HomeMy WebLinkAbout02-1887JOHN B. LEWIS,
Plaintiff
SALLY J. LEWIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
:NO.
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor fxom this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
JOHN B. LEWIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v. :NO. ~--I~P~7
SALLY J. LEWIS, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is John B. Lewis, who currently resides at 6311 Chesterfield Lane,
Cumberland County, Mechanicsburg, Pennsylvania 17050.
2. Defendant is Sally J. Lewis, who currently resides at 74 Greenmont Drive, Enola,
Cumberland County, Pennsylvania 17025.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 11, 1976, in Frederick, Maryland
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plainfiffis a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
The parties to this action have been separated since January 14, 2002.
10. Plaimiffrequests the Court to enter a Decree in Divorce.
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
11. Plaintiff and Defendant are the owners of various real and personal property,
motor vehicles, bank accounts and insurance policies acquired during their marriage which are
subject to equitable distribution by this Court.
WHEREFORE, the Plainfiffrequests the Court to enter a Decree:
a. dissolving the marriage between the Plaintiff and Defendant;
b. equitably distributing all property owned by the parties hereto; and
c. for such further relief as the Court may detemfine equitable and just.
JAMES, SMITH, DURKIN & CONNELLY
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
I verify that the statements made in this Pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unswom falsification to authorities.
Jo s, Plaintiff
JOHN B. LEWIS,
PLAINTIFF
Vo
SALLY J. LEWIS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02 - 1887 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Michael A. Scherer, Esquire, accept service of the Divorce Complaint on behalf of my
client, Sally J. Lewis, Defendant, therein.
Date: /7'. 2ti. O 7--.
Michael-A.SSch~rer, Esquire
Attorney for Defendant
17 West South Street
Carlisle, PA 17013
(717) 249-6873
JOHN B. LEWIS,
vs.
SALLY J. LEWIS,
Plaintiff
Defendant
IN THE COURT Of COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1887 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
TO:
NOTICE TO PLEAD
John B. Lewis
cio John J. Connelly, Jr., Esquire
James, Smith, Durkin & Connelly, LLP
PO Box 650
Hershey, Pennsylvania 17033-0650
You are hereby notified that you have twenty (20) days in which to plead to the
enclosed Answer and Counterclaim To Complaint or a Default Judgment may be
entered against you.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date:
Michael A. Scherer, Esquire
I.D. #61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
JOHN B. LEWIS,
VS.
SALLY J. LEWIS,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1887 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ANSWER AND COUNTERCLAIM TO COMPLAINT
AND NOW, comes the Defendant, Sally J. Lewis, by and through her attorney,
Michael A. Scherer, Esquire and represents as follows:
1-7. Admitted.
8. Denied.
9-10. Admitted.
1 1. Admitted.
12.
COUNT II
income alone after a Decree In Divorce is entered.
13. The Defendant will require alimony from the Plaintiff in order to provide for
her basic needs following the divorce, including the cost of health insurance.
14. The Plaintiff has an income which is substantially higher than the
Defendant's and he is able to provide alimony to the Defendant.
COUNTERCLAIM - ALIMONY
The Defendant will be unable to adequately support herself on her
WHEREFORE, the Defendant respectfully requests that this Honorable Court
enter an award of alimony in her favor following the divorce.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
MikelDomesticlDivorcellewis.ans
Verification
I verify that the statements made in the foregoing Answer and Counterclaim to
Complaint are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
Date:
' Sally J. Lewis
CERTIFICATE OF SERVICE
I hereby certify that on May /~' ,2002, I, Tina M. Ascani, did serve a copy of
the Answer and Counterclaim To Complaint, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
John J. Connelly, Jr., Esquire
James, Smith, Durkin & Connelly, LLP
PO Box 650
Hershey, Pennsylvania 17033-0650
Tina M. Ascani
.~. ~rn
Z
JOHN B. LEWIS,
Plaintiff
SALLY J. LEWIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
:
: NO. 02 - 1887 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 17, 2002.
2. The marriage of the Plaintiff and Defendant is in:etrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. ! consent to the entry of a final decree of divorce after service of Notice of' Intention
to request entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUESrF ENTRY OF A DIVORCE
DECREE UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry ora final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unsworn
falsification to authorities.
Date: 3 - 5-~),..~ ~ '~
John B. Lewis, Plaintiff
JOHN B. LEWIS,
Plaintiff
SALLY J. LEWIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. 02 - 1887 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 17, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry ora final Decree of Divorce 'without notice.
2. I understand that I may lose fights concerning alimony, division of property,
lawyer's fees or expenses ifI 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unswom
falsification to authorities.
Date: ,..~] I/03
S lly J. Legs, ISeI:endant
JOHN B. LEWIS,
Plaintiff
Vo
SALLY J. LEWIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02 - 1887 CIVIL TERM
:
: CIVIL ACTION -. LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c)
3301(d) of the Divorce Code.
Service.
3.
()
Date and manner of service of the Complaint: April 29, 2002 by Acceptance of
Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code: by Plaintiff: March 5, 2003; by Defendant:
March 1, 2003.
(b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
4. Related claims pending: All claims of record have been settled pursuant to a Marital
Settlement Agreement dated March 1, 2003.
5. Date and manner of service of Notice of Intention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d)
of the Divorce Code:
or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 3301 (c) of the Divorce Code: by Plaintiff: March 5, 2003; by Defendant: March 1,
2003.
and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce
Decree: Both Waivers are being filed simultaneously with this Praecipe.
Post Office B{
Hershey, PA
JAMES, SMITH, DURKIN & CONNELLY LLP
~iEsquire ~
7033
(717) 533-3280
PA I.D. No. 15615
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
JOHN B. LEWIS
SALLY J. LEWIS
John J. Com~elty, Jr., Esquire
JAMES, SMITH,. DURKIN & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
Telephone: (717) 234-2616
Counsel for Plaintiff
Michael A. Scherer, Esquire '
O'BRIEN, BARIC & SCHERER
17 West South Street
Carhsle, PA 17013
Telephone: (717) 249-6873
Counsel for Defendant
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~ ~ day of g~l~ ,2003 by and
between John B. Lewis, of Cmnberland County, Pennsylvmxia, and Sally J. Lewis, of Cumberland
County, Pennsylvania.
WlTNESSETH:
WHEREAS, John B. Lewis (hereinafter called "Husband") currently resides at 6311
Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050;
WHEREAS, Sally J. Lewis (hereinafter called "Wife") currently resides at 74 Greemnont
Drive, Enola, Cumberland County Pennsylvania 17025;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on June
11, 1986;
WHEREAS, the parties have lived separate and apart since on or about January 14, 2002;
WHEREAS, there were two children of the marriage between the parties, namely, Robert
W. Lewis, bom April 15, 1976, and Jonathan C. Lewis, born February 9, 1987;
WHEREAS, the parties hereto are desirous of settling .fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownersk[p of real and personal property, the
support and maintenance of one another and, in general, the settling o£any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these prenaises, and 'of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and'suffiCiency of whiCh is hereby acknowledged by each of the parties hereto, Husband and
Wife, each intending to be legally bom~d hereby, cOvenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority, direct or
indirect by the other. Each may reside at such place or places .as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere
with the use, ownership, enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. ADVICE OF COUNSE!,, Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Husband has
secured legal advice from Jotm J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal
advice from Michael A. Scherer, Esquire, her counsel. Each party fully understands the facts and
his or her legal rights and obligations, and each party acknowledges and accepts that this
Agreement is, in the circumstances, fair mhd equitable, and that it is being entered into freely and
voluntarily, and that the execution of this Agreement is not the result of any duress or undue
influence, and. that 'it is not the result of any improper or illegal agreement or agreements. In
addition, each party understands .the impact of the Pennsylvania Divorce Code, whereby the court
has the right and duty to determine all marital rights of the parties including divorce, alimony,
alimonypendente lite, equitable distribution of all marital property or property owned or possessed
individually by the other, counsel fees and costs of litigation, and, fully kuowing the same, each
party hereto still desires to execute this Agreement acknowled~,dng that the terms and conditions set
forth herein are fair, just and equitable to each of the parties, and waives his and her respective right
to have the Court of Common Pleas of Cmnberland County, or any other court of competent
jurisdiction, make any determination or order affecting the respective parties' rights to alimony,
alimony penrlente lite, support and maintenance, equitable distribution, counsel fees and Costs of
litigation.
3. DISCLOSURE OF ASSETS. Each of the pretties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for production of documents, the taki:a.g or oral depositions, the filing of
inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvmga Rules of Civil Procedure. Each of the parties fitrther acknowledges that he or she has
had the opporturfity to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been full
and fair disclosure to the other of his or her respective income, assets and habihfies, whether such
are held jointly, in the name of one party alone or h~ the name of one of the parties and another
individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal
or emtmeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies} retirement plan statements
or any other documentation. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory
to them. Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or assigrts in any action of contention,
direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that
there was any fraud, duress, undue influence or that there was a failure to have available f~dl, proper
and independent representation by legal counsel.
4. MUTUAL CONSENT DIVORCI*,, It is the intention of the parties, and the
parties agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Husband has filed a Complaint for Divorce in the Court of
Common Pleas. Cumberland County, Pennsylvania, indexed to No. 02-1887 Civil Term. The
parties agree that they will each execute an Affidavit of Consent and Waiver o£Nofice of Intent/on
to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce
action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall
supply counsel for Wife with a copy of the Decree.
5. EQUITABLE DISTRrBUTION.
A. Real Estate. The.parties are the owners as tenants by the entireties of real
estate located at 74 Greenmont Drive, Enota, Pennsylvania, the property in which Wife is
currently residing. Husband agrees that, at the time of the execution of this Agreement, he will
execute a deed transferring all right, title and interest to the aforementioned residence to Wife
individually. Wife shall, w/thin sixty (60) days of the date of'the Agreement, cause Husband's
name to be removed from the mortgage with PI-IH Mortgage Co. with a principal balance of
approxin~ately $50,700.00. Pending removal of Husband's name, Wife shall indemnify and hold
Husband harmless on all financial obligations relating to the said real estate. In the event Wife
fails to remoxte Husband's'name from. the mortgage w/thin sixty (60) days from the date of this
Agreement either by refinancing, mortgage modification or other means, the property shall be
listed for sale at a price agreed upon by the parties or determined by the court and, upon
completion of the sale, Wife shall retain all net proceeds from the sale. The said deed referenced
above shall be held in escrow by counsel for Husband to be supplied to counsel for Wife at the
time of the refinancing or sale of the real estate more particularly set forth above.
B. Furnishings and Personalty. The parties agree that they have divided by
agreement between themselves all furnishings and personalty located in the Marital Residence,
including all furniture, furnishings, antiques, jewelry, rugs, cmpets, household apphances and
equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or interest
of Wife and Wife shall retain all items of furnishings and personal property currently in her
possession as her sole and separate property free and cleat- of a:ay right, title, claim and/or interest
of Husband.
C. Motor Vehicles.
Cherokee.
(1) Husband shall retain as his sole and separate property the 2001 Jeep Grand
Husband shall be solely responsible for any balance due on this vehicle to Chrysler
Financial Corporation in the approximate mount of $24,300.00. Husband shall indemnify and
hold Wife harmless on the said debt.
(2) Wife shall retain as her sole and separate property the 1998 Subaru Legacy
Station Wagon.
(3) The parties agree that they will cooperate and execute any doctrrnents
necessary to effectuate the transfer of titles and insurance regarding the above-referenced
vehicles.
D. Payment to Wife. Husband agrees that he will pay to Wife, in the form of
equitable distribution, the sum of $10,000.00 payable as follows:
(1) $5,000.00 upon execution of this Agreement.
(2) $5,000.00 within sixty (60) days hereof.
E. Pension and Retirement Benefit.q, Husband holds a 4010c) Plan through
Waypoint Bank with a date of separation balance of approximately $21,986.00. Husband shall
retain, as his sole and separate property, the 401(k) Plmu afbrementioned, b~t will, witl~in sixty
(60) days of the date of this Agreement, transfer to Wife the mount of $15,000.00 from the said
4010c) Plan. Husband shall be responsible for the preparation of the Qualified Domestic
Relatio~s Order necessary to rollover the $15,000.00 aforementioned. Wife will fully cooperate
with Husband in establishing an account to which the roilover will occur.
F. Bank Accounts. The parties were the joint owners ora checking and savings
account at Members 1st. Each of the parties have withdrawn mort/es from the accounts and the
accounts, at the current time, have a minimal balance in order to continue the parties' personal
service loan. Husband shall assume responsibility for the s,dd loan and shall retain ownership of
the accounts which, after completion of the loan payments, shall be closed.
G. Business Interests. Husband is a minority shareholder in a corporation
known as Lewis Consulting Eng/neers, Inc. Husband, as pa~ of his equitable distribution, shall
retain, as his sole and separate property, all interest he has fu. the said corporation.
H. 2001 IRS Refund. The parties received a refund from the Internal Revenue
Service for their 2001 tax remm in the amount of $2,52t.05 which was deposited and retained by
Husband. This refund shall become Husband's sole and sepm'ate property.
I. Burial Lot. The parties are the owners of a burial lot at Tri-Cmmty Memorial
Gardens, Lot 321-A, Space No. SERMON Section. Wife shall execute any documents necessary
to transfer title to the burial lot to Husband's name individually.
J. Miscellaneous Property. As of the execw!ion date of this Agreement, any and
all property not specifically addressed herein shall be owned by the party to whom the property is
titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of m~y and alt rights in such property from each to the other.
K..Propert~ to Wife. The parties agree that Wife shall own, possess, and enjoy,
free from any claim of husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and
relinquishes any and all rights thereto, together with any insur;ance policies covering that
property, and any escrow accounts relating to that property. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all ~ights in such property from Husband
to Wife.
L. Property to Husband. The part/es agree that Husband shall own, possess,
and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
wa/yes and relinquishes any and all rights thereto, together with any insurance pohcies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
M. Marital Debt. The parties acknowledge that, with the exception of the first
mortgage to PHH Mortgage Company, the personal service loan to Members 1'~t and the car loan
to Chrysler Financial Corporation, there are no other outstanding joint obligations. Husband
shall also assun~e the responsibility for any debt to Chrysler F:mancial Corporation generated by
the parties' son, Robert W. Lewis, and shall indemnify and hold Wife harmless on the said debt.
In the event there are any other debts in the name of either party, that party shall be solely
responsible for those debts and shall hold the other harmless o:n the obligations.
N. Liability not Listed. Each party represents and warrants to the other that he
or she has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A liabili .ty not disclosed in this
Agreement will be the sole responsibility of the party who has :incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the other
party and his or her property harmless from any and all debts, obligations and liabilities.
O. Indemnification of Wife. I/any claim, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assUmed by Husband Under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or
proceeding, whether or not well-founded, and indemnify her and her property against any
damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
P. Indemnification of Husband. If any clai:m, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this
Agreement, Wife will, at her sole expense, defend Husband aga~st any such claim, action or
proceeding, whether or not well-founded, and indemnify him and his property against any
danaages or loss resulting therefrom, including, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
Q. Warrantw as to Future Obligations. Husband and Wife each represents and
warrants to the other that he or she will not at any time in the future incur or contract any debt,
charge or liability for which the other, the other's legal representatives, property or estate may be
responsible. From the date of execution of this Agreement, each party shall use only those credit
cra-ds and accounts for which that party is individually liable and the part/es agree to cooperate in
closing may remaining accounts which provide for joint liability. Each party hereby agrees to
indemnify, save and hold the other and his or her property harmless from any liability, loss, cost
or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof.
6. SUPPORT.
A. ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT.
Except 'as provided below, Husband and Wife hereby expressly waive, discharge and release any
and all fights and claims which he or she may have now or hereafter by reason of the parties'
marriage to alimony, alimonypendente lite, spousal support and/or maintenance or other like
benefits resulting from the parties' status as husband and wifi,~. Except as prov/ded herein, the
parties further release and waive any rights they may have to seek modification of the terms of
this paragraph in a court of law or equity, it being understood, that the foregoing constitutes a
final detenuination for all time of either party's obligation to contribute to the support and
maintenance of the other.
Beginning April 1, 2003, Husband shall pay to Wife, i.n the form of alimony, the sum of
$1,070.00 per month for an indefinite period of time. The said alimony payments shall be
subject to modification or termination by the Court of Common Pleas, Cumberland County,
pennsylvania.
All such payments by Husband to Wife shall be deeme/[ alimony, as defined in Section 71
(b) (1) (A) of the Internal Revenue Code as amended, and as said Sectim~ is amplified bythe
provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations rel. ated thereto. Payments from Husband, when received by Wife, shall be deductible in
the year of payment by Husband pursuant to Section 215 of the 2internal Revenue Code, as
amended, or any similar future laws or regulations thereto, and shall be includable in the year of
receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code,
as amended or any similar future laws or regulations thereto. The said alimony payments shall
terminate upon the death of either party, Wife's remarriage Or cohabitation.
B. CltlLD SUPPORT. There is currently an Order for child and
spousal support entered in the Court of Common Pleas, Cumberland County, Pennsylvania,
indexed to No. 00191 S 2002, PACSES Case No. 153104315. The parties agree that, beginning
April 1, 2003, the Child Support Order shall be modified in the amount orS1,000.00 per month
for child support and the current Spousal Support Order shall be terminated and replaced with an
Alimony Order in the amount of $1,070.00 pursuant to Paragraph 6A of this Agreement. The
terms and conditions as set forth in this Agreement will provide authorization for Domestic
Relations to amend the Order effective the date of this Agree~nent. The said child support
payments may be modified based on a change in circumstances..
7. ..2002 JOINT TAX RETURN. The p~rties agree that they shall file a joint
income tax return for the tax year 2002 and will divide the reft.md equally, but, in any event, Wife
shall receive from the said refund the amount she would have :received in a refund had she filed
separately. Husband shall be responsible for collecting the i~fformation and preparing alternative
tax returns establisl~ing the amount Wife is due. Upon receipt of the refund, the parties agree to
execute any documents necessary for Husband to deposit the refund into his account after which
he will promptly pay to Wife the amount due her under the terms of this paragrapb.
8. WAIVER OF INI-Ile. RITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this A~:eement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any ri~o/ht to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reasort of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all fights provided under the laws of
Pennsylvania, or any other jurisdiction.
9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to.the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise desi~maated, the beneficiary shall be deemed to be the estate of the deceased party.
10. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and. agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each o£the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or she may have
in property transferred to the other party pursuant to this Agreement or identified in this
Agreement as belonging to the other party, and each party agrees never to assert any claim to said
property or proceeds in the future. However, neither party is released or discharged from any
obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right
of the other, all items of personal property, tangible or intangible, acquired by him or her from
the execmion date of this Agreement with full power in him or her to dispose of the same fully
and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all fights
and obligations which either party may have or at any time hereafter has for past, present or
furore support or maintenance, alimonypendente lite, alimony; equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, econoraic or otherwise, whether arising
out of the marital relationskip or otherwise, including ali rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other
law of any other jurisdiction, except and only except all rights and obligations 'arising under this
Agreement or for the breach of any of its provisions. Neither party shall have any obligation to
the other not expressly set forth herein.
12
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assignsl property and estate from any and all rights, claims, demands or
obligations arising out of or bY virtue of the marital relations~fip of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's fights, family exemption or similar allowance, 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.
(d) Except for the obligations of the parties contained in tiffs
Agreement and such fights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge fi.om all causes
of action, cia/ms, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the .other.
11. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years fi.om the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
12. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
13. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be VOid, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
14. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. Tl~:e non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party.
15. WAI~rER OF BREACI:I. The waiver by one party of any breach of this
Agreement by the other party.will not be deemed a waiver of any other breach or any provision of
this Agreement.
16. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be affected by registered .or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
John B. Lewis
6311 Chesterfield Lane
Mechanicsbm-g, pA 17050
and to Wife, if made or addressed to the following:
Sally J. Lewis
74 Greenmont Drive
Enola, PA 17025
Notice shall be .deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to lhrn or her by giving notice of that change in accordance with the
provision~ of this paragraph.
17. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
18. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, orifnot on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
19. EFFECTIVE DATE, This Agreement shall become effective and
binding upon both parties on the execution date.
20. EFFECT OF RECONCII,I~TION? COI-IABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband mad wife or attempt to effect a
reconciliatiofi. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of may of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
21. ~ADINGS NOT PART OF AGIEEE1VEENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof.are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
22. AGREEMENT BINDING ON PARTIES AND HF, IR~, This
Agreement shall bind the parties heret° and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
24. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale,, assignments, consents to change of beneficiary
designations, tax returns, and other documents, 'and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
25. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes o£ enforcement only, but otherwise shall not be
merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code o£ 1980, as amended, and in addition, shall retain any remedies in 1aw or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WI:~_,REOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
~ohn B. Lewis
Sally J. Lewis( /
17
COMMONWEALTH OF PENNSYLVANIA )
· )
couNT~ OF ~ )
BEFOP,.E 1Vi~, the undersigned authority, on this day personally appeared
John B. Lewis, lmown to me to be the person who executed! the foregoing instrument, and who
acknowledged to me that he executed same for the purpose.,; and ~onsiderations thereto
expressed. "
GIVEN I_rN'DER MY HAND A_ND SEAL OF OFi~,CE this ~~y of
_.~4 ~~¢.~.~ ,2003.
d~an L Kosier Notary Public
, ,y o, H~,mn~e,~s~ow ~,C,ounty of Dauphin
~ ;~Y (;on'~mi~:s~o~ ~:4;)k'~s Feb. g, 2004
'3,8
COIVfMO~~ OF PENNS~V~ )
)
COUNTY OF ('~(k~ffl~ / )
BEFORE ME, the Undersigned authority, on this day personally appeared Sally .l. Lewis,
known to me to be the person who executed the foregoing h~strument, m~d who acknowledged to
me that she executed same for the purposes and considerations therein expressed.
GIVEN UNDER M~ HA_NrD AND SEAL OF OFFICE this t ~. day of
IN THE COURT OF COMMON
JOHN B. LEWIS,
Plaintiff
VERSUS
SALLY J. LEWIS,
Defendant
OF CUMBERLAND COUNTY
STATE OF PENNA.
NO.
PLEAS
02 - 1887 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
John B. Lewis
, PLAINTIFF,
AND Sally J. Lewis
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; None
The attached Marital Settlement Aqreement dated March 1, 2003 is hereby
incorporated, but not merged, into this Decree in Divorce.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN B. LEWIS,
Plaintiff
Vo
SALLY J. LEWIS,
Defendant
No. 02-1887
IN DIVORCE
Stipulation for the Enttw of Qualified Domestic Relations Order
The parties, John B. Lewis, Plaintiff, and Sally J. Lewis, Defendant, do hereby
stipulate as follows:
1. John B. Lewis, date of birth August 3, 1963 (Social Security Number 168-48-
2764), hereinafter referred to as "Participant" is a participant in the Lewis Consulting Engineers
401 (K) Plan described below (hereinafter referred to as the "Plan").
2. The current and last known mailing address of Participant is 6311 Chesterfield
Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Sally J. Lewis, Defendant, date of birth September 4, 1960 (Social Security
Number 204-54-5818), hereinafter referred to as "Alternate Payee," is the spouse of the
Participant and has raised claims for, inter alia, equitable distribution of marital property
pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et seq.
4. The current and last known mailing address of Alternate Payee is 74 Greenmont
Drive, Enola, Cumberland Count5.', Pennsylvania 17025.
5. This order applies to the following plan: Lewis Consulting Engineers 401 (K)
Plan.
,r/,,, FNA'"t.kcj N N Ztd
6. A portion of the Participant's account in the Plan is marital property subject to
distribution by this Court.
7. Pursuant to a Marital Settlement Agreement executed by the parties on March 1,
2003, Alternate Payee shall receive the lump sum of Fifteen Thousand ($15,000.00) Dollars from
the Participant's account. The form of benefit shall be a lump sum payment. This sum shall be
allocated to Wife as of March 1, 2003, and shall include all interest and earnings or,
alternatively, losses on that amount through the date of distribution.
8. The distribution to Altemate Payee from the Plan shall be made as soon as
administratively practicable following the Plan's determination that this order is a Qualified
Domestic Relations Order.
9. Participant's death shall have no effect on payment of Alternate Payee's benefit
under the Plan. The Altemate Payee is at all times to be deemed the surviving spouse for
purposes of the Pre-retirement Survivor Annuity until this Order effectively assigns the funds to
Alternate Payee as identified in paragraph 7 above.
10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid,
the benefit shall be paid in accordance with applicable Plan pro~qsions regarding p~:~,ments to
beneficiaries, including payments when no beneficiary is designated. The Altemate Payee shall
be entitled to name a beneficiary (or beneficiaries) to receive the.. unpaid balance of the benefits.
The death of Altemate Payee before the Plan determines that thi:s order is a Qualified Domestic
Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the
Plan.
11. The parties shall promptly notify the Plan of any change in their addresses from
those set forth in this Order.
12. Participant and Alternate Payee shall each be responsible for his or her own
federal, state, and local income and other taxes attributable to any and all payments from the Plan
which are received by Participant and Alternate Payee respectively. The Plan shall provide to
Participant and Alternate Payee in accordance with its customary procedm'es such information as
is normally provided to participants in the Plan with respect to the taxability of distributions from
the Plan.
13.
administrator:
Nothing contained in this Order shall be construed to require any plan or plan
(a) to provide to the Alternate Payee any type of form of benefit or any option not
otherwise available to the Participant under the Plan, or
(b) to pay any benefits to the Alternate Payee which are required to be paid to
another alternate payee under another order determined by the Plan
Administrator to be a Qualified Domestic Relations Order before this Order is
determined by the Plan Administrator to be a Qualified Domestic Relations
Order.
14. It is the intent of the parties and the court that the provisions of this Order operate
as an effective assignment of the Participant's interest in the Platt under both federal and state
laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance
with Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee
Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act
of 1984.
15.
The parties intend and agree that the terms of this Stipulation shall be approved,
adopted and entered as an Order of Court.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
.jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a
Qualified Domestic Relations Order; provided, however, that no such amendment shall require
the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and
further provided that no such amendment or right of the Court to so amend will invalidate this
Order.
17. A certified copy of this Order shall be served upon the Plan. Said Order shall take
effect immediately upon approval of the Order by the Plan and shall remain in effect until further
Order of Court.
CONSENTED TO:
JOHN B. LEWIS
BY THE COURT:
SALLY J, ~_,E:~IS
ATTORNEY FOR PARTICIPANT
ATTORNEY FOR ALTERNATE PAYEE
t./"Micha~l/k. Scherer, Esquire
SALLY J. LEWIS,
Plaintiff/Respondent
JOHN B. LEWIS,
Defendant/Petitioner
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1887 CIVIL TERM
CIVIL ACTION - LAW
IN D1VORCE
PETITION TO TERMINATE ALIMONY
COMES NOW, Petitioner, John B. Lewis, by and through his attomeys, James, Smith,
Dietterick & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following Petition to
Terminate Alimony and in support thereof, respectfully represents as follows:
1. The Petitioner is John B. Lewis, who currently resides at 108 Sgrignoli Lane, Enola,
Cumberland County, Pennsylvania 17025.
2. The Respondent is Sally J. Lewis, who currently resides at 74 Greenmont Drive,
Enola, Cumberland County, Pennsylvania 17025.
3. The parties were divorced on March 21, 2003 and, the Divorce Decree
incorporated the terms and conditions of the parties' Marital Settlement Agreement which
provided for the payment of alimony. A copy of the said Divorce Decree and Marital Settlement
Agreement are attached hereto and marked Exhibit "A".
4. Paragraph 6 of the aforementioned Marital Settlement Agreement provides for the
payment of alimony. The terms and conditions of the Agreement provides for the alimony to
terminate upon the death of either party, Wife's remarriage or cohabitation.
5. The Petitioner believes and therefore avers that the Respondent, for the past
several months, has been cohabiting with one Darryl Cammack. Through the use of a private
investigator, the Petitioner has confirmed that Mr. Cammack has cohabited with Respondent at
her residence, thereby establishing a pattem of behavior on the part of the Respondent which
entitles the Petitioner to terminate the alimony payments.
WHEREFORE, the Petitioner, John B. Lewis, respectfully requests that Your Honorable
Court to enter an Order terminating the alimony payments payable to the Respondent.
Respectfully submitted,
JAMES, SMITH, DIETTERRICK & CONNELLY LLP
Post Office Box 6:50
Hershey, PA 170213
(717) 533-3280
PA I.D. No. 15615
VERIFICATION
I verify that the statements made in this Pleading are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom
falsification to authorities.
Date:
John B. Lewis
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF,~'~, PENNA.
JOHN B. LEWIS,
Plaintiff
VERSUS
SALLY J. LEWIS,
Defendant
NO. 02 1887 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
March 21 2003
John B. Lewis
Sally J. Lewis
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, IT IS ORDERED AND
, PLAI NTI
, 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; None
The attached Marital Settlement Agreement dated March 1, 2003 is hereby
incorporated, but not merged, into this Decree in Divorce.
"~.~'~' '~.' ,, ' ' ' // PROTHONOTARY
~rt .e' _d .C. o_ p. y_ !ssued: March 21,2003
~~¢4¥r,,~ + + + + + + + + .. + ++ + + ++
MARITAL SETTLEMENT AGREEMENT
BY AND BETV~EEN
JOHN B. LEWIS
SALLY J. LEVrlS
John 3. Cormelly, Jr., Esquire
JAMES, SMITt-I, DLrR_KL-N & CO_NrN'ELLY LLP
P.O. Box 650
Hershey, PA 17033
Telephone: (717) 234-2616
Coansel for Plaintiff
Michael A. SchereL Esquire
O'BRtEN, BARIC & SCHERER
17 West South Street
CarJ.isle, PA 17013
Telephone: (717) 249-6873
Cmmsel for Defe~rtant
MARITAL SETTLENI]ENT AGREE1ViENwF
TI-IlS AGR]~VI]EiWT, made this ~- ~ day of ~Z~~'~?-z~ ., 2003 by a~d
ben. eon ~ohn B. L¢~s, of Cmnberl~d Co~B,, P~sylv~[~ ~d S~ly f. L¢~s, of C~b~l~d
Co.V, P~neylv~a.
~SSE~:
~AS, ~o~ B. Lewis ~m~er c~¢d "Husb~d") c~¢ntly resides at 6311
Chef.eld ~¢, M¢ch~csb~g, C~b~l~d Co~D,, Y~msylv~a 17050;
~E~, S~y 2. L¢~s (h~¢~¢ c~¢d "Wife") c~¢nfly resides
Drive, ~o~ C~b~l~d Co~V P~n~ylv~a 17025;
11, 1986;
~E~AS, ~¢ p~ies have 1ired s~at¢ ~d apmt s~¢¢ on or abou~ J~u~ ]4, 2002;
W. Lewis, bom April 15, 1D76, ~d Iona~ C. L¢~s, bom Feb~ 9, lpg?;
possible cl~ by one a?~n¢~ ~¢ o~= or ag~st ~¢k r¢~¢cfiv¢ estates.
NOW T~FO~, m co.ideation of ~¢s¢ pre~ses; ~d of
¢ov~s ~d ~d~gs h~¢~¢r s¢~ fo~, ~d for o~ good ~d
r¢c¢ip~ ~d ~¢i~cy of w~ck is h~¢by aclmowledged by each of~¢ p~¢s h~¢ro, Husb~d ~d
Wife, ¢~h ~t~g to be leg~ly bo~d h~¢by, coven~t ~d a~¢¢ ~ follows:
1. PE~ON~ ~G~TS. Hushed ~d W~f¢ may, m
s~ara~¢ ~d ap~. Each shall be ~¢¢ ~om ~ con~oI, res~mt, mmfferenc¢ ~d au~ofi~,, ~¢c~ or
mdir¢c~ by ~¢ o~. Each ~y reside at such place or places ~ he or she may select. Each may,
for ~s OT her s~at¢ use or b~¢fi~, conduc% ¢~ on or ~gag¢ ~ ~y business, occupation,
profession or emplo)cnent which to him or her may seem .advisable. Husband and Wife sha~ not
molest, harass, disturb ur mah~n each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatso~er with him or her. Neither party, will interfere
with the use, ownersh/p, enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. AD,rICE OF COUNSEL. Each party an]cnowledges that he or she has had the
opporturdty to receive independent legal advice from counsel ofkis or her selection. Husband has
secured legal advice from John J. Connelly, Jr., Esquire, l:~s counsel, and Wife h~¢ secured legal
advice from Michael A. Soberer, Esquire, her counsel. Each party fully understands the facts and
his or her legal r/ghts and obligations, and each party aclmowledges and accepts that this
Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, and that the execution of this Agreement is :not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements. In
addition, each party understands the/mpact of the Pennsylvarfia Divorce Code, whereby the court
has the rJ~t and duty to determine ali marital r/ghrs of the parties including divorce, alimony,
alimonypendente lite, equitable distribution of ali m~ritaI p:roperry or property owned or possessed
individually by the other, counsel fees and costs of' litigation and, fully Imowmg rite same, each
party hereto still desires to execute this Agreernent aclmowled~ing that the re, ms and conditions set
forth herehi are fair, just and equitable to each of the parties, and waives his and her respective right
to have the Court of Common Pleas of Ctmaberland Cormt-y, or any other court of competent
jurisdiction, make any determination or order affecting the respective parties' rights to alimony,
alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of
litigation.
3. DISCLOSURE OF ASSETS. Each of the parties hereto aclmowledges that he or
she is aware of his or her right to seek discovery in.chiding, but not limited to, writt~
interrogatories, motions for production of documents, the taking or oral depositions, the filing of
inventories and all other means of discovery perrmtted under' the Permsylvania Divorce Code or the
Pennsylvania Rules o£ Civil Proced~tre. Each of the parties f~.~rther aclmowledges that he or she has
2
had the opponurdt3~ to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personal propertd~, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The part/es do hereby aclmowledge that there has been full
and fair disclosure to the other of his or her respective incmne, assets and Iiabil/ties, whether such
are held jointly, in the name of one party alone or in the name of one of the pm'ties and another
individual or individuals. Each party agrees that any rip, hi to further disclosure, valuation, appraisal
or enmmerafion or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically', each
party wa/yes the need for copies of bank statements, insuran~ce policies~ retirement plan statements
or an5,' other documentation. Each pm-zy warrants that he er she is not aware of any marital asset
wh/ch is not identified in this Agreement. The parties hereby aclmowiedge and agree that the
division of assets as set forth m this Agreement is fab', reasonable and equitable, and is satisfactory
to them. Each of the parties hereto further covenants and ~rees for himself and herself and his or
her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, admiuislrators or assigns in any action of contention,
direct or indirect, and allege therein that there was a de'nial of any rip, fats m full disclosure, or that
there was any fraud, duress, undue influence or that there was a failure to have available full, proper
and independent representation by legal conmel.
4. 1VIIJTIJAL CONSENT DrVORCE. It is the intention of the parties, and the
parties agree, that by this Agreement they have resolved all ancillary econom/c issues related to the
dissolution of their m~wiage and thus any divorce action with respect to these parties shall be
limited to a claire for divorce only. Husband has riled a Complaint for Divorce in the Court of
Cormnon Pleas. Cumberland County, P~,usy. lvama, indexed to No. 02-1887 Civil Term. The
parties agree that they will each execute an Afddav/~ of Consent and Waiver of Notice of intention
to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce
action in a timely fashion. Upon completion of the divm:ce action, counsel for Husband shal/
supply counsel for Wife with a copy of the Decree.
5. EOrO-ITABLE DISTRIBUTION.
A. Real Estate. The.parties are the owners as tenants by the entireties of real
estate located at 74 Greenmont Drive, Enola, Peansyivania, the property in whicla Wife is
currently residing. Husband agrees that, at the time of the execution o£tlus Agreement, he will
execute a deed Ir~ferring ali right, title and interest to the aforementioned residence to Wife
indiv/dually. Wife shall, w~h~n sixt-y (60) days of the date of the A~eemem, cause Husband's
name to be removed from the mortgage with PHI-I Mortgage Co. with a principal balance of
approximately $50,700.00. Pending removal o£Husband's name, Wife shall indemnify and hold
Husband harmless on ali financial obligations relating to the said real estate. In the event Wife
falls to remove Husband's name frona the mortgage within SixTy (60) days from the date of this
Agreement either by refinancing, mortgage modification or other means, the property shall be
listed for sale at a price agreed upon by the parties or determined by the court and, upon
completion of the sale, Wife shall retain all net proceeds from the sale. The said deed referenced
above shall be held in escrow by counsel for Husband to be supplied to counsel for Wife a~ the
time of the re£mancing or sale of'the real estate more particularly set forth above.
B. Furnishings and ?ersoualU,. The parties agree that they t~ave divided by
agreemen~c between themselves ail furnishings and personal~ located in the Mar/tal Residence,
inchidmg ali furniture, furnishings, autlques, ~eweh3~, rugs, carpets, household appliances and
equipment. Accorrti~gty, Husband shall retain sole and exchisive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or inreres~
of Wife and Wife shall retain all items of 5u-nishhigs and personal property currently in her
possession as her sole mud separate property free and clear o£ any right, title, alaim and/or interest
o£ Husband.
C..Motor Vehicles.
(1) Husband shall reta~ as his sole and separate property the 2001 Jeep Grand
Cherokee. Husband shall be solely responsible for any bal~'mce due on th/s vehicle to Chrysler
Financial Corporation in the approximate amount of $24,300.00. Husband shall indemnify and
hold Wife harmless on the said debt.
(2) W'ife shall retain as her sole and scpsrat¢ property the 1998 Subaru Legacy
Station Wagon.
(3) The parties a~ee that they will cooperate and execute any documents
necessary to effectuate the t~n~fcr of titles and insurance regarding the above-referenced
vehicles.
D. Payment to Wife. Husband a~ees that he will pay to Wife, in the form of
equitable distribution, the sum of $10,000.00 payable as follows:
(1) $5,000.00 upon execution of this k~eement.
(2) $5,000.00 within sixw (60) days hereof.
E. Pension and Retirement Benefits. Husband holds a 401(k) Plan through
Waypoint Bank with a date of separation balance of approximately $21,986.00. Husband shall
remin, as his sole and separate proper~y, the 401(k) Plan aforementioned, but will, witlfin sixty
(60) days of the date of this A~eement, transfer to Wife ~.e amount of $ l J,000.00 from the said
401(k) Plan. Husband shall be responsible fo; the pr~aration of the Qualified Domestic
Relations Order necessaw ~o rollover thc $15,000.00 aforementioned. Wife will fully cooperate
with Husband in estabhshing an accounl to which the rollover will occur.
P. Bank Accounts. The panics were the joint owners ora checkmg and savings
account at Members 1st. Each of the parties have withdravco monies from the accounts and the
accounls, at the current time, have a minimal balance in order ~o continue the parties' personal
service loan. Husband shall assume responsibility for the ,~aid loan and shall retain ownership of
the accounts which, after completion of the loan payments, shall be closed.
G. Business Interests. Husband is a minority shareholder hi a corporation
lmown as Lewis Consulting En=oine~rs, Inc. Husband, as part of his equitable distribution, shall
ret,~, as his sole and separate property, ali interest he has in the said corporation.
II. 2001 IRS Refund. The parties received a refund from the Internai Revenue
Service for their 2001 tax return i~ the amount of $2,521.05 which was deposited and retained by
Husband. This refund shall become Husband:s sole and separate property.
I. Burial Lot The parties are the owners of a burial lot at Tri-County Memorial
Gardens; Lot 321-.~, Space No. SERMON Section. Wife shall execute any doceunents necessarl,
to transfer title to the burial lot to l--Iusband~s name individually.
J. Miscellaneous Property,. As of the execution date of this A~eement, any and
all property not specificalll, addressed herein shall be owned by the part3, to whom the propercl, is
titled; and if untitled, the partl, m possession. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of any and all ri_~_hts in such property from each to the
tC ?ropert~, to X~ife. The parties agree that Wife shaI] own, possess, and enjol',
free from any claim of hnsband, the property awarded Yo h¢~ b3, the re, ms of this ~.greement.
Husband herebl, quitclaims, assigns and conveys to Wife all such prop~Cy, and waives and
relinquishes any mad alt rights thereto, together with any insurance policies covering that
propeeTy, and any escro~, accounts relating to that property This A~eement shall constitute
s,~fflcicnt bill o£ sale to evidence the transfer of an), and all ri_~_hts in such propcrcS' from Husband
to Wife.
L. PJ-opert~, to Plusband. The panics agree that Husband shall own, possess,
and enj o~, free from any claim of Wife, the property award,ed to him by the terms of this
Agreement. Wife hereby quitclain%s, assi,cns and conveys to Husband all such property, and
waives and relinquishes any and all flights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shad] constitute
a sufficient bill of sai¢ to evidence the transfer of any and all ri~=__hts in such property fi'om Wife to
Husband.
M. Marital Debt. The parties acknowledg,,~ that, with the exccpfian of the first
mortgage to PHPI Mortgage Company, the personal sm'vice loa~ to Members 1st and the car loan
to Chrysler Financial Corporation, there are no other outstanding joinl obligations. Husband
shall also asstm~c thc responsibilit>, for any debt to Cb. rS.,slcr Financial Corporation generated
thc parties' son, Robert W. Lewis, and shall indem~ify and liold Wife harmless on thc said debt.
In thc event there arc any other debts in fac nme of either part'5,, tha~ party shall be solely
responsible for those dobts and shad] hold the other han-adess on the obligations.
N. Liabilin, not Listed. Each pa~Ty represents and warrants ~o the other that he
or she has not inceurred any debt, obligation or other liabilil5~, other than those described in this
Agreement, on wkich the other parO~, is or may be liable. A Iia'oilirs., not disclosed in this
A~ecment will be the sole responsibility of the party who has incurred or may hereafter incur it,
mud such party agrees to pay it as the same shall become dne, and To indemnify and hold *_he other
parly and his or her property harmless from an), and alt deb,ts, obligations and liabilities.
O. Indenmifieaticrn of ~ife. If any claim, action or proceeding is hereafter
initiated se¢ldng to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife ag~in~l any such claim, action or
proceeding, whether or not well-foanded, and mder,,~if-y her and her propcrts' ag. amst any
d~mages or loss resulting thereft-om, including, but not tinfited to, costs of court and actual
a~tomey's fees incurred by Wife in connection therewith.
P. Indemnification of Husband. If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obi[igations assumed by V¥if¢ under this
A__o-recr~cnt, Wife will, at he:' sole expense, defend Husband against any such claim, action or
proceeding, whether or no1 well~founded, and indcm=~fy him and his property against any
damages or loss resulting therefrom, including, but not limJited ~o costs of tour; and actual
artomes~'s fees incurred by Husband in cormecfion therewith.
Q. V~arrant~, as ~o Future ObIi.~'afions. Husband and Wife each represents and
warrants to ihs other tha~ he or she will not at any ~n~e in the furore incur or con~a'act any deb~,
charge or liability- for which the oth¢¢', the other's legal representatives, property or es*.a~e ma}, bc
responsible. From the date of execution oi'this Agreement, each party shall use only those credit
ce-ds m~d accounts for wlfich that par~), is indi¥iduall), liable and the parties agree To cooperate i~
closing any remaimng acco~mts which provide for jom~ IiaSiiit~. Each parr?' hereby agrees to
indcmmfy, save and hold the other and his or her propert), harmless from any Iiabilit¥, loss, cost
or expense whatsoever, including actual attorneys fees, inc~Lrred in the event of breach hereof.
6. SUPPORT.
A. ALIMONY, ALI~IOI¥¥ t'£NDENT. E LIT. E, SPOUSAL SIJPPORT.
Except as provided below, Husband and Wife hereby expressly waive, discharge and release my
and all rig2ats and claims wh/ch he or she may have now or hereafter by reason of the parties'
mart/age to alimony, alimonyj~endenre lite, spousal support and/or maintanm~ce or other like
benefits resulting from the parties' status as husband and wife. Except as provided herein, the
parties further release and waive any ri~ts they may have to seek modification of the terms of
this para~apt~ in a court of law or equity, it being understood that the foregoing constitutes a
final determination for all time of either part3,'s obligation to contribute to the support and
maintenance of the other.
Be~nni~g April 1, 2003, Husband shall payto Wife, in the form o£ alimony, the sum of
$1,070.00 per month for an mdefulte period of time. The said ~!imony payments shall be
subject to modification or termination by the Court of Common Pleas, Cumberland County,
Pemxsyivania.
.AJ/such payments by Httsband to Wife shal/be deemed alimony, as defined in Section 71
(b) (1) (A) of the Internal Revenue Code as mended, and as s~dd Section is ampI/tfed bythe
provisions of the Tax Refom~ Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in
the year of payment by Husband pursuant to Section 215 of the h~ternal Revenue Code, as
amended, or any similar future laws or regulations thereto, and shall be includable in the year of
receipt in the ~oss income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code,
as amended or any similar future laws or re~.dafions thereto. The said alimony payments shal~
terminate upon the death of either parS,' Wife's rcn:mn'iage or cohabitation.
rt. Cltrll JD SUPPORT. There is currently an Order for child and
spousal support entered m the Court of Common Pleas, Cumberland County, ?enasylva~fia,
indexed to Ne. 00191 S 2002, PACSES Case No. 153104315. The parties agree that, be~uning
April 1, 2003, the Child Support Order shat/be modified fi2. the amount of $I,000.00 per month
for child support and the current Spousal Support Order sha~lI be terminated and replaced wifla an
Alimony Order in the amount of $1,070.00 pursuant to Paragraph 6A of this Agreement. The
terms and conditions as set forth ~ this Agreement will pro'u/de authorization for Domestic
Relations to amend the Order effective the date of this Agreement The said child support
payments maybe modified based on a change in circumstances.
7. 2002 JOINT T_4Z¢ RETURN. The parties agree tha~ they shall file a joint
income tax retrain for the tax year 2002 and will div/de the retired equally, but, in any event, Wife
shall receive from the said refund the amount she would have received in a refund had she filed
separately. Husband shall be responsible for collecting the imformation and pr~arkng alternative
tax rerarns estabhshing fl~e amount Wife is due. Upon receipt of the refund, the parties agree to
execute any documents necessary for Husband to deposit the retired rote his account after wkich
he will promptly pay to Wife the mount due her under the terms of this paragraph.
8. WAIVER OF INltERITANCE RIG]gT,*,. Unless otherwise specifically
provided in this Agreement, as of the execution da~e of this A_m:eement, Husband mad Wife each
waives ali rights of inheritance i~ the estate of the other, any right to elect to take against the will
i0
or any umm of the other or in which the other has an interest, and each of the pm-des waives any
additional rights wl-dch said parry has or may have byreasen of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all figh~s p~ovided under the laws of
Penn ~ylvania, or any other jurisdiction.
9. WA-~rER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in th/s Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
pro~'arn carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirem~,znt plans of any sort or nature,
deferred compensation plans, life insurance policies, ,nm.tities, mock accounts, bank accounts,
final pay checks or an), other post-death disu-ibution scheme, and each parry expressly states that
it is kis and her intention to revoke by the terms o£this A~eernent any beneficiary designmions
l~mi~g the oth~ which are in effect as of the date o£ execution of this Agreement. I/and/n the
event the other party continues to be named as beneficiary and no alternate beneficiary is
othenvise designated, the beneficiary shall be deemed to be the estate of the deceased party.
10. RELEASE OF CLAIMS.
(a) Wife and Husband aclmowledge an& agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and hahilifies
pursuant to §3502 of the Divorce Code, and Wife and Husb.'md hereby waive any right ~o
division of their proper~y except as provided for in th/s Agreement. Furthermore, excep~ as
ll
otherwise provided for in this Agreement, each of the parties hereby specifically waives, release%
renounces mud forever abandons any ¢t.~r~ rip. cbt, rifle or interest whatsoever he or she may have
in property, transferred to the other party pursuant to this Agreement or idanfified in this
Agreement as belonging to the other part3,, and each part-3, agrees never to asser~ any claim to said
property or proceeds in the future. However, neither party :iS released or discharged from any'
obligation under fi-ds A~o-reemen~ or any instrument or documen~ executed pursuant to this
A_~_reement Husband and Wife shall hereafter own smd enjoy independently of any o].~r~ or
of the other, ali items of personal property, tan~ble or intarLgible, acquired by b~ru or her fi-om
the execution date of this Agreement with full power in hi~ or her to dispose of the same fully
and effectively for alt purposes.
(b) Each party hereby absolutetSz and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any mud all fi_Mats
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimonyp~J¢~f~ f~z¢, ~]~n~ony, equitable distribution, counsel
fees, costs, expenses, and any other ri.~ht or obligation, economic or otherwise, whether arising
ou~: of the marital relationship or otherwise, mchiding ali ri=ohts and benefits under the
Pcrmsylvania Divorce Code of 1980, its supplemants and amendments, as well as under any other
law of any other jurisdiction, excep~ and only except all ri~s and obligadons arising under th~s
Agreement or for the breach of any ofi~s provisions. Neither party shall hav~ any obligation
the other nol expressly set forth hereto.
!2
(c) Except as set forth in this A~ecmcnt, each par~ hereby absolutely
and unconditionally releases and forever discharges the othl~ and his or her heirs, executors,
administrators, assigns, property and estate f~om any and ail rights, claims, demands or
obligations arising out of or by virtue of the mautal relationship of thc pardcs whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
cl~n~ arise out of any former or future acts, contracts, ¢ngaEements or liabilities of the other or
by way of dower, curtesy, widow's or widower's fi~=hts, fam~ily exemption or similar allowance, or
under the intestate laws or the ri~=.ht to rake a~.o~ust the spouse% will, or the rial.ch1 to ~rca~ a lifetime
conveyance by the other as testamentary or all ofhcr ri~$hts of a surv~vinE spouse to participate in
a deceased spouse's estate, whether arism~ under thc laws o~Penneylvania, any state,
commonwealth or terhtory office United States, or any other country.
(d) Exccp~ for thc obli§atJons of thc parties contained in th~s
A~.~Tecmen~ and such r~=hts as are expressly reserved herein, each party ~ves to thc other bythe
execution of this A~reemcn~ an absolute and unconditional release and discharge fi.om all causes
of action, claims, ri~_hts or demands ~vhatsoever in law or in equity, which either par~ ever had
or now has a~ains~ the .other.
1L Pi~ESERYATION OF RECOP~Dg. Each party will keep and preserve
for a period of four (~.) years from thc date of their divorce decree al~ financial records relating to
the marital estate, and each par~y '¢dI~ allow the other party access to those records in thc evcn~ of
tax audi~s.
12. MODI~CA. TION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing si,cned by each off.he partes hereto.
13. SE~rEp,-4-BILITY. If any provision of this Agreement is held by a court
o£ competent jurisdiction to be void, invalid or unenforceable, the rem~l~ provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
14. BREACPI. If either party hereto br~mches any provision hereof, the other
party shall have thc ri~=~ht, at Iris or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaeh~n~ party shall be
entitled to recover from the breaching parry all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party.
ltl. WAI~rER OF BREAC]K. The wah~er by one pazty of any breach of this
Agreement by the other party.will no~ be deemed a waiver of any other breach or an3' provision of
th~s .~,_grecment
1 fi. NOTICE. Any notice to be ~ven trader this Agreement by either party to
the othe; shalJ be in writing and may be affected by re~stered or certified mail, return receipt
requested. Notice to Husband will be sufficicn~ if made or addressed to the following:
John B. Lewis
6311 Chesterfield Lane
Mechauicsburg, PA 17050
and to %'ifc, if made or addressed to the following:
Sally 3. Lewis
74 Grecnmont Drive
Enola, PA 17025
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to hizn or her by giving notice of that change in accordance with the
provisions of this paragraph.
I7. APPLICABLE LA~7. All acts contemplated b}, this Agreement shall be
construed and enforced under the substantive laws of the Corarnonwcalth of?ennsylvania
(without regard to the conflict of law roles applicable in Pennsylvania) in effect as of the date of
execution of this Agreerncnt.
18. DATE. OF EXq~cIPr~oN. /he "date of execution" or "execution date" of
this Agrecmcn~ shall be ~efined as the date upon which the parties signed the Agreement if they
do so on the same date, or'if not on the same date, then thc diat¢ on which the Ag~eenucnZ was
si~cned by the las~ party to execute this Agreement.
19. EFFECTIXrE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
2(]. EFFECT OF RECONCILIATION.. COlqABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall no~ be abrogated
even if the parties effect a r¢conciliation, cohabit as husband and wife or attemp~ to ¢ff¢c~ a
reconciliation. This Agreament also shall continue in full force and effect in the e~cnt of the
parties' divorce. There shall be no modification or waiver o:[ any of the terms hereof unless thc
parties in writing execute a statement declaring this Agreement o~' any term of this A~eement to
be null and void.
21. PLEADINGS NOT PART OF AG]REEMENT. Any headings preceding
the tex~ of the several para~m'aphs and subpara=m'aphs hereof are inserted solely for convenience of
reference and shall not constitute a part of ti:ds Agreement nor shall they affect its meaning,
consu-ncdon or effect.
22. AGREEWIEI~ BINDiNG ON PAJ[TIES AND I:IEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assi~ns~ and successors in an5, interest of the parties.
23. ENTIRE AGREEMENT. Each p~m'y acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, aud has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and ail prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or ag~u~t either' of
the parties.
24. M-[Y'rUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other may deeds, bills of sale,.assi_mnnenrs, consents to change of beneficiary
desi~ations, tax returns, and other documents, and shall do or cause to be done eveu other act
or ~hing that may be necessary or desh-able to effectuate the provisions and purposes o£this
A~eement. If either party unreasonably fails on demand to comply w/th these provisions, that
pm'ty shall pay to the other party alt attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
16
25.' AGKEEMIENT NOT TO BE MERGED. This Agrecmcm may b~
incorporated into a decree of divorce for purposes of enforcement only, but othenmse shall not b~
merged into said decree. The parties shall have the right to enforce this A~ecmeni audcr the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in 1aw or in equity
under this Agreement as an indcpemdent contract. Such remedies in law or equity are specifically
not waived or released.
IN ~rITNESS Wrrc~KEO1¢, the parties hereto set !i~eh' hands and seals on the dates of
their acknowledgraents.
Johu B Lewis
Sally J. Lewi~
3_'7
COMMO~r.J~LTPi OF PE/xrNgYL\rANIA )
CO~ OF ~ )
BEFORE ME, thc undcrsi_~ncd authority, on this day personally appeared
John B. Lcv~s, knovcn to ms to be thc person who ¢xcctr£cd the foregoing JnsU'umcnt, and who
acknovctcd~cd to mc tha~ h¢ executed same for thc p~rposcs and Considcrafion~ thczcm
expressed.
GTVEN UNDER M-Y HA.ND AND SEAl. OF 0t~FICE tiffs ~:~L~y of
! , J~n ~- Kosier. Notaw Public
! Ckv of i-~umn'~elsto~,;~,Couni:~, o~ Dst'~hin
18
CO~[MONV¢~ALTI-t OF PBNNSIq~VANI_& )
)
COUNTY O~ ~
)
BEFOR~ iv[E, the undcrsi_aned authority, on this day personally appeared Sally L Lewis,
known to me to be the person who ex¢oumd the foregoing instrument, and who aclmowledged *o
me that she ~xccuted same for the p~u'poses and considerations thereto expressed.
,2003.
SALLY J. LEWIS,
Plaintiff/Respondent
V.
JOHN B. LEWIS,
Defendant/Petitioner
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-1887 CIVIL TERM
:
: CIVIL ACTION' - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attomey for
the Petitioner, John B. Lewis, hereby certify that I have served a copy of the foregoing Petition to
Terminate Alimony on the following on the date and in the manner indicated below:
U.S MAIL~ FIRST CLASS~ PRE-PAID
Michael A. Scherer, Esquire
O'Brien, Baric & Scher~
17 West South Street
Carlisle, PA 17013
JAMES, SMITH, DIETTERICK & CONNELLY LLP
By'~.~~ ~
'~o,,hn~l.)Co~nn~y,.Jr.,Es-~"~'~re ~ ~
tto tor ~titioner
~kv~f°r~ ~
Post Offi~ Box 650
Hershey, PA 17033
(717) 533-32tt0
PA I.D. No. 15615
JUN 0 4 2004
SALLY J. LEWIS,
Plaintiff/Respondent
JOHN B. LEWIS,
Defendant/Petitioner
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1887 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
H
AND NOW, this 17 ['~ day of ~:2_t~, 2004, after review of the foregoing
Petition to Terminate Alimony, a heating is scheduled for the ._?~ day of~ '~> ,
2004, at ~ 33ff) o'clock ~ .m. in Court Room No. / of the Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
BY THE COURT:
SALLY J. LEWIS,
Plaintiff
JOHN B. LEWIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAg/
NO. 02-1887 CIVIL TERM
IN RE: PETITION TO TERMINATE ALIMONY
ORDER OF COURT
AND NOW, this l0th day of August, 2004, upon. consideration of the attached
letter from John J. Connelly, Jr., Esq., attorney for Defendant, the hearing previously
scheduled for August 9, 2004, is CONTINUED GENERALLY.
Counsel are directed to contact the Court if they desire a hearing in this matter or
if a settlement is reached.
Michael A. Scherer, Esq.
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
John J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, PA 17033
Attorney for Defendant
BY THE COURT,
J(Te~ley Oler, {Ir_? J.
:rc