retirement pension. (E) All personal property in his present possession. TO WlFE : (A) All personal property in her present possession. 7 (B) Any increase in value of the real estate located at 809 16th Street, New Cumberland, Cumberland County, Pennsylvania 17070. HUSBAND shall execute a Deed prepared by WlFE's counsel and return it to WIFE's counsel within ten (10) days of its receipt by HUSBAND's counsel 14. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of all personal property except as herein provided including but not limited to furniture, household furnishings, appliances and other household and personal property between them and they mutually agree that each party shall, from and after the date hereoJ; be the sole and separate owner of all such tangible and intangible property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of any assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The effective date of said bill of sale is to be contemporaneous with the date of the execution of this Agreement. All Property now in the possession of WIFE shall be her separate property and all personal property now in the possession of HUSBAND shall be his separate property. Except as expressly provided herein, each party forever relinquishes any right he or she may now or hereafter have in any assets not belonging to the other. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all of the property, whether real, personal or mixed, tangible or intangible, which has been acquired during the marriage, or is hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 8 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank, checking accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds by the other in such accounts. 16. PENSION. ANNUITIES AND/OR RETIREMENT BENEFITS: Except as provided in Paragraph 13, both parties agree that any interest the other has acquired through a pension, profit sharing, savings plan, thrift plan, annuity or retirement plan shall remain as the sole and exclusive property of the other. WIFE agrees to waive any interest she may have in such property of HUSBAND, and further agrees that she will not assert a claim to such property in the future and does hereby assign irrevocably any such right or claims to HUSBAND. HUSBAND agrees to waive any interest he may have in such property of WIFE and further agrees that he will not assert a claim to any such property in the future and does hereby assign irrevocably any such right or claim to WIFE. WIFE agrees to execute any documents necessary to accomplish this transfer or relinquishment of rights within five (5) days of HUSBAND's written request delivered to her last known address. 17. MOTOR VEmCLES : HUSBAND and WIFE each own vehicles titled in their individual names. Each party agrees these vehicles are the sole and separate property of the other party. In the event any documents must be executed by either of the parties to transfer their respective interest, HUSBAND and WIFE agree to execute said titles, sales agreements or other documents within five (5) days of any written request by the other party. 9 18. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. AND SPOUSAL SUPPORT AND INDEMNIFICATION FOR BREACH: WIFE and HUSBAND forever waives any claims for alimony, alimony pendente lite, counselfees, spousal support or expenses arising out of the pending or contemplated Divorce Action. Each party shall indemnify, defend and hold the other harmless against any future action for equitable distribution of marital property, to enforce the execution of any documents including deeds, affidavits of consent or waivers required to be filed for a No Fault Divorce, spousal support, alimony, counsel fees and expenses or alimony pendente lite by or on behalf of the other, such indemnity to include the actual counsel fees incurred by the successful party in any such future action. 19. AFI'ER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they rea~ personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any election or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this agreement without recognition of gain on such 10 transfer and subject to the carry-over basis provision of the said Act. 21. EFFECT OF DIVORCE DECREE: The parties agree that except as otherwise sp ecifically provided herein, this Agreement shall continue in full force and effect after such time as final Decree in Divorce may be entered with respect to the parties. 22. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, as 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, and the party breaching this contract shall be responsible for the payment of actual legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose ofhis or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each Will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquislunent of all such interests, right and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 11 25. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505 (b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 26. AGREEMENT BINDING ON HEms: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this 12 Agreement. 28. VOID CLAUSES: 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. 29. INDEPENDENT SEPARATE COVENANT: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein arc for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 33. HEALTH INSURANCE: Each party is solely responsible for the maintenance of their own policy of health insurance after November 15, 2004. WIFE acknowledges receipt of COBRA information from HUSBAND and effective on November 15, 2004 WIFE shall be solely 13 responsible for all health insurance premiums for herself WITNESS: . COMMONWEALlH OF PENNSYLV AN1A COUNTY OF C f..{.-d?-erIMd 'tif On this, the 3 tJ day of S ~~/ , 2004, before me, a Notary Public in and for said State and County, the undersigned cer, personally appeared DONALD R. WINTER known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ss A.~ ~ Uf-, Notary Public My Commission Expires: Notarial Seal Berit T, Howell, Notary Public New CumberlalKl BOlO. Cumberland County My Commission Expires May to, 2005 Member, PennsylVania ASSOCiation otNotaI19S COMMONWEALlH OF PENNSYLV AN1A COUNTY OF f-L11fJ &. tdi}t0 D On this, the I '}ft, day of Avrt:!/ 1 ,2004, before me, a Notary Public in and for said State and County, the undersigned offi er, personally appeared BEVERLY J. WINTER known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ss Notary Public My Commission Expires: 14 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Malrazi, Notary Public Med1anicsbUrg Born. Cumberland County My Commission Expires Nov. 24, 2007 Member, Pennsylvan.a Assoc.atron Of Notaries DONALD R. W1NTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIV1L TERM BEVERLY J. WINTER, DEFENDANT CIV1L ACTION - LAW (DIVORCE) DEFENDANT'S AFFIDAVIT OF CONSENT TO A SECTION 3301(C) DIVORCE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. ~<' ;'. I BY:.::k~ Jr/~ BEVERL . WINTER V crification I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. - BY:~~' !{l?~ BEVE . WINTER Date: December 1, 2004 ----- .\ ,;.:; - DONALD R. WINTER, PLAINT1FF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIVIL TERM BEVERLY 1. WINTER, DEFENDANT CIVIL ACTION - LAW (DIVORCE) DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 after it is filed with the Prothonotary . / BY: r~~A/~~ BEVERL . INTER Verification I verify that the statements made in this Affidavit of Consent 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. Date: December 1, 2004 (,,) c:; ----- '~ ~\ - DONALD R. WINTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIVIL TERM BEVERL Y J. WINTER, DEFENDANT CIVIL ACTION - LAW (DIVORCE) PRAECIPE TO TRANSMIT THE RECORD UNDER SECTION 3301(C) OF THE DIVORCE CODE TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground For Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's counsel has executed an Acceptance of Service showing service on August 13, 2004 ofthe Divorce Complaint endorsed with a Notice to Defend as shown on Exhibit" A". The Acceptance of Service was filed September 14, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff on November 21, 2004 (Filed November 24,2004); by Defendant on December 1, 2004 (Filed December 3, 2004). See Exhibit "B" for Plaintiffs documents. 4. Related Claims Pending: None. All claims settled by Property Settlement Agreement dated August 19, 2004. 5. Date Plaintiffs Waiver of Notice ofIntention to File Praecipe was filed with the Prothonotary: November 24, 2004. Date Defendant's Waiver of Notice ofIntention to File Praecipe was filed with the Prothonotary: December 3, 2004. See Exhibit "C" for Plaintiff's . documents. Respectfully submitted, BY: even Howe I, sire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Philip H. Spare, Esquire P.O. Box 318 44 West Main Street Mechanicsburg, PA 17055 Date: December 7, 2004 '-..,,/ DONALD R. WINTER, PLAINTIFF V. BEVERLY 1. WINTER, DEFENDANT '-,/ ('> .,f....... . GU. f t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3915 CIVIL TERM CIVIL ACTION - LAW (DIVORCE) ACCEPTANCE OF SERVICE BY DEFENDANT'S COUNSEL 1, PHILIP H. SPARE, ESQUIRE, hereby accept service of the Complaint in Divorce endorsed with a Notice to Defend and Claim Rights on AUGUST -13.-, 2004 on behalf of BEVERLY J. WINTER, and certify that I am authorized to do so. BY: P Hip H. Spare, Esquire 5j 6'1-i311 ~ t!J/fhJi<rt1'/I'lIbJ ..,... sP/'I9T r Rc. 44 West Main Street Mechanicsburg, P A 17055 Supreme Court l.D. 6S~ DATE: IN&U5i /3, ~'1 ! EXHIBIT , I A 1'.) c.n ,...., ~,-__"J C::.:::;:> -e- (rj I"q -0 o " .--{ ::r -r, mr:- ::nO:.; .u...... :;~(:) ui- -r, ~~~?, ~:D .< .c- - / - DONALD R. WINTER, PLAlNT1FF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIVIL TERM BEVERLY J. WINTER, DEFENDANT CIVIL ACTION - LAW (DIVORCE) PLAINTIFF'S AFFIDAVIT OF CONSENT TO A SECTION 3301(C) DIVORCE I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. BY: k:#)f~' DONA DR. WINTER Verification () '" c = 0 .c:'- ;E= 1"1 1 verify that the statements made in this Affidavit of Consent are true and c~~?t. ~ s:!:n und~rstand that false st~teme~ts herein ar~ ~ade subject to the penalties of 18 Pa. ~~:A. S~04';Fn re1atmg to unsworn falsIficatIOn to authonhes. ;$ :,. "'- is y -z-C --j6. ?~~~ (~/;i ~ - ~:o R. WINTER ...-.< BY: Date:M;;; ~1 P/~ E EXHIBIT i e, ,--, ~ f="> Vi' ~.._.Ji 'I -'- DONALD R. WINTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 3915 CIVIL TERM BEVERLY 1. WINTER, DEFENDANT CIVIL ACTION - LAW (DIVORCE) PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. ?2 g 0 :t,""" .r.- -n -c.1i:~t:! z .-t 3. I understand that I will not be divorced until a Divorce Decree is en~d b}ib.e ffiF;; Court and that a copy of the Decree will be sent to me immediately after it is filed ~~ th~ 8f Prothonotary. k \. .: j o? ~ .r.>.". ". '.' <': i,;:iI ~;i:'i '& ''':?;i ~&fP';~~ BY: '~~4'~~ DONALD R. WINTER Verification I verifY that the statements made in this Affidavit of Consent are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. BY: Date: ~r: .f/. P~t:?~ j EXHIBIT , I c "..::~~~.'.::.::.':';::.::.~~::~~~~~~~~~:~:~~~~:~.~1 ~ ~ v * ~ ... ~ IN THE COURT OF COMMON PLEAS *. '.' ~ ... OF CUMBERLAND COUNTY ~ ~ '.' ~ '.' STATE OF ~ ~.' ~ ... ~ '.' ~ ... DONALD F...tiNTER I Plaintiff ~ ... :( vi V crsns ~ '.' BEVERLY J. WINTER, Defendant $ .' ~ '.' PENNA. Ii N () .04~391u5~IVILu~ERlf9 I I ~ DECREE IN DIVORCE AND NOW,.......... ])~.. .IY~., ~~~,'/. it is ordered and decreed that..... D.ONALD:. .R:. .WINTE.R........................ plaintiff, and.............. .Bl?YEl~~Y. ~'" .1:';rN.~~~....................... defendant, are divorced from the bonds of matrimony. ~ '.' ~ ... w.1 y ,'f ~ '.' w ~.' ~ ~.' ~ '.' ~ '.' ~ '.' 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 terms of the parties' property Settlement Agreement dated 'Ailg.'Ust. 1'9; . 20'04 . atrd . att'a:ched 'her'eto' are' in'corporated 'herein bl!t.I1Qt. m.erg,?,j,. .l~e~~.w::i,th... ...................,.. .......... ............... A ~ ... ~ ~.' ~ ... ,., ~ w ~.' ~ ~.' ~ ~.~ ;; ~ :;( ill I :;(~~~~- :"~:"'~:" .~:. .>>:. .~~. By Prothonotary ~ ~. ~ ~l ~ '.' $ ~ ~.' ~ ~.' ~ ~.' ~ '.' ,', ~ ~ ... ~ '.' ~ '.' ~ '.' ,'~ * ~ '.' fi ~ ... ~ 'f,.~, ~ ~.~ 1$ ~, ~ ;.', ~ ~.' ~ ~i ~ ... $ ~ ~ v ~ '.' ~ '.' ~ $ ~ ~ ~ J. $ ~ ~ ~ ,.~ ",-~-~-~-' -,-~_.,.---,. - ---,.',-.'-.-, / ~ ~~~~~~~~~~~~-*-*~~~~*~~~~ ;;n-z~f-c~. /tfr:"'lV/f '~';;0 ..1cJ ~ f! ~'h#fn?~' t/frv.:'" ~?F9 AO cP.C'1 . , #<.'\.'.> >. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW pltH'!t D I!, tJ NTYf"- NO. CIVIL Plaintiff . ~ c'-l-J'l/5 vs . PEvO?L:;() tJ;rc~ ACTION IN DIVORCE Defendant NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree~~v~rce from the bonds of matrimony on the 1:/ day of z uccc/UJ5c/:.: d'.Ol/;//' hereby elects to retake and hereafter use her previous name of ff[J/Er~.V ~. D/9/j~ - ~----,. /-. 0:f-tCt:C::.5? '?L-~L.~ ". u'Jln/r/k7/(-=O (Signatur? - IMiden name) ;4!~L"/2-~ /~ ~ . e/- to beknown as) COMMONWEALTH OF PENNSYLVAN{A COUNTY OF CUMBERLAND : S8: ~ On the --6:-.- day of _..J~U.t-ttA~_, ~, before a Notary Public, personally appeared ~Af /nUl.. ,J. &T.r known to me to be the person whose name is subscribed to the within document, and acknowledged that she exeucted the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. -"C)W~r,( 1;HI{J . / {/~Y1 ~ '0tJ .~ ~ f:j.... C) , :> -rJ , ---.' -:l3:::' "!;:::> ""-.\ .-." c/' :" - :)::::c 'b c.' ~ ..' -" <..>J _.. ~ Q - ... ..cj v-...J ;:, C'J 0',