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HomeMy WebLinkAbout01-2501IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO.z 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 judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, Carlisle, PA 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 RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW : NO. c71- : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c} OR 3301(d) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Heather A. Winefiter, by and through her attorneys, Weigle, Perkins and Associates, and David P. Perkins, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Heather A. Wineriter, is an adult individual presently residing at 8013 Scenic Drive, Shippensburg, Franklin County, Pennsylvania 17257, since April 2001. 2. Defendant, Randall S. Wineriter, is an adult individual presently residing at 577 South Mountain Estate Road, Shippensburg, Cumberland County, Pennsylvania 17257, since April 2000. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on November 13, 1996, in Bradford, McKean County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the fight to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since March 6, 2001. 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, during their marriage from November 13, 1996, until March 6, 2001, date of separation, all of which property is "marital property". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non- marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value is a marital property. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 14. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all property of the parties. By: WEIGLE, PERK1NS & ASSOCIATES David P. Perkins, Esquire Attorney for Plaintiff Attorney ID #34342 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. V~INERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO. 01-2501 Civil Term IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS R_honda R. Wolford, being duly sworn according to law, deposes and says that on May 3, 2001, tree and attested copies of Notice to Defend and Complaint in Divorce were served upon the Defendant, Randall S. Wineriter. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Randall S. Wineriter 577 South Mountain Estate Road Shippensburg, PA 17257 RHONDA R. W~)LFORD ~/f Sworn to and subscribed before me this r/~ day of May, 2001. Notary Public · :~-' ~,";"~-" ' Pat~ L Tome, Notary PUlSe -.' (~'. -a My~mis~Expi~Ju~7,~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO. 01-2501 Civil Term IN DIVORCE PROOF OF SERVICE · Complete items 1,2, and 3. Also complete item 4 if Res~cted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by (P~ase P~fnt Cleedy~ ? Fly** if YES, enter delivery address below: [] No 3. Servide Type ~Certified Mail [] Express Mail [] Registered ~'Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~'Y~S 2. Ai~icle Number (Cop~ from service leb~) n ooo- I ,qo- oo 3- t,,la q4oq PS Form 3811, July 1999 ~ Re~um R~caiot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION- LAW NO. 01-2501 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. WEIGLE, PERK[NS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO. 01-2501 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND § 3301¢d) 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 ~s 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 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. H~/A~ffI~'R ~. ~I~ERITER, Plaintiff WEI~LE, PERKINS & ASSOCIATES ATTORNEYS AT LAW -- 126 EAST KINE STREET SHIPPENSBUR~, PA 172574397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO, 01-2501 CivilTerm IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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. § 4904 relating to unswom falsification to authorities. Dated: RANDALL S. WINERITER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VSo RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO. 01-2501 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 1~ 3301(c} AND § 3301(d~ 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 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. 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 unswom falsification to authorities. ~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO. 01-2501 Civil Term IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having received a Final Decree in divorce from the bonds of matrimony on the 1st day of October 2001, hereby elects to retake and hereafter use her previous name of Gimmi. To Be Known As: HEATHER A. GIMMI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the oQ,~ .t~ day of SS , 2001, before me a Notary Public in and for said County and State, the undersigned officer, personally appeared Heather A. Wineriter, to be known as Heather A. Gimmi, known to me (of satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. · ' , ~Y Public S.h.~_ nsb~rgBom CumberlandCounty [ MY Gommlssion Expires June 7, 2004 ~ (SEAL) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. WINERITER Plaintiff, VS. RANDALL S. WINERITER Defendant. CIVIL ACTION - LAW NO. 01-2501 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. Date and manner of service of the complaint: May 3, 2001, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff, August 13, 2001; by Defendant, August 16, 2001. Related claims pending: None. The attached Marital Agreement between the parties dated August 13, 2001, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. Date Plaintiff's Waiver in § 3301(c) Divorce was filed with the prothonotary: August 14, 2001. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 22, 2001. WEIGLE, PERKINS & ASSOCIATES David P. Perkins, Esquire Attorney for Plaintiff Attorney ID #34342 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE, PERKIN3 & ASSOCIATES ATTORNEYS At LAW 126 EAST KINg STREET -- SHIPPENSBURI3, pA 17257-1397 Page 1 of 7 MARITAL AGREEMENT THIS AGREEMENT, made this /-~'Tflday of ~ L~, (~ Ut ~-I" ,2001, by and between Randall S. Wineriter, hereinafter referred to as Husband, of 577 South Mountain Estate Road, Shippensburg, Cumberland County, Pennsylvania 17257, and Heather A. Wineriter, hereinafter referred to as Wife, of 8013 Scenic Drive, Shippensburg, Franklin County, Pennsylvania, 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 13, 1996, in Bradford, McKean County, Pennsylvania, with two (2) children having been bom of the marriage: Jordan M. Wineriter, bom June 15, 1998, and Madison I. Wineriter, born June 15, 1998; 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 hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification, the equitable division of marital property. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds 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. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. 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 IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. DATE OF EXECUTION The "date of execution" or "execution date" of the 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. Page 2 of 7 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to wife, by David P. Perkins, Esquire, who is attorney for wife and who prepared this marital agreement. Husband acknowledges that he has been advised of his right to seek independent legal counsel. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, 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 of 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. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. 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 or in any manner whatsoever with him or her. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter 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 whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. MOTOR VEHICLES A. The parties agree that Wife shall become the sole and exclusive owner of the parties' 1999 Honda Accord motor vehicle. Husband hereby specifically waives, releases, renounces and forever abandons whatever claims, if any, he may have with respect to the Honda motor vehicle. Wife shall be solely responsible for all payments of the debt secured by said motor vehicle owed to American Honda Finance in the approximate amount of Fourteen Thousand Five Hundred Ninety-seven Dollars ($14,597.00). Wife shall indemnify and hold Husband harmless with respect to the loan obligation owed to American Honda Finance. Page 3 of 7 B. The parties agree that Husband shall become the sole and exclusive owner of the parties'1998 Dodge Caravan motor vehicle. Wife hereby specifically waives, releases, renounces and forever abandons whatever claims, if any, she may have with respect to the Dodge motor vehicle. Husband shall be solely responsible for all payments of the debt secured by said motor vehicle owed to PSECU in the approximate amount of Twelve Thousand Six Hundred Sixty-two Dollars ($12,662.00). Husband shall indemnify and hold Wife harmless with respect to the loan obligation owed to PSECU. MOBILE HOME Parties hereto acknowledge and agree that they are the owners of a certain mobile home presently located in the state of Texas. The parties agree that the mobile home shall become the sole and separate property of Husband. Wife shall execute the necessary documents to transfer ownership of the mobile home to Husband upon Husband's request. Husband shall assume responsibility for payment of the debt secured by the mobile home owed to Chase Manhattan in the approximate amount of Forty Thousand Dollars ($40,000.00). Husband shall indemnify and hold Wife harmless with respect to the loan obligation to Chase Manhattan. Husband shall be solely responsible for all costs and expenses associated with the mobile home including, but not limited to, taxes, utilities, and insurance. AFTER-ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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 not married. MARITAL DEBTS Wife shall assume responsibility for payment of the following debts, and Wife shall indemnify and hold Husband harmless with respect to these debts: Fleet credit card in the approximate amount of Seven Thousand Dollars ($7,000.00); and Discover credit card in the approximate amount of Four Thousand Dollars ($4,000.00). Husband shall assume responsibility for payment of the following debts, and Husband shall indemnify and hold Wife harmless with respect to these debts: 2. 3. 4. Jointly titled Amway credit card through US Bank in the approximate amount of Three Thousand Dollars ($3,000.00). Jointly titled Visa credit card through PSECU in the approximate amount of Five Thousand Dollars ($5,000.00). Joint personal loan through PSECU in the approximate amount of Four Thousand One Hundred Dollars ($4,100.00). Loan in Husband's name through USAA credit card in the approximate amount of Ten Thousand Dollars ($10,000.00). Page 4 of 7 First USA credit card in Husband's name in the approximate amount of Ten Thousand Dollars ($10,000.00). US Bank credit card in Husband's name in the approximate amount of Three Thousand Five Hundred Dollars ($3,500.00). Citibank credit card in Husband's name in the approximate amount of One Thousand Dollars ($1,000.00). WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability 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 harmless from 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. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all 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 whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such 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, courtesy, or claims in the nature of dower or courtesy or widow's or widower'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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to 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 and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. ,. ! Page 5 of 7 WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divome Code of 1980, as amended. Wife agrees to pursue the present divome action filed to No. 01-2501 Civil, 2001, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Husband agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. BREACH If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Page 6 of 7 ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. NO WAIVER OF DEFAULT This Agreement shall remain in full fome 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 shall 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 shall it be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY 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 provisions 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 the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 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. VOLUNTARYEXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: RANDALL S. WlNERITER Page 7 of 7 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS On this, the day of (9.zzr:ix.~a~ ,2001, before me a Notary Public, the undersigned officer, personally appeared I-Ileather A. Wineriter, known to me to be the person whose name is subscribed to the within Agreemem and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and seal. Notarial Seal Patricia L. Tome, Notary Public Shi _p~. rg Bom_, Cum .b~rland County My Commission I::xpires JUre 7, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~rnk'20cl&c~ , SS (SEAL) On this, the [(p day of HI)t~O,~ ,2001, before me a Notary Public, the undersigned officer, personally appeared'Randall S. Wineriter, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. t' (SEAL) NOTARIAL SEAL PAMELA A SWITALSK1 Notary Public ShiPpensbu~g, Cumberland County My Commission Expires Feb 9, 2004 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. HEATm~K A. ~/INERITER N o. 01-2501 VERSUS RANDALL S. ~/INERITER PLEAS Defendant AND NOW, DECREE 1N DIVORCE , 2001 , IT IS OrDErED AND DECREED THAT AND , PLAINTIFF, , 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 attached Harita! Agreement between the parties dated AuRust 13, 2001, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. BY THE COU~: