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HomeMy WebLinkAbout05-0932DENISE A. SLENI{ER, vs. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA JASON Z. SLENKER, Defeedant No. ~ S-'- 93 ~. clviL ACTION - LAw IN DIVORCE AND CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice aze served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA 17013 {717) 249-31b6 DENISE A. SLENKER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA vs. NO. JASON Z. SLENKER, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY AVISO PARR DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaz accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divoroio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclaznados por el demandant. Usted puede perder dinero, o propiedades u otros derechos imgortantes paza usted. Cuando la base para el divorcio es indignidades o rompimiento irrepazable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Cazlisle, Pennsylvania, 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA MEITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAREL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 DENISE A. SLENICER, ~s. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA JASON Z. SLENICER, Defendant No. ~ .~' q.3 z- CIVIL ACTION -LAW IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE COUNTI AND NDW, this 7~day of ~ , OOS, comes the Plaintiff, Denise A. Sleeker, by her attorney, Jane M. Alexander, Es re, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Denise A. Sleeker, 28 years of age, who currently resides at 29 Pine Ridge Circle, Enola, East Pemmsboro Township, Cumberland County, Pennsylvania 17025. 2. Defendant is Jason Z. Sleeker, 29 years of age who currently resides at 29 Pine Ridge Circle, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 29, 1999 in Glen Rock, Pennsylvania by a Minister. 5. There was one child born between the parties during the marriage: Chase Sleeker, age 3, born August 10, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, costs and property division. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and in}ured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Pazagraph one (1) through nine (9) aze incorporated herein by reference and made a part hereof. 11. The mamage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through eleven (11) are incorporated herein by reference and made a part hereof. 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which aze subject to equitable distribution under Chapter 35 of the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and whosesoever situate and for such further relief as the Court may deem equitable and just. couNT Iv COMPLAINT FOR CUSTODY 15. The Plaintiff seeks joint legal custody and primary physical custody of the child with custody for purpose of visitation on a scheduled arrangement for the Defendant of the following child, Chase Slenker, age 3, born August IQ 2001. 16. The child was bom during this marriage. 17. The child is presently in the custody of both Plaintiff and Defendant. 18. The child has resided with the Plaintiff and Defendant from birth to February 15, 2005 at 29 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17013. 19. The relationship of the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff is seeking primary physical custody and joint legal custody of the child with custody for purpose of visitation schedule to the Defendant. 22. The Plaintiff has not participated as a parry or witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court. 23. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 24. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 25. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody of the child with a reasonable schedule visitation to the Defendant because Plaintiff is able to care for and provide a stable home environment. WHEREFDRE, the Plaintiff requests your Honorable Court to grant her joint legal custody and primary physical custody of the subject child with reasonable rights of visitation and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. submitted, 5"anZ; M. Al~fan3er; Esqufrc Attorney fo Plaintiff I.D. No. 07355 148 South Baltimore Street Diilsburg, PA 17019 (717)432-4514 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to un-sworn falsification to authorities. c- ~ ~ Denise A. Slenker COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, personally appeared Denise A. Slenker who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. ~>-~ Denise A. Slenker Sworn to and subscribed before me this /(o ~~ day of ~%~,3~«.,~z~ , 2005. Notary Public !ya~real Seal iwivppei~~yy0~~ru.~yA ~ COY gay L'aa~lu~ R3xpaes 4p. x3.2065 *..aa~Mwe~eaeeoetana,ara .. ~a».rs~; ~waea ai AIES911~ "101~Y Q111111~ ~, ~~°" ., aale.4~ t.~ tiS`~ Q C~ ~ ~., is ~ s c:, ~~ ~1 ~~, ;~ °it ..a t~ u '_ DENISE A. SLENKER [N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON Z. SLENKER DFF'ENDANT OS-932 CIVIL ACTION LAW IN CUS"fODY ORDER OF COURT AND NOW. Thursday, February_24, 2005 _, upon consideration of the attachod Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 24, 2005 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a,e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior Co scheduled hearing. FOR THE COURT. By: /s/ acqueline M. Verney, Esq. t ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 leas[ 73 hours prior to any bearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE "I"RIS PAPER TO YOUR ATTORNF.:Y AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 33 South Bedford Street Carlisle, Pennsyh~ania 17013 Telephone (717)249-3166 ~~ ~ d~ ~~~~ -SO ~~ ~ ~, ~ ~ ~`~J ~ so-~~ ~~~ 1 ~~ ~h WJ hZ 93j974~ DENISE A. SLENKER, VS. JASON Z. SLENKER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA NO.OS-932 CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this _/~`y`~'(_ day of ~ , 2005 personally appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct copy of a COMPLAINT FOR CUSTODY was caused to be served by certified mail with return receipt requested upon the said, Jason Z. Slenker 29 Pine Ridge Circle Enola, PA 17025 on February 25.2005 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. M. iforney LD. #07355 fk S. Baltimore Street llsburg, PA 17019-0421 17)432-4514 Sworn and subscribed before me this ,~-'=°~ day of s^'t~--~~ , 2005. ~~~~ Notary Publ'c COMM W ALTH F ENN YLV Notarial Seal HaNard E. Alexander, Notary Public t)Nfsburg i3oro York County My Commission ExpkesApr. 23, 2005 Member, FennsyNania Assooletfon of Notaries DENISE A. SLENKER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA yS, NO.OS-932 JASON Z. SLENKER, CIVIL ACTION -LAW Defendant IN CUSTODY PROOF OF SERVICE GEFiI IFIEU MP (Domestic Mail Only; Nr ~ ry ( R.x it E l '~ E 1111tcR M1 eV l m .n Postage ~ $ ; ~ P `) Y i ~ ~ p Certified Fes S ~ (jry }~ """,` ,tee, '~ O? `?~stmerk ~ ReNm Reciept Fee f1,75 p;p x ~ ~ (Endorsement Requlretl) n ~ ~ - - = O Dl Restricted Delivery Fee (Endorsement Requlretl) S3, ~" -.~.. ~ Tolel Postage 8 Fees $ • 15 ~Z/ 7 `~ p o ant o tlGtsoh '- - -' '~-. Siet7ke,~ -- a,PO6oxIJa. aq Fine Rid e C~reQa_ ciry,'srare,nwa ~xola, PA l'7025 ^ Complete item plate item 4 if R ~. ^ Print your ~ reverse so that we ca ou. ^ Attach this car to the back of the mailpiece, or on the front if space permits. 1. Article Atltlressetl to: ~Taso~i ~ s~k~ orlZq Pinz Rc~e ~,t°'r~ C. VtOIG , PR t~U25 by (Please P/riot Clearly) B. C. Signature ' / X /1 ~ ~ ^ Agent ~~ t~({ddressee D. Is livery addfba5rdifferentfvom item 1? ^ Yes If ES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ G.O.D. 4. Restricted Delivery? (Extra Feel Wes 2. ArticleNUmber(Copyfromservicelabeq 7004 0750 0003 6354 8112 PS Form 3811, July t999 Domestic Return Receipt iozsss-oo-m-ossz f '. 1 I ,1 '~ DENISE A. SLENKER, : 1N THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. : N0.05-932 JASON Z. SLENKER, :CIVIL ACTION -LAW Defendant : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 22, 2005. 2. 'The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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 the Affidavit aze 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. ,, Date: Jam. ~7 ~C~ ~ ~ -- D A. Sleeker ` ~ ~ ' ~i , ' ' " ~^ S ? !; ~ 7 .. ,..! „sue r ...+ ) e ~~, ~ .- ~~ ; •31 •--- x f ~ ~ -~~G DENISE A. SLENKER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. JASON Z. SLENKER, Defendant N0.05-932 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Denise A. Sleeker ~ ~-~ C:t ~_ ' -' $ 9 ~:'~-S~ -n ai 1 ~~..!: ~ " ` .. ~ F ~ ~ 1 v i 'Y ~~. Y _ ~ ... rr- ...+.^' , 1 3 r ..~ ~~ ` Y .,... ~ .:..q ' ~ -i-' ..'~ . ~ (.... t (,tl :.'G ..~ DENISE A. SLENKER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. : NO.05-932 JASON Z. SLENKER, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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 the Affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ID O Jas Z. Slenker ~ ~ ~_; __., ~ ., " ~ r .,{.. -r~ ~~- _~ C'~ ~ r~;~-__ `=} _ " .~ F ~: ~~„ .. r... DENISE A. SLENKER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. vs. JASON Z. SLENKER, Defendant NO.OS-932 CIVIL ACTION -LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: / ? Ja Z. Slenker ~ rv ~ ~ ~: ~ ~ ~~~~ .;~ t _~'~ --z ..c - - ('i `- y .~ DENISE A. SLENKER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. : NO.OS-932 JASON Z. SLENKER, :CIVIL ACTION -LAW Defendant : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THISAGREEMENT made this 7 ~" day of ~rVl rte-- , 2007 by and between Denise A. Sleeker of 42 Queen Avenue, Enola, Cumberland County, Pennsylvania 17425 (hereinafter referred to as "WIFE") and Jason Z. Sleeker, of 24 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as "HUSBAND".) WITNESSETH: WHEREAS, HUSBAND and WIFE were married May 29, 1999 in Glen Rock, York County, Pennsylvania. WIFE instituted an action in divorce to No. OS-932 in the Court of Common Pleas of Cumberland County, Pennsylvania on February 22, 2005. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the custody and support of the child born to this marriage: Chase R. Sleeker, age 5, born August 10, 2001. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable Page 1 of 9 consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The terms of this Agreement and their effect have been fully explained to the WIFE by her counsel, Jane M. Alexander, Esquire. The terms of this Agreement and their effect have been fully explained to the HUSBAND by his counsel, Galen R. Waltz, Esquire. The parties acknowledge that they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use Page 2 of 9 and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is further mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cazds, and bank liabilities except as hereinafter set forth: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particulazly those incurred since date of filing Complaint in Divorce. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particulazly those incurred since date of filing Complaint in Divorce. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and Page 3 of 9 description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were not marred. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Vehicles: HUSBAND shall retain possession, title, and sole ownership to the following vehicle: 1999 Ford F-150 -traded for 2007 Honda Civic, Vehicle Identification Number 1 1 HGFA~5507L011379. 7.3) Household fizrnishin~s: The parties have divided the household furnishings to their mutual satisfaction. However, it is agreed that the American Drew dining room suite currently in the marital '~ residence is the property of WIFE and will be removed therefrom on or before January 1, 2008. 7.4) Pensions: Stock options, Retirement funds, IRAs: a) HUSBAND maintains the following: 1. IRA 2. Roth IRA b) WIFE agrees to make no claim against any of HUSBAND's above listed investment accounts. Page 4 of 9 c) WIFE maintains the following: 1. 401(k) fund with IBM 2. Roth IRA 3. IBM Stock d) HUSBAND agrees to make no claim against any of WIFE's above listed investments. 8. REAL ESTATE: a) The Marital residence of the parties located at 24 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025 is presently occupied by HUSBAND and has been occupied by him since the date of separation. HUSBAND will continue to reside in the residence and continue to be responsible for payment of all real estate taxes, utilities, mortgage, insurance and maintenance of said property. HUSBAND agrees to refmance the mortgage with Commerce Bank in the amount of $133,500.00 within sixty (60) days of the date of this agreement and to pay WIFE from funds received from the refinancing, the sum of $21,000.00. WIFE agrees to sign all documents conveying her interest in the property to HUSBAND more particularly she shall sign a deed conveying her interest at the time of execution of this agreement. Said deed will be held in escrow by WIFE's attorney until date of settlement. b) The jointly owned time share property in Williamsburg, Virginia shall be transferred to WIFE within sixty (60) days of the date of signing of this agreement. Page 5 of 9 9. SPOUSAL SUPPORT/ALIMONY: The spousal support order entered to Docket number 00265 S 2005, PACSES Case Number 137107237 shall be terminated by HUSBAND as of date of execution of this agreement. Neither party will make any further claim for spousal support and/or alimony. 10. CUSTODY AND CHILD SUPPORT: a) Custody of the child, Chase R. Slenker, shall be in compliance with the agreement and stipulation of custody dated July 13, 2005 and confirmed as an Order of Court by Judge Kevin A. Hess on August 2, 2005. b) The child support order entered to Docket number 00265 S 2005, PACSES Case number 137107237 shall be terminated as of date of execution of this agreement. c) In lieu of the aforementioned support order WIFE will pay to HUSBAND the sum of $350.00 per month for child support for a period of seven (7) years from January 1, 2006. WIFE shall claim the child tax deduction for eight (8) years, beginning with the tax year of 2006. Thereafter, the parties shall alternate claiming the deduction with WIFE claiming in even numbered yeazs and HUSBAND in odd numbered years. WIFE will at all times maintain health insurance coverage of the child. 11. BANKRUPTCY: The parties hereby agree that the provision of the Agreement shall not be dischazgeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtained a discharge of any obligations assumed hereunder, the other party shall have the right to declaze this Page 6 of 9 Agreement to be null and void and to terminate this Agreement in which the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 12. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 13. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. 14. The waiver or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 15. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 16. BREACH: It is expressly stipulated that if either party fails in the due performance of any of his/her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable Page 7 of 9 legal fees and costs for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 17. AGREEMENT NOT TO BE MERGED. This Agreement shall be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity aze specifically not waived or released. 18. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz first above written, intending to be legally bound. BY: Galen R. Waltz, Attorney for De: `/ - 'se A. Slenker Plaintiff J n Z. Sle efendant Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK . S.S. On this, the 7 ~, day of Y~/1, ~. 2007, before me the undersigned officer, a Notary public, in and for said Commonwealth and County, personally appeazed Denise A. Slenker known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and yeaz aforesaid. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Narumol Alexander, Notary Public D7lsburg i3oro, York County My Commission Expire: ~~;~~-~ ? ~ ao `° My Commission Expires Apr. 7, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF CUMBERLAND On this, the ~_ day of ~(z,u , 2007, before me the undersigned officer, a Notary public, in and for said Commonwealth and County, personally appeazed Jason Z. Slenker known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and yeaz aforesaid. ....~tro..r.,. NO~MMl1iAt ~~~ ~ Public ~~ C'A~i1ME ~OYOIf, lIt~ GO~NI~/ M- CeNrlwMon ~ O~c !Z.'OOr My Commission Expire: ~ as ~ O g Page 9 of 9 c°.. ,; ,~ ~' ~„ xc .= ,~ _ ~~~ ~"., :~.~ `, ~~ ~:~:~ .. ,:-. rr~ `~ ~~ DENISE A. SLENKER, vs. .iASON Z. SLENKER, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. NO. OS-932 CIVIL ACTION -LAW Defendant : 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) ~~~."} f ~}} of the Divorce Code. (Strike out inapplicable section}. 2. Date and manner of service of the complaint: was sent certified mail, restricted delivery and was served to the Defendant on February 25, 2005, 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 May 7. 2007 ; by defendant Mav 10, 2007 b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Marria~?e Settlement Agreement dated May 7, 2007 si ng ed by both parties. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to request entry of the divorce decree, a copy of which is attached: (b) Date plaintiff s Waiver of Notice was filed with the Prothonotary: Mav 11, 2007. Date defendant's Waiver of Notice was filed with the Prothonotary: May 14, 2007. Date: J ne M. Ale a er, Est ttorney for Plaintiff Attorney I.D. #07355 148 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 - - ~ =~ , ~ S '-°-o ^i" J ~ , { .. G"'J t~. ";a' _~ I N THE COURT OF COM IVION PLEAS DENISE A. SLENDER OF CUMBERLAND COUNTY STATE OF PENNA. _;; ~, VERSUS JASON Z. SLENRER N O . 05-932 DECREE IN DIVORCE AND NOW, Mid ` ~ J j'+~/ IT IS ORDERED AND DECREED THAT AND DENISE A. SLENRER JASON Z. SLENKER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; BY THE COURT: ATTEST: .1. PROTHONOTARY y ~~ ~ ~ ~` Gam' ~~' w ~~. ~: