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HomeMy WebLinkAbout06-4704 . NATHAN C, WOLF, ESQillRE ATrORNEY ID NO, 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATrORNEY FOR PLAINTIFF BARBARA M. STODTER, Plaintiff v, ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW ~ NO. 06 - 470 tJ : IN DIVORCE CIVIL TERM DEAN C. STODTER, Defendant NOTICE 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 in 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 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, Onnberland County Courthouse, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 ~ NATHAN C. WOLF, ESQUIRE ATIORNEY ill NO, 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR PLAINTIFF BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN C. STODTER, Defendant :NO.06- 4'T6Y : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE PJJRSUAJS'T TO SECTION 3301(C) OF '(HE DIVORCE COlm NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Barbara M Stodter, 24D Guardhouse Lane, Carlisle, Pennsylvania 17013, Gunberland County, Pennsylvania 17013. 2. The defendant is Dean C Stodter, 24D Guardhouse Lane, Gunberland County, Pennsylvania 17013. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were manied on November 13, 1982, in Philadelphia, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds uponewhich this action is based that the marriage between the parties is irretrievably broken, ~/ - 6. The plaintiff avers that she has been ad0sed of the availability of counseling and that said party has the right to request that the court require the ~anies to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,CS. Section 4904, relating to unsworn falsification to authorities. ,2006 M. STODTER, Plaintiff ,4UG~ 15.2006 ,. . 2 "" CQ."" ~ = iIt $. "'" () ;:g 0;; ):8 ~-n ~ f' C ~ ~ Z,"\. en "' "7;- F ~ 0:) '): ~~ -<, c.n ~~' - ~ ~C.-' ..J j> _. -0 " ~ ZL> - ..." V\ :x 0-.' ,-~o -7~ - PC: ,- r 0 E;'- ~ ~ ~ ?E ~ >- '< ' ~ ~ '-t: NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HlGH STREET CARLlSLE PA 17013 (717) 241-4436 ATTORNEY POR PLAINTiFF BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~NO.06- i70Lj CIVIL TERM : IN DIVORCE DEAN C. STODTER, Defendant PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being dulyswom according to law, deposes and says: 1. I have been advised of the availability of maniage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of maniage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. es. Section 4904 relating to unswom falsification to authorities. lfAuri ^ .- ~ gg ~ "'" i\\! '~)I:p ~ 9l1r. G'> 11 -1-' z(._ - U1 0 (f):; ~=-H ~C1 ""P ~C ::It 'z;~ ~~ x:- 9, .. i ~ - (,.) NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HlGH STREET CARLlSLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTiFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO.06- 470 ~_CIVIL TERM : IN DIVORCE BARBARA M. STODTER, Plaintiff DEAN C. STODTER, Defendant ACCEPTANCE OF SERVICE I, DEAN e STOD'IER, certify that I am the defendant in this matter. Furthermore, I hereby certify that on /.> AVt"""-t=- , 2006, I received a certified copy of the divorce complaint filed in this action. II. ~ -e;- ,2006 4.4- { k- DEAN C. STODTER Defendant ~ ~ 9 \?- -I ~ ~ ~~ d)~. ~ m ~{ -- :.?:;; t!2~: ~ ~ f,i, <2.c ~ C? "0(.-' .p :E:; ~\....: .' ~ 'Pc:. a _ 3.. ('0.>. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HiGH STREET CARLlSLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BARBARA M. STODTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - L(7Y-( : IN DIVORCE CIVIL TERM DEAN C. STODTER, Defendant DEEENDANT'S MARRIAGE COU~SELlNG AFFIDA Vcr The defendant, being dulyswom according to law, deposes and says: 1. I have been advised of the availability of maniage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of maniage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. es. Section 4904 relating to unswom falsification to authorities. / 1.1 tIv'r~-c. .2006 de~~ ( ~ DEAN C. STODTER, Defendant g S. -ocq qlf}: Zf, OJ ,,:, ""'fOe', G\....' <:: ~(:: ---L 'J>'c:: ~ -~ , I j ...., a: cro ~ c-> N o -n ~,:n nfTi :gO ot~ ~'"T'\ -.., -" r;.,~B "'-jT1 9t Jii '< ~ '!? o N NATHAN C. WOLF, ESQUIRE ATrORNEY ID NO. 87380 10 WEST InGH STREE'I' CARLISLE PA 17013 (717) 241-4436 ATrORNEY FOR PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW BARBARA M. STODTER, Plaintiff DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Nathan C Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Barbara M Stodter, an adult individual residing at 24 D Guardhouse Lane, Carlisle, Gunberland County, Pennsylvania 17013. 2. The defendant is Dean C Stodter, an adult individual residing at 26 Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of three minor children, namely namely, Travis McQe1lan Stodter (born Apri127, 1989, age 17); Cbarles Parker Stodter (born August 27, 1993, age 12) and Katherine Dona Stodter (born December 16, 1997, age 8). 4. The children resided with both of the parties from the birth of the children until the parties' separation on or about July 13,2006, acknowledging that Father was on active duty with the United States Annyand was deployed in Afghanistan from June 11,2005 untilJune 27, 2006. The children have primarily resided in the custody of the mother since the parties' separation. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal and physical custody of the children, with the parties alternating custody of the children on a weekly basis, in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A The parties shall have joint legal custody of their three mmor children, namely, Travis McOe1lan Stodter (born April 27, 1989, age 17); Olarles Parker Stodter (born August 27, 1993, age 12) and Katherine Dona Stodter (born December 16, 1997, age 8). B. The Mother shall have primaty physical custody of the children subject to Father's periods of partial physical custody as follows: 1. Father shall have partial physical custody of the children on alternating weekends beginning September 8, 2006, from Friday at 5:00 o'clock p.rn., or at the end of the school day if school is in session until, Sunday at 5:00 o'clock p.rn. 2. Father shall have such periods of additional time during summer and vacations as set forth below or as the parties may mutually agree. C The parties shall share physical custody of the children on holidays and on the children's birthdays on as much of an equal basis as possible. D. After June 2007, Mother may relocate outside of the Commonwealth of Pennsylvania and nothing contained herein shall preclude that relocation. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. Each parent shall be entitled to at least two (2) weeks of unintenupted vacation time with the children and shall give the other party at least thirty (30) days notice of the date for such vacations. The weeks of vacation time need not be taken on consecutive days or weeks. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. H The parties shall share transportation such that the receiving party shall be responsible to pick up the children. H The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. I. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attomeyfees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. L. The Court of Common Pleas - of Gunberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order providing for the legal and physical custody of the children as aforesaid. /'1-v4/'?/- 2~ 2006 VERlFICATION..A.ND CONEIRMATION OF AGREEMENI We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arnmgement provided above and request that the teons thereof be entered as an Onler of Court without the ~Sityof a custodyconciliarion,~eJing. J3J~ 010 ,2006 / . . (SEAL) /It- C ~EAL) ~) 40 D6 , 2006 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the z.-~y of ;4 v' bit r?/ , 2006, before me, the undersigned officer, personally appeared BARBARA M STODTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the~5t&y of ~ f.A4.i- , 2006, before me, the undersigned officer, personally appeared DEAN C. STODTER, kno<vn to me (or satisfactorily proven) to be the person whose name is subscnbed to the within instrument and acknowledged that she executed same for the pwposes therein contained. NOTARIAl SEAL IlONNIE L COYLE. NOTARY PUBLIC .-0 OF CMU8lE. CUIEERI.AND co, PA MfOOMlII IIQN BPIAES OCTOBER 17, 2001 IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~_X~~.o--(SEAL) /Notary Public ~t ........ ~ """'" ~ -4Q. ~ :'" ....... ~ () ~ ~ $ (") ~ ;3 ~y, ,.(.~".." ,-- ' ;~ ':~ (J; l~\"' _-17 . ~~ ~'~~ ~ ~ c;:::> c;:::> CT' 'P'" c: G') " c.J1 -0 ::Jj;. w e- N ~ -I :C..,., rllp -om -nv (~) (I., :.;:1"1'; .--1"1 I"~--:- ';:!: ~~ C) -\ ?:O :.<. 7 RECEIVED AUG 2 9 2006 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLlSLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BY: .. I . BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE/CUSTODY ORDER OF COURT ,,\ t AND NOW, this ~ day of t.\\l' \) " ,2006 upon presentation and consideration of . the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their three mmor children, namely, Travis McOellan Stodter (bom April 27, 1989, age 17); Otarles Parker Stodter (bom August 27, 1993, age 12) and Katherine Dona Stodter (bom December 16,1997, age 8). B. The Mother shall have primary physical custody of the children subject to Father's periods of partial physical custody as follows: L Father shall have partial physical custody of the children on alternating weekends beginning September 8, 2006, from Friday at 5:00 o'clock p.rn., or at the end of the school day if school is in session until, Sunday at 5:00 o'clock p.rn. 1L Father shall have such periods of additional time during summer and vacations as set forth below or as the parties may mutually agree. C The parties shall share physical custody of the children on holidays and on the children's birthdays on as much of an equal basis as possible. D. After June 2007, Mother may relocate outside of the Commonwealth of Pennsylvania and nothing contained herein shall preclude that relocation. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. Each parent shall be entitled to at least two (2) weeks of unintenupted vacation time with the children and shall give the other party at least thirty (30) days notice of the date for such vacations. The weeks of vacation time need not be taken on consecutive days or weeks. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. H The parties shall share transportation such that the delivering party shall be responsible to bring the children to the receiving party. 1. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. J. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. K. In the event of the breach of the agreement of the parties by any party, the nonbreachingparty shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attomey fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. L. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same fonna1ity of the agreement of the parties. M The Court of Common Pleas of Gnnberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, -\. J. qistribution: ,tN'athan C Wolf, Esquire For the Plaintiff Aan e Stodter Pro Se Defendant t{ :v :\D ~') () \fIN'!f1.1AS;\iN..Jd , 'N!!fY' .,1iC';;'~'n"" I\..L . "'_. '",", ;,' ~1 'J 80 :8 ~Jd 6G 5nV 9002 AtN10NOHlOcd 3Hl :10 30Ij~O-0311:l BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divon:e under Section 3301(c) of the Divon:e Code was filed in this matter on or about August 15, 2006 and served upon defendant on August 15, 2006 (see affidavit of service filed August 21,2006). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divon:e after service of notice of intention to request entry of the divon:e. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C S. Section 4904 relating to unsworn falsification to authorities. /Joe I L!,2006 . , ~ ~ CA '(-? - tf\ ~ ..-\ ~--r' r(\ c: -r-", tr'\ ~~j; "[f) :~ -0 -:'~ --""... ti? (...,) .....- BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim. them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904 relating to unsworn falsification to authorities. JJec /'/,2006 t--') g c:J""' Cl rn ("') - <.f\ ~ -:r;. ~ :1-r"\ r1"\ f"" ~11.\ "..5"'1' ~f~:. (2\ ?}j ::.<::. ~ c..:> - BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about August 15, 2006 and served upon defendant on August 15, 2006 (see affidavit of service filed August 21,2006). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C S. Section 4904 relating to unsworn falsification to authorities. /L/ /'1 / , 2006 ~c4 DEAN C. STODTER ~ = c;1'" o f'i"1 c-) - c..J' -0 --11' '';';is.' o -n :?:..,., PIC -r1~ '~\ 0, ---~ '\'? ':.2. tP. <.,;) - BARBARA M. STODTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the enny of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.eS. Section 4904 relating to unsworn falsification to authorities. I ~/;'I I , 2006 ~c4 . DEAN C. STODTER o ~ CC ~ = r::;r> c? in ('"') c} <;; :3 .."'..... - (J1 o -"n -4 ::C-n 01 r== -,-. ,.-n ~\ (3 ~"" Cn ;....:: -0 _.t::;."" ~ '-? C,...) NATHAN C. WOLF, ESQUIRE ATIORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR PLAINTIFF BARBARA M. STODTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DEAN C. STODTER, Defendant : NO. 06 - 4704 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about August 15, 2006, defendant was seIVed with a copy of the divorce complaint via certified mail, restricted delivery, addressed to the defendant. (See Acceptance of Service previously filed, August 21, 2006.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: December 14, 2006 By the defendant: December 14, 2006 (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A (b) (2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/ A 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/ A (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 15,20 Date defendant's Waiver of No . e' Section 3301(c) divorce was filed with the Prothonotary: December 06 December i.l-, 2006 ,...., = = C1'" o P"l (""j co ~ -t -C-n fnp r'1l l~l . \ -~ -'f> ~~~~ 'J ::,:~ ~...,... ':0 :< ::P'" -"'''-~ ..,..::;.... ~9 N if. ili if. ili if. ili if. if. ili ili if. if. if. ili if. ;f. ili ;f. ;f. ;f. if. ;f. ;f. ;f. if. ;f. ;f. ;f. ;f. iliif.if.ili [f, [f, IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Barbara M Stodter No. 2006 VERSUS Dean C Stodter DECREE IN DIVORCE () e.~ ~'t4\ \ W" \~ , ~COfo, IT IS ORDERED AND AND NOW, Barbara M Stodter DECREED THAT Dean C Stodter AND ARE DIVORCED FROM THE BONDS OF MATRI MONY. 4704 , PLAI NTI FF, , 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 ::TS tUR~-\~ .;!~ ili;f. ;f. ili ili iliili[f,iliili;f.iliili;f.iliiliiliiliiliiliili~ili~ili~~iliiliiliili;f.iliiliili;f.;f.;f.ili;f.ili;f. J. PROTHONOTARY -h?- ~~ 1rl.Je.e; kY~~~'P9 ?11.j-eel .. . 11 ,..., '", . , .'\ ~.' NATHAN CF wOLF, ESQUIRE ATrORN" ID NO. 87380 10 WESTH STREET CARLISLE ?A 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF M. STODTER, Plaintiff V. DEAN C. STODTER, Defendant 090 TA 2 ?2 AUG 23 PM 4: 12 Y : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4704 CIVIL TERM IN DIVORCE MOTION TO MODIFY DIVORCE DECREE NOW, comes the plaintiff and files this motion to amend final decree in divorce, representing as follows: 1. The plaintiff is Barbara M. Stodter, now known as Barbara M. Salvaterra, residing at 629 Nilson Road, Bellefonte, Centre County, Pennsylvania 16823. 2. The defendant is Dean C. Stodter residing at 4 Farm Lane Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties entered into a marital settlement agreement dated December 14, 2006 which provided inter alia for a division of Defendant's military pension between the parties upon Defendant's retirement from the military and entering into pay status. A true and correct copy is attached hereto as Exhibit "A." 4. Thereafter the parties submitted documents required by the Court to finalize the divorce, including a divorce decree, which was issued by the Court on December 19, 2006. A true and correct copy is attached hereto as Exhibit "B." 5. Due to the sensitive nature of the information in the parties' marital settlement agreement, they elected not to file the agreement of record with the Prothonotary and did not reference that the agreement was incorporated 6. In June 2012, Defendant retired from active military service and the parties submitte4 the marital settlement agreement to the appropriate military authorities to establish the direct payment of retirement funds to Plaintiff. 7., Thereafter, Plaintiff received correspondence from the Defense Finance Accounting Service (DFAS) requesting submission of a certified copy of the marital settlement agreement incorporated into the divorce decree. 8. Plaintiff and Defendant request, as evidence by the attached stipulation, that their intention Was to have the terms of the marital settlement agreement result in the establishment of a direct payment by DFAS to Plaintiff and that they were unaware that the divorce decree as issued in this case f cvas insufficient for that purpose. A true and correct copy of the parties stipulation is attached hereto as Exhibit C. 9.Plaintiff and Defendant mutually request that the Court issue an amended divorce decree incorporating, but not merging, the terms of their marital settlement agreement dated December 14, 2006 therein. 10. The parties have prepared a proposed decree to be issued attached hereto as Exhibit D 11'. The Honorable M.L. Ebert, Jr. was previously assigned to this case. WkEREFORE, the parties respectfully pray that this Honorable Court grant the instant motion to modify divorce decree and issue an amended decree which incorporates but does not merge the terms of their martial settlement agreement dated December 14, 2006 therein along with such furthor relief as this Honorable Court may deem equitable and just. Respectfully submitted, WOLF & WOJf , Attorneys at Law Dated: A4ust ?;;'-2012 By: G Watha olf, Esquire 10 W High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this Z546y of .C ?06, by and between DEAN C. STONER (hereinafter referred to as "HUSBAND") and BARBARA M. STODTER (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 13,1982; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and 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 by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt o$ which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. Z The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the part ties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets. 31,. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten Or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his of her sole use and benefit without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained, by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as Wows: A. The HUSBAND shall assume all liability for and pay and indemnify the VV IFE against any of his individual debts and all household utility accounts. B. The WIFE shall assume all liability for and pay and indemnify the FOBAND against any of her individual debts, along with the parties' joint debt with USAA fir the 2006 Dodge Caravan, the balance of which is approximately $12,000.00 as of the *te of the drafting of this agreement. C. The parties agree that they have no other joint obligations. 6. Except as herein provided, the parties agree that they have previously divided their personall,property to their mutual satisfaction. No payment shall be made by either party to the other as result of the division of property contained herein. The parties agree that this division is fair and ?quitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or kight of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effedtually, in all respects and for all purposes as if he or she were unmarried. The following division Of specific items of personal and real property will be equitably distributed as follows: A. REAL E TATE: HUSBAND and WIFE hold title to real property located irk Carova, North Carolina. Said interest shall remain as currently titled, subject however to the following provision: Sale of said property shall not occur until such time as all of the respective owners agree thereto. HUSBAND and WIFE currently hold a one-quarter interest in the overall value of said property. Following the issuance of a divorce decree and pending sale or disposition, HUSBAND and WIFE shall retain their interest in said property as tenants in common. Upon the sale of the parties' interest, the proceeds of said sale shall be divided equally between HUSBAND and WIFE. Should the death of either HUSBAND or WIFE occur prior to such distribution, the proceeds shall be payable to their respective estates. B. PERSONAL PROPERTY: 1.) Motor Vehicles - The WIFE hereby releases to HUSBAND the 1989 BMW 3251 and the 1998 Dodge Caravan. HUSBAND hereby releases to WIFE the parties' 2006 Dodge Caravan, 1995 Jeep Cherokee, which vehicle is used by the parties' son, Travis, and the 1963 Mercedes 190 Roadster, and WE shall attempt to secure refinancing in her sole name on the 2006 Dodge Caravan, but HUSBAND shall be released from any outstanding obligation associated with said vehicle as of the execution of this agreement. HUSBAND and WIFE hereby agree that at the time the jeep or the Mercedes are sold, that the proceeds of such sales shall be distributed sixt-two and one-half percent (62.5%) to WIFE and thk),-seven and one-half percent (37.5%) to HUSBAND. 2.) Bank Accounts - HUSBAND and WIFE agree to the distribution of funds from the parties' joint accounts with Morgan Stanley, plus the value of HUSBAND's sole IRA account with FidelityInvestments, in the following percentages: WIFE shall receive sixtytwo and one-half percent (62.5%) of the balance as of the date of the execution of this agreement and HUSBAND shall receive thirty: seven and one-half percent (37.5%) of the balance as of the date of the execution of this agreement. The parties shall keep their respective IRA accounts in tact, and any distributions necessary to accomplish the above-referenced percentage shares shall come from liquid assets held in the parties' joint accounts. 3.) Pension and Retirement Accounts - HUSBAND and WIFE agree that WIFE shall be entitled to receive from HUSBAND's pension an amount to be calculated as follows: using a fraction where the numerator represents the number of months the parties were married (289) and the denominator represents the number of months HUSBAND has served on active duty. The resulting fraction shall thereafter be multiplied by fifty percent. That result shall be paid directly to WIFE by DFAS. 4.) Other Personal Property - The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree. 5.) Life Insurance - HUSBAND shall maintain the SGLI policy on his life he current has at the same level of coverage, with WIFE as primary beneficiary and the children as substitute beneficiaries in equal shares until the point where he retires. HUSBAND shall thereafter be permitted to designate the beneficiaries of his policies as he sees fit. Otherwise, the parties agree that they shall maintain their existing policies with the same beneficiary designations and levels of coverage until such time as HUSBAND retires. 70 INCOME TAX RETURNS: In 2006, the parties hereby agree to cooperate in the preparation and filing of joint federal, state and local income tax returns, and the parties shall divide equallya y tax liability due and owing for said tax period, and likewise shall divide equally any tax refund t*eived from said taxing agencies. In 2007, and in subsequent years in which TRAVIS continue to be a dependent child, the parties shall prepare and file separate income tax returns, and HUSBAT' D shall be entitled to claim CHARLES and KATHERINE for dependency purposes, and WIFE shall be entitled to claim TRAVIS for dependency purposes. At such time as TRAVIS can no longer be claimed as a dependent by WIFE, then in subsequent years, HUSBAND shall claim KATHERINE, and WIFE shall claim CHARLES. SPOUSAL SUPPORT AND ALIMONY: HUSBAND shall pay alimony to WIFE in the amount of $1,600.00 per month for a term of twenty (20) years from the date of the entry of divorce decree. This provision shall not be considered to be superseded by the foregoing ision? concerning retirement and pension benefits. Pending the issuance of a divorce decree, BA* shall make payments in the amount of $1,600.00 per month representing spousal support, peginning January 1, 2007. HUSBAND shall make said payments on the fast of each succeeding month, and HUSBAND shall, if possible establish a direct debit to an account for which WIFE sho provide him with the necessary information. Alimony shall be continuing except in the event of ?he death or remarriage of WIFE or the death of HUSBAND. In addition to the foregoing provision, in the event HUSBAND's retirement pay is reduced $y a disability rating such that his total pension benefits available for distribution to WIFE are reduced, HUSBAND shall make direct payments to WIFE in an amount equal to the difference to the pajyment she would be eligible to receive if the disability rating had not been applied. 9. CHILD SUPPORT: The parties hereby agree to divide, as follows, expenses associateld with the support and maintenance of the parties' minor children: (a) Private School - From the date of execution of this agreement until June 1, 2007, HUSBAND shall be responsible for seventy percent (70%) of any private school tuition and WIFE shall be responsible for thirty percent (30%) of any private school expenses for the children. After June 1, 2007, the parties shall divide this expense evenly. (b) College Education - The parties shall divide the cost of tuition for each of the children such that HUSBAND shall be responsible for sixty-five percent (65%) of any tuition, room and board and WIFE shall be responsible for thirty-five percent (35%) of any tuition, room and board, through the completion of undergraduate studies. (b) Support payments - Not withstanding the foregoing, HUSBAND shall payto XVIIFE the sum of $1,800.00 per month in child support beginning January 1, 2007, and continuing each month until Travis graduates from high school, at which time, the monthly support shall be reduced to $1,500.00 per month, until Charles turns eighteen or graduates fiom high school, whichever occurs later, at which time, the monthly support payments shall b? reduced to $1,000.00 per month until Katherine turns eighteen or graduates from high school, whichever occurs later. (d) Medical Expenses - HUSBAND shall maintain TriCare coverage and shall pay at premiums, post-retirement, for all of HUSBAND's dependents, namely the parties' clhildren, as long as such coverage is possible. Any unreimbursed medical expenses for the children shall be borne by the parties equally, such that each party shall notify the other of an unreimbursed medical expense and thereafter shall seek reimbursement promptly after incurring the expense. As set forth in the custody agreement the parties shall discuss all major medical decisions at the earliest available opportunity in advance of such decision being made, unless those decisions must be made on an emergency basis, and in those eases, the party having custody of the child at that time, shall keep the other party apprised of the emergency at the earliest reasonable opportunity. 16. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breachi * party, the nonbreaching party shall have the right to seek monetary damages for such breach, v?here such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney tees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 11. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this agree rent. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree tha? they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. WIFE's attorney is Nathan C. Wolf, Esquire and HUSBAND has either obt?ined an independent review of this agreement with any attorney or he has waived the right to do so. 13. ENTIRE ArRFF.MENT: This agreement contains the entire understanding of the partie? and there are no representations, warranties, covenants or undertakings other than those expressly?et forth herein. 14. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. la. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlemerbt agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 16. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided) herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present dr future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtest', statutory allowance, widows allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNE?SES: C SEAL DEAN C. STODTER COMMONWEALTH OF PENNSYLVANIA :SS: COUN'T'Y OF CUMBERLAND TONALLY APPEARED BEFORE ME, a notary public for Cumberland County, this 10 day oUb.< ,.c 2006, DEAN C. STODTER, known to me (or proven) to be the person whose name is subscribed to the within agreement, and cknowlt dge that he executed the same for the purposes therein contained. If N WITNESS WHEREOF, I have hereunto set my hand and official seal. NarARI& SEAL 801 NIE 4 COYLE. NOM PUBUC CO. HA BORO GM= ? MY C EXFWS OCTOBER 17, 2010 otary Public COMMONWEALTH OF PENNSYLVANIA . :SS: COUN?Y OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsyl*ania, this /47-"day of 2206. BARBARA M. STODTER, known to me (or satisfact?riky proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTAWL SEAL Of EC011E NOTi?itY CUMBEMA ND?C CO. PA ?1O?R 17, 2010 IN THE COURT OF COMMON PLEAci OF CUMBERLAND COUNTY STATE OF PENNA. Barbara Nt Stodter VERSUS Dean C. Stodter 4,704 DECREE IN DIVORCE December 19 AND NOW, Barbara Xt Stodter DECRF-ED THAT Oean C. Stodter AND ARE DIIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEENIRAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEN ENTERED; none N o. 2006 2006 - IT IS ORDERED AND PLAI NTI FF, BARB M. STODTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DEAN (?. STODTER, : NO. 06 - 4704 CIVIL TERM Defendant : IN DIVORCE STIPULATION AND AGREEMENT THIS AGREEMENT made this `L7 day of J?iyb+/a r , 2012, by and between DEAN C. STODTER (hereinafter referred to as "DEFENDANT") and BARBARA M. STODTER (hereinafter referred to as "PLAINTIFF"). W ITNESSETH: VOHEREAS, the parties were lawfully married on November 13,1982; and WIHEREAS, Plaintiff initiated an action in divorce at the above term and docket on or about Au*ust 15, 2006; *EREAS, the parties executed a Marriage Settlement Agreement dated December 14, 2006; and WHEREAS, the parties were divorced by Decree dated December 19, 2006, N6W, THEREFORE, in consideration of the promises and the mutual promises, covenants'; and undertakings hereinafter set forth and for other good and valuable consideration, receipt of !which is hereby acknowledged by each of the parties hereto, each intending to be legally bound, he?eby covenant and agree as follows: 1. Because the divorce decree issued December 16, 2006 does not incorporate the terms of the marital settlement agreement dated December 14, 2006, the Defense Finance and Accounting Service (DFAS) will not honor the teams of the parties agreement concerning the division of retirement payments to Plaintiff. ?x ?t 1?1? C 2. The parties desire that the Court amend the Divorce Decree to incorporate the terms of their agreement so that DFAS will, according to its regulations, process the payments to Plaintiff directly. 3.. The parties anticipated and desired for DFAS to process the retirement payments in accordance with the terms of the agreement and forward payments directly to Plaintiff. 4. The parties were unaware that the decree and agreement did not comport with the DFAS guidelines until Defendant retired in June 2012. 5. The parties have executed this stipulation with the understanding that it will be attached to a motion submitted to the Court requesting that their divorce decree be amended to incorporate but not merge the terms of their marriage settlement agreement so that they may submit the same to DFAS. 6. The parties acknowledge that they are both knowingly and voluntarily executing this stipulation and believe that is in their interests to do so. In f ending to be legally bound thereby the parties have hereunto set their hands and seals this ??' day of A16 W4, , 2012. WITNESSES: &I t' - __c A C - - (SEAL) DEAN C. ST TER -/I d- d-raif' (SEAL) BARBARA M. SALVATERRA BARBARA M. STODTER, Plaintiff v. DEAN C. STODTER, Defendant v IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COLTIVTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2006 - 4704 CIVIL TERM IN DIVORCE •1 ' -~--- - CF ~~. ~, ~`~.: °- ~' ~ ~ ~ ~ o o ~~_~Z ~" o °~ AND NOW this _~_ day of ~, 2012, upon consideration of the attached motion to amend divorce decree, and based upon the executed stipulation of the parties, incorporated therein, it is hereby ordered that the Motion is GRANTED. The Plaintiff is directed to file with the Prothonotary proposed divorce decrees which indicate "[1~he terms of the Marriage Settlement Agreement dated December 14, 2006 are incorporated but not merged into this decree." Furthermore, the Plaintiff is directed to file of record the original agreement referenced herein with the Prothonotary. Upon receipt of the proposed Decree and the Agreement, the same shall be transmitted to this Court for execution. BY THE COURT: M.L. Ebert, Jr., J. Distribution: ~/ Nathan C. Wolf, Esquire For the Plaintiff / Dean C. Stodter, p~ se defendant gyp`, es w~ .~l cd ~/~.s~ia F iLED -J% F ;CEO I { dE PPS i H. CN0. TA P, MARRIAGE SE' MF&T, &GREEMEN, m ' CUMBEhLANO COUNT ?r THIS AGREEMENT made this f5LT ?v flizoz"06, by and be ? > D -1 -? C. STObTER (hereinafter referred to as "HUSBAND") and BARBARA M. STOI R ='? (hereinafter referred to as "WIFE") . ?VITNESSETH: *HEREAS, HUSBAND and WIFE were ]awfully married on November 13,1982; and *HEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties a?d it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and 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 by specification; the settling of all matters between them relating to the ownership and equitable distribu n of real and personal property; the settling of all claims and possible claims by one against a other or against their respective estates and equitable distribution of property and alimony for each party. I OW, THEREFORE, in consideration of the promises and the mutual promises, covenano and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each inten&* to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from e4 other. It is the intention and purpose of this agreement to set forth the respective rights and duti?s of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conform to a just and right standard, with due regard to the rights of each party. It is the intention of the pa?ties that such division shall be final and shall forever determine their respective rights. The A division; of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any plac? or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten) or interfere with the other party in any manner whatsoever. Each party may carryon and Y emPtoYmentprofession, engage business or other activity as he or she may deem advisable for his olr her sole use and benefit without interference from the other party. Neither party shall contact ?he other at their place of employment except in legitimate emergency situations. Neither party shill interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 47 The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the othe>1. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5!P DEBTS: It is further mutually agreed by and between the parties that the debts be paid as fellows: A. The HUSBAND shall assume all liability for and pay and indemnify the VFE against any of his individual debts and all household utility accounts. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts, along with the parties' joint debt with LJSAA for the 2006 Dodge Caravan, the balance of which is approximately $12,000.00 as of the d to of the drafting of this agreement. C. The parties agree that they have no other joint obligations. t?. Except as herein provided, the parties agree that they have previously divided their personal propertyto their mutual satisfaction. No payment shall be made by either party to the other as is result of the division of property contained herein. The parties agree that this division is fair and ?quitable, and is voluntary and made without duress by or upon either party. The parties further ajgree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wheiever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effe4-ually, in all respects and for all purposes as if he or she were unmarried. The following division ?f specific items of personal and real property will be equitably distributed as follows: A. REAL E A E: HUSBAND and WIFE hold title to real property located i# Carova, North Carolina. Said interest shall remain as currently titled, subject however to t?e following provision: Sale of said property shall not occur until such time as all of the respective owners agree thereto. HUSBAND and WIFE currently hold a one-quarter interest in the overall value of said property. Following the issuance of a divorce decree and pending sale or disposition, HUSBAND and WIFE shall retain their interest in said property as tenants in common. Upon the sale of the parties' interest, the proceeds of said sale shall be divided equally between HUSBAND and WIFE. Should the death of either HUSBAND or WIFE occur prior to such distribution, the proceeds shall be payable to their respective estates. B. PERSONAL PROPERTY: 1.) Motor Vehicles - The WIFE hereby releases to HUSBAND the 1989 BMW 325i and the 1998 Dodge Caravan. HUSBAND hereby releases to WIFE the parties' 2006 Dodge Caravan, 1995 Jeep Cherokee, which vehicle is used by the parties' son, Travis, and the 1963 Mercedes 190 Roadster, and WE shall attempt to secure refinancing in her sole name on the 2006 Dodge Caravan, but HUSBAND shall be released from any outstanding obligation associated with said vehicle as of the execution of this agreement. HUSBAND and WIFE hereby agree that at the time the jeep or the Mercedes are sold, that the proceeds of such sales shall be distributed sixtrtwo and one-half percent (62.51/6) to WIFE and thirtyseven and one-half percent (37.5%) to HUSBAND. 2.) Bank Accounts - HUSBAND and WIFE agree to the distribution of funds from the parties' joint accounts with Morgan Stanley, plus the value of HUSBAND's sole IRA account with Fidelity Investments, in the following percentages: WIFE shall receive sixtytwo and one-half percent (62.5%) of the balance as of the date of the execution of this agreement and HUSBAND shall receive thirty seven and one-half percent (37.5%) of the balance as of the date of the execution of this agreement. The parties shall keep their respective IRA accounts in tact, and any distributions necessary to accomplish the above-referenced percentage shares shall come from liquid assets held in the parties' joint accounts. 3.) Pension and Retirement Accounts - HUSBAND and WIFE agree that WIFE shall be entitled to receive from HUSBAND's pension an amount to be calculated as follows: using a fraction where the numerator represents the number of months the parties were married (289) and the denominator represents the number of months HUSBAND has served on active duty. The resulting fraction shall thereafter be multiplied by fifty percent. That result shall be paid directly to WIFE by DFAS. 4.) Other Personal Property - The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree. 5.) Life Insurance - HUSBAND shall maintain the SGLI policy on his life he current has at the same level of coverage, with WIFE as primary beneficiary and the children as substitute beneficiaries in equal shares until the point where he retires. HUSBAND shall thereafter be permitted to designate the beneficiaries of his policies as he sees fit. Otherwise, the parties agree that they shall maintain their existing policies with the same beneficiary designations and levels of coverage until such time as HUSBAND retires. 7. INCOME TAX RETURNS: In 2006, the parties hereby agree to cooperate in the preparation and filing of joint federal, state and local income tax returns, and the parties shall divide equally airy tax liability due and owing for said tax period, and likewise shall divide equally any tax refund received from said taxing agencies. In 2007, and in subsequent years in which TRAVIS continued to be a dependent child, the parties shall prepare and file separate income tax returns, and HUSBAND shall be entitled to claim CHARLES and KATHERINE for dependency purposes, and WIFE shall be entitled to claim TRAVIS for dependency purposes. At such time as TRAVIS can no longed be claimed as a dependent by WIFE, then in subsequent years, HUSBAND shall claim KATJHWNE, and WIFE shall claim CHARLES. S?. SPOUSAL SUPPORT AND ALIMONY: HUSBAND shall pay alimony to WIFE i4 the amount of $1,600.00 per month for a term of twenty (20) years from the date of the entry of divorce decree. This provision shall not be considered to be superseded by the foregoing provisions concerning retirement and pension benefits. Pending the issuance of a divorce decree, HUSBAND shall make payments in the amount of $1,600.00 per month representing spousal support, beginning January 1, 2007. HUSBAND shall make said payments on the first of each succeedi#g month, and HUSBAND shall, if possible establish a direct debit to an account for which WIFE sljall provide him with the necessary information. Alimony shall be continuing except in the event of the death or remarriage of WIFE or the death of HUSBAND. In addition to the foregoing provision, in the event HUSBAND's retirement pay is reduced by a disability rating such that his total pension benefits available for distribution to WIFE are reduced, HUSBAND shall make direct payments to WIFE in an amount equal to the difference to the payment she would be eligible to receive if the disability rating had not been applied. q. CHILD SUPPORT: The parties hereby agree to divide, as follows, expenses associated with the support and maintenance of the parties' minor children: (a) Private School - From the date of execution of this agreement until June 1, 4007, HUSBAND shall be responsible for seventy percent (70%) of any private school tuition and WE shall be responsible for thirty percent (30%) of any private school expenses for the children. After June 1, 2007, the parties shall divide this expense evenly. (b) College Education - The parties shalldivide the cost of tuition for each of the dhildren such that HUSBAND shall be responsible for sixty-five percent (65%) of any "tion, room and board and WIFE shall be responsible for thirtyfive percent (35%) of any Untion, room and board, through the completion of undergraduate studies. (b) Support payments - Not withstanding the foregoing, HUSBAND shall payto */IFE the sum of $1,800.00 per month in child support beginning January 1, 2007, and 0ontinuing each month until Travis graduates from high school, at which time, the monthly support shall be reduced to $1,500.00 per month, until Charles turns eighteen or graduates from high school, whichever occurs later, at which time, the monthly support payments shall lie reduced to $1,000.00 per month until Katherine turns eighteen or graduates from high sjchool, whichever occurs later. (d) Medical Expenses - HUSBAND shall maintain TriCare coverage and shall pay all premiums, post-retirement, for all of HUSBAND's dependents, namely the parties' dhildren, as long as such coverage is possible. Any unreimbursed medical expenses for the children shall be borne by the parties equally, such that each party shall notify the other of an unreimbursed medical expense and thereafter shall seek reimbursement promptly after iincurring the expense. As set forth in the custody agreement the parties shall discuss all rlnajor medical decisions at the earliest available opportunity in advance of such decision being made, unless those decisions must be made on an emergency basis, and in those cases, the party having custody of the child at that time, shall keep the other party apprised of the at the earliest reasonable opportunity. 0. BREACH: In the event of the breach of this agreement by either parry, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching, parry, the nonbreaching parry shall have the right to seek monetary damages for such breach, ere such damages are ascertainable, and/or to seek specific performance of the terms of this agre?ment, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful parry in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 1?1. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other patty any and all further 'instruments that may be reasonably required to give full force and effect to the provisions of this agre?ment. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect ha?e been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both patties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or volunta ' y chosen not to do so. WIFE's attorney is Nathan C. Wolf, Esquire and HUSBAND has either ob ' ed an independent review of this agreement with any attorney or he has waived the right to do so. 15. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parti?s and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania.. ?5. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of tiis agreement are null and void and of no effect. 6. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives a?d relinquishes any and all rights he or she may now have or hereafter acquire, under the present c r future laws of any jurisdiction, to share in the property or the estate of the other as a result of I he marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's Powance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 4cknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: C -(SEAL) DEAN C. STODTER ^`'?- A (SEAL) M. STODTER COMMONWEALTH OF PENNSYLVANIA . :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 1,4e day o 2006, DEAN C. STODTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and that he executed the same for the purposes therein contained. I?T WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARM SEAL NIE L COYLE. NOTARY PUBLIC BORO CARUSLB, CUMBERLAND CO. PA W c od"S oc OW 17.2010 otary Public COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY' OF CUMBERLAND [tSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, ia, this day of 06, BARBARA M. STODTER, known to me (or y proven) to be the person whose name is subscribed to the within agreement, and that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Y Notary Public NOTAARDLAL SEAL BONNIE L COYLE, NOTARY PU BORO OR CAN I" CUMBERLAND Co. PA MY COMMSS?Oi4- SOME OCTOBER 17,201 o