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HomeMy WebLinkAbout02-2978VICKIE IC WIDMANN, Plaintiff V. JOHN J. WIDMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: John J. Widmann 235 N. Locust Point Road, Apt. 4 Mechanicsburg, PA 17050 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the man'iage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Document #: 235764.1 VICKIE K. WIDMANN, Plaintiff V. JOHN J. WIDMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. CIVIL ACTION - IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE COUNT I -DIVORCE 1. Plaintiff is Vickie K. Widmann, who currently resides a~ 39 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff's social security number 205-56- 8228. 2. Defendant is John J. Widmann, who currently resides at 235 N. Locust Point Road, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant's social security number is 200-50-6684. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 21, 1981, in Cumberland County, Pennsylvania. The parties separated on January 1, 2002. 5. There have been no prior actions of Divome or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. Document #: 235764,1 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff, Vickie K. Widmann, requests the Court to enter a Decree in Divorce and such other orders as may be just and appropriate. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #: 235764.1 VERIFICATION I, Vickie K. Widmann, do hereby verify that the facts set forth in the foregoing Complaint are U'ue and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Vickie K. Widmaun Document #: 235764.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKIE K. WIDMANN, Plaintiff VS. JOHN J. WIDMANN, Defendant NO. 02-2978 Civil Term CIVIL ACTION - LAW PROOF OF SERVICE BY MAIL I, Steven C. Courtney, Esquire, do hereby certify that on July 2, 2002, a copy of the Court of Common Pleas Complaint filed in the above referenced matter was served upon the following person(s) by certified mail, as is evidenced by the Certified Mail Return Receipt attached hereto. John J. Widmann 235 N. Locust Point Road, Apt. 4 Mechanicsburg, PA 17050 Dated: July 8, 2002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY: Harrisburg, PA 17110 Telephone No. (717) 238-8187 I.D. No. 74669 Document #: 237289.1 Atso complete · is desired. ire,ri' - · lnd address on the re. verse _ ~ · ~ D. Is delivery if YES, enter ~ l.~eAddressedt~: ,, . -- F1 ExpreSs Mait .  uguSt 2001 -- VICKIE K. WIDMANN, Vo JOHN J. WIDMANN, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 20, 2002, and served upon Defendant on July 2, 2002. Affidavit of Service filed July 10, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Vickie K. Widmann Document #: 262976.1 VICKIE K. WIDMANN, JOHN J. WIDMANN, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 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 conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately at~er it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Vickie K. Widmann Document #: 262976.1 VICKIE K. WIDMANN, Vo JOHN J. WIDMANN, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 20, 2002, and served upon Defendant on July 2, 2002· Affidavit of Service filed July 10, 2002· 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 effidavit are mm and correct. I understand that false statements herein are made subject t~ the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. .~ Jo~. W~dmann - Document #: 262976.1 VICKIE K. WIDMANN, Vo JOHN J. WIDMANN, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. division 2. I understand that I may lose rights concerning alimony, 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. § 4904 relating to unswom falsification to authorities. f~idr~an~ Document #: 262976.1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this y_ora~ day of /c/,,/,;~_at:{ ,2003, by and between Vickie K. Widmann (hereinafter "Wife") of 39 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania, and John J. Widmann (hereinafter "Husband") of 235 North Locust Point Road, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on December 21, 1981, in Cumberland County, Pennsylvania; and WHEREAS, four children were bom of the marriage, Nicholas Widmann (d.o.b. 9/7/82), Mark Widmann (d.o.b. 4/25/86), Nathan Widmann (d.o.b. 11/1/87), and Cory Widmann (d.o.b. 7/23/94); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 02-2978; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and WHEREAS, the parties desire to provide for the custody of their minor children. Document #: 243371 NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and ail claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all fights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Document #: 243371 -2- will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 39 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania, 17013 ("marital residence"). Said property is encumbered by a first and second mortgage. The first mortgage is owned by Sovereign Bank. The second mortgage is owned by Commerce Bank. In consideration of the mutual promises of the parties, it is agreed as follows: (a) The parties will sell the property owned as tenants by the entireties and located at 39 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania, 17013. (b) All proceeds from the sale of the marital residence will be used to pay offthe first and second mortgages and outstanding debts to Fulton Bank, MasterCard and Home Depot. (c) Any proceeds from the sale of the marital residence which remain after the payment of said debts will be split equally 50/50 to Husband and Wife. Document #: 243371 -3- 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 1990 Jeep Wrangler in his possession. Wife shall retain sole and exclusive ownership of the 1993 Eagle Vision in her possession. Husband and Wife agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles, and documents necessary, to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage with the exception of the following: (a) (b) Account Chase MasterCard Capital One VISA Wife agrees to be solely liable and pay off the Chase MasterCard. solely liable and pay offthe Capital One VISA. Approximate Balance Due $5000.00 $4000.00 Husband agrees to be Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. -4- Document #: 243371 8. RETIREMENT BENEFITS During the marriage, Husband acquired a retirement/pension/profit sharing/401K plan with his employer, Super Value. The value of the 401K profit sharing as of December 26, 2002 is $23,226.63, of which Wife will receive a lump sum of $11,613.32, through a Qualified Domestic Relations Order. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement.. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or fights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all fights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. In addition, Husband agrees to provide health insurance to Wife through his employment at Wife's own expense through COBRA for one year from the date the divorce is final. Document #: 243371 -5- 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 13. INVESTMENTS Husband and Wife agree that their Fidelity and Solomon Smith Bamey investments will be cashed in at a time which is agreed upon by both parties when the market conditions are favorable and the proceeds will be equally divided. 14. CHILD SUPPORT AND CUSTODY Husband agrees to pay child support in the amount of ~,~:.ne H',:.~?,.rcd Six and ~Z/'I'00 ($906-.gZ-)4)ollars a month until such time as all children reach the age of majority and/or become emancipated. This rate is subject to change as each child reaches the age of maturity or become emancipated. Child support will commence upon the sale of the marital residence. In addition, Husband agrees to provide health insurance for the children. The parties shall share legal custody of the minor children. Wife shall have primary physical custody of the children with Husband having visitation according to the following schedule: Document #: 243371 -6- parties. Pick up minor children on days off and any additional days at the discretion of both The parties have agreed that holidays will be alternated as the parties agree. 15. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 16. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the oppommity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 17. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 18. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. Document It: 243371 -7- As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 19. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 20. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. 21. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 22. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. Document #: 243371 -8- 23. 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, warranties, covenants, or promises other than those expressly set forth in this Agreement. 24. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 25. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 26. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement fxeely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 27. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 28. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. Document ii: 2433 71 -9- IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: Vickie K. Widmann /Joh . W dmann Document #: 243371 -10- COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF '--~aoPf/t~ : On this, the.7~o-~ay of ~~290~, before mc, the undersigned officer, personally appeared Vickic K. Widmann, known to me or satisfactorily proven to bc the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed thc same for the purposes therein contained. IN WI3~IESS WHEREOF, I hereunto set my hand and official seal. · [ NOTARIAL SEAL I CAROL A. LYTER, Notary Public I City of Harrtebta~ I:)ll~l:~n County I My Commission Expires Dec. 28, 2004 My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF : SS On this, the ~ day of YKO_.,cc_J~ , 20~'-~, before me, the undersigned officer, personally appeared John J. Widmann, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Document #: 243371 Notarial Seal ! Shannon Cramer, Notary Public I Silver Spring Twp., Cumberland County [ My Commission Expires Oct. 11, 2004 Member, Pennsylvania AsSociation ct Notaries VICKIE K. WIDMANN, JOHN J. W-IDMANN, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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· Date and manner of service of Complaint: A Complaint in Divorce was filed on June 20, 2002, and served on Defendant, John J. Widmann, on July 2, 2002, by certified mail, return receipt requested. A Proof of Service was filed on July 10, 2002. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff: Defendant: March 28, 2003, filed March 31, 2003 March 28, 2003, filed March 31, 2003 (b)(1) Date of execution of Plaimiff's Affidavit required by Section 3301 (d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA 4. Complete the appropriate paragraphs: Document #: 266471.1 (b) (c) (d) Related claims pending: None Claims withdrawn: None Claims settled by agreement of the parties: All State whether any written agreement is to be incorporated into the Divorce Decree: Yes. Attached to Decree in Divorce. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Service: NA Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 31, 2003 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 31, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C7 Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff Document #: 266471.1 VICKIE K. WIDMANN, Vo JOHN J. WlDMANN, Plaintiff · : : : Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE day of _~,l~ '~ ,2003, I, Andrew C. Spears, Esquire, of NOW, this Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Vickie K. Widmann, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John J. Widmann 235 North Locust Point Road, Apt. 4 Mechanicsburg, PA 17050 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spears Document #.. 266471.1 IN THE COURT OF COMMON VICKIE K. WIDMANN, Plaintiff VERSUS JOHN J. WIDMANN, Defendant OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. PLEAS 02-2978 Civil Term DECREE IN DIVORCE AND NOW, , 2003 , lt IS ORDERED AND DECREED THAT VICKIE K. WIDMANN , PLAINTIFF, AND JOHN J. WIDMANN , DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATriMONY. THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: PROTHONOTARY VICKIE K. WIDMANN, JOHN J. WIDMANN, Plaintiff : : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE PRAECIPE TO INCORPORATE AGREEMENT TO THE PROTHONOTARY: Kindly incorporate, but do not merge, the attached Amendment to Marital Settlement Agreement with the Divorce Decree dated April 15, 2003: Plaintiff Vickie K. Widmann and Defendant John J. Widmann were parties to a divorce action filed in the Court of Common Pleas of Cumberland County on June 20, 2002 at Docket No. 02-2978. A divorce was finalized on April 15, 2003. A copy of the Decree in Divorce is attached hereto as Exhibit A. Plaintiff and Defendant signed a Marital Settlement Agreement on March 20, 2003 resolving their respective financial property rights and obligations between each other incident to their marriage. There has been a change in circumstances such that the parties wish to amend the Marital Settlement Agreement signed on March 20, 2003. The parties have signed and executed an i~nendment to Marital Settlement Agreementdated ,,~ 3IOV a~OtJ.9 It is the intention and wish of the parties that this Amendment to Marital Settlement Agreement be incorporated, but not merged, into the Divorce Decree dated April 15, 2003. WHEREFORE, Plaintiff and Defendant respectfully request that the Amendment to Marital Settlement Agreement dated ~/a A/0 V. aq 0 0 ~ be incorporated, but not merged, into the Divorce Decree dated April 15, 2003. METZGER, WlCKERSHAM, KNAUSS & ERB, P.C. Dated: ~'~ - \- ~'-~ By An~e~w"CT-S~pears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 266471.1 AMENDMENT TO MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ayof .~_t~t~ff~/4, 2003, byand between Vickie K. Widmaun of 39 Goldenrod Drive, Carlisle, Ctunberland County, Pennsylvania, and John J. Widmann of 235 North Locust Point Road, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties were formerly Husband and Wife, married on December 21, 1981, in Cumberland County, Pennsylvania; WHEREAS, the parties were Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 2002-2978, with divorce being granted on April 15, 2003; WHEREAS, the parties signed a Marital Settlement Agreement dated March 20, 2003 which is incorporated, but not merged, into the Divorce Decree; and WHEREAS, the parties desire to amend the respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, and any and all claims which either party has, or may have, against the other or the other's estate. WHEREAS, the Marital Settlement Agreement provided in Paragraph 24 that it may be modified in writing. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties Document #,- 243371 acknowledge, Vickie K. Widmann and John J. Widmann, each intending to be legally bound, hereby covenant and agree as follows: I. RETIREMENT BENEFITS During the marriage, Husband acquired a retirement/pension/profit sharing/401K plan with his employer, Super Value. The value of the 401K profit sharing as of December 26, 2002 was $23,226.63. In the Marital Settlement Agreement dated March 20, 2003, Vickie K. Widmann was to receive a lump sum of $11,613.32. Vickie K. Widmann wishes to forfeit any interest she would receive in the retirement/pension/profit sharing/401K plan with John J. Widmann's employer, Super Value pursuant to the Marital Settlement Agreement. This waiver is due to sums of money already paid by John J. Widman for Vickie K. Widmann's medical expenses. II. CHILD SUPPORT To the extent permissible by law, the parties agree to release each other from any obligation for the payment of child support. This is subject to modification upon a change in circumstances of the parties. Document #: 243371 -2- III. PRIOR AGREEMENT All other provisions of the Marital Settlement Agreement dated March 20, 2003 will remain in full effect. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: Vickie K. Widmarm Document Pl: 243371 -3- COMMONWEALTH OF PENNSYLVANIA : _. COUNTY OF ~)A~PH~,,-~ : ss On this, the;~ day of A./~,~c,~rZA, 2003, before me, the undersigned officer, personally appeared Vickie K. Widmann, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Amendment to Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL CAROL A. LYTER, Nota~t Public City of Harrieburg, Dauphin County My CommiSSion ExI~ Dec. 28, 2004~ M~'-C-ommission Expir~.: COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF ~Pa,~ : ss On this, the ,.~'~day of ~ 2003, before me, the undersigned officer, personally appeared John J. Widmann, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Amendment to Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL CAROL A. LYTER, Nota~t Pub c City of Harri~,:~jrg, Dauphin County My Commission ~ Dec. 28, 2004J My Commission ]~,xp~r~: Document #: 266471.1 iN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATe OF VICKIE K. WIDMANN, Plaintiff Versus JOHN J. WIDMANN ~ Defendant PENNA. NO. 02-2978 Civil Term DECREE IN DIVORCE AND NOW, Anril ]-5, DECREED THAT VICKIE K. WIDMANN AND JOHN J. WIDMANN ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,. 2003 at 2:24 p.m. , IT IS ORDERED AND , PLAINTIFF, , 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; BY The COURT: /S/ EdWard E. G~lido ATTEST: ~~PPRoTHONOTA~' CERTIFIED COPY ISSUED APRIL 25~ 2003 VICKIE K. WIDMANN, Plaintiff V. JOHN J. WIDMANN, Defendant IN THE C, OURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this\ab_ day of (~._ , 2003, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Vickie K. Widmann, hereby certify that I served a copy of the Pmecipe to Incorporate Agreement this day by depositing the same in the Un/ted States mail, postage prepaid, at Harrisburg, Pennsylvan/a, addressed to: John J. Widmann 235 North Locust Point Road, Apt. 4 Mechan/csburg, PA 17050 METZGER, WlCKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spe~s Document #: 243371 VICKIE K. WIDMANN, Plaintiff V. JOHN J. WlDMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2978 CIViL TERM IN DIVORCE ORDER OF COURT AND NOW, this ~l~day o f ~ ,2003, IT IS HEREBY ORDERED THAT the Amendment to Marital Settlement Agreement dated ,,~ & /V0~/. o~00.9 be, and is hereby, incorporated, but not merged, with the Divorce Decree dated April 15, 2003 in this matter Document Pl.. 243371