HomeMy WebLinkAbout06-7219IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
DIANE C. LANGNER,
Defendant
No. O G- '7a2 J 9 Cu-nu -T;._
IN DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU H14VE 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,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
i-8oo-99o-91o8
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa
que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o
anulamiento puede ser emitido en su contra por la Corte. Una decision tambien ser
emitida en su contra por cualquier otra queja o compensacion reclamados por el
demandante. Usted puede perder dinero, o propiedades u otros derechos importantes
para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS AN'T'ES DE
QUE EL DECRETO FINAL DE DIVORCIO O ANUI"IENTE SEA EMITIDO,
USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE
ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE
INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O
LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA i7oi3
(717) 249-3166
i-8oo-99o-9io8
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 199o. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the Court. You must attend the
scheduled Conference or Hearing.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
i-8oo-99o-91o8
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNEF., JR.,
Plaintiff
V.
DIANE C. LANGNFX
Defendant
No. 0 G - 7.2 / 9 Cc.;,L( 71,
IN DIVORCE/CUSTODY
COMPLAINT UNDER SECTION ggoi(e) and 23oi(d)
OF THE DIVORCE CODE
AND NOW comes CHARLES H. LANGNER, JR., participating in the
Collaborative Law Process by and through his attorney, Maryann Murphy, Esquire, who
respectfully avers as follows:
1. Plaintiff/Husband is CHARLES H. LANGNER, JR. Who resides at 2190
Brunswick Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055•
2. Defendant/Wife is DIANE C. LANGNER who resides at 21go Brunswick
Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055•
3. Husband and Wife have been bona fide residents in the Commonwealth
for at least six months immediately previous to the filing of this Complaint.
4. Husband and Wife were married on July 1o, 1993 in Cumberland County,
Pennsylvania.
5. There have been no prior actions for divorce or for annulment between
Husband and Wife.
6. Wife is not a member of the Armed Forces of the United States of America
or any of its Allies.
7. The marriage is irretrievably broken.
8. Husband has been advised of the availability of marriage counseling and
that he may have the right to request the Court to require the parties to participate in
such counseling. Being so advised, Husband 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. Husband requests this Court to enter a Decree in Divorce from the bonds
of matrimony.
COUNT II
CUSTODY
io. Husband hereby incorporates by reference all of the averments contained
in Count I of this Complaint.
ii. Husband and Wife are the biological parents of Carolyn H. Langner, born
September 11,1997•
12. Husband seeks shared legal and partial physical custody of Carolyn.
13. Carolyn was born in wedlock and currently resides with Husband and Wife
who are participating in the Collaborative Law Process.
14. During the lifetime of the child, she has resided at the following
addresses with the following persons:
Time
birth-7/2003
7/2003-8/2004
8/2004-present
6o Westerly Road
Camp Hill, PA
11o November Drive
Camp Hill, PA
21go Brunswick Ave.
Mechanicsburg, PA
With Whom
Husband and Wife
Husband and Wife
Husband and Wife
15. The father of the children is Charles H. Langner, Jr.
16. The mother of the children is Diane C. Langner.
17. Husband has not participated as a party or witness, or in any other capacity,
in other litigation concerning the custody of Carolyn in this or any other Court, except as
set forth above.
18. Husband has no information of a custody proceeding concerning Carolyn
pending in a Court of this Commonwealth or any other Court.
19. Husband does not know of a person not a party to the proceedings who has
physical custody of Carolyn, or claims to have custody or visitation rights with respect to
Carolyn.
20. Each parents whose parental rights to Carolyn have not been terminated,
and the persons who have physical custody of Carolyn have been named as parties to
this action. There are no other persons known to have or claim a right to custody or
visitation of Carolyn and therefore, no further notice of the pendency of this action and
the right to intervene shall be given, other than to the parties named herein.
21. The best interest and permanent welfare of Carolyn will be served by
granting shared legal and partial physical custody to Husband.
22. Husband and Wife are participating in the Collaborative Law Process to
establish a mutually acceptable parenting schedule which they believe will be in the best
interests of their daughter.
WHEREFORE, Plaintiff/Husband requests this Honorable Court to
enter a Decree dissolving the marriage between the Plaintiff/Husband and the
Defendant/Wife, and granting him shared legal and partial physical custody of Carolyn
H. Langner.
Respectfully submitted,
*4ka I V'4
Maryann rphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. # 61900
Attorney for Plaintiff/Husband
AFFIDAVIT
I, CHARLES H. LANGNER, JR., verify that the statements made in the
foregoing Complaint in Divorce 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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
DIANE C. LANGNER,
Defendant
:No. o6-7219 Civil Term
: IN DIVORCE/CUSTODY
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That i am an adult individual residing in Cumberland County, Pennsylvania.
2. That on December 21, 2006, I personally served the Complaint in Divorce to
Defendant's attorney, Dawn S. Sunday, Esquire, at the following address:
39 West Main Street
Mechanicsburg, PA 17055
3. That Defendant's attorney, Dawn S. Sunday, Esquire, accepted service of the
Complaint in Divorce on behalf of Defendant and signed an Acceptance of Service dated
December 21, 2oo6. The Acceptance of Service is attached hereto.
1AY) 06
Dat
Marya Murphy, Esq
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. # 61900
Attorney for Plaintiff
I . ,s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA
CIVIL ACTION - LAW
CHARMS H. LANGNER, JR.,
Plaintiff
No. 0
V.
DIANE C. LANGNER,
Defendant
IN DIVORCE/CUSTODY
ACCEPTANCE OF SERVICE
I, Dawn S. Sunday, Esquire, counsel for Defendant, Diane C. Langner, in the
Collaborative Law Process, do hereby depose and say that, on behalf of and on the
authorization of Diane C. Langner, I personally received and accepted service of a true and
correct copy of the Complaint in Divorce on the date written below.
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.
)Ooto' '24? .--
Date Dawn S. Sunday, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
DIANE C. LANGNER,
Defendant
:No. o6-7219 Civil Term
: IN DIVORCE/CUSTODY
STIPULATION FOR ENTRY OF CUSTODY ORDER
DIANE C. LANGNER (hereinafter referred to as "MOTHER"), and
CHARLES H. LANGNER, JR. (hereinafter referred to as "FATHER"), having
used the Collaborative Law Process to amicably settle and resolve the matter of
custody with respect to their daughter, CAROLYN H. LANGNER, born
September 11, 1997, hereby stipulate and agree to the entry of an Order of Court
awarding custody of CAROLYN as follows:
1. The parents agree to share legal custody of Carolyn. The parents agree
that major decisions concerning their daughter, including, but not necessarily
limited to, her health, welfare, education, religious training and upbringing shall
be made by them jointly, after discussion and consultation with each other, with a
view toward obtaining and following an harmonious policy in their daughter's
best interest.
Each parent shall notify the other of any activity or circumstance concerning
his or her daughter that could reasonably be expected to be of concern to the
other.
Day to day decisions shall be the responsibility of the parent then having
physical custody. With regard to any emergency decisions which must be made,
the parent having physical custody of Carolyn at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby. However,
that parent shall inform the other of the emergency and consult with him or her
as soon as possible.
In accordance with 23 Pa.C.S.A. Section 53og, each parent shall be entitled to
complete and full information from any doctor, dentist, teacher, psychologist,
professional or authority and to have copies of any reports or information given
to either of them as a parent as authorized by statute.
2. The parents agree that MOTHER shall have primary physical custody
of Carolyn.
3. The parents agree that FATHER shall have partial physical custody of
Carolyn for at least two (2) twenty-four (24) hour periods per month. The specific
days and times shall be mutually agreed upon by the parents.
4. MOTHER and FATHER agree to cooperate with each other in sharing
responsibility to provide care for Carolyn when she is sick and when she has a
day off from school.
5. The parents agree that MOTHER shall have Carolyn on Mother's Day
each year, and FATHER shall have Carolyn on Father's Day each year.
6. The parents agree that they shall share or alternate all other holidays as
they mutually agree.
7. MOTHER and FATHER agree that they shall each have at least two (2)
weeks of summer vacation with Carolyn each year. These weeks can be
consecutive or non-consecutive. The parents agree to give each other thirty (30)
days notice of their chosen times for vacations. In the event both parents choose
the same time, the parent who gives first notice shall prevail.
8. MOTHER and FATHER agree that they shall be flexible with this
custody schedule which can be altered or modified by their mutual agreement.
9. The parents agree that each shall be entitled to reasonable telephone
and e-mail contact with Carolyn when she is in the custody of the other parent.
lo. Both parents agree to establish a no-conflict zone for their daughter
and refrain from making derogatory comments about the other parent in the
presence of Carolyn and, to the extent possible, shall not permit third parties to
make such comments in her presence. Each parent shall speak respectfully of the
other.
The parents agree that communication should always take place directly
between the parents, without using Carolyn as an intermediary.
11. The parents agree that this Stipulation shall be submitted to the Court of
Common Pleas of Cumberland County, Pennsylvania, for approval and for entry
of an Order awarding custody as set forth herein.
12. The parents hereby request that this Honorable Court enter such an
Order which shall replace and supercede any and all prior Orders and shall
remain in full force and effect pending further Order of Court.
IN WITNESS WHEREOF, the parties have executed this Stipulation for
Entry of a Custody Order on the date indicated below.
Date Dawn S. Sunday, Esq.
4
I Date Maryann urphy, Esq.
DIANE C. LANG:
CHARLES H.
M IIUI
JAN 2 6 20 o(tr
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
DIANE C. LANGNER,
Defendant
:No. o6-729 Civil Term
IN DIVORCE/CUSTODY
ORDER OF COURT
AND NOW, this -3l?& - day of 2007, upon
consideration of the attached Stipulation for Entry of Custody Order entered into
by the parents participating in the Collaborative Law Process, IT IS HEREBY
ORDERED AND DECREED that custody of CAROLYN H. LANGNFX
born September 11, 1997, shall be as follows:
1. The parents shall share legal custody of Carolyn. Major decisions
concerning their daughter, including, but not necessarily limited to, her health,
welfare, education, religious training and upbringing shall be made by the
parents jointly, after discussion and consultation with each other, with a view
toward obtaining and following an harmonious policy in their daughter's best
interest.
Each parent shall notify the other of any activity or circumstance concerning
y
his or her daughter that could reasonably be expected to be of concern to the
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other.
Day to day decisions shall be the responsibility of the parent then having
physical custody. With regard to any emergency decisions which must be made,
the parent having physical custody of Carolyn at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby. However,
that parent shall inform the other of the emergency and consult with him or her
as soon as possible.
In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to
complete and full information from any doctor, dentist, teacher, psychologist,
professional or authority and to have copies of any reports or information given
to either of them as a parent as authorized by statute.
2. MOTHER shall have primary physical custody of Carolyn.
3. FATHER shall have partial physical custody of Carolyn for at least two
(2) twenty-four (24) hour periods per month. The specific days and times shall be
mutually agreed upon by the parents.
4. MOTHER and FATHER shall cooperate with each other in sharing
responsibility to provide care for Carolyn when she is sick and when she has a day
off from school.
5. MOTHER shall have Carolyn on Mother's Day each year, and FATHER
shall have Carolyn on Father's Day each year.
6. The parents shall share or alternate all other holidays as they mutually
agree.
7. MOTHER and FATHER shall each have at least two (2) weeks of
summer vacation with Carolyn each year. These weeks can be consecutive or non-
consecutive. The parents shall give each other thirty (30) days notice of their
chosen times for vacations. In the event both parents choose the same time, the
parent who gives first notice shall prevail.
8. MOTHER and FATHER shall be flexible with this custody schedule
which can be altered or modified by their mutual agreement.
9. The parents shall be entitled to reasonable telephone and e-mail contact
with Carolyn when she is in the custody of the other parent.
10. Both parents shall establish a no-conflict zone for their daughter and
refrain from making derogatory comments about the other parent in the presence
of Carolyn and, to the extent possible, shall not permit third parties to make such
comments in her presence. Each parent shall speak respectfully of the other.
Communication should always take place directly between the parents,
without using Carolyn as an intermediary.
ii. This Order shall replace and supersede any and all prior Custody Orders
and shall remain in full force and effect pending further Order of Court.
Distribution:
For Plaintiff: Maryann Murphy, Esquire
For Defendant: Dawn S. Sunday, Esquire
BY THE COURT:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
No.o6-7219 Civil Term
IN DIVORCE/CUSTODY
DIANE C. LANGNER,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3302(c) of the Divorce Code was filed on
December 21, 2oo6.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9o)
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 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 CftARLES H.; G R,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
No.o6-7219 Civil Term
V.
DIANE C. LANGNER,
Defendant
: IN DIVORCE/CUSTODY
W_ AIVER OF NOTICE OIF INTENTION TO REQUEST
ENTRY OF A DIVOR('E DEC E UNDER
SECTION 330(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 unworn falsification to authorities.
03L10-.
Date
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
No.o6-7219 Civil Term
V. :
IN DIVORCE/CUSTODY
DIANE C. LANGNFX :
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 21, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9o)
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 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 DIANE C. LANGNE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
No.o6-72i9 Civil Term
IN DIVORCE/CUSTODY
DIANE C. LANGNER,
Defendant
WAIVER OF NOTICE OF INTENTION TO?RFQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301[c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unworn falsification to authorities.
C
3.2S -W-)
Date DIANE C. LANGNER
cy
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35
MARITAL SETTLEMENT AGREEMENT
, 2007 by
THIS Al?tENT, made this day of
A 4
and between CHARLES H. LANGNER, JR. of t e and County,
Pennsylvania (hereinafter referred to as CHARLIE), and DIANE C.
LANGNER of Cumberland County, Pennsylvania (hereinafter referred
to as DIANE),
W==M, DIANE and CHARLIE were lawfully married on July 10,
1993 in Cumberland County, Pennsylvania; and
10=2 .AS, one (1) child was born of this marriage, namely:
CAROLYN LANGNER, born September 11, 1997; and
1. AS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of CHARLIE and DIANE to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and
property rights and obligations as between each other, including
without limitation by specification: the settling of all matters
between them relating to the ownership and equitable distribution
of real and personal property; the settling of all matters between
them relating to past, present and future support and alimony; the
settling of all matters between them relating to the minor child's
maintenance; and in general, the settling of any and all claims by
one against the other or against their respective estates; and
1
WHEREAS, DIANE and CHARLIE and their respective counsel
entered into a Collaborative Law Participation Agreement dated
December 11, 2006, and have used the Collaborative Law Process in
negotiating this Agreement.
NOW, TSEREFiOM, 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, CHARLIE and
DIANE, each intending to be legally bound, hereby covenant and
agree as follows:
1. Separation: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2. Interference: Each party shall be free from
interference,' authority, and contact by the other, as fully as if
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 cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart.
2
3. Subsequent Divorce: The parties acknowledge that
CHARLIE filed a Complaint in Divorce in Cumberland County,
Pennsylvania, on December 21, 2006, claiming that the marriage is
irretrievably broken under the no-fault mutual consent provision
of Section 3301(c) (d) of the Pennsylvania Divorce Code. DIANE
agrees to consent to the divorce and to execute an Affidavit of
Consent and a Waiver of Notice so that a Decree in Divorce can be
entered by the Court. The parties hereby waive all rights to
request Court-ordered counseling under the Divorce Code. It is
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.
Should a decree, judgment or order of separation or divorce
be obtained by either of the parties in this or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that
nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any
term of this Agreement. It is specifically agreed that a copy of
this Agreement, or the substance of the provisions thereof, may be
incorporated by reference, but not merged, into any divorce,
3
judgment or decree. It is the specific intent of the parties to
permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the parties.
4. Date of Execution: The "date of execution" or
"execution date" of this Agreement shall be defined as the day
upon which it is executed by the parties if they have each
executed the agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this
Agreement.
5. Distribution Date: The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
6. Mutual. Release: DIANE and CHARLIE 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 any and all rights, title and
interests, or claims in or 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
situate, which he or she now has or at any time hereafter may have
against the other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, agreements or
liabilities of such other or by way of dower or curtesy, or claims
4
in the nature of dower or curtesy 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 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 maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses,
whether arising as a result of the marital relations or otherwise,
except, all rights and obligation of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provisions thereof.
It is the intention of CHARLIE and DIANE 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, personal or mixed, which the other now owns or
may hereafter acquire, except and only except all right 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
5
constitute a full and final resolution of any and all claims 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 Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
7. Advice of Counsel: The provisions of this Agreement
and their legal effect have been fully explained to DIANE by her
attorney, DAWN S. SUNDAY, ESQUIRE, and to CHARLIE by his attorney,
MARYANN MURPHY, ESQUIRE.
DIANE and CHARLIE acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily 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. The parties further acknowledge that,
pursuant to their Collaborative Law Participation Agreement, 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 he or she has 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
6
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 obligation arising out of this
Agreement.
9. EXISTING =TS. The parties acknowledge that the
following is a complete list of their marital debts:
(a) The joint mortgage on the Marital Residence
located at 2190 Brunswick Avenue, Mechanicsburg, Cumberland
County, Pennsylvania, with an approximate balance of $176,889.00
as of November 2, 2006;
(b) The joint loan on the 2007 Honda with an
approximate balance of $9,778.00 as of November 1, 2006; DIANE
agrees to be solely and exclusively responsible for the balance on
the loan on the 2007 Honda and shall satisfy the remaining balance
at the time of settlement on the sale of the Marital Residence.
DIANE agrees to indemnify CHARLIE and hold him harmless from any
and all liability for same.
The parties agree that there are no other marital debts.
10. Warranter as to Future M21gations: DIANE and CHARLIE
each 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.
11. Marital Residence: The parties own, as tenants by the
entireties, real property located at 2190 Brunswick Avenue,
Mechanicsburg, Cumberland County, Pennsylvania ("Marital
Residence"). DIANE and CHARLIE agree that the Marital Residence
shall be placed on the market for sale with a mutually agreed upon
realtor.
During March 2007, DIANE and CHARLIE agree that CHARLIE will
pay the mortgage through the joint Integrity account and Diane
will pay the remaining household expenses through her individual
funds. Beginning in April 2007 and continuing until settlement on
the sale of the Marital Residence, CHARLIE agrees to be
responsible for payment of the mortgage, DIANE agrees to be
responsible for payment of the electric, gas, and water/sewer
bills, and the parties agree to equally share responsibility for
payment of the costs of lawn maintenance. These expenses shall be
paid from the joint Integrity account. Each party shall ensure
that there are sufficient funds in the joint Integrity account to
cover the expenses for which he or she is responsible.
8
The parties agree that the net proceeds from the sale of the
Marital Residence shall be apportioned between them using the
formula set forth in this provision. "Net Proceeds" are defined
as the total sale price minus all costs of sale, including the one
percent transfer tax and real estate commission, and the
outstanding balance on the Wells Fargo mortgage.
At such time as the Marital Residence is sold and the amount
of the Net Proceeds is determined, CHARLIE and DIANE agree to
execute an Addendum to this Agreement reflecting the actual
calculation of funds to be distributed and child support credit to
be established pursuant to the formula.
The parties' intent is to equally divide the Net Proceeds and
the value of their combined retirement /pension benefits, but to
distribute all except $10,000.00 of CHARLIE's one-half share in
the net proceeds to DIANE, with the amount in excess of DIANE's
one-half share to constitute a pre-payment of child support, for
which CHARLIE would receive a credit.
Beginning at the time of the first two hundred dollar
($200.00) per month payment for the support of Carolyn, CHARLIE's
monthly credit shall be calculated by dividing the total credit
amount by the number of months until Carolyn reaches the age of
eighteen (18) years and graduates from high school, whichever
shall last occur.
The foregoing distribution shall be calculated as follows:
9
1. Add $191,934.31 (the combined value of the parties'
retirement/pension benefits) plus the Net Proceeds from the sale
of the Marital Residence to obtain the total value of the
retirement and real estate marital assets.
2. Divide the total value equally between the parties to
determine each party's "Total Distribution".
A. Credit CHARLIE with $68,405.93 (the value of the
retirement benefits currently in his name) and a $10,000.00
distribution from the Net Proceeds, if the total Net Proceeds
equal $100,000.00 or less, for a total of $78,405.93. The
difference between CHARLIE's Total Distribution and $78,405.93
shall constitute CHARLIE's child support credit. If the total Net
Proceeds exceed $100,000.00, CHARLIE shall receive $10,000.00 plus
one-half of the amount in excess of $100,000.00 and the child
support credit shall be the difference between CHARLIE"s Total
Distribution and $68,405.93 plus the Net Proceeds paid to CHARLIE.
B. Credit DIANE with $123,528.38 (the value of the
retirement/pension benefits currently in her name). The
difference between DIANE's Total Distribution and $123,528.38
shall constitute DIANE's share of equitable distribution from the
Net Proceeds. The amount of the Net Proceeds distributed to DIANE
which exceeds her equitable distribution share shall constitute
CHARLIE's child support credit.
10
12. Personal Property: CHARLIE and DIANE agree that
they shall divide all of their personal property between
themselves. In the event they are unable to do so, the parties
agree to return to the Collaborative Law Process or participate in
mediation to resolve this matter.
DIANE and CHARLIE agree that this division of property is
mutually acceptable to them, and they both waive their rights to
have the personal property appraised. Neither party shall make any
claim to any such item of marital property, or of the separate
personal property of either party, except as provided for in this
Agreement. Should it become necessary, the parties each agree to
sign, upon request, any titles or documents necessary to give
effect to this paragraph.
13. Bank Accounts: The parties acknowledge that they have
joint checking and savings accounts at Integrity Bank. There are
no other joint accounts. DIANE and CHARLIE agree that each shall
retain any individual accounts as her or his sole and separate
property. The parties agree to deposit refunds from their State
Farm Insurance whole life policy and from their 2006 income tax
returns into the joint Integrity checking account. After
settlement on the sale of the Marital Residence, DIANE and CHARLIE
agree to equally divide any remaining funds in the joint bank
accounts and to close them.
11
14. Pension/Retirement Benefits: The parties acknowledge
that both have retirement benefits as follows:
(a) Vanguard IRA in DIANE's individual name with an
approximate balance of $34,608.00 as of September 30, 2006;
(b) Pennsylvania Medical Society 401(k) Plan in
DIANE's individual name with an approximate balance of $66,150.00
as of September 30, 2006;
(c) Ameriprise IRA in DIANE's individual name with an
approximate balance of $4,354.00 as of September 30, 2006;
(d) Pennsylvania Medical Society Pension Plan in
Diane's individual name with an approximate present value
$18,414.00 as of December 6, 2006;
(e) Harristown Development Corp. 401(k) Plan in
CHARLIE's individual name with an approximate balance of
$68,450.00 as of December 6, 2006.
The parties agree that they shall equally divide the value of
the retirement accounts, through distribution of the Net Proceeds
from the sale of the Marital Residence and attribution of a child
support credit to CHARLIE using the formula set forth in paragraph
11 of this Agreement. Each party shall become the sole and
exclusive owner of the retirement/pension accounts currently in
his or her individual name as specified above in this provision.
15. Certificate of Deposit: DIANE and CHARLIE acknowledge
12
that they are the joint owners of a Members First Certificate of
Deposit which matures on July 19, 2007 and had an approximate
balance of $9,600.10 as of November 24, 2006. The parties agree
that they shall equally divide the balance on the CD within 14
days of the maturity date.
16. Motor Velucles:The parties agree that DIANE shall have
sole and exclusive ownership and possession of the 2007 Honda
currently in joint names. At the time of execution of this
Agreement, CHARLIE agrees to execute a document granting DIANE a
limited Power of Attorney for the express purpose of signing over
the title to the Honda from joint names to DIANE's sole name upon
satisfaction of the outstanding loan thereon. DIANE agrees to
assume full responsibility for the payment of the loan and shall
pay the outstanding balance in full at the time of settlement on
the sale of the Marital Residence. DIANE agrees to assume full
responsibility for the payment of any insurance premiums
associated with the vehicle.
The parties agree that CHARLIE shall have sole and exclusive
ownership and possession of the 2003 Toyota Camry, currently in
his name. CHARLIE agrees to assume full responsibility for the
payment of the loan and insurance premiums associated with the
vehicle.
13
17. After Acquired Personal Property: Each of the
parties shall hereafter own and enjoy, independently of any claims
or right of the other, all items of personal property, tangible or
intangible, 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.
18. Applicability of Tax Law to Property Transfers: The
parties hereby agree and express their intent that any transfers
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of said Act pertaining to
transfers of property between spouses or former spouses. The
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.
19. Waiver of Spousal Support, Alimony, Alimony Pendente
Lite and Legal Fees: CHARLIE and DIANE waive any rights they may
have to spousal support, alimony and alimony pendente lite. The
parties agree that CHARLIE shall be responsible for paying both
parties' attorneys' fees through settlement on the sale of the
Marital Residence, including preparation of the Addendum and
14
execution thereof. CHARLIE will use the joint Integrity checking
account to pay the attorneys' fees.
20. Child Support and Separate Property: Commencing in
March 2007 and continuing until settlement on the sale of the
Marital Residence, CHARLIE agrees to pay to DIANE the sum of four
hundred dollars ($400.00) per month for Carolyn's support.
CHARLIE shall mail these payments by the eighth day of each month.
After settlement on the sale of the Marital Residence, CHARLIE
agrees to pay to DIANE the sum of two hundred dollars ($200.00)
per month for Carolyn's support, which payments shall continue
until Carolyn reaches the age of eighteen (18) years and graduates
from high school, whichever shall last occur. These payments
shall be in addition to the child support credit attributed to
CHARLIE in provision 11 of this Agreement and the Addendum hereto.
In addition to the child support credit and monthly support
payments, the parties agree that major expenses for Carolyn, such
as orthodontia, extraordinary medical costs, college applications
and similar expenses shall be shared equally between the parties.
CHARLIE agrees to either pay his one-half share of such major
expenses directly to the entity charging the expense or as
reimbursement to DIANE, if DIANE pays the total expense initially,
within 14 days of receipt of DIANE's request and documentation
therefore.
15
In the event DIANE believes that an increase in the agreed
upon amount of support is warranted, she agrees to first attempt
to negotiate a modified amount with CHARLIE. If the parties are
unable to reach agreement within thirty (30) days: DIANE shall
file a Complaint in Support at the Domestic Relations Office;
CHARLIE agrees to continue to pay $200.00 per month until the
support conference is held; and DIANE agrees to credit CHARLIE
with these payments.
In the event CHARLIE believes that a decrease in the agreed
upon amount of support is warranted, he agrees to first attempt
to negotiate a modified amount with DIANE. If the parties are
unable to reach agreement within thirty (30) days: DIANE agrees
to file a Complaint in Support at the Domestic Relations Office;
CHARLIE agrees to continue to pay $200.00 per month until the
support conference is held; and DIANE agrees to credit CHARLIE
with these payments.
CHARLIE and DIANE agree that CHARLIE will pay the costs of
Carolyn's airfare for agreed upon trips between Pennsylvania and
Florida. Until the parties agree that Carolyn is old enough to fly
unaccompanied, the parties agree that they will each accompany
Carolyn on one-half of her trips between Pennsylvania and Florida,
and will each pay the costs of their own travel for purposes of
accompanying Carolyn on those trips.
16
CHARLIE and DIANE agree that the Members First Certificate of
Deposit which will mature on June 7, 2007 in the approximate
amount of $1,000.00, the U Promise account, and the Members First
Savings Account (approximate balance of $127.73 on September 24,
2006) shall continue to be held on Carolyn's behalf and for her
sole benefit. The parties agree that Carolyn's Columbia Management
Investment account (approximate balance of $5379.59 on September
29, 2006) shall be liquidated and the funds therein shall be
invested in a Vanguard Mutual Fund selected by agreement for
Carolyn's benefit. The parties agree that DIANE shall be
designated as the custodian on the Vanguard account.
21. Life Insurance: Until Carolyn reaches the age of
eighteen (18) and graduates from high school, whichever shall last
occur, CHARLIE agrees to maintain life insurance in the minimum
amount of $100,000.00 for Carolyn's benefit with DIANE designated
as beneficiary (and Diane's father as alternate beneficiary) and
DIANE agrees to maintain life insurance in the minimum amount of
$100,000.00 for Carolyn's benefit, with CHARLIE designated as
beneficiary (and DIANE's sister as alternate).
22. Medical Insurance: DIANE agrees that she shall provide
medical, dental, and vision insurance for Carolyn for so long as
she is able to do so by law and it is available to her at a
reasonable cost through her employer. In the event DIANE's
17
premium for Carolyn's coverage exceeds the current cost of
Carolyn's coverage on the execution date of this Agreement, the
excess charge shall be shared equally between the parties.
23. Income Tax: CHARLIE and DIANE agree that they will
file joint state and federal income tax returns for the 2006 tax
year and ant refunds thereon shall be deposited into the joint
Integrity checking account. The parties agree that DIANE will
claim Carolyn for income tax purposes beginning in the 2007 tax
year unless otherwise agreed between the parties. The parties
agree that CHARLIE shall be entitled to take the deduction for
mortgage interest paid on the marital residence in the 2007 tax
year.
24. Full Disclosure: DIANE and CHARLIE each represent
and warrant to the other that he or she has made a full and
complete disclosure to the other of all assets of any nature
whatsoever and of every type whatsoever in which such party has an
interest, and of all other facts relating to the subject matter of
this Agreement.
25. Disclosure and waiver of Procedural Rights: Each party
understands that he or she has the right 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, and that each party has the right to have all such
18
property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have the Court hold
hearings and make decisions on the matters covered by this
Agreement. Both parties understand that a Court decision
concerning the parties' respective rights and obligations might be
different from the provisions of this Agreement.
Both parties waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement
of all marital and separate property as defined by the
Pennsylvania Divorce Code;
b. The right to obtain an Income and Expense
Statement of the other party as provided by the Pennsylvania
Divorce Code;
C. The right to have the Court determine which
property is marital and which is non-marital and equitably
distribute between the parties that property which the Court
determines to be marital;
d. The right to have the Court decide any other
rights, remedies, privileges, or obligations covered by this
Agreement, including but not limited to, possible claims for
divorce, spousal support, alimony, alimony pendente lite, counsel
fees, costs and expenses.
26. Waiver or Modification to be in Writsng: No
modification or waiver of any of the terms hereof shall be valid
19
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.
27. Mutual Cooperation: Each party shall, at any time and
from time to time hereafter, 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.
28. App.11cable Lawl Jurisdiction: This Agreement shall be
construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of execution of
this Agreement. DIANE and CHARLIE agree that jurisdiction for
purposes of child support and child custody shall be determined by
Carolyn's primary residence.
29. Agreement Binding on Heirs: This Agreement shall be
binding and shall inure to the benefits of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
30. 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.
20
31. Other Documentation: CHARLIE and DIANE covenant and
agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or
such other writings as may be necessary or desirable for the
proper effectuation of this Agreement.
32. No Waiver on Default: This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either
party to insist upon strict performance of any of the provisions
of this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
33. Severability: 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. Likewise, the
failure of any party to meet his or her obligation under any one
or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
21
alter the remaining obligations of the parties.
34. Enforcement of Agreement: If either party believes
that the other party has breached any provision of this Agreement,
the parties agree to return to the Collaborative Law Process to
resolve the issue. If the parties are unable to resolve the issues
through the Collaborative Law Process, a 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. The party breaching this contract shall be responsible
for payment of reasonable legal fees and costs incurred by the
other in enforcing their rights under this agreement.
35. Headings Not Part of Agreement: Any heading preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
IN WITNESS WEEREOF, the parties hereto have set their
hands and seals this day and year first above written
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1ADOe Maryan Murp y, E q. CHARLES H. ,
A c C W?4?4-
"?a`te Dawn S. Sunday, Esq DIANE C. LANGNER
22
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ADDENDUM TO MARITAL SETTLEMENT AGREEMENT
THIS ADDENDUM TO MARITAL SETTLEMENT AGREEMENT
(hereinafter referred to as "Addendum") is made this 9 day of
"?l i A .9 2007, by and between CHARLES H. LANGNER, JR.
TV—
(hereinafter referred to as "CHARLIE"), and DIANE C. LANGNER
(hereinafter referred to as "DIANE").
AV rNESSETH:
WHEREAS, the parties are husband and wife, having been married on
July 10,1993; and
WHEREAS, Charlie and Diane have one child, Carolyn, born on
September 11, 1997; and
WHEREAS, Carolyn will be in fourth grade in the 2007-2008 school
year; and
WHEREAS, Charlie filed a Complaint in Divorce on December 21, 2006;
and
WHEREAS, Charlie and Diane participated in the Collaborative Law
Process to resolve their outstanding matters; and
WHEREAS, a Marital Settlement Agreement was executed by the parties
on February 26, 2007; and
WHEREAS, under paragraph 11 of the Marital Settlement Agreement,
Charlie and Diane agreed to equally divide their retirement/pension benefits and
the net proceeds from the sale of the marital residence.
WHEREAS, paragraph 11(1) of the Marital Settlement Agreement states
that the combine value of the parties' retirement/pension benefits is $191,934.31;
and
WHEREAS, paragraph 11(2) (A) (B) of the Marital Settlement Agreement
states that Charlie will be credited with $68,405.93, the value of the retirement
benefits currently in his name; and Diane will be credited with $123,528.38, the
value of the retirement benefits currently in her name; and
WHEREAS, under the terms of the Marital Settlement Agreement,
Charlie agreed to pay Diane a portion of his share of the retirement/pension
benefits and the net proceeds from the sale of the marital residence as a pre-
payment towards his child support obligation; and
WHEREAS, under the terms of the Marital Settlement Agreement, Diane
agreed to credit Charlie with the amount of his pre-payment in the event she files
a Complaint in Support at the Domestic Relations Office; and
WHEREAS, under paragraphs 11 and 20 of the Marital Settlement
Agreement, Charlie and Diane agreed to execute an Addendum after the marital
residence was sold to calculate the funds distributed to each party and the
monthly child support credit due to Charlie; and
WHEREAS, the marital residence was sold on April 20, 2007.
NOW THEREFORE, the parties, in consideration of the covenants and
agreements herein contained in this Addendum, and intending to be legally
bound hereby, agree as follows:
1. RECITALS All of the foregoing premises are true and
correct, and are incorporated by reference in this Addendum.
2. REPRESENTATION BY COUNSEL The provisions of
this Addendum have been fully explained to Diane by her
attorney, Dawn S. Sunday, Esquire, and to Charlie by his
attorney, Maryann Murphy, Esquire.
3. DISTRIBUTION AND CREDIT
(A) The value of Charlie's retirement benefits was calculated
to be $68,450.93• The parties acknowledge and confirm
that $68,450.93 is the correct value for Charlie's
retirement benefits as reflected in paragraph 14(e) of the
Marital Settlement Agreement. The parties agree that
the $68,405.93 figure reflected in paragraph 11(2) (A) of
the Marital Settlement Agreement is a typographical
error which is hereby corrected. The value of Diane's
retirement benefits was calculated to be $123,528.38.
(B) The combined value of the parties' retirement/pension
benefits is $191,979.31. The parties acknowledge and
confirm that $191,979.31 is the correct value for the
parties' retirement/pension benefits. The parties agree
that the $191,934.31 figure reflected in paragraph 11(1)
of the Marital Settlement Agreement is an error which is
hereby corrected. The net proceeds from the sale of the
Marital Residence are $92,095.46• The total amount to
be distributed is $284,074.77. One-half of this amount
is $142,037.38.
(C) Charlie received $10,000.0o from the sale of the marital
residence at the time of settlement.
(D) Charlie's total child support credit is $63,586.45
($142,037.38 - $68,450.93 - $10,000.00).
(E) Carolyn will be 18 years old on September 11, 2015 and
will graduate from high school in June of 2016.
(F) There are 109 months from May 1, 2007 until June 1,
2016 during which Charlie has a child support
obligation.
(G) Charlie's child support credit is $583.36 per month from
May 1, 2007 until June 1, 2016.
(H) Diane agrees to credit Charlie with payments of $583.36
per month from May 1, 2007 until June 1, 2016 if she
files a Complaint in Support at the Domestic Relations
Office.
4. FREELY ENTERING AGREEMENT Each party hereby
acknowledges that he or she has given full consideration to
the distribution of the retirement/pension benefits and the
net proceeds from the sale of the marital residence, and the
calculation of monthly child support credit due Charlie.
Charlie and Diane are entering into this Addendum freely,
voluntarily and with full understanding of all of its
provisions. Each party considers the provisions of this
Addendum to be fair, just and reasonable. The parties
acknowledge that this Addendum is not the result of any
duress or undue influence by anyone and it is not the result
of any collusion or improper or illegal agreements.
5. APPLICABLE LAW Regardless of where the parties may
reside or be domiciled in the future and regardless of the
situs of any child support enforcement agency, the parties'
rights under this Addendum, and the interpretation of this
Addendum, shall be construed under the laws of the
Commonwealth of Pennsylvania in effect as of the date of
this Addendum. The parties acknowledge that the law of the
Commonwealth of Pennsylvania might change, but
nevertheless desire that any Court interpreting this
Addendum interpret it according to the laws of the
Commonwealth of Pennsylvania in effect as of the date of the
execution of this Addendum. The parties agree to litigate any
matter involving this Addendum including, but not limited
to, the parties' rights under this Addendum, and the
interpretation of this Addendum, in the Commonwealth of
Pennsylvania. The Commonwealth of Pennsylvania shall
retain jurisdiction of all issues arising under this Addendum.
6. FILING AND INCORPORATION OF ADDENDUM
This Addendum can be filed at the Office of the Prothonotary
Cumberland County, Pennsylvania along with the Marital
Settlement Agreement dated February 26, 2007 at the time
the divorce is finalized. The Addendum shall be
incorporated, but not merged, into the Decree in Divorce.
7. REAFFIRMATION The parties reaffirm their agreement
with all of the terms, conditions, clauses and provisions of
the Marital Settlement Agreement dated February 26, 2007.
8. AGREEMENT BINDING ON HEIRS This Addendum
shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, next-of-kin, devisees,
legatees, beneficiaries, appointees, executors,
administrators, personal representatives and assigns.
9. MODIFICATION This Addendum may not be modified
except by a written instrument signed by both of the parties
and acknowledged by each of the parties before a notary
public or other office qualified to administer oath.
10. WAIVERS The waiver of any provision of this Addendum
by either party, or the failure of either party to exercise or
enforce any provision of this Addendum, shall not prevent
that party from exercising or enforcing that provision or any
other provision of this Addendum at any other time.
ii. LEGAL FEES . Each party shall pay his or her own legal
fees for the preparation and completion of this Addendum.
However, if either party should unsuccessfully contest the
validity or binding effect of this Addendum or any provision
of this Addendum, that contesting party shall pay the
reasonable legal fees and other expenses which the other
party may incur in defending the validity and binding effect
of this Addendum and all of its provisions.
12. SEVERABILTTY If any term, condition, clause or provision
of this Addendum 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 Addendum. In
all other respects, this Addendum shall be valid and continue
in full force, effect, and operation.
13. INTEGRATION Each party hereby covenants or warrants
that this Addendum, which incorporates by reference the
terms, conditions, clauses and provisions of the Marital
Settlement Agreement dated February 26, 2007, contains all
the representations, promises and agreements made by
either of them to the other, but there are no claims,
promises, or representations not herein contained, either
oral or written, which shall or may be charged or enforced or
enforceable unless reduced to writing and signed by both of
the parties hereto.
IN WrMESS WHEREOF, the parties have set their hands and seals the
day and year aforesaid.
UIqlW-)
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Date Diane C. Langnez ess
t t Date Charles H er r. itn
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES H. LANGNER, JR.,
Plaintiff
V.
: No. o6-7219 Civil Term
: IN DIVORCE/CUSTODY
DIANE C. LANGNER,
Defendant
PRAECIPE TO TRANSMIT RECORD
To The Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section 3301(c of the
Divorce Code.
2. Date and Manner of service of the Complaint: Personally sewn Dawn S.
Sunday, Esquire, counsel for Defendant, on December 21,, 2o06 Acceptance of Service
dated December 21, 20o6, signed by Dawn S. Sunday, Esquire, filed on December 27, 20o6
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff, March 26, 2007; by Defendant, March 25, 2007.
(b)(1) Date of execution of the Plaintiffs Affidavit required by Section 330i(d) of the
Divorce Code: NIA.
(2) Date of filing and service of the Plaintiffs Affidavit upon Defendant: N/A.
4. Related claims pending: All claims have been resolved by the Marital
Settlement Agreement dated FebruaEy 26, 20o7 and the Addendum to Marital Settlement
Agreement dated June , 2007.
b
5. Complete either paragraph (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to
Transmit Record, a copy of which is attached: N/A.
(b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: April 4. 200:Z.
Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: April 4, 2007.
a
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Maryann urphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. #61goo
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CHARLES H. LANGNER, JR.
Plaintiff
VERSUS
DIANE C. LANGNER,
Defendant
No. v6-:519 C-1v Ter-fa
DECREE IN
DIVORCE
AND NOW, Tteze-. 19 2007, IT IS ORDERED AND
DECREED THAT CHARLES H. LANGNER., JR.PLAI NTI FF,
AND
DIANE C. LANGNER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marital Settlement Agreement, dated February 26, 2007 and
the Addendum to Marital Settlement Agreement, dated June 9, 2007,
are hereby incorporated, but not merged, into the Divorce Decree.
. . ? BY THE COURT: -
ATTEST:
J.
PROTHONOTARY
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