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HomeMy WebLinkAbout05-0745IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, Plaintiff V. SANDY L. GLEIM, Defendant CIVIL ACTION - LAW NO. C'S 715` Lil?? IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When 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, I Courthouse Square, 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 WEIGCE 3 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG. PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, Plaintiff V. SANDY L. GLEIM, Defendant CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Richard G. Gleim, by and through his attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Richard G. Gleim, is an adult individual presently residing at 10 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17244, since February 15, 2001. 2. Defendant, Sandy L. Gleim, is an adult individual presently residing at 905 Roxbury Road, Shippensburg, Franklin County, Pennsylvania 17257, since approximately October 2003. 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 April 1, 1961, in Westminster, Carroll County, Maryland. 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 right to request that the court require the parties to participate in counseling. The marriage is irretrievably broken. The parties have lived separate and apart since February 15, 2001. 9. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 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. WEIGLE & ASSOCIATES, P C JerVA. Weigf6,Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE S ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 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. Dated: 0 _ Richard G. Gleim, Plaintiff WEIGLE E ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r'??.` ?? .,. .,? , h ` ?. ? i ? 4 ` ?"? ? `? ? ? ?' ? ?? r ? ?4 c,? u.. ?. ?' ? ?? ?? ?. ?? .''\\.? F --?, <> ?. :_ 'S1 Cl'1 ?, ?-{ ?i ??1 `? c,.. ? ?- J Cr ?:? c?,? _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, CIVIL ACTION - LAW Plaintiff V. NO. 05-745 Civil SANDY L. GLEIM, . Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint and Notice to Defend and Claim Rights in the above referenced matter on behalf of the Defendant, Sandy L. Gleim, and certify that I am authorized to do so. Dated: WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 1725]-139] Carlisle, PA 17013 Richard G. Gleim vs Case No. 05-745 Civil Sandy L. Gleim Statement of Intention to Proceed To the Court: Jerry A. Weigle, Esquire Print Name jK - J e t a I _ Sign Name Date: 0 Z 0 Attorney for Explanatory Comment with the above captioned - I / I'l, Richard G. Gleim The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r7n ? , rµ rw-a R?'?- 'Y>y ?.y Tt _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, CIVIL ACTION - LAW Plaintiff V. NO. 05-745 Civil SANDY L GLEIM, Defendant IN DIVORCE PETITION TO AMEND COMPLAINT IN DIVORCE, NUNC PRO TUNC AND NOW COMES Richard L. Gleim, Plaintiff in the above captioned divorce action, who files this Petition by and through his counsel, Jerry A. Weigle, Esquire, to amend the complaint filed in this proceeding nunc pro tunc as follows: 1. The Complaint filed states the name of the Defendant as Sandy L. Gleim. 2. The Defendant's correct given name is Sandra L. Gleim. 3. The Defendant, Sandra L. Gleim, will not be unduly prejudiced in any manner by the amending of the Complaint filed. WHEREFORE, Plaintiff Richard L. Gleim respectfully requests that this Court grant Plaintiffs Petition to Amend the Complaint in Divorce, Nunc Pro Tunc, by granting leave to correct the name of the Defendant from Sandy L. Gleim to her proper given name of Sandra L. Gleim. r Date: Z s 3 - 0'? I/I / i -l r, try ?. Wee, Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, Plaintiff V. SANDY L. GLEIM, Defendant CIVIL ACTION - LAW NO. 05-745 Civil IN DIVORCE PLAINTIFF'S PETITION TO CORRECT NAME OF DEFENDANT Plaintiff, Richard G. Gleim, by his undersigned attorney, petitions this Court under Pa. R.C.P. 1033 to correct the name of the defendant in this action, and in support thereof avers the following: 1. The Defendant's correct given name is Sandra L. Gleim, rather than Sandy L. Gleim as set forth in the Complaint. 2. The complaint has been served upon the Defendant. 3. Plaintiffs requested amendment will merely correct the name of the defendant in this action and will not add a new party nor introduce any new causes of action against her. 4. Defendant, Sandra L. Gleim will not be unduly prejudiced or surprised in any manner by the amending of the Complaint filed to her given name. WHEREFORE, Plaintiff, Richard L. Gleim respectfully request that this Co' grant Plaintiffs Petition and correct name of the Defendant from Sandy L Gleim her proper name, Sandra L. Gleim. Jerry A. Weigle, Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 •r,. VERIFICATION I verify that the statements made in the foregoing Plaintiffs Petition to Correct Name of Party are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unworn falsification to authorities. Dated: Richard L. Gleim, Plaintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 N c? ? tK? ww?'1 f {{ i C D - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, CIVIL ACTION - LAW Plaintiff V. NO, 05-745 Civil SANDRA L. GLEIM, AKA SANDY L. GLEIM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3341(c) of the Divorce Code was filed on February 10, 2005. 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 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 are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: ? Z 2 D &".c- --'?. Richard G. Gleim, Plaintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ? ° ? ? 1'r.` ? ?I ' i ` ` ? ? ? ? K ?- ? 1 ?. ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, Plaintiff CIVIL ACTION - LAW V. SANDRA L. GLEIM, AKA SANDY L. GLEIM Defendant NO. 05-745 Civil IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 unsworn falsification to authorities. Dated: Richard G. Gleim, Plaintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, CIVIL ACTION - LAW Plaintiff . V. SANDRA L. GLEIM, AKA SANDY L. GLEIM Defendant NO. 05-745 Civil IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on February 10, 2005. 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 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 are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. ?- D 9 de a Dated: 01- Sandra L. Gleim, Defendant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r.a i c-n CA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, CIVIL ACTION - LAW Plaintiff V. NO. 05-745 Civil SANDRA L. GLEIM, AKA SANDY L. GLEIM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 unsworn falsification to authorities. Dated: Sandra L. Gleim, Defendant WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r t r ?g G ? ^.1 F-1 f3 6 2Q9Q G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, CIVIL, ACTION - LAW Plaintiff vi, NO. 05-745 Civil SANDY L. GLEIM, Defendant . IN DIVORCE ORDER AND NOW, thus . day of 2009, upon consideration of the within Petition to Amend Complaint in Divorce, Nunc Pro Tune, and upon Motion of Jerry A. Weigle, Esq., attorney for the Plaintiff, it is hereby ORDERED and DECREED that the Complaint in Divorce is hereby amended, Nunc Pro Tune, to correct the name of the Defendant from Sandy L. Gleim to her proper given name of Sandra L. Gleim. f J. 6e? ?Ko d WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?ino 9 • i Wd 1 ! 93.E 6 OZ I? ?1i ;i t!'; d -3HJL J0 3312-40--031H Page 1 of 8 KiRITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day o , 200(, by and between Richard G. Gleim, hereinafter Llerr to as sband, of 0 Mountain View Terrace, Newville, Pennsylvania 17241, and Sandra L. Gleim, hereinafter referred to as Wife, of 905K Roxbury Road, Shippensburg, Pennsylvania 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 1, 1961, in Westminster, Carroll County, Maryland, with five (5) adult children having been born of this marriage; 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; and the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth 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: 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, 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 E INCORPORATED IN DIVORCE DECREE Page 2 of 8 The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them, but shall not be merge with such decree. 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jerry A. Weigle, Esquire, for Richard G. Gleim, and Nathan C. Wolf, Esquire, for Sandy L. Gleim. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the 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. SEPARATION DATE The parties do hereby acknowledge that they separated on February 15, 2001. It is hereby agreed that February 15, 2001, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. DIVISION OF REAL AND PERSONAL PROPERTY Page 3 of 8 DIVISION OF REAL AND PERSONAL PROPERTY The Parties hereto acknowledge and agree that they have previously divided all real estate, vehicles, bank accounts, household contents, appliances and personal property, whether owned jointly or singularly which make up what is legally termed the "marital estate". 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. AFTER-ACQUIRED 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. PENSION PLANS a. Wife hereby waives any and all right to claim any interest or share in Husband's 401k pension or retirement plan with an approximate value of $2,114.28. b. Husband hereby waives any and all right to claim any interest or share in Wife's 401k pension or retirement plan with an approximate value of $21,000.00. HUSBAND'S IRS OBLIGATION FOR TAX YEARS 2001-2005 The parties hereto acknowledge and agree that Husband previously incurred through self- employment and IRS Federal Income Tax obligation for tax years 1993-2005, and that husband has agreed to pay said obligation in full pursuant to a certain IRS annual Installment Statement Agreement dated August 28, 2008, a copy of which is attached hereto made a part hereof and marked Exhibit "A". The last statement balance from the IRS dated 12-10-08, a copy of which is attached hereto made a part hereof and marked Exhibit "B" shows a balance due on this matter of $274.82. Husband agrees to be solely responsible for said tax obligation and also agrees to indemnify and save Wife harmless should any action be taken against Wife to collect said obligation from Wife. WARRANTY AS TO EXISTING OBLIGATIONS Page 4 of 8 Each parry 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 a liability whatsoever for which the estate of the other may be liable. LEGAL FEES Husband shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Wife agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Husband's attorney. 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 8 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 Divorce Code, as amended. Richard G. Gleim agrees to pursue the present divorce action filed to No. 05-745 Civil, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Sandy L. Gleim 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. WAIVER OF ALIMONY AND OTHER RIGHTS Page 6 of 8 The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each parry may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 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. 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 force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor 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 Page 7 of 8 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. VOLUNTARY EXECUTION 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. RICHARD G. GLEIM Page 8 of 8 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the day of 200, before me a Notary Public, the undersigned officer, on ally apleement red Richard G. Gleim, known to me to be the person whose name is subscribed to the within A and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. W.'? (SEAL) NOVARIAL SEAL. Jerry A. Weigle, Notary Public COMMONWEALTH OF PENNSYLVANIA Shippensburg, PA Cumberland County : SS My Commission Expires October 7, 2010 COUNTY OF CUMBERLAND -7 a On this, the day of December, 2008, before me a Notary Public, the undersigned officer, personally appeared Sandra L. Gleim, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Vllolf, Notary Public Carl" Boro, Cumberland County My ComMission Expires April 19, 2012 Member, Pennsylvania Assoclabor of Notaries Department of the Treasurt 41QA' IR Internal Revenue Scrvice Andover, MA 05501 081240.478735.0260.006 1 AB 0.351 692 1111111{{II1111I1I1?11I11I11 IV III III I I I I I III I I I III III 111111111 RICHARD G GLEIM 10 MOUNTAIN VIEW TER NEWVILLE PA 17241-9022 • 4#: '1240 THIS IS NOT A BILL WI Notice Number: CP- 69 Notice Date: Aug. 28, 2008 Taxpayer Identification Number: 192-34-5771 If you have any questions, please call us at: 1-800-829-0922 Annual Installment Agreement- Statement THIS IS FOR YOUR INFORMATION This is your Annual Installment Agreement Statement. This two-part statement shows the installment agreement activity from July 9, 2007 to July 7, 2008, for each tax period included in your agreement. 1. The Payment Detail page shows the payments received and where they have been, applied. Your payments are listed by date received to assist you as you review your records. The • payments are also totaled at the end of the detail, for your convenience. Your payments have been applied according to the terms of your agreement and in accordance with the law. For each tax year, your payments are applied first to tax, then penalty, then interest, and other charges. II. The Installment Agreement Activity page shows each tax period for which you owed tax. The Beginning Balance is calculated as of July 9, 2007, or the date you entered a tax period, into an installment agreement, if it was later. The beginning balance of each tax period includes the unpaid tax, penalty, and interest as of this calculation date. The Total Interest, Total Penalty and Other-C -harges are the amounts added during this period. Other Charges are items such as fees, refunds or adjustments. If 'd lik Jo4iayJhe full amount you owe lease callus at 1-800-829-0922 so we may give You 1'111' ^; e# 4g re Your future statements will be mailed to you annually, or as ong as you have installment agreement activity. As always, we appreciate your timely payments. Exhibit "A" RICHARD G GLEIM 192-34-5771 a9 Payment Detail for July 9, 2007 to July 7, 2008 Payment Applied Applied to Date Amount Tax Form Tax Period 01/1912008 $ 142.00- 1040EZ 12/31/2001 02/21/2008 S 142.00- 1040EZ 12/31/2001 03/191/2008 $ 142.00- 1040EZ 12/31/2001 04/21/2008 4 142.00- 1040A 12/31/2005 05/19/2008 4 142.00- 1040A 12/31/2005 06/151/2008 $ 142.00- 1040A 12/31/2005 1240 Total Payments $ 852.00- "Exhibit A" Continued Payments received after June 23, 2008may not appear on this statement,but will be shown on your next annual statement. If you think we missed giving you creditfor a payment,please call 1-800-829-0922 and we will be glad to resolve any discrepancies. 0 O Cl N 4a? ?G P3 Q- (Q O O N C S? LC t? a O OD N tg c0s3 N' 4- ta. N C op W ? C Y T! .,,a G o rF O G rr ?, G r o ? Y cr, o p, W 40 4N Sal ,.,. f. 4D 'rop -,1 4w (D O W a o co ?r m r S1 t1 ? L9 O- o ? N 00 ss N Y ? L1. 0 a tp N yr yr 1h W1 N n Ifs a m d JIB-3--rib-It p," Continued ©bZ ---------------------- ----------------- ------.,,.......------- ? TYeCIt VOUf Ekpenee8... TAX 0CDuC.'rinL9 IT[M .i? CMorrgope! Rent C wwportaion CEMertapvnent BTtavol DO NOT U S E EIOw / oedrlc • [ ] araa;[ corn C ' M I M I Q W / D e m F O R R E O R D E R I N G 3.99 CTdephaw E IT. • []Dependent Caro h C Food ?(uro woe. A)AO) [16avinoe&IraeslmoM Cba,nng CAB l? r1e"eptaral QOdier 9AL. i' f FORD N/?/ r?r` -.?../ l r• •'r X THIS 2,7 •G/ • ?'7 PAYMENT J r We Now: / O'fhER • Carry GawrAw iorwArd ' • C OK type of expanse BAL. • Add detalW an man* One fORrD • Rozoki Ouolimft in DeNm Check eox .naa»sse ?w.r-arnr..u6s+xa-.ixaa _ ?.rr?r?_..+r.nra? Memp 6, ?'>f cL:?n: Llar,?i'.;:`-t,s Q? .. NOT 44, EGOTfABLE 41 C+ Dcpartnicut of the rrcNSUry 110% 1Rs Intend RPi'enue Service ANDOVER, MA 05501-0030 148873.515813.0543.013 1 AB 0.351 765 ?1111??11?11na?I?tllfrlli1E1111n?rll?llt111unllnlllllllla,a, RICHARD G GLEIM 10 MOUNTAIN VIEW TER NEWVILLE PA 17241-9022101 iQ.flfl73 016853 200712 WI Notice Number: CP 521 Notice Date: 12 -10 - 2 o 0 8 SSN/EIN: 192-34-5771 Caller ID: 396441- 4192345771101* Monthly Statement This is a reminder that your next payment of $•2 7 4.82 is due on 12-20-2005 F6'rin: Liabilities Tax Period: 12-31-2007 not shown: Current Balance: 5274.82 $0.00 Includes: Penalty. $3.31 d . an Interest: 28 $0.00 Last Payment: Now, Penalty and Interest totals are cumulative, and are calculated to the Due Date shown above, For information on your penalty and interest computations, you may call 1-800-829-0922 . All installment agreement payments will be applied to the oldest taut owed, then penalties, then interest. If you have any new or additional taxes that become due during the term of this agreement, you roust pay them in full and on time. If necessary adjust your withholding or estimated tax payments to cover your tax this year. New or additional taxes that become due and are not paid will default or terminate this agreement. If this agreement defaults or is terminated for any reason, an additional user fee will be charged. Exhibit "B" C"y ? - C ?. . ru r _i . .,? _ '?') - t ? C.3 ` --? '-?J ?-*-i ?- _ ? ?R r -_ '-C J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD G. GLEIM, Plaintiff V. SANDRA L. GLEIM, AKA SANDY L. GLEIM Defendant CIVIL ACTION - LAW NO. 05-745 Civil 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. 2. Date and manner of service of the Complaint: February 10, 2005, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, February 5, 2009; by Defendant, February 4, 2009. 4. Related claims pending: None - The attached Marital Agreement between the parties dated shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 5. Date of filing of the Plaintiff's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the Prothonotary: Plaintiffs, February 6, 2009 Date of filing of the Defendant's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the prothonotary: Defendant's, February 6, 2009 WEIGLE & ASSOCIATES, P.C. r Q/- 4&ry A. Weig16, Esquire Attorney for Plaintiff Attorney ID 4 01624 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 C7, r.a '' [rte RICHARD G. GLEIM V. SANDRA L. GLEIM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-745 CIVIL DIVORCE DECREE ??1 `oSG..?1 • AND NOW, &Atn?? Ob , it is ordered and decreed that RICHARD G. GLEIM , plaintiff, and SANDRA L. GLEIM , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter- be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the Marital Settlement Agreement dated January 19, 2009 may be incorporated, but shall not be merged into this By the Court, Attest: J. rothonotary r t f 4 r ??*?si