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HomeMy WebLinkAbout02-2724MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KELLEY M. OBERDICK, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LEON OBERDICK, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. 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 at the Cumberland 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 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 MARIA P. COGNETT! & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KELLEY M. OBERDICK, Plaintiff, LEON OBERDICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O.Z-- CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Kelley M. Oberdick, who has resided at 5 Pocono Drive, Mechanicsburg, Cumberland County, Pennsylvania, since December of 2000. 2. Defendant is Leon Oberdick, who has resided at 25 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, for the last ten years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 23, 1999 in Linglestown, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiffand Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there is one child of the parties under the age of eighteen (18) namely: Casey Oberdick, age two (2). COUNT I - DIVORCE 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though set forth in full. 11. The Plaintiff avers that the grounds on which the action is based are as follows: (a) The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce dissolving the marriage between the par~ies and granting such other further relief as the Court deems appropriate. Date: June ~ ,2002 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Kelley M. Oberdick, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. Date: Kelly M. Oberdick MARITAL SETTLEMENT AGREF, MENT ~.~... ,~.~, ~ THIS AGREEMENT is made this~4Lday of ,~ 2002, by and between KELLEY M. OBERDICK (bereina~er referred to as "WIFE") and LEON M. OBERDICK, (hereinafter referred to as "HUSBAND"). WITNESSETH WHEREAS, thc parties were married on Juiy 23, 1999 in Linglestown, Dauphin County, Pennsylvania; WHEREAS, there was one minor child bom to the parties during the marriage: Casey L. Oberdick, born January 17, 2000; WHEREAS, a Complaim for divorce was filed in the Cumberland County Court of Common Pleas on or about June 5, 2002 and docketed to 02-2724; 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 desire to settle fully and finally their respective financial and property fights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, presem, and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. I~[]I.~F.~.~[C~ Each party shall be flee from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in the Cumberland County Court of Common Pleas on or about June 5, 2002 and docketed to 02-2724 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE.. The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on thc same date. Otherwise, thc "date of execution" or "execution date" of this Agreement shall be defined as thc date of execution by the party last executing this Agreement. 5. MUTUAL RELEASE; HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and fi.om any and all rights, title and interest, or claims in or against the property (including income and gain firom property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, 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 a testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time herea~er shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and ail property of any kind or nature, reai, personai or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and ail claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, aiimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 6. REPRESENTATION BY COUNSEl_,. The provisions of this Agreement and their legai effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C. for HUSBAND and Maria P. Cognetti, Esquire of Maria P. Cognetti & Associates for WIFE. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financiai situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legai rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegai agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS; Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS~ HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTy. The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. ll. REAL PROPERTY. HUSBAND owns real estate situate at 25 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. Said property is rifled exclusively in HUSBAND's name and is not property of the marital estate as it was owned by HUSBAND prior to the marriage. WIFE specifically waives, releases, renounces and forever abandons whatever claims she may have with respect to HUSBAND's residence. 12. BANK ACCOUNTS; HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. MOTOR VEHICLES; With respect to the motor vehicles owned by one or both of the parties, each party shall retain as his or her sole and separate property the vehicle now in his or her possession. The parties shall execute the titles necessary to transfer ownership of the vehicles. Each party retaining a vehicle agrees to indemnify and hold the other harmless from any and all claims resulting from use, operation, or financing of the vehicle. 14. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS; HUSBAND and WIFE do hereby expressly waive, discharge and release any and all right, title and interest for any claim which he or she may have with respect to any retirement plans of the other party. 15. AFTER-ACOUIRF~I~ PROPERTY; Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16.1~ The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS, The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of thc Deficit Reduction Act of 1984 (hereinafter thc "Act"), specifically, thc provisions of said Act pertaining to the transfers of property between spouses and former spouses. Thc parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONYt HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to spousal support and maintenance, past, present and future. The parties release and discharge the other absolutely · and forever for the rest of their lives from all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provision for support or maintenance. The parties further acknowledge that in consideration of the transfers made herein each completely waives and 7 relinquishes any and ail claims and/or demands they may now have or hereafter have against the other for alimony, aiimony pendente lite, spousai support, counsel fees and court costs. 19. EFFECT OF DIVORCE DECREE. The parties agree that, except as otherwise specificaily provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 20. ~ If either party breaches any provision of this Agreement, the other party shall have the fight, 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, and the party breaching this contract shall be responsible for payment of reasonable legai fees and costs incurred by the other ih enforcing their rights under this Agreement. 21. WAIVER OF CLAIMS' Except as herein otherwise provided, 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory ailowance, widow's ailowance, right to take in intestacy, right to take against the Will of the other, and the 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 ail instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 22. 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. 23. AGREEMENT BINDING ON HEIRS: This Agreement shail be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. ~ 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. 26. INDEPENDENT SEPARATE COVENANTS; It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCIAL DISCLOSURE; The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. /n the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND WAIVERi A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 29. DESCRIPTIVE HE~M)INGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW; This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto, after full disclosure, imending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED Witness 10 KELLY M. OBERDICK VS. LEON M. OBERDICK Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION '- DIVORCE No. 02-2724 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on June 5, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora 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 made herein are subject to the penalties of 18 Pa~04 relating to unsworn falsification to authorities. Date n M. Oberdick  efendant KELLY M. OBERDICK VS. LEON M. OBERDICK Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE No. 02-2724 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TI4F~ 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §49)3~ting to unswom falsification to authorities. /~ Dat ~efendanOtberdick MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KELLEY M. OBERDICK, Plaintiff, LEON OBERDICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2724 : : CIVIL ACTION - LAW : IN DIVORCE June 5, 2002. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 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 tree 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:  M. Oberdick ff KELLY M. OBERDICK VS. LEON M. OBERDICK Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE No. 02-2724 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on June 5, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. ~ate' i ~efendant KELLY M. OBERDICK VS. LEON M. OBERDICK Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE No. 02-2724 CIVIL TERM 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 ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division o£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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification tO authorities. ~LI]~ ~ [ ~c~n M. Oberdick !~fefendant MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KELLEY M. OBERDICK, Plaintiff, LEON OBERDICK, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 02-2724 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning ali:mony, 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: Ke~lley M. Oberdick' ~aintiff MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KELLEY M. OBERDICK, Plaintiff, LEON OBERDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2724 CIVIL ACTION .. LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a tree and correct copy of the Divorce Complaint was served upon Defendant by certified mail, return receipt requested, on the 10t~ day of June, 2002. The original signed retum receipt, number70001530000257761381, is attached hereto and made a part hereof. Date: October 8, 2002 Sworn to and subscribed before me this q~' day o~, 2002. Nota~ Public (T" ' MARIA P. COGNETTI & ASSOCIATES By: Ct: MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 2;7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 170t 1 Telephone No. (717) 909-4060 Attomey for Plaintiff TA.~AL SEAL Y. Hill, Not~ Pub& I vazrvzew Twp., York CoUnty t_MY Commission Explr~ Nov. I~ ~ SENDER: · .~[3omplete items 1 and/or 2 for additional serv ces. · · · 'Complete items 3, 4a, and 4b. · Prin! your name and address on the reverse of this form so'hat we~an ret-urn this · [~t~c~°t~i°sUiorm to the front of the mailp ece or on the back if space does not permit. · ' · Wdte "Return Receipt Requested" on the mailpiece below the article number. · The Return Receipt will show to whom the article was delivered and the date delivered. O 3. Article Addressed to: 5. Received By: (Pr~) 6. Sig~e: (A~re~e~ o~g~ ~ PS F~ ~11, D~ember 1994 I also wish to receiv~ihe followiQg services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. )a. Article Number I 4b. Se~ice Type ~~ ~ Ce~ified.'~ ~~ D Insured ~eturn R~ipt for ~ / 8~Ad~essee's Address ~ ~sted t02595-98-B-0229 Domestic Return Receipt MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KELLEY M. OBERDICK, Plaintiff LEON OBERDICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-2724 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORI'} TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Defendant on the 10th day of June, 2002, by certified mail, return receipt requested, receipt number 7000 1530 0002 5776 1381. An Affidavit of Service is being filed simultaneously with the filing of this Praecipe. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Kelley Oberdick, Plaintiff, on October 23, 2002; by Leon Oberdick, Defendant, on October 24, 2002. 4. Related claims pending: Settlement by Agreement dated August 2, 2002. 5. Plaintiff's Waiver of Notice in § 3301(c) Divorce is being filed simultaneously with this Praecipe; Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary on October 24, 2002. Date: October ~ , 2002 By: MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Praecipe to Transmit Record, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Timothy J. Colgan, Esquire THE WILEY GROUP 1 South Baltimore Street Dillsburg, PA 17019 Date: October ..~i~, 2002 MARIA P. COGNETTI & ASSOCIATES AMRAomRIey I.D. No. 2791~I & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17(}11 Telephone No. (717) 909-4060 Attorney for Plaintiff MARITAL SETTLEMENT AGREF~MENT THIS AGREEMENT is made this~May of ~..~- ' 2002, by and between KELLEY M. OBERDICK (hereinafter referred to. as "WIFE") and LEONM. OBERDICK, (hereinafter referred to as "HUSBAND"). . WITNESSETH WHEREAS, the parties were married on July 23, 1999 in Linglestown, Dauphin County, Pennsylvania; WI~EREAS, there was one minor child born t^ *~-~ __~A ~ .- _, . ,~ -~ iJmu~s aurmg me mam~a~, ~ Oberdick, born January 17, 2000' ~ WHEREAS, a Corn laint for divor ' ~ P ce was filed tn the Cumberland County :.¢~Atrt~ Common Pleas on or about June 5, 2002 and docketed to 02-2724; WI:IEREAS, 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 desire to settle fully and finally their respective financial and property rig~hts and obligations aS between each other including, without limitation by specification; settling of all matters-between them relating to the ownership and equitable distribution of real and personal property; settlingofall matters between them relating to the past, present, and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the 'settling of any and all claimn and possible claims by one againnt the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the tnutual 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, I-I~,SBAND and'WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE; Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single .and unmarried, except as may .be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in anY way harass or malign the other, nor in any Way interfere with the peaceful existence, separate and apart from the other. 2. IV · Tlfis Agreement shall not be Considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred Prior to or which may occur subsequent to the date hereof. 3. SUBSEOUENT DIVORCE; The parties hereby acknowledge that WIFE filed a Complaint in Divorce in the Cumberland County Court of Common Pleas on or about June 5, 2002 and docketed to 02-2724 claiming that the marriage is irretrievably broken Under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shal1 execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. The parties hereby Waive all fights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of 2 the parties are accepted by each party as a final settlement for all purposes whatsoever, as comempiated by .thee Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE; The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreemem on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. MUTUAL REI.EASEi HUSBAND and WIFE each do hereby mutually remise, release, · quit-claim and forever discharge the other and the estate' of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in 0~ against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any Part hereof, whether arising out of any former acts, contracts, engagements Or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widoWer,s rights, 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, Or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maimenance, alimony, alimony pen, dente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwisel except, all rights and agreements and obligations of whatsoever nature-arising or which may arise unde~ this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with reSpeet to any and ail property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all fights and agreements and obligations of whatsoever nature arising or which may ar/se under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all cla/m~ which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Penn.~ylvania Divorce Code0r the divorce laws of any other jurisdiction. 6. REPRESENTATION By COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C. for HuSBAND and Maria P. Cognetti, Esquire of Maria p. Cognetti & Associates for WIFE. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, tl~is Agreement is, in the circumstances, fair, reasonable and equitable, that it is being emered intO freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they 4 have each made to the other afull and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waiveany specific enumeration thereof for the purposes of this Agreement. 8. WARRANTy AS TO EXISTING OBLIGATIONS Each party represems that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be pro(,ided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and agaln.qt any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, ineludlng those for necessities' except for the obligations arising out 0fthis Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS; ITUSBAND.and WIFE covenant, wax'rang represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTy. The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such itemn which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraphUpon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which 5 is in the possession of the Other, and which shall become the sole and separate property of the other from the date ofexecurion hereof. 11. REAL PROPERTY: HUSBAND owns real estate situate at 25 Gettysburg Pike, Mechamicsburg,.Cumberland County, Pennsylvania. Said property is rifled exclusively in HUSBAND's name and is not property of the marital estate as it: was owned by HUSBAND prior to the marriage. WIFE specifically waives, releases, renounces and forever abandons whatever claims she may have with respect to HUSBAND's residence. " 12. BANK ACCOLrNT$i HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13.MOTOR VEI~ICLE$. With respect to the motor vehicles owned by one or both of the parties, each party shall retain as his or her sole and separate prOPerty the vehicle now in his or her possession. The parties shall execute the rifles necessary to transfer ownership of the vehicles. .Each party retaining a vehicle agrees to indenmify and hold the other'harmless from any and all claims resulting from use, operation, or'financing of the vehicle. 14. I N . ~ HUSBAND and WIFE do hereby expressly waive, discharge and release any and all right, rifle and interest for any claim which he or she may have with respect to any retirement plans of the other Partyl 15. AFTER-ACOUIRED PROPERTY: Each of the part/es shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. ~ The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other fi:om and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate ine0me on the aforeSaid joint returns. 17. · The parties hereby agree and express their intent that any transfer of property Pursuant to this Agreement shall be within the scOPe and applicability of the Deficit Reduction Act of 1984 (herelna~er the "Act'.'), specifically, the provisions of said Act pertaining to the transfers ofpr°perty between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documems required by the Internal Revenue Service tO render the Act applicable to the transfers set forth in this Agreement without reco~tion of gain on such transfer and subject to the Carry-over basis provisions of said Act, 18. ~AIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the fOregoing provisions for their individual benefit are satisfactory with regard to spousal support and maintenance, past, present and future. The parties release and discharge the other absolutely · and foreTM for the rest of their lives fi:om all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provision for support or maintenance. The parties further acknowledge that in consideration of the transfers made herein each. completely waives and relinquishes any and all claims and/or demands they may now have or-hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel lees and court costs. 19. EFFECT OF DIVORCE DECREE1 The parties agree that, except as otherwise specffi, cally provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 20. ~ If either party breaches any provisiOn ofthis Agreement, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other ~ enforcing their rights under this Agreement. 21. WAIVER OF CLAIMSi Except as herein otherwise provided, 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 shall now have or hereafter acquire,.under the present and futUre laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including thout l~m~tat~on, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 inntruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishmem of such imerests, rights and claims. 22. 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. ' ' 23. AGREEMENT BINDING ON I~EIRSi This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time, at the request of the oflaer, eXecute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. V__OJD~~ .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. 26. INDEPENDENT SEPARATE COVENANT$~ It is. specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCLa~L DISCLOSURE; The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreemem. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neitherparty has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at'any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribmion of said asset. The non-disclosing party shall be responsible.for payment of counsel fees, costs or expenses incurred by the other party in'seeking equitable distributiOn of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure 0feither party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 29. DESCRIPTIVE }II~,&I)INGS- The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW; This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WItEREOF, the parties hereto, after full disclosure, intending to be, legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED Witness 10 INThe COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~. ~ PENNA. Plaintiff~ KET,T.~¥ M_ VERSUS T.R~N Defendant, N O. 02-2724 DECREE IN DIVORCE AND NOW, DECREED THAT AND K~LT-EY M. OBERDICE LEON OBERDICK ,. 2002 , 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 IN THIS ACTION FOR WHICh A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE/COUrT: / PROTHONOTARY