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HomeMy WebLinkAbout05-4709IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VALERIE J. LOEHR, NO. O S - n Plaintiff x y769 l Zvi ( , x VS. CIVIL ACTION - LAW IN DIVORCE x JEFFREY M. LOEHR, Defendant 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 AT THE 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VALERIE J. LOEHR, NO. n S- _ 4f16 ? Plaintiff ?u x vs. CIVIL ACTION - LAW IN DIVORCE x JEFFREY M. LOEHR, Defendant COMPLAINT COUNT I - DIVORCE UNDER §3301 OF THE DIVORCE OD The Plaintiff is Valerie J. Loehr, who currently resides at 225 Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Jeffrey M. Loehr, who currently resides at P.O. Box 5673, Harrisburg, Dauphin County, Pennsylvania 17110. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 11, 1999, in Marysville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither party is presently a member of the Armed Forces on active duty. 7. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 8. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: VALERIE J. LOEHR, R IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA R Y$. * No. 05-4709 CIVIL TERM JEFFREY M. LOEHR, Defendant * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CON5EN_ I 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 9, 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. 3 ' -,q D0 (?' Date/' 1 1Wllilal _? :, . r , `. VALERIE J. LOEHR, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA VS. * No. 05-4709 CIVIL TERM JEFFREY M. LOEHR, Defendant * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF I NTENTI ON TO REQUEST ENTRY OF A DIV OR CE DEC REE U NDER SECTION 3301(c) OF T HE DIV ORCE 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. i3 act Date ?-., r_? Pi (a) §3301(c). The marriage of the parties is irretrievably broken. 9. Plaintiff respectfully requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZ7A000, P.C. Dated: 9 /1, /0 Bradlqy Y. Winnick, Esquire 130 Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, Valerie J. Loehr, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn fosfification to authorities. Date: e pt 44/-014 VALERIE J. LOEHR Plaintiff ? a C) r r_3 cn r UO LJ W r- -'c 027i? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VALERIE J. LOEHR, Plaintiff VS. JEFFREY M. LOEHR, Defendant x NO. 05-4709 CIVIL TERM x x * CIVIL ACTION - LAW IN DIVORCE x x x x ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint filed by Plaintiff at the above-captioned docket on behalf of the Defendant, Jeffrey M. Loehr, and certify that I am authorized to do so. 9 I D _ DATE L da A. Clotfelter, Esquire 5q21 East Trindle Road ite 100 Mechanicsburg, PA 17050 Attorney for Defendant r? a C7 ? 'Y? r? ?,n ? t/> -n ""? ni'' -ii r ?p r? '? r;' :? 3' -? ? :< ::? G MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of? , 2005 between VALERIE J. LOEHR, (hereinafter referred to as WIFE) and JEFFREY M. LOEHR (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 11, 1999, and they have been separated within the meaning of the Pennsylvania Divorce Code since June 26, 2005; and WHEREAS, there are no children born of this marriage; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Bradley Winnick, Esquire and Husband has been represented Linda A. Clotfelter, Esquire in this matter. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. -1- WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable 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. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties 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, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or -2- at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interstate 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any -3- and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties -4- hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different -5- from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either parry. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and -6- the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties specifically acknowledge herein that the parties' 2000 Ford Explorer shall be retained by Wife and the 2001 Chrysler Sebring shall be retained by Husband. The parties agree that each shall have full and sole possession of any vehicles that are presently in his or her possession. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefore, except that Husband agrees to make the secured loan payment for the Ford Explorer to be retained by Wife until the loan for the Ford Explorer is paid in full. The parties expressly agree to be legally and fully responsible for any and all other liabilities associated with the vehicle he or she is to retain and they also agree that they shall each take the steps necessary to obtain the necessary automobile insurance for the vehicle he or she is retaining as per the terms of this Paragraph. It is further promised that there will be no lapse in coverage and each party agrees to ensure the automobiles remain insured as required by Pennsylvania law. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties have agreed that Wife shall retain most of the home furnishings situate in the martial residence and that they will distribute between themselves, to their mutual satisfaction, all -7- items of tangible and intangible marital property. Wife shall remove herself and her personal property from the marital residence within fourteen (14) days of the date of execution of this Agreement and she shall surrender possession of the residence to Husband. As per the terms of this Agreement, the household and personal property within each party's custody and control shall become that parry's sole and exclusive property, unless otherwise agreed by the parties. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this Paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the parry. C. PENSION. PROFIT-SHARING. RETIREMENT. OR OTHER PLANS RELATED TO EMPLOYMENT. Each of the parties hereto expressly waives and relinquishes any right, claim, title or interest in any pension, profit-sharing, retirement, other employment-related or retirement plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. -8- If either party withdraws any sums from any retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. D. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts. E. REAL ESTATE. The parties acknowledge that during the marriage they lived together in residential real estate that was jointly titled and more commonly known as 225 Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025. The parties have agreed that Husband shall retain the marital real estate and Wife shall waive any and all rights that she may have had, she may now have, or she may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. In exchange for Wife's waiver of her interest in the marital real estate Husband shall be solely responsible for the mortgage loan secured by the marital residence. The parties have agreed Wife shall remove herself from the marital residence within thirty (30) days of the date of execution of this Agreement and they also agree that Husband shall refinance the mortgage loan for the marital residence within three (3) months of the date of execution of this Agreement such that Wife is completely released from the financial liability of the current mortgage on the property. The parties further agree that Husband and Wife shall execute a deed and/or a release of marital rights regarding the marital real estate concurrently with the -9- execution of this Agreement, wherein Wife shall waive any rights she may have had, he may now have, or she may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code, and that the deed shall be held by counsel until such time as Husband complete the refinance of the mortgage as provided herein. It is noted by the parties that the fully-executed deed may have to be presented to Husband's lender or potential lender and the parties agree to comply in that regard if same is necessary to facilitate the refinance and Wife's release from liability on the mortgage. a. Husband's use and occupancy. The parties agree that Husband shall be entitled to exclusive use and occupancy of the real estate as his sole and separate property and Husband shall pay all expenses relating to the Real Estate, including, but not limited to, the mortgage, real estate taxes, insurance, utilities and the like and she shall hold Wife harmless for same. It is further agreed that all household utility accounts not in Husband's name alone, shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement. b. Distribution of Proceeds upon Sale. If the Real Estate is sold to a third party, upon settlement, the net proceeds derived, after payment of the mortgage and all other normal and reasonable settlement costs shall be distributed to Husband. F. BOAT. The parties acknowledge that they owned a 1988 Chaparral Mercruser boat while married. It is mutually agreed by the parties that Husband shall retain the boat and he shall be fully responsible for any and all liabilities associated with the boat, included, but not limited to the secured loan for the boat. G. LIFE INSURANCE. Each party shall retain any and all life insurance policies on his or her life and shall have full discretion to designate a beneficiary of his or her choice. Each party shall be responsible for any premiums or fees associated with any and -10- all life insurance policies to be retained by the respective party as per this Paragraph and he or she shall hold the other harmless from same. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Husband's debts: Husband shall be solely responsible for the following bills and debts: 1. Mortgage: The Mortgage and any cost of the refinancing of the Mortgage as referenced in Paragraph 7(E), herein; 2. Real Estate Expenses: Any and all expenses associated with the Real -11- Estate as referenced in Paragraph 7(E), herein; 3. Automobile Loans: Any secured loan for the 2001 Chrysler Sebring and the Ford Explorer to be retained by Wife; 4. Boat Loan: Any secured loan for the 1988 Chaparral Mercruser boat being retained by Husband. 5. Retirement Funds: Any loans associated with his retirement accounts; 6. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. d. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Retirement Funds: Any and all taxes resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; 2. Automobile Loan: The secured automobile loan for the 2000 Ford Explorer that Wife is retaining pursuant to the terms of this Agreement will be Wife's legal responsibility, however, the parties agree that Husband shall make the loan payment for the vehicle until the loan is paid in full; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. From the date of this Agreement, each party shall only use -12- those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the parry incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Each party shall be responsible for the attorney's fees and incurred by him or her with respect to the negotiation and drafting of this property settlement agreement and the divorce proceedings related thereto. 10. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE, ALIMONY. COUNSEL FEES AND EXPENSES AND MEDICAL INSURANCE. With the exception of the spousal support and alimony payment addressed in this paragraph, both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. The parties expressly agree that beginning the first month following the date of execution of this Agreement and continuing for a period of twenty-four (24) months, thereafter, Husband hereby agrees to pay Wife spousal support or alimony in the amount of $1500.00 per month in cash to Wife plus Husband shall make the monthly payment on the secured loan for Wife's Ford Explorer until the secured loan is paid in full. The $1,500.00 monthly cash payment of support or alimony from Husband to Wife shall due and payable no later than the I e day of each month. This spousal support or alimony amount shall be -13- modifiable in the event of Husband's involuntary job loss and may be subject to court review and modification if the parties are not able to mutually agree upon a modification as required by Paragraph 20. The spousal support or alimony shall terminate in the event of Wife's death, remarriage, or cohabitation. It is the intention, understanding and agreement of the parties that the cash payments Husband makes to Wife and to the holder of the secured loan for Wife's Ford Explorer after the execution of the marital settlement agreement shall constitute spousal support or alimony payments as those terms are defined in the Internal Revenue Code of 1986, as amended, and any successor thereto, and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. The parties further agree that Husband shall provide medical insurance coverage for Wife through his employer provided that same is available for a reasonable sum and only until a divorce decree is entered or the spousal support or alimony terminates, whichever is first. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, -14- alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity (with the exception of the possible modification of alimony as specified above), it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph (with the exception of the possible modification of alimony as specified in above), or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 11. DIVORCE. A Complaint in Divorce will be filed as soon as possible in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code immediately upon request when the ninety (90) day waiting period has expired. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding parry, there shall be no defense to such action asserted. =15- 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by -16- Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. 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 the Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching parry shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action -17- for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 20. WAIVER OR MODIFICATION TO BE IN WRITING. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, with the exception of the possible modification of alimony as specified in Paragraph 10, above. -18- 21. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. SEVERABII.ITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 25. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. -19- IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: r ( j VALERIE J. LOEHR -20- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this / day of 01h?f" 2005, before me, the undersigned officer, personally appeared VALERIE J. LOEHR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Eioro, York County My Ccmrnlsg Expires May 17, 2008 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF atM6-=? (-A 66 SS. On this iLday of (L 2005, before me, the undersigned officer, personally appeared JEFFREY M. LOEHR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. :rrlicEtir t t+ovNE h47 "M" pwk FM4MV. PDE N TWP CUMABERLAND COUNTY N ary Publ" Commission Expires Jun 22, 20Q9 -21- c SAP ?e#SIAitJN IQI? 14i, VALERIE J. LOEHR, VS. JEFFREY M. LOEHR, Plaintiff Defendant IN THE COURT OF COMMON PLEAS * OF CUMBERLAND COUNTY * PENNSYLVANIA * No. 05-4709 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 9, 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. 2 "2-2 1 Date ?J {? 3 ._ ?, ,? ? G"? G? t`J %G -' G++ VALERIE J. LOEHR, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA VS. * No. 05-4709 CIVIL TERM JEFFREY M. LOEHR, Defendant * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(£) 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Z ? z Z7 Date ey M. Loehr efendant Y, rya __ -i ? _ ?r -? , ?.. ll ? ' C) . 1 i I_1 S,.J _ iT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VALERIE J. LOEHR, * NO. 05-4709 CIVIL TERM Plaintiff VS. * CIVIL ACTION - LAW IN DIVORCE JEFFREY M. LOEHR, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: _Defendant's Counsel accepted service on September 15, 2005. The Acceptance of Service was filed with this Honorable Court on September 21, 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: January 13, 2006; By Defendant: December 22, 2005. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Aureement dated October 10, 2005 and filed with this Honorable Court on October 24, 2005. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 26.2006; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 6, 2006. Respectfully Submitted, Date: ,31 A /D ( By: ?J Bradley A. innick, Esquire Supren a ourt I.D. #78413 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) o an .27 ?U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VALERIE J. LOEHR, Plaintiff VERSUS No. 05-4709 JEFFREY M. LOEHR nPfendant DECREE IN DIVORCE AND NOW, 5 ? ?^y R" 1064, IT IS ORDERED AND DECREED THAT VALERIE J. LOEHR AND JEFFREY M. LOEHR ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated October 10, 2005 are hereby incorporated, but not merged, in the Decree of Divorce and remain binding upon the parties. ?, i+i. ? y BY THE COURT: ATTEST: PROTHONOTARY CIVIL TERM 1?t?? VALERIE J. LOEHR, Petitioner / Plaintiff VS. JEFFREY M. LOEHR Respondent / Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. 05-4709 * * * CIVIL ACTION - LAW * IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW, comes VALERIE LOEHR, by and through her attorney, Angelica L. Revelant, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Enforcement of Marital Settlement Agreement, and in support thereof, avers as follows: 1. Petitioner / Plaintiff is Valerie Loehr (hereinafter referred to as "Wife"), who currently resides at 223 Linden Avenue, Marysville, Pennsylvania 17053. 2. Respondent / Defendant is Jeffrey M. Loehr (hereinafter referred to as "Husband"), who is believed to reside at 574022 Arbor Club Drive, Boca Raton, Florida 33433. 3. On September 9, 2005, Wife filed a Complaint in Divorce under Section 3301(c) of the Divorce Code. 4. On October 10, 2005, the parties entered and executed a Marital Settlement Agreement, which was filed with the Court on October 14, 2005. A copy of the Marital Settlement Agreement is marked Exhibit "A", attached hereto and incorporated by reference herein. 5. A Divorce Decree was entered on February 7, 2006, which incorporated, but did not merge, the terms of the Marital Settlement Agreement. 6. Per the terms of Paragraph Ten (10) of the Marital Settlement Agreement, Husband was to pay Wife alimony in the amount of $1,500.00 per month from November 1, 2005 and twenty-four (24) months thereafter. 7. Husband made the monthly alimony payments through December 2006, though most were made in an untimely manner. 8. Wife has not received further payments to date from Husband and Wife is due approximately $16,500.00. 9. The undersigned forwarded a letter dated September 26, 2005 to Husband's counsel, Linda Clotfelter, Esquire requesting compliance with the terms of the Marital Settlement Agreement, specifically, that Husband make timely alimony payments. 10. Attorney Clotfelter responded that Husband's pay date had changed and requested that the payment due date be changed to reflect his pay date. She further requested that a downward modification be made as to the amount of alimony. 11. The undersigned granted the request for a change in the payment due date, however the request for a downward adjustment was denied due to the short-term nature of the alimony obligation. 12. Husband has failed to make any alimony payments to Wife since December 2006 and Wife does not believe that any payments are forthcoming. 13. Pursuant to Paragraphs 7A, 8(c)(3), 8(d)(2) and 10, Husband was to pay the lien on the Ford Explorer vehicle retained by Wife. 14. Though Wife is aware that Husband has made untimely payments on said vehicle, through notices from the vehicle lienholder, Wife is unaware whether the vehicle has been paid in full to date. 15. Wife requests that proof of payments on said vehicle as well as evidence of the outstanding balance on said vehicle be provided by Husband. 16. Husband has failed to abide by his obligations under the Marital Settlement Agreement. 17. Due to Husband's failure to abide by the terms of the Agreement, Wife was required to obtain an attorney and expend legal fees for enforcement of the Agreement. 18. Per Paragraph 18 of the Agreement, "[i]f either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative ..." including specific performance, damages, including reasonable attorney fees and costs, and other such remedies deemed appropriate by the Court. 19. Section 3502(e) of the Divorce Code reads, in pertinent part: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter judgment; ... (3) award interest on unpaid installments; ... (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (9) find the party in contempt. 20. This matter has not been previously assigned to any Judge for any other issue in this or any related matter, though The Honorable M. L. Ebert, Jr. executed the Divorce Decree on February 7, 2006. 21. The undersigned has sought the concurrence of Linda Clotfelter, counsel of record for Respondent / Defendant for the foregoing Petition, however, counsel does not concur with said Petition and indicated that she has had no contact with said client of late. WHEREFORE, Wife respectfully requests This Honorable Court to direct as follows: A. Husband shall pay to Wife the amount of $16,500.00 plus interest from December 1, 2006, due and owing within ten (10) days of the date of this Order; B. Husband shall pay to Wife's counsel the amount of reasonable counsel fees and expenses incurred in connection with the filing, preparation, and disposition of the instant Petition; and C. Any other equitable relief the Court deems appropriate. Respectfully submitted, Dated: "f (q 101 WILEY, LENOX, COLGAN & MARZZACCO, P.C. lka"kua,jut Angelica evelant, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 202759 ? . VALERIE J. LOEHR, Petitioner / Plaintiff VS. JEFFREY M. LOEHR Respondent / Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. 05-4709 * * * CIVIL ACTION - LAW * IN DIVORCE VERIFICATION I, Valerie Loehr, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. 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: SO-& a• Valerie Loehr, Petitioner MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 10 VALERIE L LOEHR, (hereinafter referred (hereinafter referred to as HUSBAND). WITNESSETH: c? o day of '2005- , veen to as WIFE) and JEFFREY N .:LOK- WHEREAS, Husband and Wife were lawfully married on July 11, 1999, and they have been separated within the meaning of the Pennsylvania Divorce Code since June 2622005; and WHEREAS, there are no children born of this marriage; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Bradley Winnick, Esquire and Husband has been represented Linda A. Clotfelter, Esquire in this matter. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in who and amounts of income. A WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable 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. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties 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, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or -2- at any time hereafter may have against such other, the estate of such other or any part thereof; whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interstate 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other, or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each -accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any -3- and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties -4- hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. . 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different -5- from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Emma: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and -6- the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties specifically acknowledge herein that the parties' 2000 Ford Explorer shall be retained by Wife and the 2001 Chrysler Sebring shall be retained by Husband. The parties agree that each shall have full and sole possession of any vehicles that are presently in his or her possession. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer. as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefore, except that Husband agrees to make the secured loan payment for the Ford Explorer to be retained by Wife until the loan for the Ford Explorer is paid in full. The parties expressly agree to be legally and fully responsible for any and all other liabilities associated with the vehicle he or she is to retain and they also agree that they shall each take the steps necessary to obtain the necessary automobile insurance for the vehicle he or she is retaining as per the terms of this Paragraph. It is finther promised that there will be no lapse in coverage and each party agrees to ensure the automobiles remain insured as required by Pennsylvania law. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties have agreed that Wife shall retain most of the home furnishings situate in the martial residence and that they will distribute between themselves, to their mutual satisfaction, all -7- items of tangible and intangible marital property. Wife shall remove herself and her personal property from the marital residence within fourteen ( 14) days of the date of execution of this Agreement and she shall surrender possession of the residence to Husband. As per the terms of this Agreement, the household and personal property within each party's custody and control shall become that party's sole and exclusive property, unless otherwise agreed by the parties. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this Paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. C. PENSION, PROFIT SHARING. RETIItEMENT. OR OTHER PLANS RELATED TO EMPLOYMENT. Each of the parties hereto expressly waives and relinquishes any right, claim, title or interest in any pension, profit-sharing, retirement, other employment-related or retirement plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. -8- If either parry withdraws any sums from any retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. D. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts. E. REAL ESTATE. The parties acknowledge that during the marriage they lived together in residential real estate that was jointly titled and more commonly known as 225 Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025. The parties have agreed that Husband shall retain the marital real estate and Wife shall waive any and all rights that she may have had, she may now have, or she may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. In exchange for Wife's waiver of her interest in the marital real estate Husband shall be solely responsible for the mortgage loan secured by the marital residence. The parties have agreed Wife shall remove herself from the marital residence within thirty (30) days of the date of execution of this Agreement and they also agree that Husband shall refinance the mortgage loan for the marital residence within three (3) months of the date of execution of this Agreement such that Wife is completely released from the financial liability of the current mortgage on the property. The parties further agree that Husband and Wife shall execute a deed and/or a release of marital rights regarding the marital real estate concurrently with the -9- execution of this Agreement, wherein Wife shall waive any rights she may have had, he may now have, or she may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code, and that the deed shall be held by counsel until such time as Husband complete the refinance of the mortgage as provided herein. It is noted by the parties that the fully-executed deed may have to be presented to Husband's lender or potential lender and the parties agree to comply in that regard if same is necessary to facilitate the refinance and Wife's release from liability on the mortgage. a. Husband's use and occupancv. - The parties agree that Husband shall be entitled to exclusive use and occupancy of the real estate as his sole and separate property and Husband shall pay all expenses relating to the Real Estate, including, but not limited to, the mortgage, real estate taxes, insurance, utilities and the like and she shall hold Wife harmless for same. It is further agreed that all household utility accounts not in Husband's name alone, shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement. b. Distribution of Proceeds upon Sale. If the Real Estate is sold to a third party, upon settlement, the net proceeds derived, after payment of the mortgage and all other normal and reasonable settlement costs shall be distributed to Husband. F. BOAT, The parties acknowledge that they owned a 1988 Chaparral Mercruser boat while married. It is mutually agreed by the parties that Husband shall retain the boat and he shall be fully responsible for any and all liabilities associated with the boat, included, but not limited to the secured. loan for the boat. G. LIFE INSURANCE. Each party shall retain any and all life insurance policies on his or her life and shall have full discretion to designate a beneficiary of his or her choice. Each party shall be responsible for any premiums or fees associated with any and -10- all life insurance policies to be retained by the respective party as per this Paragraph and he or she shall hold the other harmless from same. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Husband's debts: Husband shall be solely responsible for the following bills and debts: 1. Mortgne: The Mortgage and any cost of the refinancing of the Mortgage as referenced in Paragraph 7(E), herein; 2. Real Estate Expenses: Any and all expenses associated with the Real -11- Estate as referenced in Paragraph 7(E), herein; 3. Automobile Loans: Any secured loan for the 2001 Chrysler Sebring and the Ford Explorer to be retained by Wife; 4. Boat Loan: Any secured loan for the 1988 Chaparral Mercruser boat being retained by Husband. 5. Retirement Funds: Any loans associated with his retirement accounts; 6. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. d. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Retirement Funds: Any and all taxes resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; 2. _Automobile Loan: The secured automobile loan for the 2000 Ford Explorer that Wife is retaining pursuant to the terms of this Agreement will be Wife's legal responsibility, however, the parties agree that Husband shall make the loan payment for the vehicle until the loan is paid in full; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. . No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. From the date of this Agreement, each party shall only use -12- those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Each party shall be responsible for the attorney's fees and incurred by him or her with respect to the negotiation and drafting of this property settlement agreement and the divorce proceedings related thereto. 10. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY. \ COUNSEL FEES AND EXPENSES AND MEDICAL INSURANCE. With the exception of the spousal support and alimony payment addressed in this paragraph, both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. The parties expressly agree that beginning the first month following the date of execution of this Agreement and continuing for a period of twenty-four (24) months, thereafter, Husband hereby agrees to pay Wife spousal support or alimony in the. amount. of $1500.00 per month in cash to Wife plus Husband shall make the monthly payment on the secured loan for Wife's Ford Explorer until the secured loan is paid in full. The $1,500.00 monthly cash payment of support or alimony from Husband to Wife shall due and payable no later than the Ie day of each month. This spousal support or alimony amount shall be -13- modifiable in the event of Husband's involuntary job loss and may be subject to court review and modification if the parties are not able to mutually agree upon a modification as required by Paragraph 20. The spousal support or alimony shall terminate in the event of Wife's death, remarriage, or cohabitation. It is the intention, understanding and agreement of the parties that the cash payments Husband makes to Wife and to the holder of the secured loan for Wife's Ford Explorer after the execution of the marital settlement agreement shall constitute spousal support or alimony payments as those terms are defined in the Internal Revenue Code of 1986, as amended, and any successor thereto, and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. The parties fin ther agree that Husband shall provide medical insurance coverage for Wife through his employer provided that same is available for a reasonable sum and only until a divorce decree is entered or the spousal support or alimony terminates, whichever is first. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, -14- alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity (with the exception of the possible modification of alimony as specified above), it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph (with the exception of the possible modification of alimony as specified in above), or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 11. DIVORCE. A Complaint in Divorce will be filed as soon as possible in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code immediately upon request when the ninety (90) day waiting period has expired. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 4 5- 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by -16- Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. 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 the Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. IS. BRFAC'H. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Svecific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action -17- for specific performance. b. Damages= The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C. S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party- 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 20. WAIVER OR MODIFICATION TO BE IN WRITING. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, with the exception of the possible modification of alimony as specified in Paragraph 10, above. -18- 21. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. 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 provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. DESCRIPTIVE , HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 25. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. -19- IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. VATNESSES: ALERIE I LOEHR -, OA ( jIVX -20- r COMMONWEALTH OF PENNSYLVANIA • SS. COUNTY OF Uii? On this Aay of &Iklgh? 31 2005, before me, the undersigned officer, personally appeared VALERIE J. LOEHR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal S. Dawn Glisdfener, Notary Public DlsbLq Boro, York Coi * My Corm*o ion ExVM May 17, 2009 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM PtaL6±& SS. On this L day of 2005, before me, the undersigned officer, personally appeared JEFFREY M. LOEHR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Novi SEAL IV= L HOWIE ; "*joy hoc coUNrr o Publ" X-1 - Fi- miss k'%- rv'*" Jun 22.2009 140-tary Publ -21- ¦ VALERIE J. LOEHR, Petitioner / Plaintiff VS. JEFFREY M. LOEHR Respondent / Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. 05-4709 * * * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Angelica L. Revelant, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jeffrey Loehr 574022 Arbor Club Way Boca Raton, FL 33433 Jeffrey Loehr c/o One Touch Marketing 123 NW 13th Street Suite 212 Boca Raton, FL 33432 Linda Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 rDate: 9111101 By: Ange i a . Revelant, Esquire s1 19% VALERIE J. LOEHR, IN THE COURT OF COMMON PLES OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY M. LOEHR, DEFENDANT NO. 05-4709 CIVIL ORDER OF COURT AND NOW, this 21St day of September, 2007, upon consideration of the Petition for Enforcement of Marital Settlement Agreement filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 14, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., By the Court, {ryV(?INVA-VSNN3d m.No 9S :6 WV hZ d3S LODZ A8V1QiN'C)-#i0W 3HI J0 30:I -a:-11J 1 11'6' Angelica L. Revelant, Es Attorney for Plaintiff Linda Clotfelter, Esquire Attorney for Defendant Jeffrey Loehr Defendant bas Cof ties enoa(lcct, Q?av?o? VALERIE J. LOEHR, Plaintiff VS. JEFFREY M. LOEHR Defendant TO THE PROTHONOTARY: * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. 05-4709 * * CIVIL ACTION - LAW * IN DIVORCE PRAECIPE FOR LIS PENDENS AND NOW, comes Plaintiff, Valerie Loehr, by and through her attorney, Angelica L. Revelant, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Praecipe for Lis Pendens as follows: 1. Please index the above-captioned action in divorce as a lis pendens against the following real property: a. 225 Wyoming Avenue, Enola, Cumberland County, Pennsylvania, known as a tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described according to a survey of Gerrit J. Bertz, R.S., dated August 11, 1970, as follows: Beginning at a point on the Western line of Wyoming Avenue, 300 feet North of the Northwest corner of the intersection of Wyoming Avenue and Dauphin Street; thence South 79 degrees 40 minutes West through the center of a partition wall between the premises herein described and premises adjoining on the South thereof and beyond 150 feet to a point; thence North 10 degrees 20 minutes West 50 feet to a point, at line of lands now or formerly of Edward Hammaker; thence North 79 degrees 40 minutes East, along same 150 feet to a point on the Western line of Wyoming Avenue; thence South 10 degrees 20 minutes East along the same 50 feet to the place of beginning. 2. I hereby certify that this action affects title to or other interest in the above-described real property. Dated: Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Angelic. Revelant, Esquire 130 West Church Street f ?. Dillsburg, PA 17019 (717) 432-9666 I.D. # 202759 0A CERTIFICATE OF SERVICE I, Angelica L. Revelant, Esquire, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Lis Pendens by first class mail, postage pre-paid as follows: Linda Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 WILEY, LENOX, COLGAN & MARZZACCO _ By: _ dyw'?? Angelica . evelant, Esquire Dated: ?6 r 1 t? C-) 73 zo rv C= f,.`°7. Q C- j ---4 W c..7 Him Hm('`''? ?Y `6 1; Ti ?3 21 ?i -C ?i VALERIE J. LOEHR, Plaintiff VS. JEFFERY M. LOEHR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4709 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW, comes Defendant, Jeffery M. Loehr (hereinafter "Husband"), by and through his counsel, Linda A. Clotfelter, Esquire, who files this Answer to Plaintiff's Petition for Enforcement of Marital Settlement Agreement, respectfully stating as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that paragraph 10 addresses alimony, but the remainder of the allegations of this paragraph are denied, as the Marital Settlement Agreement is a document which speaks for itself. 7. Admitted in part and denied in part. It is admitted that Husband made payments to Wife, but it is denied that most were made in an untimely manner. Therefore, strict proof thereof is demanded. 8. Admitted in part and denied in part. It is admitted that Husband as not been financially able to make payments to Wife due to the loss of his prior employment, but the r , implication that Wife is entitled to payments as per the initial terms of the Marital Settlement Agreement is denied. In further answer, the Marital Settlement Agreement specifically states that the "spousal support or alimony amount shall be modifiable in the event of Husband's involuntary job loss and may be subject to court review and modification if the parties are not able to mutually agree upon a modification and required by Paragraph 20" which requires modifications to be in writing and signed by each party, with the exception of the possible modification of alimony as specified in Paragraph 10. By correspondence dated October 12, 2006, Husband, through counsel explained his dismal employment situation and requested that the parties discuss a modification of the alimony payments as provided for in Paragraphs 10 and 20 of the Marital Settlement Agreement, but Wife refused and also demanded that Husband give to her certain personal property already resolved by Agreement. Thus, Husband now seeks to have this court modify the terms for alimony as specifically permitted in the parties' Marital Settlement Agreement. A true and correct copy of Husband's letter is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth. 9. Denied. Counsel for Husband did not receive any correspondence from Attorney Revelant until October, 2006. Therefore, strict proof is demanded. 10. Admitted in part in denied in part. It is admitted that Husband requested a modification as permitted by the terms of the Marital Settlement Agreement and the other allegations of this paragraph are denied as the correspondence is a document which speaks for itself. Also, see response to Paragraph 8, above. 11. Admitted in part in denied in part. It is admitted that Husband requested a modification as permitted by the terms of the Marital Settlement Agreement and the other allegations of this paragraph are denied as the correspondence is a document which speaks for i ? itself. Also, see response to Paragraph 8, above. 12. Denied. It is specifically denied that Husband has not made any payments since December, 2006, and further denied that Wife is entitled to the same payment terms due to Husband's employment changes as addressed in the parties' Marital Settlement Agreement. In further answer hereof, Husband made a partial payment since then and attempted to discuss modification in the manner of payment as permitted by their Agreement, but those requests were refused by Wife. 13. Admitted. 14. Admitted in part and denied in part. It is admitted that Husband has had difficulty in making the alimony and Explorer payments, but his sole responsibility herein as alleged by Wife is denied. In further answer hereof, the alimony payments and Explorer payments were to be alimony payments subject to the terms of modification of Paragraphs 10 and 20 of the parties' Marital Settlement Agreement. 15. Denied. States a conclusion of law to which no response is required. 16. Denied. States a conclusion of law to which no response is required. 17. Denied. Husband lacks sufficient knowledge or information to determine the truth of these allegations, so strict proof thereof is demanded. 18. Denied as the Marital Settlement Agreement is a document which speaks for itself. 19. Denied. States a conclusion of law to which no response is required. 20. Admitted. 21. Admitted. WHEREFORE, Husband respectfully requests that this Honorable Court deny Wife's request to enforce the terms of the current Marital Settlement Agreement between the parties including her request for attorney's fees; that the Court modify the term for alimony as specifically provided for in the parties' Agreement; and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER r Dated:-! ' da A. Clotfelter, Esquire J L A torney ID No. 72963 21 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff VALERIE J. LOEHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-4709 JEFFERY M. LOEHR, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, LINDA A. CLOTFELTER, hereby certify that I am counsel for Defendant, Jeffery M. Loehr; that Defendant is not within the state and is therefore unavailable within the jurisdiction of this court to verify the statements in the foregoing document; and I further certify, that the statements in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. T Dated:_ 111-L10-7 Li da A. Clotfelter, Esquire A orney ID No. 72963 -iX1 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff LAW FIRM OF LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 October 12, 2006 Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 RE: Valerie J. Loehr v. Jeffery M. Loehr - Divorce Dear Attorney Winnick: As you know, the undersigned represents Jeffery Loehr in the above referenced matter. You may recall that there have been recent events regarding the payment of alimony by Mr. Loehr to your client. In that regard, we are writing to you at this time to inquire as to a possible modification of the alimony terms. Essentially, do to the restructuring of Mr. Loehr's employer, his income has been reduced drastically. In fact, his income has been reduced by two-thirds (2/3). In addition, the date upon which he is typically paid has also changed. Previously he was paid on the first of the month and now he is not paid until the 15th of each month. Accordingly, we would ask that your client consider a reduction in the sum to be paid each month and a change in the date to the 20 h of each month so that he can collect his wages, and then send a payment to your client. We would truly hope that we would not have to formally pursue this matter and your client would understand the great challenge facing Mr. Loehr at this time. In that regard, he is not looking to eliminate the alimony payment but needs to make it more reasonable given his current income. We look forward to hearing from you with your client's position on the reduction and the change in the timing of each monthly payment. Very truly yours, t inda A. Clotfelter LAC/cal M 0 VALERIE J. LOEHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-4709 JEFFERY M. LOEHR, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this A k+4 day of November 2007, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Plaintiff's Petition for Enforcement of Marital Settlement Agreement was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Angel Revelant, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li a A. Clotfelter, Esquire Att mey ID No. 72963 1 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff C :4 .,. ?,J `? f ?:. ?- ? i' , , .?- _ - •° t_`: ;- ,. '; _^, f VALERIE J. LOEHR, PLAINTIFF V. ORDER OF COURT AND NOW, this 27th day of December, 2007, upon consideration of the Plaintiff's JEFFERY M. LOEHR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA NO. 05-4709 CIVIL IN RE: PLAINTIFF'S PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT Petition for Enforcement of Marital Settlement and the Answer of the Defendant filed thereto, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Plaintiff will be the moving party in this matter. 2. Parties in this case file a pre-hearing memorandum with the Court on or before January 22, 2008 in the following format: 1. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. II. A list of all exhibits each party anticipates presenting at the hearing. III. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. IV. An estimate of the anticipated time needed for the party to present its case. Jlyll??f ,? ? ?r,"?F Yl is.,J O S •C Wd LZ 330 LODZ ?kt'lUu i!vud 31Hl J0 ? 406 A hearing on this matter will be held on Thursday, March 13, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Thomas Clark, Esquire Attorney for Plaintiff Linda Clotfelter, Esquire Attorney for Defendant M. L. Ebert, Jr tzlr) bas l24r2'OZ VALERIE J. LOEHR, Plaintiff VS. JEFFERY M. LOEHR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4709 : CIVIL ACTION - LAW : IN DIVORCE Prior Judicial Assignment: M.L. Ebert, Jr., Judge Concurrence: No - See Paragraph 5, below. PETITION FOR LEAVE OF COURT TO APPEAR BY TELEPHONE AND NOW, this 11th day of March, 2008, comes Petitioner Jeffery M. Loehr, by and through his counsel, Linda A. Clotfelter, Esquire, who respectfully files this Petition for Leave of Court to Appear at Hearing by Telephone, and in support thereof states as follows: 1. Petitioner is Jeffery M. Loehr, (hereinafter "Petitioner"), an adult individual who resides at 5740222 Harbor Club Way, Boca Raton, Palm Beach County, Florida 33433. 2. Respondent is Valerie Loehr, (hereinafter "Respondent") an adult individual who resides at 225 Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. A hearing is scheduled to occur before the Honorable M.L. Ebert, Jr., Judge on Thursday, March 13, 2008, at 1:30 p.m. 4. Petitioner, who lives in Florida and has very limited financial resources, is requesting leave of court to appear at the hearing by telephone. 5. Petitioner's counsel is waiting for Respondent's counsel to respond to Petitioner's request for concurrence. Since there has been no response, non-concurrence of Respondent is presumed. 6. The matter to be heard by the Court is the enforcement and modification of the parties' Marital Settlement Agreement and more specifically, the alimony provision which states that it may be modified by the court under certain circumstances. 7. One of the very specific issues is Petitioner's substantial decrease in income resulting in the need for the modification of alimony as permitted by the terms of the parties' agreement. 8. Requiring Petitioner to appear in person at this hearing would cause extreme financial hardship and is not feasible given Petitioner's need to work and the distance that must be traveled to appear in person at the hearing. WHEREFORE, Petitioner, Jeffery M. Loehr, respectfully requests that this Court grant his Petition for Leave of Court to Appear at Hearing by Telephone and grant such other relief as this Court deems just and proper. Dated: t l By: Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Ifnda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff VALERIE J. LOEHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 054709 JEFFERY M. LOEHR, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this fit' day of March, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION FOR LEAVE OF COURT TO APPEAR AT HEARING BY TELEPHONE was served upon the opposing party by way of facsimile and United States first class mail, postage prepaid, addressed as follows: Thomas M. Clark, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff d 7 '1 Zt 11} --t7 d"7?? C Cn ? ! y MA $ VALERIE J. LOEHR, : IN THE COURT OF COMMON PLEAS F Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 054709 JEFFERY M. LOEHR, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this day of March, 2008, it is hereby ORDERED, that Petitioner, Jeffery M. Loehr's Petition for Leave of Court to Appear at Hearing by Telephone is GRANTED and Jeffery M. Loehr shall be permitted to appear at the hearings scheduled in this proceeding by telephone. BY THE COURT: M.L. Ebert, Jr., J. -TmTd ?L, /itu (?tOj 0 , I ?tu ? 7? ?Sw s? t dp-? C0 .S WV C ! 8vw 9001 [Ali-- - Sv/0/F I? rdlU d; ?_ . u 3RL 40 VALERIE J. LOEHR, Plaintiff VS. JEFFERY M. LOEHR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4709 : CIVIL ACTION - LAW : IN DIVORCE ORDER q0a AND NOW, this day of apek 2008, upon consideration of the agreement reached between the parties, it is hereby ORDERED that the claims raised in the parties' pleadings shall be resolved upon the following terms: 1. Jeffery M. Loehr (Defendant) shall pay to Valerie J. Loehr (Plaintiff) the sum of Eighteen Thousand Dollars ($18,000.00) plus six percent (6%) annual interest as the total sum remaining due for alimony pursuant to Paragraph 10 on page 13 of the parties' Marital Settlement Agreement (MSA). 2. The payments shall be at a rate of Six Hundred Dollars ($600.00) per month payable in two (2) payments of Three Hundred Dollars ($300.00) each in the form of a wage attachment administered by Defendant's employer. Extra principal payments may be made by Defendant without penalty. 3. Defendant shall continue to pay as additional alimony the monthly loan payment of Three Hundred Twenty-Eight and 03/100 ($328.03) per month for the 2000 Ford Explorer owned by Plaintiff until it is paid in full. 4. A hearing is scheduled for August, 22, 2008, at 1:30 p.m., at which time the court, if necessary, shall hear the claims of the parties raised in the pleadings. Defendant shall be permitted to appear at the hearing by telephone. If there are no disputes between the parties at that time, this Order shall become final and shall fully resolve the claims raised without further Order of Court. BY THE COURT: VO M.L. Ebert, Jr., J. CO "ViNIVAWNN3d DO •h Nd 9- 84V ONZ /x?ry YIONOH 08d 3u4L w O 30U1 i VALERIE J. LOEHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFERY M. LOEHR, DEFENDANT NO. 05-4709 CIVIL ORDER OF COURT AND NOW, this 20th day of August, 2008, upon agreement of Counsel for the parties, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for Friday, August 22, 2008, at 1:30 p.m. is continued until Thursday, October 23, 2008, at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, - *---t ?!A\ M. L. Ebert, Jr., J. Thomas M. Clark, Esquire Attorney for Plaintiff ,,kfn'da Clotfelter, Esquire J Attorney for Defendant bas ?iNnrl- r" .r Hi O .j-f1?1 , :..