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HomeMy WebLinkAbout04-4104 KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0'-1- 1./101-/ CA ~ it CIVIL ACTION, LAW PHILlPJ. WALTERS, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim of 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 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, Cumberland County Courthouse, Hanover and High Streets, 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 Hanover and High Streets Carlisle, PA 17013 Telephone: (717) 249,3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~- LlI ",,<I CIVIL ACTION - LAW PHILIP J. WALTERS, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Kathleen A. Walters, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I . Under Section 3301{c) of the Divorce Code 1. Plaintiff is Kathleen A. Walters, an adult individual who currently resides at 10 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff has lived at said address since February, 1994. 2. Defendant is Philip J. Walters, an adult individual who currently resides at 10 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17013. Defendant has lived at said address since February, 1994. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 4,1989, in Harrisburg, Dauphin County, Pennsylvania. 5. The Plaintiff is a citizen of the United States of America and is not a member of the Armed Forces. The Defendant is a citizen of the United States of America and is not a member of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that she may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). Respectfully submitted, DATED: J \ WIOLf WIX, WENGER & WEIDNER '~.)-J R/ ft'"~",, " By: _ . .,' / . ..- .. ~' - David R. Getz, Esquire . I Attorney 1.0. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff F:\drg19207 - Walters, Kathleen A\9889 - Domestic RelationslDocumentslDivorce Complalnt.doc VERIFICATION I, Kathleen A. Walters, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief, I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. DATED: g/I0-/04 ,2004 7V ~ - ':B: -!:: ~' o ~ ~ V' J: C' ~ - -D C> .' ~ -0 ~ ~ - ..... @ '-"-.1 '-;', KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04,4104 Civil PHILIP J. WALTERS, Defendant CIVIL ACTION, LAW IN DIVORCE AFFIDAVIT OF SERVICE Paula A. Kalinowski, being duly sworn according to law, deposes and says that she is a legal assistant at the law offices of Wix, Wenger c~ Weidner, and that on August 19, 2004, she sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, Philip J. Walters, Certified Mail, No. 7003 168000065640 2015, postage prepaid, restricted delivery, return receipt requested, to 10 Teaberry Drive, Carlisle, Pennsylvania, 17013, the Defendant's last known address and that the Defendant received the Complaint in Divorce on August 2:8, 2004, as evidenced by the return receipt card signed by him on AUguS~\2004, malrked Exhibit A. yJIX, W~NGER :~EIDfER I! . \ {O, , /0 , ,", 1 By: ii' ti/ uta A. Kali owSkiif egal A 508 North Second Str et P.O. Box 845 Harrisburg, PA 17108,0845 (717) 234-4182 Attorneys for Plaintiff - hfW/l Notary Public 1/12./ O'i? My Commission Expires: (SEAL) COMMO :r F PENN YLVANlA Notarial S.al Harva Owings Bausllman, Notary Public City of Harrisburg. Dauphin County My Commission Expires July 12, 2008 Member, peoosylvania Association of Notaries ct1fuD\t \\AII (") c ;;:: 'Ul1J 1'1:f'Ti <i; 1; i~ >~ '. '" c.:.-' C,:') '"", (/,1 PI -u ( -n .--1 :f:" rnr:::: :32J (':)/) --, ~l") I W "", _.;+ ;'r-; L." ~" MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT ("Agreement") is made this /4 ~ day of NO v' . , 2006, between Kathleen A. Walters (hereinafter called "Wife"), of Carlisle, Cumberland County, Pennsylvania, and Philip J. Walters (hereinafter called "Husband"), of East Berlin, Adams County, Pennsylvania. RECITALS: R-1. The parties hereto are wife and husband, having been married on February 4, 1989 in Cumberland County, Pennsylvania. R-2. There are two children of the parties, namely: Kyle A. Walters, born on January 16, 1991, and Michael P. Walters, born October 28, 1994 (individually a "Child" and collectively the "Children"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before August 18, 2004 (the "Separation Date"), and intend to do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling child support, spousal support, alimony, alimony pendente lite rights, child custody and visitation, including without limitation: (a) The settling of all matters between them relating to the ownership of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband; (c) The settling of all matters between them relating to support, custody and visitation of the Children; and (d) 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 above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: 1 . Recitals. The above recitals are incorporated by reference as if set forth fully herein. 2. Separation. It shall be lawful for Husband and Wife to live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties does hereby warrant and represent to the other that Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, on August 19, 2004 filed to Docket Number 04- 4104, on the grounds that the marriage is irretrievably broken. Husband was properly served on August 28, 2004. Husband and Wife hereby agree that each of them will sign any and all consents, affidavits, agreements and other documents and take other such actions necessary to finalize said divorce at the same time that they execute this Agreement. 4. Legal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been represented by David R. Getz, Esquire. Husband has been represented by Jennifer Layman, Esquire. Each party acknowledges that she or he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and 2 obligations by counsel, or has waived the right to do so, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. Interference. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 6. Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 3 7. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. 8. Personal Property. (a) Vehicles. (1) Husband is the owner of a 1998 Chevrolet Blazer ("Husband's Vehicle"). Wife waives any interest she has in the Husband's Vehicle and Wife further agrees not to request any financial compensation regarding Husband's Vehicle. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Vehicle. (2) Wife is the owner of a 1997 Dodge Caravan ("Wife's Vehicle"). Husband waives any interest he has in the Wife's Vehicle and Husband further agrees not to request any financial compensation regarding Wife's Vehicle. Wife agrees not to hold Husband responsible for any financial debt regarding Wife's Vehicle. (3) The parties agree that from the date of this Agreement forward, they will each insure their respective vehicles at their own expense. (b) Furniture. The parties agree that they have already divided all of their furniture as set forth on Exhibit "A", which is incorporated herein by reference. All of the furniture in Wife's possession belongs to Wife. All of the furniture in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the furniture in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the furniture in Husband's possession. 4 (c) Other Personal Property. The parties agree that they have already divided all of their other personal property as set forth on Exhibit "A". All of the personal property in Wife's possession belongs to Wife. All of the personal property in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property in Husband's possession. 9. Real Property. (a) Husband and Wife are the owners of real property located at 10 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013 (the "Marital Residence"). Wife and the Children currently reside in the Marital Residence. (b) Husband has previously deeded his interest in the Marital Residence, and Wife has paid Husband $13,737.38, which Husband acknowledges receiving. The parties agree that this payment is fair and equitable. Wife refinanced the Marital Residence in August 2004, and Husband's name is no longer on the mortgage and Husband is in no way responsible for any of the costs associated with the Marital Residence. Wife shall retain the Marital Residence, and Husband waives any interest in the Marital Residence or any increase, interest or income therein. 10. Distribution of Other Assets. (a) Retirement SavinQs. The parties agree that Husband has individual retirement accounts, annuities and/or pension plans in the approximate amount of $88,288.04 ("Husband's Retirement Savings"). Wife waives any interest in Husband's Retirement Savings or any increase, interest or income therein. The parties agree that Wife has individual retirement accounts, annuities and/or pension plans in the approximate amount of $58,339.98 ("Wife's Retirement Savings"). 5 Husband waives any interest in Wife's Retirement Savings or any increase, interest or income therein. (b) Bank Accounts. Husband and Wife have already divided their jointly held bank accounts. Further, the parties each have separate bank accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. (c) After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date. 11. Taxes. Husband and Wife will file separate tax returns for 2005 and future years. Wife and Husband shall each be entitled to claim one Child as a dependent on all tax returns filed for 2005 and future years as long as both Children may be claimed as dependents. After that time, Wife will claim the remaining Child as a dependent in odd-numbered years, and Husband will claim the remaining Child in even-numbered years until that Child may no longer be claimed as a dependent. Husband and Wife will each pay their own personal (non-real estate) taxes. The parties will execute any forms required by the IRS to facilitate this paragraph. 12. Alimony. The parties have disclosed their respective annual incomes to one another. In consideration of the other provisions of this Agreement, Wife and Husband agree to waive spousal support, alimony pendente lite and alimony. 13. Support of the Children. Husband and Wife agree to the following provisions regarding support of the Children: (a) The parties have shared legal and physical custody of the Children. Both parties agree not to seek child support at this time. 6 (b) Medical insurance for the Children and payment of unreimbursed medical expenses will be provided as set forth in Paragraph 14 hereof. (c) Expenses. (1) The parties agree to divide the following expenses for the Children equally: school tuition at St. Joe's and Trinity High School; school-related expenses other than uniforms; fees relating to sports activities and sports camps; and fees relating to summer camps. (2) Wife and Husband will each pay for certain insurance coverages for the Children as set forth in Paragraph 14 hereof. The parties shall exchange information related to the cost of said insurance in January of each year for the following year. Wife shall then pay all expenses for the Children for school uniforms, clothing, shoes, and haircuts, up to the difference between what Husband is paying for insurance and what Wife is paying for insurance. Thereafter, upon presentment of receipts, Husband shall reimburse Wife one-half of the cost of all such expenses for the remainder of the year. If the cost of uniforms, clothing, shoes and haircuts does not exceed the cost of insurance paid by Husband, then Wife shall reimburse Husband one half (1/2) of the cost at the end of the year. (d) ColleQe. The parties agree and understand that it is their intention for the Children to attend college. The parties have set funds aside in accounts at PSECU in the names of each of the Children, which accounts shall remain in the custody of Wife and will be used for college expenses. Any future monetary gifts for birthdays, etc. not given directly to the Children will be deposited into this account. Any savings bonds or TAP funds shall remain in the custody of the parent who initiated it and will be used for college expenses. The parties further intend that the Children will apply for scholarships, grants and work study programs in accordance with each Child's abilities. Husband and Wife agree to divide the remainder of the college expenses 7 equally, with each party to pay one half (1/2) of the college expenses. If a Child does not go to college, any of the above funds will be given to or transferred to the Child, to the extent permitted by law, at age 21. 14. Medical Insurance. (a) Husband and Wife shall each be responsible for their own medical insurance coverage after the date that the decree in divorce is entered. (b) Husband shall provide medical and vision insurance coverage for the Children until each Child reaches such age or status as to be ineligible for coverage under Husband's medical insurance plan, unless the cost of medical insurance becomes unaffordable because of loss of job or some other unforeseen circumstance. In the event that Husband no longer provides medical and vision insurance coverage for the Children, then the cost of such insurance will be added to Wife's share of expenses set forth in Paragraph 13(c)(2) hereof, and Husband shall reimburse Wife one-half of the cost of all expenses. Wife shall provide dental insurance coverage for the Children until each Child reaches such age or status as to be ineligible for coverage under Husband's medical insurance plan. The parties will share equally any medical expenses for the Children that are not reimbursed and/or otherwise covered by the respective insurance plans, including without limitation doctor's office visits and prescription, dental, and eye care expenses. The parties shall divide equally any orthodontic expenses for the Children. 15. Custody of the Children. Husband and Wife have reached agreement concerning the custody the Children, which agreement is set forth in a Child Custody Agreement attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in full. 16. Liabilitv for Debts. 8 (a). Marital Debt. During the course of the marriage, and before the date of this Agreement, Husband and Wife have incurred various debts, bills, and obligations. Husband and Wife agree that, as of the Separation Date, the parties owed jointly owed marital debt to the following creditors in the following approximate amounts: American Home Bank Mortgage. $141,534; PSECU for Husband's Vehicle. $6,818; M& T for Wife's Vehicle, $1,500; PSECU PSL Loan, $8,708; PSECU Visa, $1,311; Citibank MasterCard, $9,010; Kohl's Department Store, $400; J.C. Penney, $179; Citifinancial, $3,423; UGI, $83; PPL, $167, St. Joes' School tuition $331; and Y Camp; $230 (collectively the "Marital Debt"). Husband and Wife represent to one another that there are no other outstanding debts, bills or obligations for which the parties are jointly responsible other than the Marital Debt. Wife hereby assumes responsibility for paying the Marital Debt in consideration of all of the other provisions of this Agreement. Wife has paid a portion of the Marital Debt with the refinancing of the Marital Residence into Wife's name alone. 17. Wife's Debts. Wife represents and warrants to Husband that she has not since the date of separation and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. Husband's Debts. Husband represents and warrants to Wife that he has not since the date of separation and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 9 19. LeQal Fees. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses. Wife hereby agrees to be responsible for Wife's legal fees, costs and related expenses. 20. Survival Upon Divorce. 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 now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but shall not be merged into the final decree in divorce. 21. Mutual Release. Wife and Husband 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 rights, titles and interests 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 situate, which she or he 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, engagement or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance, or under 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, or any rights which Wife may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs orö 10 expenses, except as provided herein, whether arising as a result of the marital relation or otherwise, 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 provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the 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, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is expressly understood, however, that neither the provision of this release nor the subsequent entry of a divorce decree are intended (i) to defeat the right 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), or (ii) 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 to or subsequent to this Agreement, or (iii) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws. 22. Further Documents. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 23. Entire Aareement. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein 11 contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. Nonwaiver of Performance. This Agreement shall 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 not be construed as a waiver of any subsequent default of the same or similar nature. 25. Invalidity. 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 anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. 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 such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 12 27. Governina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: tJCrJ~~M WIFE: ~a~ WITNESS: tJ~cL~~ ;~~BAN~ Ph~alters F:\drg\9207 - Walters, Kathleen A\9889 - Domestic Relations\Documents\Walters Marital Settlement Agreement Final to be Executed.doc 6/16/06 13 COMMONWEALTH OF PENNSYLVANIA Cv.- ~~ SS.: COUNTY OF On this, the 11 day of tv ~ 2006, before me, a Notary Public, the undersigned officer, personally appeared Kathleen A. Walters, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~ F"~'h Notary Public / My Commission Expires: YLVANlA (SEAL) "m OF PENNS Notarial Seal . Robert F. Koller, Jr., NotalYridPCoubllC MIddIeMX '\'Wp., Cumberla untY My CommltslOn E~\res Feb. 12.2008 Member, Pennsylvenl8 AS!IOcialion of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF C--...~ S8.: On this, the IV/day of Ai t)~b2006, before me, a Notary Public, the undersigned officer, personally appeared Philip J. Walters, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. {) J. -t--0 ~!) ~ My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robert F. Koller, Jr., Notary Public MiddleseX Twp.. Cumberland County My Commission Expires Feb. 12, 2008 Member, PennsyivMia tI.$socialion of Notaries 14 Exhibit "A" The parties are satisfied with the division of their furniture. All of the furniture in Wife's possession belongs to Wife. All of the furniture in Husband's possession belongs to Husband. The parties are satisfied with the division of their other personal property. All of the personal property in Wife's possession belongs to Wife. All of the personal property in Husband's possession belongs to Husband. 15 EXHIBIT "B" CHILD CUSTODY AGREEMENT THIS CHILD CUSTODY AGREEMENT ("Custody Agreement") is made as of the ~ day of f\1ov, , 2006, by and between Kathleen A. Walters (the "Mother") and Philip J. Walters (the "Father"). Mother and Father are the parents of two minor children, Kyle A. Walters, born on January 16, 1991, and Michael P. Walters, born October 28, 1994 (individually a "Child" and collectively the "Children"). Mother and Father hereby agree to the following parenting plan for the custody of the said Children: 1. The parties shall share legal custody of the Children as that term is defined in 23 Pa. e.s. 9 5302. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Children. 2. The parties shall share physical custody of the Children according to the following schedule: a. Each two week cycle shall be on a rotating schedule. During the school year, in the first week of the two week cycle, Mother will have the Children on Monday, Wednesday and Friday from after school until the next day, and Father will have the Children on Tuesday and Thursday. In the second week of the two week cycle, Mother's and Father's days shall be reversed. During the school year, Father shall pick up the Children from Mother's home on his days and shall be responsible to transport the Children to school the next day. When school is not in session, Father shall pick up the Children from Mother's home after work on his days and shall be responsible to return the Children to Mother's home or to the Children's summer camp the next day before work. b. The parties shall alternate weekends from Friday from after school until Sunday at 8:00 p.m. Mother shall transport the Children to Father's home on the weekend when the Children are with Father. Father shall transport the Children to Mother's home on Sundays. c. The parties will work together to divide holidays so that the holidays are share equally and rotated. The Children shall be with Father on Father's Day and with Mother on Mother's Day and with each parent on the respective parent's birthdays, all of which shall override the regular schedule set forth above. d. Should either parent desire to take the Children on vacations, that parent shall give the other parent at least thirty (30) days advance notice; the other parent shall reasonably cooperate with vacation schedules. Vacations may be no longer than sixteen (16) consecutive days. The party taking the Children on vacation will pay all costs of the vacation. e. When Father or Mother is out of town on business or vacation, the other parent shall be given first opportunity to care for the Children. f. Such other times and days as Father and Mother shall mutually agree from time to time, considering the Children's activities. 3. The parties shall each be responsible to transport the Children to their activities when the Children are in their custody. Should a parent not be able to transport the Children, each will give the other as much advance notice as possible. 2 4. ReliQious Upbrinaina. The parties agree that the Children will be raised in the Roman Catholic faith. The parent who has custody of the Children each weekend will be responsible to take the Children to Mass every weekend. The parents will cooperate and assist with the Children's attendance at Confirmation activities and service hours. The parties further agree that the Children will continue to attend Catholic school provided that each Child agrees and that each Child's academic performance merits continued attendance at Catholic school. 5. Each parent is entitled to receive information concerning the Children directly from schools, health care providers, or other relevant sources. 6. Each parent shall encourage the Children to comply with the parenting agreement and shall attempt to foster in the Children a positive view of the other parent. 7. Each parent shall keep the other parent informed with an address and telephone number at which the Children will be while in their custody. Each parent shall be entitled to reasonable telephone and/or email contact with the Children while the Children are in the custody of the other parent. 8. The parties may decide different time arrangements other than those provided for in the Custody Agreement and make decisions for the Children whenever they mutually agree to do so. Nothing in this Custody Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this Custody Agreement will be followed. 3 9. During any period of custody or visitation, the parties shall not possess or use tobacco or any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the Children to any unlawful activities. The parties shall assure that other household members and/or houseguests comply with this prohibition. 10. During any period of custody or visitation, the parties shall not have an adult guest sleep over or cohabit with another person not their spouse. 11. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of this matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the Children for all purposes. IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby, Mother and Father have executed this Custody Agreement as of the day and year first above written. WITNESS: MOTHER: !u~ ,;/~ ~lUllfu, Katti en A. alters WITNESS: FATHER: N~~M; ~/ I :JL U..' .~ -Philip :~ F:\drg\9207 - Walters, Kathleen A\9889 - Domestic Relations\Documents\Walters Custody Agreement.doc 4 COMMONWEALTH OF PENNSYLVANIA COUNTYOF C-..W~ SS.: On this, the / c( day of No~k 2006, before me, a Notary Public, the undersigned officer, personally appeared Kathleen A. Walters, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~r~.~ Notary Public , My Commission Expires: (SEAL) ~{)MMONWEALTH OF PENNSYLVANIA Notarial Seal . Robert F. Koller. Jr.. NotarYr\aridPubllC M\ddIe8eX Twp.. cumbe ~ My Commission 8;plres Feb. 12, Member, Pennsvlvanill ~.Ssociil!l('In ('If NoI8tIet COMMONWEALTH OF PENNSYLVANIA COUNTY OF C--w~ SS.: On this, the I V day of No~k 2006, before me, a Notary Public, the undersigned officer, personally appeared Philip J. Walters, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. N/!:!:::;P ~ 9 My Commission Expires: (SEAL) COMMON\~EALn-: 01' PENNSYLVANIA Notariai Seal Robert F. KOller,Jr., Notary Public Middlesex Twp. Cumberlarid County MyCommissior. ;::;yplras Feb. 12, 2008 Mltmber ;>..n~,",~~~~~i;A;lSOOI!l1ion of Notaries 5 ~ "'Q Ct1 rn fit Z'{:Q ~?; :/" ,;- ~CJ "J::"CI ';?-. Q ",.. C_ ~ ~ ~ - a -..::. f'.) '\D ~ u:> .. ~ ~~ -om :J:) 9 go ~1) ~~ -~ - ~ - KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4104 Civil PHILIP J. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301 of the Divorce Code was filed on August 19, 2004. 2. The marriage of 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. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ~mm DATE: N OV. 1'1_,2006 ~ f'"o3 ~ g d'" ~ ~~ 6 4::. :r.: :B ZS; ......, U?,.:;" v:> 00 cO ~..,., :.:::: ~ o:P iQ -...~ ~ '-!? ~ - ~ - KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4104 Civil PHILIP J. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (cl 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. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. K~ Dated: f\I 0'1. I ~, 2006 ~ i ~ ~ ~ \i.Zl \\~c~ ~ \\ ~ ; ~ KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4104 Civil PHILIP J. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 of the Divorce Code was filed on August 19, 2004. 2. The marriage of 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. I verify that the statements made in this Affidavit are true and correct. 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: NOv'. I ~_, 2006 ~i ~ Q g c::T'- ; ~ ~c ~ -'~: '4D ~c; ~~ %0 ~ (2~ ')i.O '!? ~ '2 ~ ~ - - KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4104 Civil PHILIP J. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE 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. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Dated: 1\1 0 V . Pi , 2006 ~ ~~ ..,..,., ~~ ::.<,.,,- ~c: ~G --0 ""'c.: ~ g ~ ~ ~~ ~ ~~ ~ ~~ 0'" \.0 ~ .. ~ - KATHLEEN A. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4104 Civil PHILIP J. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ (3301 (c) 3301 (d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Auaust 19. 2004 bv Certified Mail Return Receipt Reauested. Defendant Accepted Service on AUQust 28, 2004. Plaintiffs Affidavit of Service Form was filed on September 2. 2004. 3. Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by ~ 3301 (c) of the Divorce Code: by Plaintiff: November 14, 2006; by Defendant: November 14,2006. (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/ ~. 4. Related claims pending: None. Marital Settlement Agreement to be incorporated by reference, but not merged. 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 Plaintiff's Waiver of Notice in S 3301 (c) Divorce was filed with the Prothonotary: November 27, 2006. Date Defendant's Waiver of Notice in S 3301 (c) Divorce was filed with the Prothonotary: November 27, 2006. Wix, Wenger & Weidner S1lL:d i? y:Ye / David R. Getz, Esquire Attorney for ( X ) Plaintiff ( ) Defendant 8 ;:H.~ -Jii''''f'"". "'-" ;:: .~-. Z't~ 'lJj ".., ~-.~" r;2C: ;>'.." Z" --0 ):"c Z ~ ~ c:::t c:::> c;r. a < N \D ~ \D .. ~ ii g-n 5~ .~ ~ ~'f. 'f. 'f. 'f. if. if. if. 'f. 'f. if. 'f. 'f. if. 'f. 'f. 'f. 'f. 'f. 'f. 'f. if. 'f. if. if. 'f. if. if. 'f. 'f. if. 'f. 'f. 'f. 'f. 'f. '" '" '" ;Ii ;Ii;li 'f. ;Ii;li'f. if. ;Ii ;Ii ;Ii ;Ii '" ;Ii ;Ii ;Ii;li;li"';Ii if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KATHLEEN A. WALTERS, Plaintiff No. 04-4104 - Civil VERSUS PHILIP J. WALTERS, Defendant DECREE IN DIVORCE AND NOW, ~Cp , ~~'T IS ORDERED AND DECREED THAT KATHLEEN A. WALTERS , PLAI NTI FF, AND PHILIP J. WALTERS , 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; The Marital Settlement Agreement, dated November 14, 2006, in Divorce. is incorporated, but not merged, B Ams~~ PROTHONOTAR~ 'f.;Ii;li ;j; ff.;Ii 'f.'f.'f. ff.ff.;liff.'f. 'f.'f.'f.'f.ff.'f.ff.'f.'f.'f.;j;'f. ;Ii;j;'f.ff.'f.;j;'f.'f.'f.'f.'f. :f. :f. :f. :f. 'f.ff.T. ~,?~~U: 1c9" L.cl ~~.p~~~~.~ ~. t'CI , .. . ~_.. ... '" ". ~~ '"