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HomeMy WebLinkAbout06-7053• LARRY F. WONDERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. i?Y- SARAH I. WONDERS, . Civil Action - Law Defendant . 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 foregoing 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 also lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania, 17013 SCHRACK LINSE aNR LAW OFFICP.S IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LARRY F. WONDERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . VS. SARAH I. WONDERS, . No. . Civil Action - Law Defendant: IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN -NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SCHRACK_& I INSFNRAGH LAW OFFICES LARRY F. WONDERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : No. 01.. SARAH I. WONDERS, : Civil Action -Law Defendant : IN DIVORCE COMPLAINT UNDER § 3301(c) or § 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, LARRY F. WONDERS, by and through his attorney, Brian C. Linsenbach, and files the within Complaint in Divorce and represents as follows: 1. Plaintiff is LARRY F. WONDERS, who currently resides at 49 Army Heritage Drive, Carlisle, Pennsylvania 17013. 2. Defendant is SARAH I. WONDERS, who currently resides at 1209 Claremont Road, Carlisle, Pennsylvania 17013 . 3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of Pennsylvania, Cumberland County, for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the January 12, 1978, in Dillsburg, York County, SCHRACK & LINsEvBAcH LAW OFFICES Pennsylvania. 5. There are no children born of this marriage. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act. 7. There have been no prior actions of divorce of annulment between the parties in this or any other jurisdiction. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 10. The causes of action and sections of the Domestic Relations Code under which Plaintiff is proceeding are: a. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. b. Section 3301(d). The marriage of the parties is irretrievably broken. The parties are living separate and apart and, at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully Submitted, SCHRACK & LINSENBACH LAW OFFICES Brian C. Linsenbach, Esquire (87360) Attorney for Plaintiff Schrack & Linsenbach Law Offices 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019 Telephone: (717) 432-9733 Fax: (717) 432-1053 LARRY F. WONDERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : No. SARAH I. WONDERS, : Civil Action -Law Defendant : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Complaint 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: l / plo gz4lt4i ? sry LARRY . WONDERS, Plaintiff ScMUcx & LwsENBAGH LAW OFFICES O 4 f -, __ CYl 3 1 N -C DZ LARRY F. WONDERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff VS. No. 06-7053 Civil Term SARAH I. WONDERS, Civil Action - Law Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above action. Date: 19?"40 SARAH I. WONDERS, Defendant Sc_ ACK & LUISLNA??Jff _Yl 4? s?y i i jj ! `ti LARRY F. WONDERS, Plaintiff V. SARAH I. WONDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-7053 Civil Term Civil Action -Law IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Sarah I. Wonders. Papers may be served at the address set forth below: Robert J. Dailey, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Phone: (717) 249-6873 Fax: (717) 249-5755 Respectfully submitted, Date: 11 January 2007 O'BRIEN, BARIC & SCHERER 19 West Sou treet Carlisle, Pennsylvania 17013 Attorney for Defendant r' CERTIFICATE OF SERVICE I hereby certify that on January 11, 2007, I, Robert J. Dailey, Esquire, did serve a copy of the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Brian C. Linsenbach, Esquire SCHRACK & LINSENBACH LAW OFFICES 124 West Harrisburg Street P.O. Box 310 Dillsburg, Pennsylvania 17019 Phone: (717) 432-9733 Fax: (717) 432-1053 1 bert J. C') d C. ? co C-n [7 i LARRY F. WONDERS, . Plaintiff VS. SARAH I. WONDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-7053 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 December 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the initial 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. 4. 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. 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: 7 LARK F. WONDERS _S_CHRACK & LINS N"CHH LAW OFFICES C? ? d _'' :?? ?. N ? t? ? ?? ? ??? ?? ? ? ? ..c. .r LARRY F. WONDERS, Plaintiff VS. SARAH I. WONDERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 06 `?053 Civil Action - Law IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1. I consent to the entry 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. C. S. Section 4904 relating to unsworn falsification to authorities. Date: LARRY WONDERS SCM?Cx' L LAW OFFICES G ?p nc CA A LARRY F. WONDERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 06-7053 Civil Term SARAH I. WONDERS, Civil Action - Law Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the initial 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. 4. 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. 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: r-//(l §ARAH I. WONDERS SCHRACK & LN EN ACH LAW OFFICES ?. ....? -???? ` ? -? , ? r ? ?? LARRY F. WONDERS, Plaintiff VS. SARAH I. WONDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 679 ° "1"2S 3 Civil Action - Law IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301 (c) OF THE DIVORCE CODE 1. I consent to the entry 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. 1 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. Section 4904 relating to unworn falsification to authorities. Date: /0.5-1alX? SARAH I. WONDERS S1 RZ OFFICES LINSENBACH Z d ^ -Ti vi C , , } LARRY F. WONDERS, Plaintiff VS. SARAH I. WONDERS, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BETWEEN LARRY F. WONDERS AND SARAH I. WONDERS TABLE OF CONTENTS INTRODUCTION ................................................................................................................1 SECTION I General provisions .................................................................................................................1-5 SECTION II Distribution of Property and Debts .......................................................................................6-10 SECTION III Counsel Fees, Support, Alimony .........................................................................................10-11 SECTION IV Closing Provisions and Execution .......................................................................................11 NOTARY ............................................................................................................................12 EXHIBIT "A" Marital Distribution Schedule ................................................................................................ INTRODUCTION THIS AGREEMENT is made this /t day of , 2007, by and between LARRY F. WONDERS, ("Husband"), of 49 Army Heritage Drive, Carlisle, Pennsylvania 17013 and SARAH I. WONDERS, ("Wife"), of 1209 Claremont Road, Carlisle, Pennsylvania 17013. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife. The parties were married on January 12, 1978 in Dillsburg, York County, Pennsylvania and separated on WHEREAS, diverse and 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. 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; past, present and future support, alimony and/or maintenance of Husband by Wife or of Wife by Husband; and in general, 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 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: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney, their respective Affidavits of Consent and Waivers of notice of Intention to Request Entry of a Divorce Decree. Within five (05) business days of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. 1 If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall timely withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel: Brian C. Linsenbach, Esquire for Husband and Robert J. Dailey, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (A) _ to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) to have all such property valued by means of appraisals or otherwise; (C) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and 2 (D) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other parry shall have the right to declare this Agreement to be null and void and to terminate this Agreement, in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, 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 situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 spouses' estate, whether arising under the laws of: (i) the Commonwealth of Pennsylvania; (ii) State, Commonwealth or Territory of the United States; or, (iii) any other country. C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs, or expenses, whether arising as a result of the marital relation or otherwise. 3 D. Breach Exception: The foregoing shall not apply to 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 the intention of Husband and Wife to give to each other by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personnel 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 provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If, for any reason, either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code 23 PA.C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorneys' fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. 4 D. Considerations for Reasonable Attorneys' Fees: Any award of "reasonable attorneys' fees" as used in this paragraph shall be based on consideration of: (i) the hourly rate charged; (ii) the services rendered; and (iii) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties, the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 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 arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other parry access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. T',is Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement d.-claring this Agreement or any term of this Agreement to be null and void. 5 SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as set forth on the Marital Estate Distribution Schedule attached hereto, marked Exhibit "A", and made a part hereof, as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("Personal Property") shall be divided and distributed as follows: (i) To Husband: All items of Personal Property in the possession of Husband, not otherwise distributed to Wife herein; and (ii) To Wife: All items of Personal Property in the possession of Wife, not otherwise distributed to Husband herein. B. Vehicle(s) and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like ("Vehicles") owned by one or both of the parties, or the trade-in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement and loans associated therewith, shall be divided and distributed as follows: (ii) To Husband: the 2002 Chevrolet Silverado Pick Up Truck and the 2000 Pontiac Bonneville; and (ii) To Wife: the 2006 Chrysler Town and Country Van. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits ("Accounts") shall be divided and distributed as follows: (i) To Husband: 6 (ii) To Wife: D. Investments: The parties' shares of stock, brokerage accounts and other investments ("Investments") shall be divided and distributed as follows: (i) To Husband: (ii) To Wife: E. Life Insurance: Not applicable. F. Retirement Plans: Not applicable. G. Real Estate/Marital Home: The jointly owned real estate known and numbered as 1209 Claremont Road, Carlisle, Pennsylvania 17013, ("Real Estate") is not encumbered and shall be divided and distributed in accordance with the following: (i) Conveyance: Husband shall execute the conveyance and delivery of a quit claim deed transferring the above property, real estate located at 1209 Claremont Road, Carlisle, Pennsylvania to Wife thereby releasing Husband from all interests he may have in this property. The deed of conveyance shall be executed by Husband at the signing of this Agreement or shortly thereafter and held in escrow by Husband's attorney pending disposition of all assets; (ii) Liens, Encumbrances and Expenses: Wife shall hereafter be solely responsible for the payment of all real estate taxes, municipal liens and any other expenses associated with this property, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom; 4,g 311000.00 (iii) Agreed Upon Value: $2 0; and (iv) Refinance/Assumption: Not applicable; and (v) Sale: Not applicable. H. Real Estate. The jointly owned mobile home located at 49 Army Heritage Drive, Carlisle, Pennsylvania 17013, shall be subject to the following: (i) Conveyance Husband shall prepa: c: end Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the mobile home and property. The deed of conveyance therefore shall be executed by Wife at the 7 signing of this Agreement and held in escrow by Husband's attorney. (ii) Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances, covenants and restrictions of record including, but not limited to, real estate taxes and any other municipal liens. Husband shall hereafter be solely responsible for the payment of real estate taxes, other municipal liens and any and all other expenses associated with the mobile home and property, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. (iii) Agreed Upon Value: $ 78,500.00. (iv) Refinance/Assumption: Not applicable (v) Sale: Not applicable. I. Real Estate/Non-Marital Property: The property, home and shed located at 7 South Baltimore Street, Franklintown, Pennsylvania owned by Wife shall be conveyed as follows: (i) Conveyance: Wife shall execute the conveyance and delivery of a quit claim deed transferring the above property, home and shed located at 7 South Baltimore Street, Franklintown, Pennsylvania to Husband thereby releasing Wife from all interests she may have in this property. The deed of conveyance shall be executed by Wife at the signing of this Agreement or shortly thereafter and held in escrow by Husband's attorney pending disposition of all assets; (ii) Liens, Encumbrances and Expenses: Husband shall hereafter be solely responsible for the payment of all real estate taxes, municipal liens and any other expenses associated with this property, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom; * (09, 000 00 (iii) Agreed Upon Value: $76 ><01 (iv) Refinance/Assumption: Not applicable; and (v) Sale: Not applicable. J. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (i) To Husband: Husband shall be solely liable for and shall timely pay the following debts: 8 -D any credit cards, loans, debts and liabilities incurred in Husband's individual name. (ii) To Wife: Wife shall be solely liable for and shall timely pay the following debts: =0 any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. "As Is" Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she has had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible assets and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver: Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments. Any debt herein described shall be deemed 9 to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the martial debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this paragraph; said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorneys' fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. I. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future, he or she will not, contract or incur any debt or liability for which the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL AND CHILD SUPPORT, APL, ALIMONY, AND HEALTH INSURANCE 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. Except as hereinafter provided, the parti; s waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The foregoing notwithstanding, the following shall apply: 10 A. Spousal Support: None. B. Alimony: None. 3.03. CUSTODY. Not applicable. 3.04. CHILD SUPPORT. Not applicable. 3.05. HEALTH INSURANCE: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefore. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement maybe executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this Agreement, each party acknowledges having read and understood the entire Agreement, and each party acknowledges that the provisions of this Agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year below written; which Agreement has been executed in various counterparts, each of which shall constitute an original. Attorney f aintiff ..?? may? Attorney for Def da t 1111 Y?C' ';?- ?? -ZSEAL) L Y F. WONDERS Date: c / 2,- 109 (S F' AL) SARAH I. WONDERS Date: lsl--o 11 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the ay of 1 14 06A , before me, a Notary Public, the undersigned officer, personals peared LARRY F. WO DERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Oct. 25, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF C- ua'l'? ?j tea' 1 On this, the 5b, day of , , 0?0 before me, a Notary Public, the undersigned officer, personally appeared SARAH I. WONDERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 17, 2010 Member, Pennsylvania Association of Notaries 12 7No Description 1209 Clairmont Road, Carlisle PA Value $231,000.00 tribution to D Husband Distribution to Wife $231,000.00 49 Army Heritage Drive, Carlisle PA $78,500.00 $78,500.00 7 Baltimore Street, Franklintown, PA $69,000.00 $69,000.00 TOTAL $1479500.00 $231,000.00 02002 Chev. Silverado 1500 P[U Truck $13,100.00 $13,100.00 2000 Pontiac Bonneville Sedan 4 door $3,235.00 $3,235.00 1994 Four Winds Motor Home $18,379.00 $18,379.00 2006 Chrysler Town and Country Van $17,325.00 $17,325.00 TOTAL $349714.00 $17,325.00 PNC Investment Account 87647398 $41,653.16 $41,653.16 PNC Investment Account 56117551 $180,999.56 $180.999.56 PNC Investment Account 87647396 $395,978.81 To nc split $212,357.50 To be Split $183,591.31 PNC Checking 52-4045-7961 $3,001.57 $3,001.57 PNC Money Market 50-0381-3333 $29,721.76 $29,721.76 PNC CD 21001055701 $50,097.31 $50,097.31 PNC CD 21001055655 $58,335.55 $58,335.55 PNC Account # 87647399 (Sarah's) $47,085.86 $47,085.86 M&T Checking #9833730691 (Sarah's) $8,940.80 $8,940.80 M&T CD #31003912278437 (Sarah's) $10,715.69 $105715.69 M&T Savings #15004198190347 (Sarah's) $42,886.04 $425886.04 TOTAL $4675763.55 $401,652.56 Not applicable Not applicable Not applicable TOTALS TO MAY 8, 2007 $6499977.55 $649.977.56] EXHIBIT "A ?. 1 -71 * f f ii . ?t r LARRY F. WONDERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No.06-7053 Civil Term SARAH I. WONDERS, Civil Action - Law :17 Defendant IN DIVORCE - M HI PRAECIPE TO TRANSMIT RECORD - ?' To the Prothonotary: s Transmit the record, together with the following information, to Q the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Regular U.S. Mail, postage prepaid. A copy of the Acceptance of Service is attached. 3. Date of execution of the affidavit required by §3301(c) of the Divorce Code: By Plaintiff: June 18, 2007 By Defendant: July 5, 2007 4. Related claims pending: None. All claims settled by written agreement between the Plaintiff and Defendant dated June 12 2007 Paragraph 1.03 of said Agreement gives authority to be incorporated into the Decree. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: June 22, 1007. Date Defendant's Waiver of Notice was filed with the Prothonotary: July 10, 2007. Brian C. Linsenbach, Esquire Attorney for Plaintiff IMSENIMACH LAW OFFICES LARRY F. WONDERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No.06-7053 Civil Term SARAH I. WONDERS, Civil Action - Law Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Regular U.S. Mail, postage prepaid. A copy of the Acceptance of Service is attached. 3. Date of execution of the affidavit required by §3301(c) of the Divorce Code: By Plaintiff: June 18, 2007 By Defendant: July 5, 2007 4. Related claims pending: None. All claims settled by written agreement between the Plaintiff and Defendant dated June 12, 2007 Paragraph 1.03 of said Agreement gives authoritX to be incorporated into the Decree. 5. Date Plaintiff s Waiver of Notice was filed with the Prothonotary: June 22, 1007. Date Defendant's Waiver of Notice was filed with the Prothonotary: July 10, 2007. Brian C. Linsenbach, Esquire Attorney for Plaintiff SCHRACK & LnvsENBACH LAW OFFICES L^-; ?a ?; ? ? ?.. ? .... 4-e?-a ?? „"?? '^t ?. F+?? t- ? _. ? .. ? ?? __ i ? - S"7 ?? - (?`2 r. LARRY F. WONDERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff : VS. No. 06-7053 Civil Term SARAH I. WONDERS, Civil Action - Law c Defendant IN DIVORCE" ACCEPTANCE OF SERVICE -- I accept service of the Complaint in Divorce in the above action. " CA C- ? Date: W/ SARAH I. WONDERS, Defendant LnvSxtvsAC? LAW OFFICES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LARRY F. WONDERS -? \s Plaintiff N O, 06-7053 Civil Term VERSUS SARAH I. WONDERS Defendant DECREE IN DIVORCE C;lr ss? . AND NOW, I? IT IS ORDERED AND V V DECREED THAT Larry F. Wonders , PLAINTIFF, AND Sarah I. Wonders 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 Y ET B E E N E N T E R E D; AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the terms, provisions and conditions of a certain property settlement agreement between the 13artieg dited june. 17 ?004, and attached bereto, are hereby incorporated in this Decree a rder by reference as fully as though the same were set herein at length. Said agreement shall not BY THE CO ATTEST: J ;PROTHONOTARY 4? ,e-yg ?-O, ?hV ?