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HomeMy WebLinkAbout06-2788TAMARA KAY EIMERBRINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0 G - a--7 SCOTT ALAN EIMERBRINK, Defendant IN DIVORCE NOTICE TO DEFEND 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, PA 17013 717-249-3166 SAMIS, FLOWER & UN H DS S" 26 Carlisle, PA Respectfully submitted, SAIDIS, FLOWER & LINDSAY By c i lC? Marylou Ma s, Esquire Supreme Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Tamera Kay Eimerbrink Plaintiff N O. 2006-2788 VERSUS Scott Alan Eimbrbrink Defendant DECREE IN DIVORCE AND NOW, 'q cJ_ (I ZDd' , IT IS ORDERED AND DECREED THAT Tamera Kay Eimerbrink , PLAINTIFF, AND Scott Alan Eimerbrink ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated September 20, 2007 are incorporated, but not merged, herein. BY THE COURT: loo ATT,E J . PRO HO ARY -114 C l ,Jf ---? F TAMARA KAY EIMERBRINK, Plaintiff vi. SCOTT ALAN EIMERBRINK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01, • 1 7 $ 8' C. v? Te.-- IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Tamara Kay Eimerbrink, an adult individual residing at 601 Shippen Street, Middletown, Dauphin County, Pennsylvania. 2. The Defendant is Scott Alan Eimerbrink, an adult individual residing at 367 Georgetown Road, Gardners, Pennsylvania 17324. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 23, 2000 in Elizabethville, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 9. The Plaintiff has been advised that counseling is available and that she SLkM S, FLOWER & LENDS" 26 West High Street Carlisle, PA has the right to request that the court require the parties to participate in counseling. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNTI EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 are incorporated hereto as if fully set forth herein. 14. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT II SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 15. The averments in paragraphs 1 through 14 are incorporated hereto as if fully set forth herein. 16. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT III ATTORNEY'S FEES AND COSTS 17. The averments in paragraphs 1 through 16 are incorporated hereto as if SAMIS, fully set forth herein. FLOWER & LINDSAY 18. Plaintiff is unable to sustain herself during the course of this litigation or 26 West High Street Carlisle, PA to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. COUNT IV INDIGNITIES 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make his/her life burdensome and his/her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Mary-ToL( atas, Es4uire Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 51 IC)/L)n Counsel for Plaintiff SAIDIS, FLOWER Sz LINDSAY muw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: l I DG Tamara Kay Eimerbrink CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: Nathan C. Wolfe, Esquire 10 W. High Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Mary u tas, sq Suprem urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA r, ? o 4. 6? C7• C?tr= ...? C "T1 ? trytl I's e ?:t CA, O ! C7 Cy r `?d W TAMARA KAY EIMERBRINK, Plaintiff V SCOTT ALAN EIMERBRINK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 6-a-7d'8 IN DIVORCE PETITION FOR SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS AND NOW, comes the Petitioner, Tamara Kay Eimerbrink, by and through her counsel, Marylou Matas, Esquire and The Law Firm of Saidis, Flower & Lindsay and Petitions this honorable court as follows: 1. Plaintiff is Tamara Kay Eimerbrink an adult individual currently residing at 601 Shippen Street, Middletown, Dauphin County, Pennsylvania. 2. Defendant is Scott Alan Eimerbrink an adult individual currently residing at 367 Georgetown Road, Gardners, Cumberland County, Pennsylvania. 3. The parties hereto are Husband and Wife having been joined in marriage on September 23, 2000. The parties separated on or about December 17, 2005. 4. Plaintiff herein filed a Complaint in Divorce on May 15, 2006. 5. Plaintiff is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Plaintiff requests this honorable court to order Alimony Pendente Lite, in an amount equal to the Pennsylvania State Support Guidelines and reasonable SAIDIS, FLOWER & LINDSAY 26 Wat High Street Carlisle, PA attorney's fees. Respectfully submitted, S DIS LOW R, LINDSAY MraYrylo atas, Esquire 26 Wes High Street Carlisle, PA 17013 Dated: 51 i lU(a (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Tamara Kay Eimerbrink SAIDI FLOWFR'& LINDSAY 26 War High Street Carlisle, PA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION IS FLOWER'& LINDSAY 26 West High Sestet Carlisle, PA TAMARA KAY EIMERBRINK Docket No. Plaintiff V. PACSES Case No. SCOTT ALAN EIMERBRINK, Defendant Other State ID No. DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Tamara Kay Eimerbrink ADDRESS 601 Shippen Street Middletown, PA 17057 BIRTH DATE 11/08/72 SOCIAL SECURITY NUMBER 434-53-5225 HOME PHONE WORK PHONE EMPLOYER NAME Not Employed EMPLOYER ADDRESS None JOB TITLE/POSITION None DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME Child Support Received for 2 Children of Prior Marriage ATTORNEY'S NAME Marylou Matas, Esquire ATTORNEY'S ADDRESS 26 West High Street Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER 7)243-6222 FI? RI '& LINDSAY 26 West High Stre r Carlisle, PA RESPONDENT NAME Scott Alan Eimerbrink ADDRESS 367 Georgetown Road Gardners, PA 17324 BIRTH DATE 10/ 155 SOCIAL SECURITY NUMBER HOME PHONE EMPLOYER NAME Self Employed/ Farmer EMPLOYER ADDRESS 367 Georgetown Road Gardners, PA 17324 JOB TITLE/POSITION Farmer DATE EMPLOYMENT COMMENCED 2000 GROSS PAY NET PAY OTHER INCOME $450.00/month rental income ATTORNEY'S NAME Nathan Wolf, Esquire ATTORNEY'S ADDRESS 10 West High St., Carlisle, PA ATTORNEY'S PHONE NUMBER 717 241-4436 MARRIAGE INFORMATION DATE OF MARRIAGE 9/23/2000 PLACE OF MARRIAGE Elizabethville, PA DATE OF SEPARATION 12/17/2005 ADDRESS OF LAST MARITAL HOME 367 Georgetown Road Gardners, PA DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce Complaint DATE APL FILED May 15, 2006 CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: Nathan C. Wolfe, Esquire 10 W. High Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY 4h, ?ael.- Maryl as, Esquire Supreme urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 SAMIS F7-OWER'& LENDS" 26 W= High Str t C.IWs , PA C c'? C j 0 TAMARA IC EIMERBRINK, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2788 CIVIL TERM SCOTT A. EIMERBRINK, IN DIVORCE Defendant/Respondent PACSES CASE NO: 625108280 ORDER OF COURT AND NOW, this 17jh day of May, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Tuesday. June 13, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on May 17, 2006 to: Petitioner Respondent Marylou Matas, Esquire Nathan C. Wolf Date of Order: May 17.2006 .4 J. Sh/ day, nference Officer f YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 o ? c - ?: -, ? V?- ?;_ ?'Q - `? rn =*° =? ?, .` c,? v ' ? ?r ;. TAMARA KAY EIMERBRINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SAMIS, FLOWER & LINDSAY ATIOWWrOMMAW 26 West High Street Carlisle, PA V. CIVIL ACTION - LAW NO. ()&-,. '188 SCOTT ALAN EIMERBRINK, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above-captioned matter and I am authorized to do so on behalf of my client, Scott Alan Eimerbrink. P Date vVV!// l// t? ?, CG _? r l' _ (-p ? T 'T7 rT ; - _?5 C_ -.? ; C. --? 'J C_M? --` ? ?i ? ? t`%7 9`,,,1 ? ''C I- I NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TAMARA K. EIMERBRINK, Plaintiff V. SCOTT A. EIMERBRINK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06 - 2788 CIVIL TERM : PACSES #625108280 STIPULATION AND AGREEMENT FOR THE PAYMENT OF ALIMONYPENDENTE LITE THIS STIPULATION AND AGREEMENT entered into this _ day of , 2006, by and between Tamara K. Eimerbrink, (hereinafter referred to as "Wife") and Scott A. Eimerbrink, (hereinafter referred to as "Husband"). WHEREAS the Wife filed an action at PACSES 486108193 for spousal support on April 13, 2006. WHEREAS the Wife filed an action in divorce at the above captioned docket, in which she included a request forAlimony Pendente Lite, on May 16, 2006. WHEREAS the Wife and the Husband, wish to enter into an agreement relative to the Wife's claim for Alimony Pendente Lite, and have therefore set forth the terms of their agreement, intending for the Court to enter an order incorporating the terms of the parties' agreement, as follows: (1) The effective date of this order shall be May 1, 2006. (2) Husband shall pay for Wife's health insurance premiums, including any increases pending the finalization of the divorce action. a. Said payments shall be made directly to Geisinger Health Plan and Wife shall request that the insurance company send all future bills directly to Husband. b. Wife shall forward the bill for the June premium to Husband as soon as possible. V c. Upon receipt of evidence that the premium for May was paid by Wife, Husband agrees to reimburse Wife for said monthlypremium. d. If the payment was not made for the month of May, Husband agrees to make said payment within ten (10) days of the date of this Agreement. e. Wife's current premium is $231.75 per month. (3) Husband shall pay for Wife's car payment to Chase Financial until the loan is satisfied. a. Upon satisfaction of the loan, Husband agrees to cooperate to transfer title of the vehicle to Wife's name alone. b. Wife shall ensure that Husband is given the payment coupons for said loan. c. The current monthly payment for the loan is $189.36. (4) The parties will be equally responsible for Wife's unreimbursed medical expenses. (5) The parties agree to the entry of an order in accordance with the aforementioned terms and have discussed this agreement with counsel. IN WITNESS WHEREOF, the parties have set forth their hands and seals intending to be legally bound thereby. LnL.,r (SEAL) SEAL) TAMARA K. EIMERBRINK SCOTT A. EIMERBRINK 2", PC tas, sal dre ?ra W squi Saidis er & Lin Wolf & o Counsel for Plaintiff Counse r Defendant /' --.? ?_. __? ' -. ( ?. i.:_ ?.? ? i -- Cam: °'4., ??.a 1 TAMARA K. EIMERBRINK, Plaintiff/Petitioner VS. SCOTT A. EIMERBRINK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-2788 CIVIL TERM IN DIVORCE PACSES # 625108280 ORDER OF COURT AND NOW, this 17th day of July, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0 and Respondent's monthly net income/earning capacity is $0, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $0.00 per month payable as follows: $0.00 for alimony pendente lite and $0.00 on arrears. First payment due as agreed upon in the parties' stipulation. Arrears set at $0 as of July 17, 2006. The effective date of the order is May 1, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Tamara K. Eimerbrink. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This Order isbased upon a stipulation of the parties. See attached stipulation. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent DRO: R. I Shadday ed copies on: L Petitioner Respondent Nathan C. Wolf, Esq. Marylou Matas, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, Oler, Jr., J. -D R46 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 211-4436 ATTORNEY FOR DEFENDANT TAMARA K. EIMERBRINK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA, ' CIVIL ACTION - LAW NO. 06 - 2788 CIVIL TERM PACSES #625108280 STIPULATION AND AGREEMENT FOR THE PAYMENT OF ALIMONYPENDENTE L= THIS STIPULATION AND AGREEMENT entered into this )1 V' day of, 2006, by and between Tamara K. Eimerbrink, (hereinafter referred to as "Wife") and Scott A. SCOTT A. EIMERBRINK, Defendant Eimerbrink, (hereinafter referred to as "Husband"). WHEREAS the Wife filed an action at PACSES 486108193 for spousal support on April 13, 2006. WHEREAS the Wife filed an action in divorce at the above captioned docket, in which she included a request forAkmony Pendente Lite, on May 16, 2006. WHEREAS the Wife and the Husband, wish to enter into an agreement relative to the Wife's claim for Alimony Pendente Lite, and have therefore set forth the terms of their agreement, intending for the Court to enter an order incorporating the terms of the parties' agreement, as follows: (1) The effective date of this order shall be May 1, 2006. (2) Husband shall pay for Wife's health insurance premiums, including any increases pending the finalization of the! divorce action. a. Said payments shall be made directly to Geisinger Health Plan and Wife shall request that the insurance company send all future bills directly to Husband. b. Wife shall forward theI bill for the June premium to Husband as soon as possible. c. Upon receipt of evidence that the premium for May was paid by Wife, Husband agrees to reimburse Wife for said monthly premium d. If the payment was not made for the month of May, Husband agrees to make said payment within ten (10) days of the date of this Agreement. e. Wife's current premium is $231.75 per month. (3) Husband shall pay for Wife's car payment to Chase Financial until the loan is satisfied. a. Upon satisfaction of the loan, Husband agrees to cooperate to transfer title of the vehicle to Wife's name alone. b. Wife shall ensure that Husband is given the payment coupons for said loan. c. The current monthly payment for the loan is $189.36. (4) The parties will be equally responsible for Wife's unreimbursed medical expenses. (5) The parties agree to the entry of an order in accordance with the aforementioned terms and have discussed this agreement with counsel. IN WITNESS WHEREOF, the parties have set forth their hands and seals intending to be legally bound thereby. (SEAL) i? EAL) TAMARA K. EIMERBRINK SCOTT A. EIMERBRINK Wolf & Wolf Counsel for Defendant ('1 h l lJ C^ Cil L T"! l:J K TAMARA KAY EIMERBRINK, Plaintiff V. SCOTT ALAN EIMERBRINK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2788 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed May 16, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 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 unswom falsification to authorities. q ? f Date: / /6 K Tamara Kay Ei rink PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER3 3301 fc) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAWIS, LKNOS?AY 26 west High Sum Carlisle, PA 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 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 unswom falsification to authorities. Date: ')'o L6) / Tamara Kay Eimerbri6k G s "t .y 7U.04- a -I g t SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ;b 4A day of ?ytEMbf_,k, , 2007, by and between SCOTT A. EIMERBRINK, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND TAMARA K. EIMERBRINK, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 23, 2000, in Elizabethville, Pennsylvania, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, --Page 1 of 13-- Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice o Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Nathan Wolf, Esquire and to Wife by her counsel Marylou Matas, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. --Page 2 of 13-- 4. Date of Execution: The "date of execution" or "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. 5. TaIWble Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' Pick-up Truck, farm truck and Ford van. Wife shall make no claim to Husband's access or ownership of said vehicles. It is believed that these vehicles are titled in Husband's name individually. In the event it is discovered that these vehicles are titled in the parties' names jointly, Wife will promptly execute any and all necessary documents to transfer these vehicles to Husband's name individually. --Page 3 of 13-- b.) Wife retained sole and exclusive possession of the parties' 2001 Saturn. Husband shall make no claim to Wife's access or ownership of said vehicle. It is believed that this vehicle is titled in Wife's name individually. In the event it is discovered that this vehicle is listed in the parties' names jointly, Husband will promptly execute any and all necessary documents to transfer this vehicle to Wife's name individually. c.) As of the date of execution of this Agreement, each party has obtained their own separate and individual car insurance policy for their own individual protection. 8. Real Estate: During their marriage, the parties owned real estate, which includes land, a residence, a farming operation, equipment, and livestock, located at 367 Georgetown Road, Gardners, Cumberland County, Pennsylvania. The property was appraised at $850,000 in 2004. This property is encumbered with a first mortgage due and owing to The Bank of Lancaster County, with an approximate date of separation balance of $290,612.00, requiring the monthly payments of $6,675.00. In addition, this property is encumbered with a second mortgage due and owing to the Bank of Lancaster, with an approximate date of separation balance of $305,000, requiring the quarterly payment of $9,661.00. The property also is encumbered with a mortgage due and owing to Gerald Jones, in the amount of approximately $35,000. This property also is encumbered with a mortgage due and owing to the Bank of Hanover, in the amount of approximately $15,000. From the date of separation forward, Husband shall maintain sole and exclusive responsibility for the repayment of the aforesaid mortgages and indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the property. Wife shall not access or use the property. With regard to the mortgages held by the Bank of Lancaster and the Bank of Hanover, Husband shall refinance or otherwise assume the mortgages to his name individually within thirty (30) days of the execution of this Agreement. In the event Husband is denied refinancing, he will make each such mortgage payment as due and indemnify Wife from all claims made --Page 4 of 13-- against the parties for collection of payments. In that event, Husband shall be obligated to file for a refinance every six (6) months thereafter until approved. With regard to the mortgage held by Gerald Jones, Husband shall execute a new mortgage note in favor of Mr. Jones, in the total amount currently due under that mortgage, in his name individually. Said note shall be executed prior to or at the time of execution of this Agreement. Wife shall execute a deed transferring her interest in the property to Husband's name individually. This deed shall be held by Wife's attorney in escrow and released to Husband or Husband's mortgage company to be filed contemporaneously with the latest of the filing of Husband's refinanced mortgage documents. Wife's name shall not be removed from the deed so long as her name is listed as a responsible party on any of the mortgage documents, but shall be promptly removed from the deed upon the refinancing of all mortgages. For so long as Wife's name is listed on the mortgage as a responsible party, Husband and Wife shall be listed on the deed as joint owners with the right of survivorship. From the date of execution of this Agreement forward, for so long as Wife is listed as a responsible party on any mortgage or lien encumbering the real estate, and for so long as her name is listed on the deed, neither party shall be permitted to further encumber the real estate. In the event that Husband is denied refinancing and then fails to make payment on the mortgages when they are due for three consecutive months, Wife shall be permitted to immediately list the entire operation, including the farm, residence, livestock and equipment, for sale. Husband shall cooperate with the sale of the properties and shall sign all documents necessary for Wife to engage a broker/realtor, to list the properties, to sell the properties, and any and all other aspects associated with the sale of the properties. Wife shall be in control of all aspects of the sale of the properties and Husband shall not take any action to delay sale. Upon the sale, the parties shall equally divide all proceeds, less any and all money that Husband has paid toward the cost of sale, maintenance of property pending sale, or mortgage pending sale. Husband shall make payment to Wife the sum of TWENTY-SIX THOUSAND FIVE --Page 5 of 13-- HUNDRED AND 00/100 ($26,500) DOLLARS on the date of execution of this Agreement for her interest in the real estate. In addition, Husband shall sign a letter of responsibility to be forwarded to Wife's attorney, which acknowledges that Husband was and is solely responsible for payment of the mortgage, taxes, insurance and all other payments associated with the real estate from the date of separation to the date of refinance. 9. Turkey Contracts: As part of the farming operation, Husband and Wife are parties to a turkey contract, receiving payments in variable amounts at variable intervals, but requiring both Husband's and Wife's signatures. For the mutual promises and covenants herein, Wife hereby waives any right, title and interest she has or may have in the turkey contract. Wife gives up and releases any payment she may be entitled to receiving from the turkey contract from the date of separation forward. 10. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 11. Pension Interests: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Husband's pension or retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. 12. Investment Accounts: Husband and Wife each maintain that they do not own any investment accounts, not previously identified herein as pension or retirement accounts. --Page 6 of 13-- 13. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on December 17, 2005, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly, other than what is referred to as mortgages in Paragraph 8 above. Husband agrees to maintain responsibility for any debts that are listed in his name individually. Wife agrees to maintain responsibility for any debts that are listed in her name individually. 14. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Medical Insurance: Pursuant to the Order of Court, dated July 17, 2006, docketed to the Court of Common Pleas, Cumberland County, No. 06-2788, Husband is ordered to pay for Wife's health insurance premiums, including any increases thereon, pending finalization of the divorce action. Wife will obtain her own separate health insurance coverage upon entry of the final divorce decree, at her own cost. .1 t ' ?Q C.""_ In addition, pursuant to the Order of Court dated July 17, 200 Husband and Wife are directed to share equally all of Wife's unreimbursed medical expenses. At the time of execution of this Agreement, Husband is making payment to Wife in the amount of $550.00 for his share of --Page 7 of 13-- unreimbursed medical expenses incurred by Wife. This payment of unreimbursed medical expenses represents a final payment of expenses by Husband to Wife on this claim. In the event that Wife has an outstanding claim for expenses that is to be collected with the assistance of the Cumberland County Domestic Relations Office, she will immediately withdraw that action. 16. Spousal Support Alimony Alimony Pendente Lite, and Spousal Maintenance: a.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. Wife filed a complaint for Alimony Pendente Lite through Cumberland County Domestic Relations. Within ten (10) days of the entry of a Decree in Divorce, Wife shall sign all documents necessary to withdraw that Complaint retroactive to the date the final Decree is entered and shall make no further requests for any type of financial maintenance from Husband whatsoever. 17. Mutual Releases: Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge one another, and their respective heirs, estates, executors and assigns, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, of whatever nature and wheresoever situate, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property and income, past, present or future, except those rights, agreements and obligations, arising under this Agreement or for the breach thereof. --Page 8 of 13-- 18. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. At the time of execution of this Agreement, both parties shall execute Affidavits of Consents and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. In addition, Wife shall file a Request to Retake her Former Name within ten (10) days of execution of this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Legal Fees: In the review and preparation of this Agreement each party shall be responsible for his or her own, legal fees. 20. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. --Page 9 of 13-- 22. Summary ofE ect ofAgreement: It is specifically understood and agreed by and between the parties hereto, and each parry accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 24. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severabilitv: 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 --Page 10 of 13-- 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. --Page 11 of 13-- 32. Agreement Bindingon Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Y/z at SCOTT ALAN ERvfERBRINK G2 ?-0 D _? Date TAMARA KAY EBURBRINK --Page 12 of 13-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this 2 1) day of 2007, before me, the undersigned officer, personally appeared, SCOTT ALAN EIMERBRINK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notaft Seal Nathar• ' ; vok Notary Pd* cadre Bar,: ;,urnoedend courrly My Corrniow. Epm Apr. 18, 2008 MNrrber, Pennsylvania Assoolation Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?I4Q}'`Q G?-?GQ On this a6l"day of , 2007, before me, the undersigned officer, personally appeared TAMARA KAY EIMERBRINK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS, WHEREOF, I hereunto set my hand and official seal. Not Public NOTARIAL SEAT. MERLENE J. MiARHM, NOTARY PM U CARLISLE, CUMBERLAND COUNTY, PA W COMMISSION EXPRRES JUNE 8, 2010 --Page 13 of 13-- w w?M1 4.r? r 1 4.Y 77r: :FA f TAMARA KAY EIMERBRINK, Plaintiff V. SCOTT ALAN EIMERBRINK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2788 IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Tamara Kay Eimerbrink, the Plaintiff in the above SAWIS FLONVM ,& I2SiDS" 26 west High Street Carlisle, PA matter, having filed a Complaint in Divorce on May 16, 2006, hereby intends to resume and hereafter use the previous name of Tamara.Kay Wolfe, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. COMMONWEALTH OF PENNSYLVANIA COUNTY OF GAA'V4 .SLOR-J'-O1 Tamara Kay E' rink TO BE (KNOWN AS: L'-, ) 6-1?' 4 Tamara Kay Wo ss. ON this, the 020' day _ 2007, before me, a Notary Public, personally appeared Tamara Kay Eimerbnnk, known to me or satisfactory proven to be the person whose name i§ subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Pu C c" GO> rr ? c JAJO fA, j: c {A r TAMARA KAY EIMERBRINK, Plaintiff v SCOTT ALAN EIMERBRINK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2788 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed May 16, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 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: Scott Alan Eimerbrink DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LINDSAY nMAW 26 West High Street Carlisle, PA 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 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: 9-2-1-GZ Scott Alan Eimerbrink co b(o -- .2 7Pd' x SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this A 44 day of 2007, by and between SCOTT A. EIMERBRINK, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND TAMARA K. EIMERBRINK, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 23, 2000, in Elizabethville, Pennsylvania, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof, and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, --Page 1 of 13-- Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice o Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Nathan Wolf, Esquire and to Wife by her counsel Marylou Matas, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. --Page 2 of 13-- 4. Date of Execution: The "date of execution" or "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. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' Pick-up Truck, farm truck and Ford van. Wife shall make no claim to Husband's access or ownership of said vehicles. It is believed that these vehicles are titled in Husband's name individually. In the event it is discovered that these vehicles are titled in the parties' names jointly, Wife will promptly execute any and all necessary documents to transfer these vehicles to Husband's name individually. --Page 3 of 13-- b.) Wife retained sole and exclusive possession of the parties' 2001 Saturn. Husband shall make no claim to Wife's access or ownership of said vehicle. It is believed that this vehicle is titled in Wife's name individually. In the event it is discovered that this vehicle is listed in the parties' names jointly, Husband will promptly execute any and all necessary documents to transfer this vehicle to Wife's name individually. c.) As of the date of execution of this Agreement, each party has obtained their own separate and individual car insurance policy for their own individual protection. 8. Real Estate: During their marriage, the parties owned real estate, which includes land, a residence, a farming operation, equipment, and livestock, located at 367 Georgetown Road, Gardners, Cumberland County, Pennsylvania. The property was appraised at $850,000 in 2004. This property is encumbered with a first mortgage due and owing to The Bank of Lancaster County, with an approximate date of separation balance of $290,612.00, requiring the monthly payments of $6,675.00. In addition, this property is encumbered with a second mortgage due and owing to the Bank of Lancaster, with an approximate date of separation balance of $305,000, requiring the quarterly payment of $9,661.00. The property also is encumbered with a mortgage due and owing to Gerald Jones, in the amount of approximately $35,000. This property also is encumbered with a mortgage due and owing to the Bank of Hanover, in the amount of approximately $15,000. From the date of separation forward, Husband shall maintain sole and exclusive responsibility for the repayment of the aforesaid mortgages and indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the property. Wife shall not access or use the property. With regard to the mortgages held by the Bank of Lancaster and the Bank of Hanover, Husband shall refinance or otherwise assume the mortgages to his name individually within thirty (30) days of the execution of this Agreement. In the event Husband is denied refinancing, he will make each such mortgage payment as due and indemnify Wife from all claims made --Page 4 of 13-- against the parties for collection of payments. In that event, Husband shall be obligated to file for a refinance every six (6) months thereafter until approved. With regard to the mortgage held by Gerald Jones, Husband shall execute a new mortgage note in favor of Mr. Jones, in the total amount currently due under that mortgage, in his name individually. Said note shall be executed prior to or at the time of execution of this Agreement. Wife shall execute a deed transferring her interest in the property to Husband's name individually. This deed shall be held by Wife's attorney in escrow and released to Husband or Husband's mortgage company to be filed contemporaneously with the latest of the filing of Husband's refinanced mortgage documents. Wife's name shall not be removed from the deed so long as her name is listed as a responsible party on any of the mortgage documents, but shall be promptly removed from the deed upon the refinancing of all mortgages. For so long as Wife's name is listed on the mortgage as a responsible party, Husband and Wife shall be listed on the deed as joint owners with the right of survivorship. From the date of execution of this Agreement forward, for so long as Wife is listed as a responsible party on any mortgage or lien encumbering the real estate, and for so long as her name is listed on the deed, neither party shall be permitted to further encumber the real estate. In the event that Husband is denied refinancing and then fails to make payment on the mortgages when they are due for three consecutive months, Wife shall be permitted to immediately list the entire operation, including the farm, residence, livestock and equipment, for sale. Husband shall cooperate with the sale of the properties and shall sign all documents necessary for Wife to engage a broker/realtor, to list the properties, to sell the properties, and any and all other aspects associated with the sale of the properties. Wife shall be in control of all aspects of the sale of the properties and Husband shall not take any action to delay sale. Upon the sale, the parties shall equally divide all proceeds, less any and all money that Husband has paid toward the cost of sale, maintenance of property pending sale, or mortgage pending sale. Husband shall make payment to Wife the sum of TWENTY-SIX THOUSAND FIVE --Page 5 of 13-- HUNDRED AND 00/100 ($26,500) DOLLARS on the date of execution of this Agreement for her interest in the real estate. In addition, Husband shall sign a letter of responsibility to be forwarded to Wife's attorney, which acknowledges that Husband was and is solely responsible for payment of the mortgage, taxes, insurance and all other payments associated with the real estate from the date of separation to the date of refinance. 9. Turkey Contracts: As part of the farming operation, Husband and Wife are parties to a turkey contract, receiving payments in variable amounts at variable intervals, but requiring both Husband's and Wife's signatures. For the mutual promises and covenants herein, Wife hereby waives any right, title and interest she has or may have in the turkey contract. Wife gives up and releases any payment she may be entitled to receiving from the turkey contract from the date of separation forward. 10. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 11. Pension Interests: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Husband's pension or retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. 12. Investment Accounts: Husband and Wife each maintain that they do not own any investment accounts, not previously identified herein as pension or retirement accounts. --Page 6 of 13-- 13. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on December 17, 2005, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly, other than what is referred to as mortgages in Paragraph 8 above. Husband agrees to maintain responsibility for any debts that are listed in his name individually. Wife agrees to maintain responsibility for any debts that are listed in her name individually. 14. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Medical Insurance: Pursuant to the Order of Court, dated July 17, 2006, docketed to the Court of Common Pleas, Cumberland County, No. 06-2788, Husband is ordered to pay for Wife's health insurance premiums, including any increases thereon, pending finalization of the divorce action. Wife will obtain her own separate health insurance coverage upon entry of the final divorce decree, at her own cost. In addition, pursuant to the Order of Court dated July 17,204 Husband and Wife are directed to share equally all of Wife's unreimbursed medical expenses. At the time of execution of this Agreement, Husband is making payment to Wife in the amount of $550.00 for his share of --Page 7 of 13-- unreimbursed medical expenses incurred by Wife. This payment of unreimbursed medical expenses represents a final payment of expenses by Husband to Wife on this claim. In the event that Wife has an outstanding claim for expenses that is to be collected with the assistance of the Cumberland County Domestic Relations Office, she will immediately withdraw that action. 16. Spousal Support. Alimony Alimony Pendente Lite and Spousal Maintenance: a.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. Wife filed a complaint for Alimony Pendente Lite through Cumberland County Domestic Relations. Within ten (10) days of the entry of a Decree in Divorce, Wife shall sign all documents necessary to withdraw that Complaint retroactive to the date the final Decree is entered. and shall make no further requests for any type of financial maintenance from Husband whatsoever. 17. Mutual Releases: Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge one another, and their respective heirs, estates, executors and assigns, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, of whatever nature and wheresoever situate, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property and income, past, present or future, except those rights, agreements and obligations, arising under this Agreement or for the breach thereof. --Page 8 of 13-- 18. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. At the time of execution of this Agreement, both parties shall execute Affidavits of Consents and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. In addition, Wife shall file a Request to Retake her Former Name within ten (10) days of execution of this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Lezal Fees: In the review and preparation of this Agreement each party shall be responsible for his or her own legal fees. 20. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. --Page 9 of 13-- 22. Summary of ffect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 24. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. 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 --Page 10 of 13-- 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. --Page 11 of 13-- 32. A-areement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: at SCOTT ALAN EIMERBRINK ?-0 D 7 Date TAMARA KAY EIMERBRINK --Page 12 of 13-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this 2 day of ?_E'/'k-- ? '- , 2007, before me, the undersigned officer, personally appeared, SCOTT ALAN EIMERBRINK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan ;coif, Notary Public Carlisle Bo, Oumberland County My Commissiw Expires Apr. 19,2W8 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF COn this a6l"day of , 2007, before me, the undersigned officer, personally appeared TAMARA KAY EIMERBRINK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not Public NOTARIAL SEAL MERLENE J. MARHM, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8 ,2010 --Page 13 of 13-- TAMERA KAY EIMERBRINK, Plaintiff V. SCOTT ALAN EIMERBRINK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2788 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on May 26, 2006, via regular US mail. Proof of service was filed with the Court on June 2, 2006. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: September 20, 2007 and filed with the Prothonotary on September 24, 2007. By Defendant: September 27, 2007 and filed with the Prothonotary on October 1, 2007. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: September 20, 2007 and filed with the Prothonotary on September 24, 2007. By Defendant: September 27, 2007 and filed with the Prothonotary on October 1, 2007. SAIDIS, FLOWER & LEVDSAY ZYMMMMLAW 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Ma ou atas, squire Suprem ourt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Crl CA) In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TAMARA K. WOLFE Docket Number PACSES Case Number ) Other State ID Number 06-2788 CIVIL Plaintiff VS. SCOTT A. EIMERBRINK Defendant AND NOW to wit, this that: Order 625108280 OCTOBER 2, 2008 it is hereby Ordered THE DOMESTIC RELATIONS SECTION DISMISSES THEIR INTEREST IN THE ABOVE CAPTIONED ALIMONY PENDENTE LITE MATTER, PURSUANT TO THE PARTIES DIVORCE DECREE OF OCTOBER 17, 2007. BY THE COURT: DRO: R.J. 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