Loading...
HomeMy WebLinkAbout05-1118 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attornevs for Plaintiff MELINDA WEVODAU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0<) - lUg DAVID A. WEVODAU, CIVIL ACTION - LAW 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 the ground 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, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. 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 Connty Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MELINDA WEVODAU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DAVID A. WEVODAU, CIVIL ACTION - LAW A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por 1a Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en 1a oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney 1.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MELINDA WEVODAU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DAVID A. WEVODAU, Defendant CNIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is MELINDA WEVODAU, an adult individual who currently resides at 38 Nathan Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is DAVID A. WEVODAU, an adult individual who currently resides at 625 Tower Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 5, 1994 in Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant were separated on October 22, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff avers that there are two (2) children of this maniage under the age of eighteen years, namely DEREK WEVODAU whose date of birth is December 27, 1997 and KAYLA WEVODAU, whose date of birth July 10,2001. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 13. Paragraphs one (I) through eleven (1 I) of this Complaint are incorporated herein by reference. 14. Plaintiff and Defendant have acquired property, both real and personal, during their man'lage. 15. The parties have acquired marital debt during their marriage. 16. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Dated:3110~ By: Deb enison C Attorney I.D. . 66 78 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, MELINDA WEVODAU, verify that the statements made in this Complaint are true and correct to the best of my knowledge, infOlmation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7tl~~ 12 [f/.Lv-rr~ MtLINDA WEVODAU ~ ~ ~ --- '" () , --- - "d ~ --\...! ~ --... ~ '-" w ~ ~ ~ r::, \:)' ';) -.-' 0 '" .....> r.:::;J .c_':..~ C.M ::!': ::r.... ~'O 1 W c:J o -n ::;l ::1-.." m"- .- -r,m :t:JO :'~:)t) :l'::j~ ~~2(") ~:~\'n '/G :~< '1' {~ <.11 a> REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD, No, 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attornevs for Plaintiff MELINDA WEVODAU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-1118 DAVID A. WEVODAU, Defendant CIVIL ACTION - LAW IN DIVORCE AFFlDA VIT OF SERVICE I, Debra Denison, Esquire ofREAGER & ADLER, p,c. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant David A. Wevodau, by Certified Mail, Restricted Delivery on the 8th day of March, 2005 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit "A," Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: David A. Wevodau 625 Tower Road Enola, P A 17025 Date: 'j \v - 0 ':) ;L Debra nis n Can r, Esquire Attorney #663, 2331 Market Street Camp Hill, PA 17011-4642 Telephone No, (717) 763-1383 Attorney for Plaintiff Beth N, Scully · Co"'Plete ite", ite"'4ifFl ,Sl'Z'fiJ)C}JAl · Print YOUr ::::tea Delivery is :' ?OtnP1ete So that We anC} aC}tjfes as/teet, r Attach th' can return the s On the ~vllrse or 01} Ih IS caltj to the bac'k'ltI to You, e front if sPace Pe,.",!:: the rnai/Piece, l\rticlOAo'<t~ to' , J ' /1/)/0 11 WtVOc/qu r :clS- JOWl< 1f01& ~t1 j),U P,4 / 7^- 7 r-- 3J;;:;.~ '1.YPe fffSrRICr '1X<.J rj,;:.:'IIeaMOiI OE'xp""",M., , " tD o~ g::;;:..::...._ .... '. . '" ' < --...", fJoom~fObel; iDD3 2 "I........"... 2'0 000, 23" a,,, Dome;;; l1eturn 110000Pt :i 0, Is <1et1very aaa....,; 0" IfYI;S,""t9rcleil>ety~~~w: 1 \l,s l~o/,f.lll4o , . '-........ "'-., , ''\ \ , . Complete items 1, 2, and 3. Also complete ftem 4 if Restricted Delivery is desired, . Print your name and address on the reverse sa that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtlcBAddressed to: {) f\ t) 10 iI. tvt vccJ f1 U {PJS /ow u KOf!,J. fti Dktsf~dlEags- " . O. Is deI\'11ery address different from j 1 If YES, enter delivery address below: 3. SelVlc:e lYpe ~ertjfled Mail 0 Express MaU .. ~ Registered D R~rn Receipt for Merchandlee D Insured Mall D C.O.D. 4, Restricted DeIlV<ll'/l (Extra Fee) Ves :C~003 2260 0001 2319 0411 2. Article Number (Tran- from servIce fsbel) . PS Form 3811, Februery 2004 DomestIC Retum Receipt EXHIBIT A 102595-Q2-M-1540 MELINDA WEVODAU, Plaintiff : IN THE COURT OF COM ON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - A W 2005-1118 CIVIL TERM DAVID A. WEVODAU, Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, DAVID A. WEVODAU, in the above captioned case. Respectfully submitted, By: Marcu A. McKnig t, III, 60 West Pomfret Street Carlisle, Pennsylvania l701 (717) 249-2353 Attorney for defend nt Date: AprilS, 2005 MELINDA WEVODAU, Plaintiff v. DAVID A. WEVODAU, Defendant ; IN THE COURT OF COM ON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - A W 2005-1118 CIVIL ERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A McKnight, III, Esquire, hereby certify that a copy of a tached Praecipe for Entry of Appearance was served upon the following by depositing a true a d correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pe nsylvania, on the date referenced below and addressed as follows: Debra Denison Cantor, Esq, REAGER & ADLER, PC 2331 Market Street Camp Hill, P A 1701 1-4642 Date: AprilS, 2005 IRWIN & McKNIGHT By: Marcu A. McKn , , Esquir 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No, 25476 "'OIl'" 0)1 2::f" CO :S; l .-' \~ ~- ~:'~~~- ~ L_ ~ -- o ~; ....> c.~ c:--:> cJ" ,,.,. -0 ?J I (j1 ""0 ~ Sf, -\ fF;f2. :Jj'2 ";?',CI. i~~'~ -T-'" ~:9.. r;-? v) ....> McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 (fax) dcantor@mwn com Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1118 MELINDA WEVODAU, Plaintiff DAVID A. WEVODAU, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSFNT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 3, 2005. 2, The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of 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, Section 4904 relating to unswom falsification to authorities. t!:~"r: t./ .. M Iinda Wevodau d~ ~, Date: May ;1,1 ,2006 0 ,..., 0 = ~; c:::' -n cr- -< -n ,'" "'" ::CJJ Q} :;:;:i,o nl -, e- N -aln t/.' ~nO r. i--" 1 '0 '--_:;j~~j [~--: " 2: i;_.~B l~ ,r~ -"~ );;'" , Om C:, -I ~ 35 0'> -< McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 (fax) dcantor@.mwn.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1118 : CIVIL ACTION - LAW : IN DIVORCE MELINDA WEVODAU, Plaintiff DAVID A. WEVODAU, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice, 2. I understand that I may lose rights conceming 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. Section 4904 relating to unswom falsification to authorities. -rt~ )t U~ Melinda Wevodau Date: May )3 ,2006 (') C .....Gi~" 1"'(".\ _J' ~ "'" "'" ct' ,{-- -," :;r:. ~ \'..:l s::- :.'./:, ~-"I -...:::,'" ". ~~~ '~~:~ Z --..~ ~, , \ q, -' ?,;~ -om ,.,...0 ..J 1. ::_),C) <{i":!.i "'fe) /,-\1"1 o -~ ?- :Q. V' ::;: -- -- -- s:- MELINDA WEVODAU, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2005-1118 CIVIL TERM DAVID A. WEVODAU, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on March 3, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint 3. I consent to the entry of a final decree in divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, Date: Mav 23 ,2006 ~~J. ,t DAVID . WEVODAU 0 ~ ~ C <"" d ct' -" ::G. ,-4 -eh f(,~ rrl ~,~ ~,.. ~ -'" .. -am N ~iJO (j-" .I"" :,',),.L.. ~,:.< .,. ~l:~ ~,,( .---:- 'I?';: 7):0 " '70 ~ r -"" - :;:=)fl1 ~. c: - '~ ':;;(~,. 'f>' .-r ~ -< t..n =<: MELINDA WEVODAU, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005-1118 CIVIL TERM DA VlD A. WEVODAU, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 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{ 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 made are subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, Date: Mav 23 ,2006 iJd-c, (-(4L- DA VlD A. WEVODAU Defendant ~ <:? "'" -;t:. ~ _. ,.'~ '::";- ..,-~ :-.......: 1"" ::r q. .-\ ~1l -0(\'\ ~;l\::(' ~~:'~\ ~\ (~5 :!2 .:?r;).. <~::5; ,. ;::.>, '3:l ::4 ?;:;. ..- -- -- -- (.n MELINDA WEVODAU, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005-1118 CIVIL TERM DA VlD A. WEVODAU, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, Date: Kay 23 ,2006 ~lo~ DAVID A. VODAU (') ~ 0 ~ c=> "T1 cr- ...' ,-1 t'~ ~ :r: ( :c.... rl1:D -: c:; N .~Oll , :_!JO ..,.. (:~3c.J ~ ~;~~ :r: r:5rn ..-\ 53 01 '< '. . McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney 1.0. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 (fax) dcantorOCi>.mwn.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1118 MELINDA WEVODAU, Plaintiff DAVID A. WEVODAU, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW CLAIM FOR EQUITABLE DISTRIBUTION TO THE PROTHONOTARY: Plaintiff withdraws her claim for equitable distribution in the Divorce Complaint. McNEES WALLACE & NURICK LLC B~ eni n Cantor Attorney 1.0. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Melinda Wevodau Dated: May 25,2006 . CERTIFICATE OF SERVICE AND NOW, on this 25th day of May, 2006, I hereby certify that I have served a true and correct copy of the within Praecipe to Withdraw Claim for Equitable Distribution upon counsel for Defendant in the above-captioned action, via first class mail postage paid as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 ~h- Deb De son ntor ? ~ C;::) 0-. :::J: ::c.,,; -.:: c.-.> <:::J ~ is' .r:- Cr'. 5i? ::;:J ff'ii11 -01"71 :iJe::; ()CL ,,..1 ,.,.-1 ~d15' (:5 rn -fi ..... 2005-1118 C , PENNSYLVANIA MELiNDA WEVODAU, Plaintiff : IN THE COURT OF : CUMBERLAND CO v. TERM DAVID A. WEVODAU, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court or entry of a divorce decree: 1, Ground for Divorce: Irretrievable breakdown under Section 3301 (c) 0 the Divorce Code, 2, Date and manner of service of complaint: A certified copy of the Co 1aint in Divorce was served upon the defendant, David A. Wevodau, on March 8,2005, by certified, restricted deliv mail, addressed to him at 625 Tower Road, Enola, Pennsylvania 17025, with Return Receipt Number 7003 2260 001 2319 0411. 3, Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required b Section 3301(c) of the Divorce Code: by plaintiff: May 23, 2006; by defendant: May 23, 2006. (b)(1) Date of execution of the affidavit required by Sectio 3301(d) of the Divorce Code: (b)(2) Date offi1ing and service of the plaintifi's affidavit upon defendant: 4, Related claims pending: NONE. 5, Complete either (a) or (b), (a) Date and manner of service of the Notice of Intention to Ie Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Section 330 I (c Divorce was filed with the Prothonotary: May 24, 2006. Date defendant's Waiver of Notice in Section 3301( ) Divorce was filed with the Prothonotary: May 24, 2006, A o ~ < j':;-~ C, ...., = = Q'> <- c:: ;z: o -n :2 [1,:0 r- -o~n -.'"',1 "1 ,.) , {Cl ,:~'~~ (3m "--1 1".,. ::0 ,< "U == t;'? o cr, MARRIAGE SETTLEMENT AGRE 'MENT TIDS AGREEMENT made this \~'\lI..day of March, 2006 y and between MELINDA R. WEVODAU, of 38 Nathan Drive, Enola, Cumberland Coun Pennsylvania, (hereinafter referred to as "WIFE") and DAVID A. WEVODAU, of 625 Tow Road, Enola, Cumberland County, Pennsylvania, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully marri on February 5, 1994, in Cumberland County, Pennsylvania. The parties hereto agree and cov ant as follows: 1. The parties intend to maintain separate and pennanent domi iles and to live apart from each other, It is the intent and purpose of this Agreement to set fo the respective rights and duties of the parties while they continue to live apart from each other, 2. The parties have attempted to divide their matrimonial pr perty in a manner which conforms to a just and right standard, with due regard to the rights 0 each party. It is the intent of the parties that such division shall be final and shall forever det . e their respective rights. The division of existing marital property is not intended by the partie to constitute in any way a sale or exchange of assets. 3, Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore be doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other p 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 and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property ow owned and not specified herein nor property hereafter acquired by the other, 4, The consideration for this contract and agreement is the mu al benefit to be obtained by both of the parties hereto and the covenants and agreements of eac of the parties to the other. The adequacy of the consideration for all agreements herein contai ed is stipulated, confessed, and admitted by the parties, and the parties intend to be legally boun hereby. Each party to the Agreement acknowledges and declares that e or she, respectively: a, has the right to be represent by legal counsel of his r her own choosing; b. is fully and completely informed of the facts relatin to the subject matter of this Agreement and of the rights and liabi hies of the parties; c. enters into this Agreement voluntarily after having e opportunity to seek the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e, has carefully read each provision of this Agreement and f. fully and completely understands each provision of's Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the ate of execution. 2 5. It is the purpose and intent of this Agreement to settle forev and completely the interest and obligations of the parties in all property that they own separatel ,and all property that would qualify as marital property under the Pennsylvania Divorce Code, itle 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as betw themselves, their heirs and assigns. The parties have attempted to divide their Marital Property a manner that confonns to a just and fair standard, with due regard to the rights of each P . The division of existing Marital Property is not intended by the parties to constitute in an way a sale or exchange of assets, and the division is being effected without the introductio of outside funds or other property not constituting a part of the marital estate, It is the further purpose of this Agreement to settle forever an completely any obligation under the Pennsylvania Divorce Code relating to spousal support or imony, 6. Each party represents and warrants that he or she has made a 11 and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any pr perty is subject, Each party further represents that he or she has made a full and fair disclosure 0 all debts and obligations of any nature for which he or she is currently liable or may become lia Ie. Each further represents and warrants that he or she has not made any gifts or transfers for nadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or sh has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of ither or both Parties during marriage. 3 7, REAL ESTATE: The parties own the property known 625 Tower Road, Enola, Cumberland County, Pennsylvania 17025, WIFE agrees to convey er right, title and interest in the property to HUSBAND. HUSBAND agrees to assume the mortgage or refinance the mortgage into his own name and assume all payments until the loan . s refinanced or assumed by him within 120 days from the date of this Agreement. 8. DEBTS: HUSBAND will be solely responsible for his own ebts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible d will indemnify and hold harmless HUSBAND from any claim made against him related to her debts, 9, SPOUSAL SUPPORT AND ALIMONY: The parties here y agree that there will not be any spousal support or alimony paid by either party to the other in s case, 10. CHILD SUPPORT: The parties agree that neither party will ay child support to the other. 11. PERSONAL PROPERTY: The parties agree that the person property shall be divided as follows: 4 HUSBAND shall receive the following items: a. The personal property in his possession including II securities in his name; b. His bank accounts; c. Any life insurance policy; d. His employee benefits and/or any other retirement enefits; and e. The real estate situate at 625 Tower Road, Enola, P sylvania 17025. WIFE shall receive the following items: a, The personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; d, Her employee benefits with the Commonwealth of ennsylvania and any retirement accounts in her name; The WIFE hereby waives all right and title which she may h ve in any personal property of the HUSBAND. HUSBAND likewise waives any interest w ch he has in the personal property of the WIFE. Henceforth, each of the parties shall own, ha e and enjoy independently of any claim or right of the other party, all items of personal prop of every kind, nature and description and wherever situated, which are then owned or held y or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSB D or the WIFE to dispose of same as fully and effectually, in all respects and for all purp ses as if he or she were unmarried, Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither p obligations, liens or any liability whatsoever on account of the other. 5 shall contract or incur 12. AUTOMOBILES: a, HUSBAND agrees to waive any and all interest w have in any automobiles of the WIFE. He will si the 1994 Grand Prix to WIFE. 'ch he may the title of b, WIFE agrees to waive any and all interest which s e may have in the automobiles in possession of the HUSBAN They each waive any claim which they have in any automobile own by the other party, 13. INSURANCE EMPLOYEE BENEFITS AND HE The parties agree that any life insurance policies on the life of HUSB employee benefits, including but not limited to retirement, profit sh either party, shall be their own. WIFE waives all right, title d claim to HUSBAND'S or WIFE or any other employee benefits, and HUSBAND waives all right, title, and claim any of WIFE'S employee benefits. 14. . BENEFITS AND BANK ACCOUNTS: WIFE agrees t waive all right, title and interest which she may have in the savings or checking or any er bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he ay have in the savings or checking or any other bank accounts of the WIFE. IS. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage, It is agreed that the parties will execute and Ie the consents necessary to obtain the divorce. Any party who fails to cooperate with obtainin the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 6 16. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for s ch breach or seek such other remedies or relief as may be available to him or her, and the party br aching this contract will be responsible for payment of legal fees and costs incurred by the 0 er in enforcing their rights under this Agreement. 17, ADDITIONAL INSTRUMENTS: Each of the parties sh I from time to time, at the request of the other, execute, acknowledge and deliver to the oth party any and all further instruments that may be reasonably required to give full force and e ect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agre ent and their legal effect have been fully explained to the parties by their respective ounsel, and each party acknowledges that the Agreement is fair and equitable, and tha it is being entered into voluntarily, and that it is not the result of any duress or undue influe ceo The provisions of this Agreement are fully understood by both parties and each party ackno ledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and it is not the result of any duress or undue influence, 19. ENTIRE AGREEMENT: This Agreement contains theparties and there are no representations, warranties, covenants or un expressly set forth herein. tire understanding of the 'ngs other than those 7 20. APPLICABLE LAW: This Agreement shall be cons ed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior the date and time of this Agreement are null and void and of no effect. 22, INCOME TAX EXEMPTIONS OF DEREK P. WEVOD U AND KAYLA C. WEVODAU: Beginning in 2006 and continuing thereafter, BUS Wevodau as a Federal income tax exemption and WIFE will use Ka a C. Wevodau as her Federal income tax exemption. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and eac party hereby waives and relinquishes any and all rights he or she may now have or hereafter quire, under the present or future laws of any jurisdiction, to share in the property or the estate of e other as a result of the marital relationship, including without limitation, dower, courtesy, s tutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of e other, and right to act as administrator or executor of the other's estate, and each will, at the r uest of the other, execute, acknowledge and deliver any and all instruments which may be ne sary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, 'ghts and claims. 8 . . IN WITNESS WHEREOF, the parties hereunto have set eir hands and seals the day and year first above written. WITNESSES: ~~.u ~ '11 h()li.J!);Jd ! ' DAVID A. WEVODA 9 (SEAL) (SEAL) ., . COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, thisJ~~ ay of March 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County f Cumberland, MELINDA R. WEVODAU, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and ac owledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand an co NWEALTH PI!NN N. NoI8rIal SeeI ~I C. ,Armour,NolaryPubllc of ~ County My . Ion Ocl. 2, 2009 official seal. . ~6UtI .' COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND elf) PERSONALLY APPEARED BEFORE ME, this ~ &. of March, 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County 0 Cumberland, DAVID A. WEVODAU, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and he executed the same for ~TH OF PENNSYLVANIA NaIIfiII SeIlI Mldl8 L Noel, Ncl8IY PuIlIC c.IIoI8l101O. o..",....cI CclfIlY Ml' Cu,.,........ eqne Sepl18, 2llO7 Member, _yIYanlO ","odolfoll Of N.Il"'" 10 'i o (~., ,..:> ~: '61- """ S:-.::. -~ ~)'~' ' " . \-.. ~- .., .... \ - ~ .-\ ~~ -c;n,'" ~c;...~) 'C"l)-) ,: ':-\'~ ~-~/~,(.~ -r"l\ '.-:.\ .~~ ,",- --a -,,- ~.. r:-? C1 (,P '" '" '" it; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF MELINDA WEVODAU. PLAINTIFF VERSUS DAVID A. WEVODAU. '" DEFENDANT it; '+' '+' '" it; '+' it; '+' '" it; it; '+' it; '+' '+' '" AND NOW, ',~q DECREED THAT MELINDA WEVODAU , PLAINTIFF, AND DAVID A. WEVODAU , DEFENDANT, PENNA. No. 2005-1118 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DECREE IN DIVORCE ~ , 2006 , IT IS ORDERED AND 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 Marriage Settlement Agreement dated March 14. 2006 and signed by the '" orated into this Decree. but not mer ed. '" '" '" PROTHONOTARY '" ~'+! '" '" '" '" it; it; it; it; it; J. ~.7J4/p~ ~ ~?V- ';;/A? ~ p..:z ~ ~./V ~" 1/~ ~ ~ . .. . .. to. , . ....... . ... ,. ,. '." . ~...,- .