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HELM, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2242 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICi~, I, Debra Denison Cantor, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Margaret L. Helm, by Certified Marl, Return Receipt Requested on the 11~ day of May, 2002 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was marled to Defendant by depositing a true and exact copy thereof in the United States marl, first class, Certified Marl, Return Receipt Requested postage prepaid, addressed as follows: Margaret L. Helm 105 North Street Apt. 305 Harrisburg, PA 17101 Subscribed and sworn to before me this ! ~d~day of_~ ,2002 NOT~II~I. ~I~AL (;ASSANDRA T, ROSENBAUM, Noisy / Camp Hill Bom, Cumbedand County My Commission Expires December 4, 2004 Respectfully submitted, REAGER & ADLER, PC f tor, 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 DEBRA DENISON CANTOR, ESQUIRE REAGER AND ADLER, P-C. 2331 MARKET STREET CAMP HILL, PA 17011 4. Reetrlcted Delivery? [~.~'~'"'"r~---- (~r, r~) ~ yes [ CERTIFIED 2. Article Number 7111 1746 2100 0000 0016 111 1746 2100 0000 0016 ! 1. Article Addressed To: MRS. MARGARET L. HELM :'~NORTH STREET ~PT. 305 Exhibit "A" WILLIAM A. HELM, Plaintiff V. MARGARET L. HELM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2242 CIVIL TERM : : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divome 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 fo me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. William A. Helm WILLIAM A. HELM, Plaintiff V. MARGARET L. HELM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NNSYLVANIA : NO. 02-2242 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. William A. Helm WILLIAM A. HELM, MARGARET L. HELM, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2242 CIVIL TERM : : CIVIL ACTION - LAW : : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF TItE 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 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: It J 7~0~-' Margaret L. Helm WILLIAM A. HELM, Plaintiff V. MARGARET L. HELM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, NNSYLVANIA : : NO. 02-2242 CIVIL TERM : : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /[ ~ ~l - d .~ Margare~ WILLIAM A. HELM, : Plaintiff : V. : : MARGARET L. HELM, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2242 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORr} TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 11b day of May, 2002 by certified mail, remm receipt requested, receipt number 7111 1746 2100 0000 0016. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by William A. Helm, Plaintiff, on November 7, 2002; by Margaret L. Helm, Defendant, on November 7, 2002. 4. Related claims pending: Settled by Agreement dated November 7, 2002. o Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the November 12, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the November 12, 2002 Date: Respectfully submitted, REAGER & ADLER, PC Joanne Harrison Clough, Esq I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff E:\R&A Family Law\Client Directory\Helm, WilliamLAgreements\Marital Settlement Agreement #2.wpd October 8, 2002 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this "[ day of 1x3 ~ v ~-~.~ .t C", 2002, by and between Margaret L. Helm of 105 North Street, Apartment 305, Harrisburg, Dauphin County, Pennsylvania 17101 (hereinafter "WIFE") and William A. Helm of 851 Wyrmewood Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "HUSBAND"); WI TN E S S E TH: WHEREAS, the parties hereto were married on November 23, 1968, in Norristown, Montgomery County, Pennsylvania; and separated on November 18, 2000; and WHEREAS, the parties have no minor children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not hmited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: E:\R&A Family Law\Client DirectoryLttelm, William~AgreementsLMarital Settlement Agreement #2.wpd October 8, 2002 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is unrepresented by counsel. HUSBAND is represented by Debra Denison Cantor, Esquire of Reager & Adler, PC. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by HUSBAND with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 02-2242 on May 7, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shah be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. Page 2 of 11 E:~R&A Family Law\Client DirectorykHelm, William~AgreementskMarital Settlement Agreement #2.wpd October 8, 2002 The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. Page 3 of 11 E:\R&A Family Law\Client Directory\Helm, William~AgreementshMarital Settlement Agreement #2.wpd October 8, 2002 The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respect/ve families of each other. 7. REAL PROPERTY. The parties are the owners of real property located at 851 Wynnewood Road. The parties agree to list this real property for sale at the mutually agreed upon listing price no later than May 1, 2003. The parties are obligated on a jointly held mortgage with a current outstanding obligation of $135,000.00. HUSBAND agrees to continue to reside in the marital residence as he has since separation, and HUSBAND shall be solely responsible for all costs Page 4 of 11 E:\R&A Family Law\Client Directory\Helm, William~Agreements~Vlarital Settlement Ag*eeme~t #2.wpd October 8, 2002 and expenses associated with the home, including but not limited to, the mortgage, utilities, taxes and insurance. HUSBAND and WIFE agree to split the net proceeds from the sale of the marital residence equally with each party receiving 50% of said net proceeds. Net proceeds shall be determined by using the contract sale price less any real estate commission, taxes, transfer fees and other seller expenses. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. WIFE is the owner of State Retirement Benefits with SERS. WIFE has consolidated all retirement benefits previously contained in her prior PSERS Plan with the SERS account. WIFE is also the owner of a Roth IRA Account No. 4257-9979, a SEP IRA Account No. 4257- 9972 and a Traditional IRA Account No. 4257-9970. WIFE's IRA accounts had a combined Page 5 of 11 E:\R&A Family Law\Client Directory\Helm, WilliamX&greemenlshMarilal Settlement Agreement//2.wpd October 8, 2002 value of $ 23,423.52 as of June 30, 2002. HUSBAND hereby agrees to waive any right, title and interest that he may have in said IRA's and WIFE's State retirement. HUSBAND is the owner of a Traditional IRA Account No. 4258-4756, a Roth IRA Account No. 4258-4755. HUSBAND'S IRA accounts had a combined value of $ 25,480.57 as of July 31, 2002. WIFE hereby agrees to waive to any right, title and interest that she may have in said IRA's. HUSBAND is the owner of an SERS State Employee Retirement Plan, as well as a Mifflin County Employees' Retirement Plan which now pays approximately $36.00 per month and has heretofore granted occasional cost of living adjustments at the discretion of the Plan Trustees. WIFE hereby agrees to waive any right, title and interest she may have in said retirement benefits. HUSBAND is also the owner of a Deferred Compensation Plan through his employment with the Attorney General's Office. Said Plan had a balance of $58,729.09 as of September 27, 2002. HUSBAND will pay WIFE $30,000.00 as her share of said Plan. He will pay at the rate of $1,000.00 per month, without interest, beginning on October 15, 2002 and by the 15th of each month thereafter until said $30,000.00 is paid. 10. INVESTMENTS. The parties are the owners of a Smith Barney Fund, Account No. 724-22857. The parties have agreed to liquidate said ftmd and to divide equally the proceeds. The parties are also joint owners of a Dreyfus Mutual Fund with a former account no. 63861199-15-26 now known as Citizens InveshaLent Services Corp. account no. 57188436. The parties agree that said fund shall be divided equally by the parties. 11. BANK ACCOUNTS. The parties have previously separated all jointly held bank accounts to their mutual satisfaction. The bank accounts held solely in individual names shall become the sole and Page 6 of 11 E:\R&A Family Law\Client Directory\Helm, William~AgreementsXdMarital Settlement Agreement #2.wpd October 8, 2002 separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. HUSBAND shall tender to WIFE the sum of $ 5,500.00 from the proceeds of former Allfirst account no. 00981-1084-5, now Commerce Bank account no. 0513326264. The parties specifically agree that HUSBAND shall retain the balance of the proceeds in said bank account, which are approximately $5,500.00. 12. PERSONAL PROPERTY. HUSBAND and WIFE agree to equitably divide the personal property at the martial residence prior to the sale of said residence. Both parties shall remove the personal property each is to receive prior to the date of settlement on the sale of said residence. 13. VEHICLES. HUSBAND is the owner of a 1992 Bonneville. WIFE is the owner of a 1994 Geo. WIFE hereby agrees to waive any right, title and interest she may have in the Bonneville. HUSBAND shall retain said vehicle as his own. HUSBAND hereby agrees to waive any right, title and interest he may have to the 1994 GEO. WIFE shall retain said vehicle as her own. 14. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. Page 7 of 11 E:\R&A Family Law\Client Directory\Helm, WilliamXAgreements~Vlarital Settlement Agreement #2.wpd October 8, 2002 15. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 16. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 17. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and Page 8 of 11 E:\R&A Family Law\Client Directory\Helm, William~AgreementsLMarital Settlement Agreement #2.wpd October 8, 2002 (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 18. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 19. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. CONTRACT INTERPRETATION. Page 9 of 11 E:\R&A Family Law\Client Directory\Helm, William~Agreements'xMarital Settlement Agreement #2.wpd October 8, 2002 For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS I4/I-IEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness Witness William A. Helm Page 10 of 11 E:\R&A Family Law\Client DirectoryUHelm, William~Agreements~Vlarital Settlement Agreement #2.wpd October 8, 2002 COUNTY OF On the ';/~ day of Public in and for the of appeared William A. Helm, executing the foregoing instrument, and free act and deed. IN year first above written. : SS. 2002, before me, a Notary the tmdesigned officer, personally proven) to be one of the parties ges the foregoing instrument to be her set my hand and notarial seal the day and Notal~ My Expires: COMMONWEALTH OF COUNTY OF : SS. : On the ,~/e day of ~d~O~ ~,-~,-b ,2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Margaret L. Helm, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: i · NO PETRILLO, Nolary Public Page 11 of 11 L~. ,l;~'_ ProvidenCeGommission Fxp~resTWp" Montgomery County S~ptembed 2, COMMONWEALTH OF COUNTY OF Cumberland : SS. On the 11~h day of November, 2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared William A. Helm, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: "~OTARIAL SEAL "1 ELLEN ROSENBLOOM, Notary Public City of tiantsbur_q, Dauphin County ,~ ~mnmiesio~es l~ay 8, 2003 Page 11 of 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STd.'YE Of PENNA. WILLIAM A. HELM 02-2242 NO. VERSUS MARGARET L. HELM DECreE IN DIVORCE AND NOW, ~.~.~ DECREED THAT MARGARET L. HELM AND ;~~, IT IS OrDErED AND , PLAINTIFF, · DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD JI~ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; I~/~~ ] The terms of the parties' Marital Settlement Agreement dated November 7, 2002 and attached hereto are incorporated herein~b~_~ot~/~rewith. BY T ~~OU~T~/J~ · ~ PROThONOTArY