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HomeMy WebLinkAbout05-5127 JOANNE HARRISON CLOUGH, PC BY:, JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, P A 17011 Telephone: (717) 737-5890 Attorney for Plaintiff LEE ANN WERNER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. O~ -5/~7 G~i.L "y8Lr-t1 MICHAEL R. WERNER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY:, JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff LEE ANN WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. MICHAEL R. WERNER, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAlMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una!ista de consejeros matrimoniales est3. disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELL OS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY:, JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff LEE ANN WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~ -SIJ7 C;,-,{T~ MICHAEL R. WERNER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 33011C) OF THE DIVORCE CODE 1. Plaintiff is Lee Ann Werner, an adult individual who currently resides at 29 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Michael R. Werner, an adult individual who currently resides at 29 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 12, 1996, in Ocho Rios, Jamaica. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are three children of this marriage, Brandon Werner, born November 10,2002, Brianna Werner, born March 5, 2004, and a child expected June 1,2006. 8. Plaintiff seeks a divorce on the following grounds: a. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301 (c) of the Divorce Code. Respectfully submitted, Dated: <</ 21- at::( By: Joa ison C ou h, Attorney I.D. No. 364 24 N. 32nd Street Camp Hill, P A 17011 Telephone No. (717) 737-5890 Attorney for Plaintiff VERIFICATION I, .Lee Ann Werner, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: 9 /a~ 105 , , 2t. '- {ZY/J( (A) C A-,..Gll Lee Ann Werner -,::)~ ~ - :\t- 7'\\. ...0 D - V't - w E)- C) C> ....0 -0 )..) ~ F 6J E t- --=-- () c .....------....." - r-:> C? c.:::' ..:.,1'1 (.n r~--' -0 (.A' o -"'!,") _..~..... r;? (...,) (".) o ..""\ ~ :?~ 1"-- _':IF, r_~'JO (:-)1td ;-~ 'C"'; ,..:;n.\ (J -.-....., ~~5 -::. ----- LEE ANN WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5127 CIVIL TERM MICHAEL R. WERNER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 30, 2005 . 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date ofthe filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,,/~O /(Jt, , 2':117(1. () /2A (.( J~rlA } Lee Ann Werner "'~ c.::' C;) Cr"'\ r._' \.0 ~.. "1i ::;J _._ _r"t i,1E '" C.I -0 c:: Q '.D- LEE ANN WERNER, Plaintiff : IN lHE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5127 CIVIL TERM MICHAEL R. WERNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 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: & / ;}.t/{)& d" (J~-A-/~ b ^ Lee Ann Werner , <,] " .....:> '~~.:;; c-. Sf, "'~; '",.) --, (:? ~ t.,_ 1>,!:" MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 4 ~y of March, 2006, by and between Lee Ann Werner, (hereinafter "WIFE") and Michael Werner, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on June 12, 1996, in Ocho Rios, Jamaica; and separated on September 30,2005; and WHEREAS, the parties have two children, Brandon, born on 11-10-2002 and Brianna, born on 3-5-2004; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire and HUSBAND is represented by Dawn S. Sunday, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 05- 5127 on September 30, 2005. The parties entered in to an agreement to resolve their divorce related issues through the collaborative law process. 3. COLLABORATIVE LAW PROCESS. The parties acknowledge that the provisions of this Agreement were established through the Collaborative Law Process and that this process best serves the parties long term goals, which require continued cooperation, communication and civility. Therefore, the parties agree that any issues which may arise concerning subjects covered by this Agreement, including modification and / or breach, shall be addressed through the collaborative process (pursuant to the parties November 8, 2005 Collaborative Law Participation Agreement) if the parties are unable to resolve the issues independently. 4. CONSENTS AND WAIVERS FOR DIVORCE. The parties agree to execute Affidavits of Consent for Divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree after June 12, 2006 but before July 15, 2006. 5. AGREEMENT TO REMAIN IN EFFECT. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that while the Agreement will not be incorporated into the Divorce Decree, the parties acknowledge that they are bound by the terms of this Agreement as if it had been incorporated but not merged with the final Divorce Decree. 6. DATE OF EXECUTION. The" date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the" date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 8. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/ she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 9. SEPARATIONjNON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 10. REAL PROPERTY. The parties are the joint owners of real property located at 29 Emlyn Lane, Mechanicsburg, Cumberland County, 17055 and have listed said residence for sale with a mutually selected realtor. The parties further acknowledge that WIFE is purchasing real estate at 9 South Barney Road, Clifton Park, New York, 12065. A. Clifton Park, New York property. HUSBAND and WIFE agree that WIFE may draw from the line of credit on the Emlyn Drive property with a current zero balance the amount of $ 44,000.00 towards the 20% down payment on the $ 245,000.00 purchase of the New York property. HUSBAND and WIFE further agree that said New York real estate shall be the sole and exclusive property of WIFE and WIFE shall be solely obligated on any financing associated with said purchase and indemnify and hold HUSBAND harmless thereon. HUSBAND shall have no ownership interest or obligation on said property. B. Emlyn Lane property. The parties acknowledge that WIFE is currently residing in the Emlyn Lane residence with the children and plans to relocate to the New York property on or about April 5, 2006. The parties further agree that HUSBAND shall have the right to return to and reside in the Emlyn Lane property after WIFE relocates until said property is sold. The parties further agree that HUSBAND shall make the monthly payments on the first mortgage, and the PNC home equity loan associated with his student loan pay off after WIFE relocates and until the property is sold. The parties further agree that they will, if permitted by the lender, each pay V2 of the interest only monthly payment, or in the alternative, the parties will each pay V2 of the minimum payment on the monthly line of credit payments associated with WIFE's draw for the down payment on the New York property. WIFE agrees that at the time of division of the Emlyn Lane sale proceeds, WIFE shall reimburse to HUSBAND any principal payments he made on the line of credit loan associated with the purchase of the New York property. HUSBAND shall continue to pay the home owners insurance and property taxes associated with the property until it is sold subject to certain reimbursements set forth here below. 1. Distribution of Emlyn Lane Sale Proceeds. a. The parties agree that the following obligations shall be satisfied from the total gross proceeds from the sale of the Emlyn Lane property: the first mortgage payoff balance, the PNC lien associated with the payoff of HUSBAND'S student loans, the line of credit payoff balance utilized by WIFE for the purchase of the New York property, the real estate commission and other sellers' costs set forth on the HUD-1 Settlement Sheet for the sale of the property, and reimbursement to HUSBAND of any refund due the seller for any prorated real estate taxes prepaid by HUSBAND. b. The parties agree that the net proceeds shall be distributed in the following order: 1) HUSBAND shall receive $44,000.00 to compensate for WIFE'S prior receipt of $44,000.00 on the line of credit for down payment on the New York property. 2) HUSBAND shall receive an amount equal to 100% of the reduction in the first mortgage balance on the Emlyn Lane property from the date on which WIFE moves out of the residence through the date of settlement on the sale of the property. Husband shall also receive 100% of any of Sellers pro-rated real estate taxes he paid after April 1, 2006 3) In the event the amount of the net proceeds is insufficient to reimburse HUSBAND for the amounts provided in subparagraphs 1 and 2 of this provision, HUSBAND'S reimbursement shall be paid by Wife to Husband either in a lump sum or in monthly payments no less than $500.00 a month at Wife's option until Husband receives the total monies due above. The parties agree to equal divide the remaining net proceeds, if any. 11. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts except as otherwise set forth in this Agreement. 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 debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the sepa~ation 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. Student loans: HUSBAND agrees that he shall be solely responsible for, and indemnify and hold WIFE harmless on the student loan debt in the approximate amount of $ 76,000.00 with American Education Services (AES). B. Automobile accidents related debts/obligations: HUSBAND agrees any expenses, liabilities, obligations of any kind associated with the two automobile accidents HUSBAND was involved in post separation shall be the sole and exclusive obligation of HUSBAND, and HUSBAND agrees to indemnify and hold WIFE harmless on any such expenses/liabilities. 12. RETIREMENT BENEFITS. HUSBAND and WIFE agree to equally divide the retirement assets/ accounts they acquired during the marriage as set forth below. A. HUSBAND is the owner of the following retirement accounts: 1. Etrade Financial IRA account Nos. 567692406 and 60492777 (rollover). which includes the rollover from previous employer Appalachian Orthopedics 401k with a separation date balance of approximately $ 36,600.00. B. WIFE is the owner of the following retirements assets/ accounts: 1. Vanguard IRA account No. 09969258101 with a separation balance of approximately $ 7,500.00. HUSBAND and WIFE agree to equally divide the marital retirement assets/ accounts by rolling over the amount of $ 14,550.00 from HUSBAND's larger IRA account to WIFE's IRA account via a QDRO, if necessary to assure the non taxability of the fund transfer, to effect a 50/50 distribution of the retirement assets. Except as set forth above, HUSBAND hereby waives his right, title and interest to any of WIFE's pension and! or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives her right, title and interest to any of HUSBAND's pension and! or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 13. BANK ACCOUNTS AND OTHER CASH ASSETS. The parties agree to equally divide the bank accounts and cash assets as set forth here below. HUSBAND and WIFE acknowledge that the following accounts are marital property that they agree to equally divide: A. PNC checking account no. 50-0464-0032 to be divided after the last joint bills and credit cards are paid. B. PNC Performance Money Market account no 50-0464-1596 with an approximate balance of $ 65,000.00. C. Ameritrade account No. 780-001418 approximately $9,091.00 The parties shall divide the above accounts equally, but HUSBAND shall first receive an amount identical to any monies WIFE utilized towards the purchase of or move to the Clifton Park property offset by the amount of HUSBAND has spent on his counsel fees, fines, costs and other expenses associated with his two automobile accidents and related charges. In the event WIFE's relocation expenses exceed HUSBAND's aforesaid auto accident related expenses, then WIFE shall reimburse HUSBAND an amount equal to said difference. After HUSBAND receives said identical sum, then the remaining monies from all of the above accounts shall be divided equally between the parties from which ever accounts as they agree. 14. LIFE INSURANCE. HUSBAND maintains a term life insurance policy with First Penn-Pacific Life Insurance Company Policy No. T105542138 with a Two Million Dollar death benefit. HUSBAND and WIFE agree that HUSBAND shall continue to maintain said life insurance policy, or a policy which provides the necessary coverage as set forth in this paragraph, through the duration of HUSBAND's financial responsibility to WIFE for spousal support and alimony as set forth in this Agreement and through out HUSBAND's financial obligations for the children including the post secondary education obligations. HUSBAND and WIFE further agree that HUSBAND shall name WIFE as the irrevocable beneficiary of One Million Dollars of said life insurance proceeds and provide WIFE with proof of said beneficiary designation. HUSBAND and WIFE further acknowledge that HUSBAND will have to redesignate WIFE as said beneficiary after the parties' divorce is finalized so WIFE's right to receive said insurance proceeds does not terminate by operation of law. WIFE hereby waives any other right, title, claim or interest she may have in any life insurance policy of HUSBAND except as set forth in this paragraph. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. 15. DISABILITY INSURANCE. HUSBAND is currently covered under a Group Long Term Disability insurance policy through his employment with Orthopedic Institute of Pennsylvania underwritten by Northwestern Mutual Life Insurance Company (OIP) providing a 60% of monthly income benefit to a maximum benefit of $ 15,000.00. The plan has a 181 Day Elimination Period and a Benefit Period to Age 65. The plan has a 3% Cost of Living Adjustment and includes Own Occupation and Own Specialty Definition of Disability to Age 65. The plan is portable in that HUSBAND can elect to retain or keep said policy if he leaves employment with OIP. HUSBAND and WIFE specifically agree that if HUSBAND's employment ends with OIP, and no similar disability coverage is available through new employment, HUSBAND shall retain this disability insurance coverage if retaining it is not cost prohibitive, through the duration of HUSBAND's financial responsibility to WIFE for spousal support and alimony as set forth in this Agreement and throughout HUSBAND'S financial obligations for the children including the post secondary education obligations. 16. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 17. VEHICLES. The parties own a 2003 Honda Pilot automobile. Said vehicle is not encumbered. HUSBAND and WIFE agree that HUSBAND shall transfer to WIFE any and all right, title, claim or interest he has in said vehicle to WIFE and the Honda shall be the sole and exclusive property of WIFE. The parties also own a 2004 Nissan Titan automobile. Said vehicle is not encumbered but was recently damaged in an automobile accident. HUSBAND shall be entitled to receive the auto insurance proceeds to repair said vehicle. 18. PARENTING PLAN. A. The parties agree that they shall share having legal custody of their children, Brandon and Brianna. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including but not limited to all decisions regarding their health, education and religion. The parties agree that each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. B. The parties agree that the Children shall primarily reside with WIFE and that HUSBAND shall have custody of the Children for a minimum of one weekend per month and at additional times as arranged by agreement between the parties. C. The parties agree that they will share having holiday time with the Children as arranged by agreement. D. WIFE agrees that she will contact HUSBAND'S parents when WIFE is planning to travel with the Children to the Wilkes Barre area, to enable HUSBAND'S parents to have ongomg contact with the Children. E. In the event HUSBAND makes arrangements for the Children to travel by plane to HUSBAND'S residence for a period of custody, HUSBAND agrees to pay the costs of the Children's airfare and WIFE agrees to pay the costs of her own airfare to accompany the Children. F. The parties agree that this parenting schedule reflects their determination of the arrangements which best meet the Children's needs and interests at the present time and also agree to cooperate in making adjustments to the custody arrangements as necessary to continue serving the Children's needs and interests on an ongoing basis. G. The parties acknowledge the extreme importance of communication in their ongoing co-parenting relationship and agree to maintain open communication on all issues concerning the Children. 19. CHILD MAINTENANCE, ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby agree to the support and alimony provisions set forth here below. A. Child Maintenance: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE the sum of FOUR THOUSAND FIVE HUNDRED DOLLARS ($ 4,500.00) per month ($2250.00 per child) in child support commencing April 15, 2006 and continuing until each child reaches age 18 or ceases enrollment in high school which ever shall later occur. In the event HUSBAND,s net income increases above $ 168,000.00 in any calendar year, then HUSBAND shall tender to WIFE additional child support in the amount of 10% of any net monies HUSBAND earns over and above the net income of $ 168,000.00. Said payment shall be tendered to WIFE on or before January 31 following the year of said additional income. HUSBAND's net income shall be calculated by determining his gross income from all sources less his mandatory taxes, and mandatory retirement contributions. HUSBAND shall have the right to claim both children as dependents on his income tax filings each year as long as HUSBAND's income exceeds WIFE's income. B. Spousal support, Alimony Pendente Lite and Alimony: HUSBAND shall tender to WIFE the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ( $ 2,500.00) per month commencing April 15, 2006. Said payments shall be considered spousal support; alimony pendente lite while the parties are still married and shall be considered alimony as soon as the parties divorce decree is issued. HUSBAND shall make said $ 2,500.00 per month payments for a period of 15 years ending April 15, 2021 except as otherwise set forth here below. HUSBAND and WIFE specifically agree that if WIFE is still residing in the Clifton Park property and has paid the original mortgage in full for the purchase of the Clifton Park property in 12 1/2 years, then HUSBAND's alimony obligation shall terminate at 12 1/2 years. The parties further agree that in no event shall HUSBAND pay alimony for a period of time in excess of 15 years from the date this spousal support/ alimony obligation commences. The extension of alimony payments beyond 12 1/2 years under this provision is conditioned upon WIFE'S good faith efforts to payoff the mortgage within that time period without incurring further encumbrances on the property. HUSBAND and WIFE further agree said spousal support/ alimony obligation shall terminate upon the death of either party, WIFE's cohabitation with a man for a period in excess of six months, or WIFE's remarriage. The parties further agree that when the spousal support/ alimony obligation terminates, HUSBAND's child support obligation shall be reduced to FOUR THOUSAND DOLLARS ($ 4,000.00 ) per month ($2000.00 per child) there after. C. Post Secondary Education Tuition: The parties agree that HUSBAND will be responsible for 80%, up to a maximum of $ 60,000.00 per year, and WIFE will be responsible for 20% of the following expenses associated with the children's college or vocational training: tuition, room/board, and books. The parties' obligation under this provision shall be limited to up to 5 continuous years for each child, except in the event of a medical hardship interruption in the child's education. The parties' obligation under this provision is conditioned upon the parties' agreement on the selection of the educational institution and each child's satisfactory performance in school as established by agreement between the parents or the standards of the educational institution, whichever is higher. The parties agree that they will utilize Brandon's 529 Plan account referenced in paragraph 20 before apportioning college expenses. D. Health Insurance: HUSBAND and WIFE agree that HUSBAND shall continue to provide health insurance for the children. HUSBAND shall also continue to maintain health insurance coverage for WIFE until the date of the parties' divorce. HUSBAND and WIFE agree to cooperate and work together in the event that the health insurance provided by HUSBAND's employer is not sufficient or effective in the area where WIFE and children reside. E. Modifiability: 1. Voluntary Decrease in Income: HUSBAND and WIFE agree that the child maintenance, spousal support and alimony provisions of this Agreement shall be non modifiable in the event of a voluntary decrease in HUSBAND's income. 2. Involuntary Decrease in Income: In the event of an involuntary decrease in HUSBAND's income where HUSBAND's net income as previously defined here above, decreases by more than 20%, then the parties agree that said child support/ alimony provisions may be modified as agreed by the parties. If the parties are unable to reach an agreement on the amount to modify the child support and alimony in the event of an involuntary decrease of HUSBAND's income, then the parties agree to return to the collaborative law process to resolve this issue. 3. Increase in WIFE's Income: HUSBAND and WIFE agree that in the event WIFE earns $ 150,000.00 or more in income other than the alimony income set forth in this Agreement in any calendar year, then WIFE's alimony would be suspended for that year. Anyone time lump sum receipt of monies by WIFE from inheritances, lottery winnings or any other lump sum she may receive, shall be pro rated over the remaining years of HUSBAND's alimony obligation to WIFE to determine if WIFE is deemed to have received additional earnings of $ 150,000.00 in any given year. For example, if WIFE inherited $ 500,000.00 on Apri115, 2011, then said money would be divided by ten (10 years remaining in HUSBAND's alimony obligation) and WIFE would be deemed to receive $ 50,000.00 a year in income for each year from 2011 through 2021 when calculating WIFE's income in excess of her alimony income. HUSBAND expressly waives, releases, discharges and gives up any and all rights or claims which he may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. Except in the case of an involuntary decrease by more than 20% of HUSBAND's income, the parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 20. 529 COLLEGE SAVINGS PLAN. HUSBAND and WIFE acknowledge that they started a 529 College Savings Plan for their son Brandon M. Werner known as the Vanguard 529 College Savings Plan, Account Number 288699141-01 which has a current balance of approximately $ 6,000.00. HUSBAND and WIFE specifically agree to continue to jointly maintain said 529 plan for Brandon for post secondary education expenses. 21. 2005 INCOME TAX FILINGS HUSBAND and WIFE agree to cooperate and file joint federal, state and local income tax returns for 2005. The parties further agree to divide any refunds equally. 22. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses after the execution of this Agreement after April 15, 2006. 23. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 24. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 25. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 26. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 27. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. 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. 30. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. WHEREFORE, each party hereto sets forth his and her signature here below intending to be legally bound. WITNESSES: ?ie~ ~~ Lee Ann Werner Dawn S. Sunday, Esquire ~4~~ - ~ Michael Werner ,~. COMMONWEALTH OF PENNSYLVANIA :55. COUNTY OF c..iJm~LAN U On the :<Bl'-h day of {~h .2006 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Lee Ann Werner, known to me. (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Nolary Public Camp Hin 80m, Cumberland County My Commission Expires Oct. 27, 2007 Member, Pennsylvania Association Of Notaries iY\0IU-j 11'1. ;f~ Notary Public My Commission Expires: D:.~-;;2J, ~Cb\ COMMONWEALTH OF PENN5YL VANIA :SS. COUNTY OF C:..UYY\eR~LAN\) On the ~~~ day of rYbfl',~ I ~()~ , ~ before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Michael Werner, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Nolary Public Camp HiD Boro, Cumberland County My Commission Expires Oct. 27. 2007 Member. Pennsylvania Association Of Notaries -m~:-'i -rY]. ?f~ Notary Puolic My Commission Expires: oc..6bw- ;(1.;2.CX)--' f- -"')... .-' { :' ",- , \ f-','\ .~t' -- ,\ c" LEE ANN WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5127 CIVIL TERM MICHAEL R. WERNER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 30, 2005 . 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:~ \ kt "--" ~ Mfuhae R. Vv. erner ------- ---"" cr\ LEE ANN WERNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5127 CIVIL TERM MICHAEL R. WERNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATE: ~,t~ cha~l R.-Werner ------ ~"'1 "_I -,.- ,-' 01 , "' LEE ANN WERNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5127 Civil Term MICHAEL R. WERNER, Defendant CIVIL ACTION - LA W IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER fi 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: October 11,2005 (b) Manner of service: United States Mail. Affidavit of Service filed: October 18, 2005. 3. Date of execution of the Affidavit of Consent required by ~ 3301 ( c) of the Divorce Code: (a) By the Plaintiff: signed June 20, 2006, filed June 29, 2006. (b) By the Defendant: signed August 4, 2006 and filed simultaneously with this document. 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: signed June 20, 2006, filed June 29, 2006 (b) By the Defendant: signed August 4, 2006 and filed simultaneously with this document. , I . ..... 5. Related claims pending: NONE DATED: ~--IZ-ob on rney ID No. 36 2 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff c/' .f,"- c.n ~ ~if. ~ if. if. if. ili if. ili ili ili ili ili ili if. "'''' ili ili if.ili ~ ~~ ~iliiliif.if.if.~ ili IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Lee Ann Werner Plaintiff No. 05-5127 Civil Ter VERSUS Michael R. Werner Defendant DECREE IN DIVORCE AND NOW, ~ IT IS ORDERED AND ~ DECREED THAT Lee Ann Werner , PLAI NTI FF, AND Michael R. Werner , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WHICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; AND, it is further ordered, adjudged and decreed, that the terms of the parties' Marital Settlement Agreement dated March 28, 2006, and attached he. e incorporated herein ATTEST: PROTHONOTARY iliili ili iliiliili iliili ili ~ili~ if. iliiliif.iliili iliili~iliili ili ili iliiliili iliili ili ili ili ~'io ili ili ili ili ili ili ili ili ili ili ili ili ili ili ili ili ili ili if. if. ili ili ili ili ili ili ili ili ili J. ~-P ~ ~ ~ ?r7<)C ..~ rwy 7~~n 1c7' JB'/; .. .