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Home My WebLink About94-02155 . -;'P s. ~ ~ E ~ J , .. . .:c.' 'lIe" ollCo oQIC-.oQIC-' -:.co. ollCo"ollC.. oQIC-..lff-a..,.. 'lIe' .:.:. 'lie' .:.> .:.> .r.. .:c. .':C":K:ollC<>llCI':=--:;"''4Co:/.tOCo:c.~:oQIC- ... o3fO(~. '. .......-l. ~ ~ ~ : IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ r~ ~ ~ ~ ~ 8 ;~ ~ ~ ~ ~ .', ~ t '.' , '.' " " ~ " " " w .... ." ~ ~ ',' ~ '.' ~ ... ~ '.' w ',' ~ '.' w '.' ~ '.' ~) ") ~ ,; ~ '.' .:.. ~ .:.: ~ " ~ i '.' 8 ,', ~ ~ .... 8 '" ~ - OF CUMBERLAND STATE OF _ COUNTY PENNA. DEBORAH SCllWABER IERSHlfER, .-.. .. ..., ....... .... .................... 11 ii N (). ..,?~::-,~~~,~..~iY~,~............ 19 Plaintiff..,..,........ :: VCI'SUB i STEVEN CHARLES IERSHlfER, " Defendant ,I DECREE IN DIVORCE AND NOW, . , . ,.s'(.'fh.~,Io.e), , .I ,!>, , " 19, ,is:-, , it is ordered and decreed that.,.", ,~~~.~~~~ ,~~~",.,',.,........, plaintiff, and. ..., ,..... , , " ,~~,~, ~~~, , .... ., ., .' ..., .., 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; The Marital Settlement Agreement of April 28, 1995, a copy of which is ,. ,........................ ................ ..... .... ,.... ... ,.. .......... 0, ,', ~ attached hereto and marked Exhibit "A" is incorporated but not merged into ........ ,......... ............. ......................., .......... ... ... .., this decree, ~ " 8 ~ ~.' ~ ... ,', ~ w '.' ,', ~ ~ ... Dy The ~~olr,:/J . ~~kL Allest: 0 ~ t' ~K ~ /J~ a i'c,J' r . ~ ::: A "7 '~ , l~ ~ ,',' I. , rolhonolary i ~ )~ /' ~._~:~...-::-~~-~.';-~~,~,....... ;,,'-' .......~ '~ :...& .. -' .:+:. .:.;. .:.:. .:+:. .:.:- .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. ...... ...... ..... ..... ........ ..... ...... .:.:. ........ .:+:. ~ ~ !=" ~ .... ~ ~ ~ 7- ~ :1 _ __ .~;. .:.:. " 9./f. f5 ad'o/1flf~~~ ~ ?.If.9.r- '71~ #~-Z ~..df oy " ' ~ . .,; ." ~ -~'~,"""i"'~"-"""_'O__"""_ , , ~ t .. 1 '. MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DEBORAH SCHWABER KERSHNER AND STEVEN CHARLES KERSHNER " Lavere C. Senft, Esquire BARLEY, SNYDER, SENFT & COHEN P.O. Box 15012 York, PA 17405-7012 Counsel for Steven Charles Kershner John C. Howett, Jr., Esquire HOWETT, KISSINGER & MILES, P.C. 130 Walnut street/P.O. Box 810 Harrisburg, PA 17108 Counsel for Deborah Schwaber Kershner ,.......;,;...-.~. ~ . , ~ I I TABLE OF CONTENTS 1. 2. Headina ADVICE OF COUNSEL DISCLOSURE OF ASSETS PERSONAL RIGHTS DIVORCE ACTION EQUITABLE DISTRIBUTION a. Employment Benefits b. Life Insurance Policies c. Investment Accounts d. Proceeds of Sale of Real Estate e. Household and Personal Property f. Vehicles g. Lump Sum Payment h. Miscellaneous Property i. Property to Nife j. Property to Husband k. Assumption of Encumbrances 1. Liability Not Listed m. Indemnification of Nife n. Indemnification of Husband o. Warranty as to Future Obligations ~ 2 3 4 5 6 6 6 6 7 7 8 9 9 10 10 10 11 11 11 12 3. 4. 5. . - , .~ j,., 'l<<tt,!f~~"'" '" . . TABLE OF CONTENTS (continuadl Headina EAS1B 6. ALIMONY 12 7. FILING OF 1994 JOINT FEDERAL INCOME TAX RETURN 13 8. HEALTH INSURANCE 14 9. COUNSEL FEES, COSTS AND EXPENSES 14 10. WAIVER OF INHERITANCE RIGHTS 14 11. WAIVER OF BENEFICIARY DESIGNATION 15 12. GET 16 13. RELEASE OF CLAIMS 16 14. PRESERVATION OF RECORDS 18 15. MODIFICATION 18 16. SEVERABILITY 18 17. BREACH 18 18. WAIVER OF BREACH 19 19. NOTICE " 19 20. APPLICABLE LAW 19 19 21. DATE OF EXECUTION 22. EFFECT OF RECONCILIATION OR COIIABITATION 23. HEADINGS NOT PART OF AGREEMENT 24. AGREEMENT BINDING ON PARTIES AND IIEIRS 20 20 20 25. ENTIRE AGREEMENT 20 26. MUTUAL COOPERATION 21 27. AGREEMENT NOT TO BE MERGED SCHEDULE A 21 25 t....".-' '~..~"'.... . . " MARITnL SETTLEMENT nGREEMENT THIS AGREEMENT made this /J,c:,M-. day of ~ 'i.....- 1995, by and between DEBORAH SCHWABER KERSHNER (hereinafter referred to as "Wife"), of Maryland, and STEVEN CHARLES KERSHNER (hereinafter referred to as "Husband"), of New Jersey. WITNESSETH: Deborah Schwaber Kershner, social security number 214-54- 6560, was born on June 23, 1951, and presently resides at 3411 Midfield Road, Baltimore, Maryland, 21208. Steven Charles Kershner, social security number 008-30-0187, was born on December 29, 1944, and presently resides at 29 Govenors Lane, Princeton, New Jersey. WHEREAS, the parties hereto were previously husband and wife, having been lawfully married on December 30, 1990; WHEREAS, there were no children born of this marriage although Wife has a child from a previ~~s marriage, namely Cole Rubin, born April 3, 1984; WHEREAS, the parties have lived separate and apart since on August 12, 1993; and, WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any Ii n 1 !i . , . and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and \~ife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, John C. Howett, Jr., Esquire, for Wife, and Lavere C. Senft, Esquire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in 'the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including 2 . , . divorce, alimony, alimony oendente~, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony oendente ~, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, th~ taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The respective parties do J - r:,~ . ,,,,*.z~~-~.',. , . hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, 4 , . harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. DIVORCE ACTIONS. The parties acknowledge that Wife commenced a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 94-2155 CIVIL TERM on April 25, 1994, in which she requested that the court enter a Decree of Divorce pursuant to ~3301(a)(6) of the Divorce Code. Within fifteen (15) days of the date of execution of this Agreement, Husband shall file an Answer and Counterclaim to Wife's divorce action in which he shall raise a claim for divorce pursuant to ~3301(c) of the Divorce Code. Ninety-one (91) days thereafter, both parties shall execute Affidavits of Consent pursuant to ~3301(c) of the Divorce Code and file them qf record in Cumberland County. Husband's attorney shall then take all steps necessary to finalize the 'divorce decree. Both parties acknowledge that the marriage is irretrievably broken and both parties waive the right to request counselling. Neither party shall pursue, in the divorce action, any ancillary economic claims permitted to be raised under the Divorce Code, as all such ancillary claims attendant to the dissolution of the parties' marriage are resolved for all time by the terms of this Agreement. 5 ... r:;~'~;'~ '~'~'?'i . 5. EOUITABLE DISTRIBUTION. The parties acknowledge that prior to their marriage, on December 27, 1990, they executed a Prenuptial Agreement delineating their rights in each other's separate property and in the marital property acquired during the marriage in the event of divorce. Pursuant to the terms of that Agreement, the parties agreed that their property shall be distributed as follows: a. Emp10vment Benefits. The parties agree that Husband shall become the sole and exclusive owner of his IBM stock purchase plan, his IBM tax-deferred savings plan, and his IBM retirement plan. Wife shall waive whatever right, title and interest she may have in those assets, including any survivor benefits. Wife agrees to execute whatever documents are necessary, upon Husband's request, to effectuate her waiver. b. Life Insurance Policies. Each party waives whatever right, title and interest he or she may have in the other party's life insurance policies fnc1uding the right to be named as beneficiary of such policies, and cash value, if any. c. Investment Accounts. Husband shall become the sole and exclusive owner of his investment accounts, namely, his Putnam Fund, his U.S. Savings Bonds, Prudential Securities account, his three IBM Federal Credit Union Money Market accounts, and his four New England IBM Federal Credit Union Certificate of Deposit accounts. Wife waives whatever right, title and interest she may have in these accounts. 6 . d. Proceeds of Sale of Real Estate. The parties acknowledge that following their separation, their marital home at 5610 Pinehurst way, Mechanicsburg, Pennsylvania, 17055, was sold with Husband receiving net proceeds of approximately $180,000. In addition, the parties acknowledge that realty transfer tax became due after sale of this property and that Husband incurred attorneys fees in appealing the realty transfer tax charge, even though he ultimately lost the appeal. The parties agree that Husband shall become the sole and exclusive owner of the proceeds of sale of the marital residence and that Wife shall waive any right, title and interest she may have in such proceeds. In addition, Husband agrees that he shall be responsible for and indemnify and hold Wife harmless from any outstanding costs and/or debts associated with the marital home including, but not limited to, the realty transfer tax and attorneys fees. e. Household and Personal Property. (1) As of the date of execution of this Agreement, Husband hereby sets over, transfers and assigns to Wife all of his right, title, claim and interest in and to all household and personal property currently in Wife's possession. (2) Except as set forth herein, as of the date of execution of this Agreement, Wife hereby sets over, transfers and assigns to Husband all of her right, title, claim and interest in and to all household and personal property currently in his possession. 7 ,...... .'..' Notwithstanding the foregoing sentence, Husband agrees that he will inventory all of his items of household and personal property and, if he is in possession of any items contained on Schedule A attached hereto, he will return such items to Wife within ten (10) days of the date of this Agreement. Husband's failure to return any of said items to Wife shall constitute a warrant by Husband that he is not in possession of said items and that he does not have any knowledge as to where said items are located. Should it be determined that Husband is in possession of any of the items contained on Schedule A, or knows of the location of the items contained on Schedule A or that he intentionally dissipated any of said items, Husband shall be responsible to reimburse Wife for the replacement value of said items as well as all attorneys fees, costs and expenses incurred by Wife in enforcing this paragraph. f. Vehicles. (1) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1984 BMW and the 1989 BMW automobiles, along with all rights under any indebtedness related thereto and insurance policy thereon, and the responsibility for payment of any insurance thereon, and Husband shall indemnify and hold Wife and her property harmless from any liability, cost or expense, including attorneys fees, incurred in connection with the automobiles transferred to Husband by the terms of this subparagraph. Wife agrees to execute, acknowledge and deliver any and all 8 .' . instruments or documents necessary to effectuate the intent of this paragraph. (2) Husband agrees that Wife shall retain possession of and receive as her sole and separate property any and all vehicles now titled in her name or in her possession, along with all rights under any insurance policies thereon and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon and, Wife shall indemnify and hold Husband and his property harmless from any liability, cost or expense, including attorneys fees, incurred in connection with the vehicles transferred to Wife by the terms of this subparagraph. Husband agrees to execute, acknowledge and deliver any and all instruments or documents necessary in order to effectuate the intent of this subparagraph. g. Lumo Sum Pavment. In consideration of Wife's waiver of rights as set forth herein, Husband shall pay to Wife the sum of Seventy Thousand Dollars ($76,000) on or before May 4, 1995. Said sum shall not be includeable in Wife's income nor deductible by Husband for tax purposes. h. Miscellaneous Prooertv. All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 9 F~ . .,-" . i. prooertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covuring that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. j. Prooertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that pi6perty. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. k. Assumotion of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will 11 10 , ' , ,,?:~,-,,,,~,..,,--- '''i'<--('l.''7;,~" .. suffer or may be required to pay because of such debts, encumbrances or liens. 1. Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. m. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, wnether or not well- founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. n. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not 11 .. well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. o. Warrantv as to Future Ob1iQations. Husband and wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 6. ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights or claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek roodification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of 12 r'.--- '_IfII!f;!,'I. " either party's obligation to contribute to the support and maintenance of the other. 7. FILING OF 1994 JOINT FEDERAL INCOME TAX RETURN. The parties agree that they shall join in the filing of a joint federal income tax return for the 1994 tax year. The parties acknowledge that because of Wife's limited income in 1994, it is not necessary for her to file a federal income tax return. Accordingly, Husband shall be solely and exclusively liable for any tax liability due as a result of the filing of the joint income tax return even if such liability is associated with Wife's 1994 income (excepting, however, non-disclosure of income by Wife). Should a refund result from the filing of the joint tax return, such refund shall become the sole and exclusive property of Husband and Wife waives any right, title, interest and claim she may have in such refund. Furthermore, Husband agrees that if any penalties, interest, or any other liability is assessed as a result of the 1994 joint income tax return, that said penalties, interest or liability shall be paid by and be solely attributable to and the responsibility of Husband and that Husband hereby covenants and agrees to hold Wife harmless from any penalty, interest or liability associated with the 1994 joint tax return. Furthermore, should it become necessary for Wife to attend an audit by the Internal Revenue Service of the 1994 joint tax return, or defend herself against any action commenced by the Internal Revenue Service against the parties due to the 1994 joint income tax return, Husband agrees that he will assume all responsibility for payment of any , i :;: i ~ " " 13 I" ~- .....~'-,'} !r ,! .. attorneys fees, accountant fees, costs and expenses incurred by Wife in attending such audit or in defending against any action commenced by the Internal Revenue Service because of the 1994 joint income tax return. Husband shall assume any and all responsibility for payment of the costs of preparation of the 1994 income tax return, however, Wife shall cooperate in providing Husband with any information necessary, which is in her possession, to prepare the 1994 tax return. 8. HEALTH INSURANCE. The parties acknowledge that Wife is currently covered by health insurance provided by Husband's place of employment. Husband agrees to continue such coverage until a final Decree in Divorce is entered. 9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution ~f their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, effective upon the execution date, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and 14 " Fr~::..~..::,-:-,.;' "f~,~~t",..,.~~~A.~~~~~~ " shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. WAIVER OF BENEFICIARY DESIGNATIO]!. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 15 - ,. ..c '~"':' "1ij~l;~:. .. , ,. 12. ~. The parties acknowledge that they are both of the Jewish faith and that Wife will not be able to remarry in the Jewish faith unless she obtains a Jewish divorce known as a Get. Accordingly, Wife agrees that she shall immediately take all steps necessary to obtain a Get for Wife and Husband agrees to cooperate in respect thereto. In the event Husband requires a Get, Wife agrees to cooperate with respect thereto. Husband and Wife agree to bear equally the costs associated in obtaining a Get. 13. RELEASE OF CLAIMS. (1) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. i \' !,; ; \ ~ 16 (2) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente ~, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (3) Except for the rights and obligations arising from the terms of this Agreement or from a breach thereof, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's 17 .. .. rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spousels 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 spousels estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United states, or any other country. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdf6tion to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually 18 , ...... '..,..... ...~ ...... .. .. incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: steven Charles Kershner 29 Governors Lane Princeton, NJ 08540 and to Wife, if made or addressed to the following: Deborah Schwaber Kershner 3411 Midfield Road Baltimore, MD 21208 Notice shall be deemed to have occurreq.upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the 19 . '. " same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION OR COHABITATION. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings 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. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including all schedules attached hereto; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and 20 . , , .. that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement shall survive and remain in full force and effect in the event of the parties' divorce and may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. such remedies in law or equity are specifically not waived or released. 21 ~:.. . " , . " ........ . , " IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~ / WITNES ~ 1 ' · r")-lt.~_ U)tii~t- W NESS , Dd-J.S~LJ,.,..<kw-L- DEBORAH SCHWABER KERSHNER ~/~~~(atJ~~ ST EN CHARLES KERSHNER J 22 , , ! ~ , I ' . " . " . II . STATE OF COUNTY OF ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DEBORAH SCHWABER KERSHNER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this '-3 cd.. day of vfYIo~ , 1995. ct1XitAAJ (7(. Ln11)~ Notary PUb~~C in a d for State of ~""-.... Typed or prin ed ame of Notary: Lt:.s CI 6 ).... m 0 51\JC-7L. My commission expires: ..;>-/ I 1'7 g I 23 '.....'~I,<7:'.'.i~._,.: . ., . . II ... . .. . .. f STATE OF \Jel..J' 3('(" <(3 \f- COUNT'l OF \^'e n.<?, ('" ) ) ) " " BEFORE ME, the undersigned authority, on this day personally appeared STEVEN CHARLES KERSHNER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. I, '. GIVEN UNDER MY ~'C-\ \ HAND AND SEAL OF OFFICE this )..'i day of , 1995. ~ ~~,,, Notary Public'in and for State of ~){>L' ""i'.l.e" Typed or printed name of'Notary: (.\V,) $',....,:.",1:,.)"" . My commission expires: :)(\.....11., ffiY; 24 ".~",;.,---.,...- .. . I . . . ~ .. SCHEDULE A 1. Ketubah 2. Wedding video 3. Personal pictures of family 4. Artifact given to Cole Rubin by Jonathan Schwaber 5. Wife's box of canceled checks from september 1990 through July 1992 and other financial documents and personal files 6. silver samovar 7. Shabbos candle sticks belonging to Debby before marriage 8. Mezuzah given to Debby during the marriage 9. Baccarat crystal vase 10. French table top kerchief 11. Chinese wooden wall hangings ", 12. Large Fendi satchel 13 . ,S~my sport radio 14. Crystal candy dish 15. Slant fin heater 16. Italian tray 17. Painted metal flower container 18. Battery operated house bell 19. Mexican wire basket 20. Thermique large dispenser 21. Ivory Maj Jong set 22. Backgammon set 23. Turquoise metal hanging wall fixture 24. upright Hoover vacuum cleaner 25 - -- .' "-.> ,~. ~~~;;..~ 1IiI- ~. ., ...1 '..~, . .:.';-1" ~,"'~ ~. ,'.. , ", :"; " :,-\. " .~~. -', '. ~ . - - . .(i't. ".,,;,."-. '" - ,J-);, SEft{" 3150 ",'I 't. " -:L, '~'~~.". . -":, t" ,'.' tl\.E~<glffIOE ' t Of lit!:. pf\oTIIOIlOTAI\Y 1QUI41lERLAKD COUNTY .t)' ,1'f."IlS"l.V~III. ,',; '. ~'-'~ ~". - < ,. :."" ,:. ",' ;'~ ." ".',J,:'-: '.-.~ "':. " ,'" " .;t: ,. _ !J.~', . . t': ~', . ~._~t t> ," '-' -/ ~~. ," ~~. ,.. ~' ::: ."> - ..~ 1:, '!r. ,.:.,... ";-; n ~~ .~~ 't-- ".- ,4 ~. I( '1,' 'zoi . \~'- ',j - ,,-.\1 ,',),.{ ;", ,I:' .c' "r:U' . :..-~' ..... en - ' !;;... -,~ UJ t~ ~-I ~J U ;r.~.,",~ ~o,,)..;. ~)~ ~ :"'1 ~;,..(b; ~:; i:.t;r: _I. JllJ~ '.!'l'''' ~~.i Cl. => ~t"" :c "- ~ M - - .... .... V'> ~< OH Z"" tI)0.:: ~~~ p..tI)l-l Zl:l ZZ O""Z ~p..H c:5 . ...:I U~ H ~> ~ <H O::J...:IU 01 E-<UZlf> 0.:: Olf> :=>>~H"'" OZE-<N U~UI <,q "" 0- 15""...:1 E9~ . ze!'::iHo t-IDu:z: ..... ..... ...... 0.::.... """ z'.... :<:m tI).... o.::p.. "" ><l .... " m "tl - " 0.:: GJ ""..... , Z GJ > :<:l:l tI) 0.:: "" ><l tI) ~ 0.:: < :<: U Z "" ~ 0.:: "" al ~ U tI) :<: < 0.:: ffi l:l . . ~ ~ ~ ~ I ~ ~ ~ u.~t;~~ B:~~~ 1E~~tJi o ~ IE... ~;;l 0 jm;~g ~ m ~ ~ ~ ~ . . . . HO\\');:T'l", I{ISSINGER & ~[)J.ES. P.Co - I....... y"'. . ~~. ,'j''if;t;:r~'.'._''~.. "~;~;;""h"";,~" ~,_ "~..._. ,... . - v. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO. 94-2155 CIVIL 1994 ) ) CIVIL ACTION - LAW ) IN DIVORCE DEBORAH SCHWABER KERSHNER, Plaintiff STEVEN CHARLES KERSHNER, 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: Service was completed by mailing a true and correct copy of the divorce complaint to Defendant's attorney, as evidenced by the Acceptance of Service which was filed on May 6, 1994, a copy of which is attached hereto. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff, August 14, 1995; by defendant, August 17, 1995. 4. Related claims pending: None. Date: c;j$lr; e ;,i John wett, Jr., Esqui e HOWETT, KISSINGER & MILES, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Counsel for Plaintiff Deborah Schwaber Kershner t" .~"'~ .~-"", '.".:-.. ... 0 ......O_.<'~' . '. ." DEBORAH SCHWABER KERSHNER, plaintiff . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. . . . . : No. 94-2155 CIVIL 1994 -- ... - STEVEN CHARLES KERSHNER, Defendant . . "I : CIVIL ACTION - LAW."' : IN DIVORCE : '. , .. ~ ' OJ. ~. -. -. ~~ r ." t, Co', N ..... -~ .::1: ACCEPTANCE OF SERVICE OF COMPLAINT -.;;;. .., - .c..c ...c.. I accept service of the complaint in Divorce on behalf of Steven Charles Kershner, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: May 2, 1994 BARLEY, SNYDER, SENFT & COHEN By: ~ Lavere C. Senft, Esq. Attorney I.D. No. 0742 Attorney for Defendant P.O. Box 15012 York, Pennsylvania 17405 (717) 846-8888 ~ .., ... ~~ ...... ~t~::..~ I~O(.;r::\ ~~: ,:1: (..') ,.~. . .~~~~' ~ II) III CO') - - ,,<-.j .... ~ .:t..... < OH Zt>.l CIl'" t>.l....:lO ....:1>0> tloCllH Zt:> ZZ Ot>.lZ ~tloH ~ g . ;:1 r::~> Lt..Z<.... O:::>....:IU 01 E-<UZU"\ '" OU"\ ::J~H"'" gZt)'I' :3<...,. t>.l'" 0- t>.l....:l <QH ~> . :::>HO Ut.)Z .... .... '.... .... . c: '" '.... t>.l al Z..... :I:tlo CIl el ~ '" t>.l <Q < ~ U CIl :I: < '" ~ t>.l t:> .... c: al "C C Qj -.... . '" Qj > t>.lt:> Z :I: CIl '" t>.l ~ I "" ~ '" < :I: U Z t>.l ~ E-< CIl . . " .,- i IIOWI':".'I', 1(lssl:-:mm & MII.I.:!il, P,C. - . u ~ t,1 Bll:E~~ IE ~ 5 l:l ~ o Z ~ IE 0- il ;; il ~o ti jUl~ ~ ~ ~ ~ ~ ~ ~ ~ -. .. , . .,. DEBORAH SCHWABER KERSHNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 94-2155 CIVIL STEVEN CHARLES KERSHNER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendant's request to the Court to enforce the Pre-Nuptial Agreement, dated December 27, 1990, between Plaintiff and Defendant. BARLEY, SNYDER, SENFT & COHEN By: Lave e C. Senft, Esq. Attorney I.D. No. 074 Attorney for Defendan P.O. Box 15012 York, Pennsylvania 17405 (717) 846-8888 August 3/ , 1995 18190 r..< OH Zt"I tn<tnH z$:1"" 5!t"IZ 5:!I><H CS - ..:l U~~~ r.. ~::5H OOIU f-<UZll'l I>: Oll'l :Jc::at-t..... 8 zt;'I' ..,::5<." _I>: 0\ iSt"I::l ~> . Z HO I-l uz ~ ~ :s:: 0- o \fl C"") - - ~ (/l .... -.... &'i 'j Z c :<: '... tn co &'iD: :.l &'i <Cl ...: ~ U tn :<: : o <Cl t"I "" ;; UI"'7.:')~' - ',J" t~-..: o:':~ H.~(~-;~ ~":, c: -.r.;:1 '-'.(11 , ~ '.. ~ ,I...~~ I':;; ,.-'.... .... c co --0 &'i ~ z.... . :<: III > tn"" I>: t"I :.c ~ I 13 l:I:l ~ ~ I> .. - III ~ - ~ ~ :: ~ ~ I>: < :<: U Z t"I > t"I Iii .. .' HlI"'J';'I.j" !{ISSrf-OElt' 8: MII.ES.' P.C. r:....,........-,"'....':..",.,._~.'l .... '. ... v. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO. 94-2155 CIVIL ) ) CIVIL ACTION - LAW ) IN DIVORCE DEBORAH SCHWABER KERSHNER, Plaintiff STEVEN CHARLES KERSHNER, Defendant PRAECIPB TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw Count II of Plaintiff's Complaint in Divorce filed April 25, 1994 which requests enforcement of a Prenuptial Agreement dated December 27, 1990. Date: 1/g/qS I I Respectful y submitted, ( Jo owett, Jr., Es HOWETT, KISSINGER & MILE 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Deborah Schwaber Kershner ~ ~ -ib -{'::> -:::r.. '=l:: ~~ ~ 0 '~ LO 8 \0 \t) (.::l r-- ~ rf) - ~ ~ - rft ~ - R (J2 ~ -:tl ~ Q::: <U ~ "".'- ..,. ~'. , .......~ ~.~~r.""~ ... ""j ", r ." ,=,':"l ::! c .' ",:. , i f ~ '-.": J~.;<'l~: ...... ~.;, t.J'"' ~ '" @)c; ~ ~ "<:if u n~ ~ rJi "l '" , ~ ~ :': ~ ... , ~ ... 2 ; ~~;~ I~ II ~ l:i Q!j ~ ~ ~ !l ilI!l:: g ~ ] ~ u '" ~~~ - tal ~ rJ ~ Ip. r I ~ ~ :1 IE ~ ;0 ... ~ 0 . ~ :ifll~~~ u ~ . ~ - ~ > ; . ~ ~ ~g ~ r < .... :I: ~ ~ C 0 ~ , . \- - · f. '" \, l Il(JWJ'~I-I1, I(ISSJ SUEIl &. "III..':S., 1'.('. ,: .. ,. . .. . , DEBORAH SCHWABER KERSHNER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) 9l/- C)/SS Ctv.;t I~ v. ) NO. ~ ) STEVEN CHARLES KERSHNER, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. 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. Court Administrator Cumberland County Courthouse, 4th Fl. Carlisle, PA 17013 Telephone: (717) 240-6200 .."........... ".....,..1'"..,-'\ . , ,. to DEBORAH SCHWABER KERSHNER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) %9M" 6...-i-( v. ) NO. '1i- .:J/'!., T..u...-..... ) STEVEN CHARLES KERSHNER, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Deborah Schwaber Kershner, by and through her counsel, John C. Howett, Jr., Esquire, who states the following in support of the within complaint: 1. Plaintiff is Deborah Schwaber Kershner, an adult individual who currently resides at 3411 Midfield Road, Baltimore, Maryland, 21208. 2. Defendant is Steven Charles Kershner, an adult individual who currently resides at 5610 Pinehurst Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant has been a bona fide resident of the , Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been lawfully married on December 30, 1990, in Baltimore, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. . .' . 6. There have been no prior actions for divorce or annulment of the marriage instituted by either ot the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counselling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counselling. COUNT I - DIVORCE PURSUANT TO ~3301(al(61 OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive. WHEREFORE, Plaintiff respectfully requests tne Court to enter a decree in divorce pursuant to ~3301(a)(6) of the Divorce Code. COUNT II - ENFORCEMENT OF PRENUPTIAL AGREEMENT 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. On December 27, 1990, the parties executed a prenuptial agreement which set forth each parties' rights and entitlements pursuant to the Divorce Code of 1980, as amended. A copy of the December 27, 1990 prenuptial agreement is attached hereto and marked Exhibit "A" and incorporated by reference herein as if set forth at length. 13. Pursuant to Pa.C.S.A. ~3104(a)(1) this Court has jurisdiction to determine and dispose of property rights and interests between the spouses, including any rights created by an antenuptial agreement. 14. The parties have been unable to agree as to the disposition of their property rights and interests pursuant to their agreement. WHEREFORE, plaintiff respectfully requests this Court to enforce the prenuptial agreement of December 27, 1990 and to direct the disposition of property and interests, pursuant to the terms of that agreement. Respectfully submitted, Date: 4h~h1 , I ohn HO & KISSINGER, 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Attorney I.D. No. 20092 Counsel for Plaintiff Deborah Schwaber Kershner VERIFICATION I, DEBORAH SCHWABER KERSHNER, hereby swear and affirm that the facts contained in the foregoing Cbnplaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: April 25, 1994 -- . ' -'~ I I c-' 1 / l ...., <An4l./' ~rAt.----<:'('^-- EBORAH SCHWABER KERSHNER tl"..LwJ.-- PRE-NUPTIAL AGREEMENT THIS AGREEMENT, made this 27th day of December, 1990, by and between DEBORAH S. RUBIN, of cumberland county, Pennsyl- vania (hereinafter called "Wife"), and STEVEN C. KERSHNER, of Cumberland county, Pennsylvania (hereinafter called "Husband"). WITNESSETH: WHEREAS, the parties hereto are about to become Husband and Wife and, in contemplation of their intended marriage, desire to fix and determine the property rights which each of them shall have in the property and estate of the other: and WHEREAS, the Husband and Wife each were married before and Wife is the parent of a child by virtue of a previous marriage: and WHEREAS, each party is the owner of the real and personal property shown on Appendices A and B of this Agreement: and WHEREAS, each party has disclosed to the other the nature and extent of his or her respective real and personal property and his or her respective present and future income potential: and WHEREAS, a summary of said disclosures of the financial condition of the Wife is set forth on a separate statement attached hereto and made a part hereof as Appendix "A", which has been signed for identification purposes by the parties: and '. EXHmIT "A" - ,-",....,."., ,.....,'"...;~lf..._-.'" WHEREAS, the Wife, prior to the execution of this Agree- ment, has consulted with and been advised by her attorney, Delano M. Lantz, Esquire, McNees, Wallace & Nurick, who has reviewed this Agreement and advised the Wife as to its legal meaning and consequences: and WHEREAS, the Husband prior to the execution of this Agree- ment, has consulted with and been advised by his attorney, Harry J. RUbin, Esquire, Liverant, Senft and Cohen, who has reviewed this Agreement and understands its legal meaning and consequences. NOW, THEREFORE, in consideration of the foregoing and of the reciprocal promises made herein, the parties agree as follows: I. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble to this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. II. WAIVER OF RIGHTS IN ESTATES Except as otherwise specifically provided in this Agree- ment, each of the parties hereto does hereby waive, relinquish and release any and all right, claim or demand which he or she might otherwise have at any time hereafter in the real and personal property or against the estate of the other by reason - 2 - r"r '"",- ..,.'...,...... '';;U.. of marriage, whether by way of dower or curtesy or rights in the nature of dower or curtesy or any right of the surviving spouse to share in the estate of the other or to receive any allowance or exemption from the estate of the other, or any right to take against the will of the other, or the right to act as administrator or as administratrix of the estate of the other. This waiver shall not act to bar either party from benefiting from any testamentary provision made in that spouse's favor by the other spouse in his or her will. However, the parties acknowledge that no representations or promises of any kind whatsoever have been made by either of them to the other with respect to any such bequests or legacy. Notwithstanding the above, Husband hereby agrees to imme- diately establish a testamentary trust for the benefit of Wife. Husband agrees to devise at least one-half of his net distributable estate to the said trust, and to have the estate as the beneficiary of all life insurance on his life. The trust terms shall provide that, in the event Husband and Wife are married as of the date of Husband's death, then Wife shall receive income from the trust for her life. An established trust institution shall be named as the trustee of the trust. All of Husband's obligations under this paragraph shall terminate in the event the parties become divorced. '. - 3 - ~ . "...;":'bY":':::... , III. WAIVER OF CLAIMS TO SEPARATELY-OWNED PROPERTY Except as otherwise specifically provided in this Agree- ment, after the marriage between the parties, each of them shall separately retain all rights in his or her own property, whether owned prior to the marriage or thereafter acquired in his or her individual name or capacity, and each of them shall have the absolute and unrestricted right to dispose of such separate property, free from any claim that may be made by the other by reason of their marriage, and with the same effect as if no marriage had been consummated between them. This pro- vision is intended to act as a waiver of each party's rights in the other party's property, and to apply to all property, however and whenever acquired, inclUding but not limited to property acquired through gift or inheritance, earned and unearned income, and all appreciation, income, proceeds, or reinvestment of any income, appreciation, or proceeds, of any of the aforementioned property. In granting this reciprocal waiver, each party hereby designates the aforementioned property as separate property and excludes said property as marital property pursuant to Section 401(e) (2) of the Pennsylvania Divorce Code of 1980 and any similar provision of any similar statute in any applicable jurisdiction, intending by such exclusion to waive any and all rights to equitable distribution of said property pursuant to - 4 any relevant divorce code. This provision shall also act to exclude such property from the definition of community property and from a distribution as such under the laws of any appli- cable jurisdiction. Notwithstanding the above, Husband hereby agrees that, if the parties remain married for at least three years, then the value of all of Husband's property that exceeds the sum of (a) $525,000 plus (b\ the value on the date of receipt of any inheritance receiVed by Husband, shall be deemed marital prop- erty. Likewise, notwithstanding the above, Wife hereby agrees that, if the parties remain married for at least three years, then the value of all of Wife's prop~~~y that exceeds the sum of (a) $10,000 plus (b) the value on the date of receipt of any inheritances received by Wife, shall be deemed marital property. In the event of a separation and divorce, then the marital property as defined above shall be divided equally between Husband and Wife. IV. WAIVER OF PENSION RIGHTS Except as otherwise specifically set forth in this Agree- ment, each party hereby forever waives any rights to which he or she may hereafter otherwise become entitled, either as participant, spouse of participant, or beneficiary, as to any pen~ion or profit sharing rights of the other, including but - 5 - not limited to qualified plans, individual retirement accounts, and beneficiary interests in any existing retirement plan. Further, each party hereby agrees to consent to any election made by the other to waive any qualified joint and survivor or preretirement survivor annuity provided under any such plan or account and to any beneficiary designation made by the other thereunder. This waiver does not bar either party from receiv- ing benefits under an express written beneficiary designation by the other party. Notwithstanding the above provi~ion Husband agrees that if Husband and Wife are still married on the date the election is to be made, Wife shall not be required to consent to any election by Husband to waive any qualified joint and survivor or preretirement survivor annuity provided under any qualified plan as described above, and Husband further agrees that, in such event, Wife shall be entitled to all of the rights of a spouse that are provided by law. V. TRANSFERS BETWEEN THE PARTIES Notwithstanding the provisions of this Agreement, either party shall have the right to transfer or convey to the other any property or any part or interest therein which may be lawfully conveyed or transferred during his or her lifetime or by will or otherwise upon death, and neither party intends by '. - 6 - .,. this Agreement to limit or restrict in any way the right and power to receive any such transfers or conveyances form the other. The parties further agree that joint use of premarital assets, including but not limited to joint residence in a premarital home of either party or joint use of premarital furniture and furnishings, shall not be used by either party as a factor in determining or proving whether said premarital assets have subsequently been transferred either to the other party or to the parties jointly as Husband and Wife, but rather that any such transfers, to be effective, whether as gifts or otherwise, must be made in a clear or unequivocal fashion, such as by a formal transfer of title or similar means. VI. WAIVER OF SUPPORT AND CLAIMS ARISING UNDER THE DIVORCE CODE Except as otherwise specifically set forth in this Agree- ment, each party hereby expressly waives any and all rights which he or she might otherwise, by virtue of the parties' impending marriage, acquire to spousal support, equitable distribution of marital property, division of community prop- erty, alimo~ ~endente lite, alimony, counsel fees and costs, or any other rights provided by the Pennsylvania support LaW, the Pennsylvania Divorce Code, or any similar provisions of the laws of any other applicable jurisdictions. - 7 - . ,... i...,..~,^ -. Notwithstanding the foregoing, Husband agrees that, in the event the parties are married and living together as husband and wife for at least three years, and thereafter separate, he will pay spousal support to Wife from the date of separation to the date of a divorce or for one year, whichever first ~ccurs: in the amount of 10' of Husband's net income after deductions of federal, state and local taxes. VII. ADDITIONAL INSTRUMENTS The Husband and Wife, shall, at any time and all times, upon request by the other party or his or her legal represen- tatives, make, execute, and deliver to the other party any and all such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement, without charge therefor. The parties hereby agree to execute and acknowledge two originals of Appendix "C" which is attached hereto and made a part hereof, and that each party will immediately receive one fully executed and acknowledged original of said Appendix which either party may then record at any time without the further consent of the other. The parties agree, however, that in the event any provision in Appendix "C" is inconsistent with the terms of this Agreement, then the term of this Agreement shall control to the extent of such inconsistent provisions. - 8 - ~ ,,:;..;;:~ ;,j,'::,""" ".....'r .....n - 9 - VIII. EFFECTIVE DATE This Agreement shall become effective only in the event that the contemplated marriage between the parties takes place, and if the contemplated marriage does not take place, this Agreement shall in all respects by null and void. IX. CONSIDERATION The consideration for this Agreement is the mutual promises contained herein and the marriage which is about to take place between the parties. X. APPLICABLE LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, and the courts of the Commonwealth of Pennsylvania shall have the jurisdiction over . the parties to interpret or enforce any provisions of this Agreement. XII. MODIFICATION AND WAIVER Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement or any right or option hereunder shall not be controlling1 nor shall it present or estop such parties from hereafter enforcing such provision, right, or option: and the failure of either party to insist in anyone or more instances upon strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. XIII. CONSTRUCTION The headings in this Agreement are for the sole purpose of convenience and shall not be used in interpreting this Agree- ment. This Agreement shall not be construed against either party in that both parties have had equal opportunity to participate in its preparation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ~Cl' ~(SEAL) Steven C. Kershner ~-;-/n-..~-'- ~ ~l"~SEAL) Deborah S. RUbin - 10 . APPENDIX "A" December , 1990 PROPERTY OWNED BY DEBORAH S. RUBIN 1986 5MB Miscellaneous furniture and household goods '. ,;~, :'#I-:-,F_.liIiIlIIIA; " OCt 27 '9il 14111 I<RtKSTE:I1CRUllltQ..A5DAY"l p.2,fa " . APPENDIX "B" Deet:inb~r:;ZO. 1990 ~~ PROPERTY OWNED BY STEVEN' C. KERSHNER .' il e7.~co. . . celL'llF~'!r. q"" PI!)>C&I r ! _ IJ, '7,1'10. . GOI4~lo{l.&I~l>I.TI4 1oJt:."OI4~c. ~~'" - ceP,"flC6Te. Of' ~'\>>lT GAMPIlIl.l.,fjA.. . 6/llJliJ~ ~ ,r.t-<EltlCA- ~U~\I.I'z& IF~. . f'CFo'l\JHC. S4~ltol~ AWI~ I""" , . . "JP.UPS"'TIA\... \3"~E f>E~~lile!> ,_ OSJtT\I'It.D'l'e. Of perOSIT _.43,000. ' WOltM\.tYh~~"'" PA. · PkIlPrlIlT',J.l.. BAGHS S~IloITle.& "op.M~"'<SeulUool p". · 1'll.1I~1'IA\.' ~...c~a, sec.ultlTIl!.> Ufl~Mr.&'l'&BIl~, PA. . ~lIPeNr/"L.. e.~!:. 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'........,...~""';ima-"'. '~"'~.;:' ARTICLES OF AGREEKENT MADE and entered into this 27th day of December, 1990, . between DEBORAH S. RUBIN, a single woman, of cumberland County, Pennsylvania, and STEVEN C. KERSHNER, single man, of cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are engaged to be ~arried, and marriage is intended shortly to be had and solemnized between them: and WHEREAS, each of the parties either now owns and possesses or ~ay hereafter own and possess certain separate and several estates in real property, lands messuages, tenements, and hereditaments, hereinafter referred to as "real property": and each of them desires to retain to herself or himself respectively after such marriage the use, ownership, control and disposition of her or his said respective real property to the same extent as if they remained sole and unmarried, and desires further to be able to execute without the joinder of the other therein such deeds, mortgages, leases, sales agreements and other instruments in writing which pertain to or affect said real property as shall fully protect any purchaser thereof or other person dealing therewith: and APPENDIX "C" .. WHEREAS, each of the parties desires, therefore, to limit his or her respective rights in the other's said real property, as now or hereafter composed, in the manner and upon the terms hereinafter set forth: NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, that for and in consideration of the premises and of the mutual covenants and agreements herein contained, the parties, for themselves, their heirs, executors, administrators, and assigns, have covenanted and agreed, and by these presents do covenant and agree, to and with each other, their respective heirs, executors, administrators, and assigns, as follows: (1) Neither party shall have the right to take over or to share in any of the separate estate in real property of the other of them, whether now owned or hereafter to be owned by him or her respectively or of which he or she may now be or may hereafter become seized, either before or after such marriage, including ,any such estate as was leased, mortgaged, encumbered, conveyed, or agreed to be conveyed, for which an option to purchase was granted, or any other instrument in writing which pertains to or affects the same was executed, by the other of them, whether said taking or sharing be on account of or by way of exemption or dower or curtesy or homestead right or under the intestate laws or any other statutes no~ or hereafter in force and effect or by way of election to take against the will - 2 - - 3 , of the other. Each party hereby remises, releases, quit-claims and fully and forever discharges the other, her or his respec- tive heirs, executors, administrators and assigns, and any and all of the other's said respective estate in real property, of and from any and all liability, claim, demand, or charge whatsoever on account of or by way or dower or curtsey or homestead right or under the intestate law or any other statutes now or hereafter in force and effect or by way of election to take against the will of the other, or to which he or she may, might, could be or could have been entitled as wife or widow or as husband or widower of the other, or in any manner whatsoever by reason or their marriage. (2) commencing with the date of this Agreement, the use, ownership, control and disposition of the separate and several estates in real property now owned or hereafter to be owned by him or her respectively or of which he or she may now be or may hereafter become seized either before or after such marriage shall continue and remain freely ana absolutely in each of them respectively in the same condition and under the same rights in law as if the said parties were sole and unmarried. (3) commencing with the date of this Agreement, each party ,may lease, mortgage, encumber, convey, agree to convey, grant an option to purchase or execute any other instrument in writing which pertains to or affects any or all of his or her. .. , . respective real property without the joinder of the other party in such deed or instrument in writing, which said deed or other instrument in. writing, nevertheless, shall pass as full and complete a title to the said real property and shall bar all and any right, title and interest therein of the other party to the same extent as though the other party had joined in the execution thereof. (4) The provisions in paragraphs (2) and (3) herein are intended to act as a waiver of both parties' rights to equit- able distribution of the property as marital property under the pennsylvania Divorce Code of 1980 in that such property is hereby excluded from the definition of marital property pur- suant to section 401(e)(2) of said Code. (5) This Agreement is written, executed and recorded with the intent that any and all persons dealing with either spouse herein may rely thereon, and the waiver, quit-claim and release stated in paragraphs (1)-(3) herein shall operate to fully protect such third parties in accepting and relying upon deeds, leases, mortgages, options, and any other instruments without the joinder therein of the spouse of the owner of the same. (6) Nothing in this Agreement shall be interpreted to limit in any way the right of the parties hereto to hold property as tenants by the entireties with all the rights, responsibilities and limitations incident thereto. - 4 - : \'~:~l;<,~,_. t.....-'.,.."'-.~-n . . . I I. . ,,' " IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. Witness: (SEAL) Deborah S. Rubin (SEAL) Steven c. Kershner - 5 - '. ,-'-...._..,.'.~.' .' . .. . .'. , COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . : ss: . . On this 27th day of December, 1990, before me, the under- signed officer, personally appeared Deborah S. Rubin, known to me (or satisfactorilY proven> to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary pUblic My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss: . . On this 27th day of December, 1990, before me, the under- signed officer, personallY appeared Steven C. Kershner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: " , DEBORAH SCHWABER KERSHNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 94-2155 CIVIL 1994 . . STEVEN CHARLES KERSHNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT I accept service of the Complaint in Divorce on behalf of Steven Charles Kershner, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: May 2, 1994 BARLEY, SNYDER, SENFT & COHEN By: / / Lavere C. Senft, Esq. . Attorney I.D. No. 0742 Attorney for Defendant P.O. Box 15012 York, Pennsylvania 17405 (717) 846-8888 T,' ,J.,' ..-. v. .'C,.! ,~iJj,:iA, ..' '; -IJ6:~ >t~~'~:,: '::"-;;: '.' ',." 'f""n..""" e~;~~\~J ." i_ -'" '"fg. . ~~ '::~~~i' '~.1;~l~~;:~ ~ "-',;&'i- .c "', .' i, ,';f; ~~~~~~'~::~t~:~::~t~,',-;" \~. 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DEBORAH SCHWABER KERSHNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 94-2155 CIVIL 1994 STEVEN CHARLES KERSHNER, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND NOW, comes the Defendant, Steven Charles Kershner, by and through his counsel, Barley, Snyder, Senft & Cohen, Lavere C.Senft, Esq., and files the following Answer: 1. Admitted. 2. Admitted, except that Defendant now resides at 29 Governors Lane, Princeton, New Jersey 08540. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT I 8. The prior paragraphs of this Answer are incorporated herein by reference thereto. 9. Denied. On the contrary, Defendant has not offered any indignities to the Plaintiff. 10. Admitted. WHEREFORE, Defendant requests the Court to dismiss Count I. - 'r~~~~~~(~~:fr ",-.. '-.,;.,.~" .;;;", ""'"". ,.ii,;., f':1.:-~ .-' COUNT II 11. The prior paragraphs of this Answer are incorporated' herein by reference thereto. 12. Admitted. 13. Admitted. 14. Admitted. WHEREFORE, Defendant joins in Plaintiff's request to enforce the Pre-Nuptial Agreement of December 27, 1990 and to direct the disposition of property and interests pursuant to the terms of that Agreement. COUNTERCLAIM - DIVORCE PURSUANT TO SECTION 3301(0) OF THE DIVORCE CODE 15. Prior Paragraphs 1 - 7 inclusive of the Plaintiff's Complaint and Defendant's Answer are incorporated herein by reference thereto. 16. The marriage is irretrievably broken. WHEREFORE, Defendant requests the Court to enter a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, BARLEY, SNYDER, SENFT & COHEN By: {I Lave e C. Senft, Esq. Attorney I.D. No. 074 6 Attorney for Defendant P.O. Box 15012 York, Pennsylvania 17405 (717) 846-8888 14198.1 " ~""." '-;"" "'" ... "..:,-),t~"J~~ . . . I verify that the statements made in this Answer and Counter- claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !i4904, relating to unsworn falsification to authorities. Date: S.S.9~ f::J~ Cf1Q~,r~:A- ~ . Steven Charles Kershner . , . CERTIFICATE OF SERVICE I do hereby certify that on May II 'c;..._~~:-:;-;f~;,~ , 1995 I served the within Answer and Counterclaim on Plaintiffs' counsel of record by depositing the same in the United States Mail, postage prepaid, at York, Pennsylvania, addressed as follows: John C. Howett, Jr., Esq. Howett, Kissinger & Miles, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Lavere C. Senft. Attorney for Defen 14198.1 1'<< o....tL1 :Z:U 00<": <>0 tLI...:1> ...:I;...... Il<OO.::l :z: :z::z::z: OtLIH ~Il< 8E':K ~ I'< <H o ...:IU E-<8:J..:1n ..: 0 In =:J~""'''''' O:Z:E-<N U<UI ...:I<.;t tLIl>: '" i!itLI...:l e~ . :Z:~HO ....UU:z: ~ - ~- ~- ~1~'; )- .',"'; ~~<;~;, '..\ .. .'- "I.-t~ . 01":(:, . ~ '.;c: ';J.~...- ... ..., t.;: ::C 0- N ::z C"') U"l ~ .... V1 .... ..... Cl'r:: ~.::; 00('3 ..:.... tLIll< :>ol ~ 00 z 8 1'<<.:> oz H f::~ >00 <z .::l:::> HO I' ~ ~ ~ ~ ~ ~ ... ~ ... c '" ,.", Cl lii :z:.... . :r: GJ > OO.::l Cl :><l Cl I<l ~ U 00 :: < l>: o ffi .::l ~ l>: < :: U z tLI > ~ ", ,0 . HowIn'r. !{ISSINGER'& 1\In.E~ P.C. .. .. . '- DEBORAH SCHWABER KERSHNER, Plaintiff ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO. 94-2155 CIVIL ) ) CIVIL ACTION - LAW ) IN DIVORCE v. STEVEN CHARLES KERSHNER, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under ~3301(a)(6) of the Divorce Code was filed by Plaintiff on April 25, 1994. The Defendant filed a counterclaim for divorce pursuant to ~3301(c) of the Divorce Code on May 15, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. .~ ',~,:".."...- ';:.. ;;'''''''!iJt::~ .. 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 Par C.S.A. ~4904, relating to unsworn falsification to authorities. Deborah Schwaber Ke Plaintiff Dated: 8 . 14. '\s :==DJ-LsLL. ~< OH :Z:..:I Vl'" :J~~ ""VlH :Z:~ i5G'i:z: ~""H 8~' >:1 ~> l:5 jtj 01 !-<U:Z:II'\ '" 011'\ :::JQ.......-.4 o :Z:!-<N U<UI ~<.q ..:I '" '" ~..:I>:1 e3 > . :Z:!:;HO HUU:Z: t:R - Sf: ...~ tI'o .....~, u-....c..'.... ~oc....:'( ~;: ~~~., ~>: i~: ~ E ID It> M .... ... V'J j. .k ~:J ~~~ .... .... .... "'... ..:Ie: :z: .... ::C:1ll Vl .... "''''' ..:I ~ ~ Vl ~ l:5~ ~Vl ~g; ~8 ii ~~ ~ ~ o! ~:~;~ IE rol 5 Ij ~ o ~ ~ ~ "- it tIl ~ ~ ci j tIl ~ !!i ... ~ .. ~ ; ~ ~ :- ... ~ . > ... e: III "CI . e: '" OJ ..:I.... ~~ Vl '" ..:I ~ !5 <Q -0: ~ Vl ~ ~ "" ~ '" < ::c: U G'i > ~ Vl , .. . . . . ..... , , HowF.'l'r. 1{lssiNGlm & Mn.F.H, ".C. "'''''-#'I''-~' - h".,. ,';::",: .. ..'.~ '.U ..~ ~~y. ~.;:.:: , " - DEBORAH SCHWABER KERSHNER, Plaintiff ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTV, PENNSYLVANIA ) ) NO. 94-2155 CIVIL ) ) CIVIL ACTION - LAW ) IN DIVORCE v. STEVEN CHARLES KERSHNER, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under ~3301(a)(6) of the Divorce Code was filed by Plaintiff on April 25, 1994. The Defendant filed a counterclaim for. divorce pursuant to ~3301(c) of the Divorce Code on May 15, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. . . .. . .~ ... 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 Par C.S.A. ~4904, relating to unsworn falsification to authorities. Dated: 8/11/~5 ~~aLI~. steven Charles Kershner, Defendant b~ .- ~ ~I~ . ,., gj " ~~- . :g III ~ :. oJ ;: . - ~.... "'.... )l ,,~ ~ -~ I~ .-t~ ~j::lffi ,., ... gl:j W ;; ~ 'n ;~ I~~ o ~"" ,~ .,., B =: 5l g [J~~ Ul#l . ft ~ ~ l:l ffi ~~ l:t:. . r '1Ol: ~ 6 > g;ui o~~~c; ~ l:t: . ~ rn iI ~ l;i ~i~ ... rn Sl :> ~I~ - - .. ~ !!l I i t: ~ t:1 ~ ~ ~~ ~ ~ Izl ~ 0 =: . ... -- .; "I . . IIOWI+:...T. l\.t....'.'q~I;I.:H b.' .\1111:.... 1'(', k APR 25 1994 f , DEBORAH SCHWABER KERSHNER, plaintiff ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, ENNSYLVANIA ) c.:::- 'II..... ' tv: I T~ ) NO. -0' 0, 1994 ) ) CIVIL ACTION - LAW ) IN DIVORCE v. STEVEN CHARLES KERSHNER, Defendant ORDER AND NOW, to wit, this tt. t!,day of ~, 1994, upon consideration of the Plaintiff's Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 and 23 Pa.C.S.A. ~3323(f), the Court hereby schedules a hearing to address the issues raised in ~, 1994, at ;l30,n/IJ in that Petition for ~)Ru!~~a,~ q Courtroom no. -< Pending further order of Court, Defendant shall not remove, dispose of, encumber, sell, convey, destroy or dissipate any of the personalty located at 5610 Pinehurst Way, Mechanicsburg, Pennsylvania, 17055. BY THE COURT: Date: ,,r, / / .I ... l,/~-",~ ( . ..,.. _ r:! /(; t-'tL,.,t..,.v...... . ./ ..-;>? ."..-c;:tf-<-"" d' 1-14~!q'l i. J...',: l~~ t'" rt. ;., P-};":' ~ '0. ;. I: I.. '.. ,.-. "-/, '1ji~ .;./c~. , ".,L. '-~. . ,i- L~ c. C. ' ~',J . i ',: " =.../L / ,. of- - . - / . /1 . (/ .. -1/-" ,I , /1 ,/" .- -,' .....1"':(...."'.-;; "t<{~.u.._..'-.~ r....... C; e~o1- ,...".~...1.J....,.1 al.(,/r,<t. ,.i.f. . DEBORAH SCHWABER KERSHNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO, 1994 STEVEN CHARLES KERSHNER, Defendant CIVIL ACTION - LAW IN DIVORCE AND NOW, to wit, this o R D I!I R day of , 1994, upon consideration of the Plaintiff's Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 and 23 Pa.C.S.A. ~3323(f), the Court hereby directs, adjudges and decrees the following: 1. Husband shall provide Wife with access to the marital home for purposes of removing all items of her sole and separate property pursuant to the parties' prenuptial agreement of December 27, 1990, upon forty-eight (48) hours written notice from Wife. 2. Husband shall, within two (2) days of the date of this Order, take all steps necessary to reinstate Wife on the medical insurance policy available to him through his employment with IBM. BY THE COURT: Date: ..i'....,"'..._.~.._". ,.,""'....""...... . DEBORAH SCHWABER KERSHNER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 1994 ) STEVEN CHARLES KERSHNER, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PBTITION FOR SPBCIAL RELIBP PURSUANT TO PA.R,C.P, 1920,43 AND 23 PA.C,S.A, S3323(fl AND NOW, to wit, this day of , 1994, comes the Plaintiff by and through her counsel, John C. Howett, Jr., Esquire, and files this Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 and 23 Pa.C.S.A.~3323(f) and in support thereof states as follows: 1. Deborah Schwaber Kershner (hereinafter referred to as "Wife"), is an adult individual who currently resides at 3411 Midfield Road, Baltimore, Maryland, 21208. 2. Steven Charles Kershner (hereinafter referred to as "Husband"), is an adult individual who currently resides at 5610 Pinehurst Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties were married on December 30, 1990, in Baltimore, Maryland. On August 12, 1993, the parties separated. Contemporaneously with the filing of this Petition, Wife has filed a Complaint in Divorce against Husband, docketed to the above number. 4. On December 27, 1990, prior to their marriage, the parties executed a prenuptial agreement, a copy of which is attached hereto, marked Exhibit "A" and incorporated by reference herein as if set forth at length. 5. wife has asked for enforcement of the prenuptial agreement in her Divorce Complaint. COUNT I 6. paragraphs 1 through 5 above are incorporated by reference herein as if set forth at length. 7. Pursuant to paragraph 3 of the prenuptial agreement, Wife is, among other things, entitled to all of her separately owned property whether obtained by her prior to the marriage or acquired by her during the marriage. 8. Husband has refused to allow Wife ample access to the marital home so that she can remove all items of her sole and separate property. 9. Furthermore, during the limited times that Husband allowed Wife into the marital home, Wife observed that Husband had removed or secreted various items of her sole and separate property. 10. Accordingly, Wife requests this Honorable Court to direct Husband to allow her adequate access to the marital home so that she can remove all items of her sole and separate property. 11. If the Court does not enter such an order, it will severely prejudice wife in that, Husband may continue to remove, 2 . assign, convey, encumber, sell, or de6~roy her items of sole and separate property some of which, because of sentimental reasons, are irreplaceable. COUNT II 12. Paragraphs 1 through 11 above are incorporated by reference herein as if set forth at length. 13. In addition, Wife has been notified that since the date of separation, Husband, who is employed by International Business Machines (hereinafter referred to as "IBM"), directed IBM to terminate Wife's medical insurance coverage through that employer. 14. Since Wife, who is unemployed, was unable to pay the cost of obtaining medical insurance for herself, she was faced to borrow money from her mother to obtain medical insurance coverage. Currently, Wife must pay the amount of $650.06 every three months to maintain medical insurance coverage. In addition, the coverage obtained by Wife has a $2,000 annual deductible. Moreover, pre-existing condition coverage is excluded. 15. Wife does not expect to be able to afford to pay the cost of medical insurance until such time as the property is distributed pursuant to the parties' prenuptial agreement. Furthermore, Wife cannot continue to borrow money for private medical insurance coverage. 16. If Wife is not reinstated in Husband's medical insurance policy through his place of employment immediately, 3 Wife may not have any medical insurance coverage as she financially cannot afford to continue her private insurance coverage, 17. Wife believes that the cost of including Wife as an insured is either born entirely by IBM or is at a low or nominal cost to Husband. 18. Husbands action in removing Wife from the medical insurance not only deprives her of current coverage but may also preclude her from entitlement to COBRA rights to continued coverage once the Divorce Decree is granted. Any such COBRA rights would be at no cost to Husband. 19. Any potential prejudice to Husband in reinstating wife on the medical insurance is diminima in comparison to the cost to Wife of obtaining individual coverage. The potential harm to Wife is exacerbated due to the high deductible of the new coverage. 20. Pursuant to 23 Pa.C.S.A. ~3323(f) the Court, in all matrimonial cases, has full equity power to grant such relief or remedy as equity and justice require in order to protect the interests of the parties. 21. Furthermore, Pa.R.C.P. 1920.43 provides the Court with authorization to grant special relief upon the filing of a petition setting forth facts entitling the party to relief. 4 .....,._..~.~... ~..:...-~.'..,~. -,~' ,'.'.'.,.,.,' '. WHEREFORE, Plaintiff respectfully requests this Court to enter an order directing the following: 1. That Husband grant Wife adequate access to the marital home to remove her items of sole and separate property as defined by the parties' prenuptial agreement dated December 27, 1990, upon 48 hours notice from Wife that she intends to enter the home. 2. That Husband, within two days from the date of this order, take all steps necessary to reinstate Wife on the medical insurance coverage available through his employer, IBM. 3. Any other relief that this Court deems appropriate. Respectfully submitted, Date: vft > /~1 ~ Howett, J ., Esquire ETT, KISSINGER & MILES, P,C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Attorney I.D. No. 20092 Counsel for Plaintiff Deborah Schwaber Kershner 5 " '. VERIFICATION I, DEBORAH SCHWABER KERSHNER, hereby swear and affirm that the facts contained in the foregoing 1>PHHnn for Sceclal Relipf are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: April 25, 1994 'I'~ ~(_'A.L .s~LJ~... )(L.....L.- DEBORAH SCHWABER KERSHNER ' ,_......,'~.,.,...,._""'~.~'f' . . PRE-NUPTIAL AGREEMENT THIS AGREEMENT, made this 27th day of December, 1990, by and between DEBORAH S. RUBIN, of cumberland county, Pennsyl- vania (hereinafter called "Wife"), and STEVEN C. KERSHNER, of Cumberland county, Pennsylvania (hereinafter called "Husband"). WITNESSETH: WHEREAS, the parties hereto are about to become Husband and Wife and, in contemplation of their intended marriage, desire to fix and determine the property rights which each of them shall have in the property and estate of the other: and WHEREAS, the Husband and Wife each were married before and Wife is the parent of a child by virtue of a previous marriage: and WHEREAS, each party is the owner of the real and personal property shown on Appendices A and B of this Agreement: and WHEREAS, each party has disclosed to the other the nature and extent of his or her respective real and personal property and his or her respective present and future income potential: and WHEREAS, a suoroary of said disclosures of the financial condition of the Wife is set forth on a separate statement attached hereto and made a part hereof as Appendix "A", which has been signed for identification purposes by the parties: and EXHmIT "A" t:~~~, '~"',\ '.' . . WHEREAS, the Wife, prior to the execution of this Agree- ment, has consulted with and been advised by her attorney, Delano M. Lantz, Esquire, McNees, Wallace & Nurick, who has reviewed this Agreement and advised the Wife as to its legal meaning and consequences: and WHEREAS, the Husband prior to the execution of this Agree- ment, has consulted with and been advised by his attorney, Harry J. Rubin, Esquire, Liverant, Senft and Cohen, who has reviewed this Agree~ent and understands its legal meaning and consequences. NOW, THEREFORE, in consideration of the foregoing and of the reciprocal proDises made herein, the parties agree as follows: I. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble to this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. II. WAIVER OF RIGHTS IN ESTATES Except as otherwise specifically provided in this Agree- ment, each of the parties hereto does hereby waive, relinquish and release any and all right, claim or demand which he or she might otherwise have at any time hereafter in the real and personal property or against the estate of the other by reason - 2 - "~"'"...c.,. '!_ " . of marriage, whether by way of dower or curtesy or rights in the nature of dower or curtesy or any right of the surviving spouse to share in the estate of the other or to receive any allowance or exemption from the estate of the other, or any right to take against the will of the other, or the right to act as administrator or as administratrix of the estate of the other. This waiver shall not act to bar either party from benefiting from any testamentary provision made in that spouse's favor by the other spouse in his or her will. However, the parties acknowledge that no representations or promises of any kind whatsoever have been made by either of them to the other with respect to any such bequests or legacy. Notwithstanding the above, Husband hereby agrees to imme- diately establish a testamentary trust for the benefit of Wife. Husband agrees to devise at least one-half of his net distributable estate to the said trust, and to have the estate as the beneficiary of all life insurance on his life. The trust terms shall provide that, in the event Husband and Wife are married as of the date of Husband's death, then Wife shall receive income from the trust for her life. An established trust institution shall be named as the trustee of the trust. All of Husband's obligations under this paragraph shall terminate in the event the parties become divorced. " - 3 - (...;.^"':,......." III. WAIVER OF CLAIMS TO SEPARATELY-OWNED PROPERTY Except as otherwise specificallY provided in this Agree- ment, after the marriage between the parties, each of them shall separately retain all rights in his or her own property, whether owned prior to the marriage or thereafter acquired in his or her individual name or capacity, and each of them shall have the absolute and unrestricted right to dispose of such separate property, free from any claim that may be made by the other by reason of their marriage, and with the same effect as if no marriage had been consummated between them. This pro- vision is intended to act as a waiver of each party's rights in the other party's property, and to apply to all property, however and whenever acquired, inclUding but not limited to property acquired through gift or inheritance, earned and unearned income, and all appreciation, income, proceeds, or reinvestment of any income, appreciation, or proceedS, of any of the aforementioned property. In granting this reciprocal waiver, each party hereby designates the aforementioned property as separate property and excludes said property as marital property pursuant to section 401(e)(2) of the Pennsylvania Divorce Code of 1980 and any similar provision of any similar statute in any applicable jurisdiction, intending by such exclusion to waive any and all rights to equitable distribution of said property pursuant to - 4 ,~ any relevant divorce code. This provision shall also act to exclude such property from the definition of community property and from a distribution as such under the laws of any appli- cable jurisdiction. Notwithstanding the above, Husband hereby agrees that, if the parties remain married for at least three years, then the value of all of Husband's property that exceeds the sum of (a) $525,000 plus (b\ the value on the date of receipt of any inheritance received by Husband, shall be deemed marital prop- erty. Likewise, notwithstanding the above, Wife hereby agrees that, if the parties remain married for at least three years, then the value of all of Wife's property that exceeds the sum .', . of (a) $10,000 plus (b) the value on the date of receipt of any inheritances received by Wife, shall be deemed marital property. In the event of a separation and divorce, then the marital property as defined above shall be divided equally between Husband and Wife. IV. WAIVER OF PENSION RIGHTS Except as otherwise specifically set forth in this Agree- ment, each party hereby forever waives any rights to which he or she may hereafter otherwise become entitled, either as participant, spouse of participant, or beneficiary, as to any pen~ion or profit sharing rights of the other, including but - 5 - not limited to qualified plans, individual retirement accounts, and beneficiary interests in any existing retirement plan. Further, each party hereby agrees to consent to any election made by the other to waive any qualified joint and survivor or preretirement survivor annuity provided under any such plan or account and to any beneficiary designation made by the other thereunder. This waiver does not bar either party from receiv- in9 benefits under an express written beneficiary designation by the other party. Notwithstanding the above provi~ion Husband agrees that if Husband and Wife are still married on the date the election is to be made, Wife shall not be required to consent to any election by Husband to waive any qualified joint and survivor or preretirement survivor annuity provided under any qualified plan as described above, and Husband further agrees that, in such event, Wife shall be entitled to all of the rights of a spouse that are provided by la~. V. TRANSFERS BETWEEN THE PARTIES Notwithstanding the provisions of this Agreement, either party shall have the right to transfer or convey to the other any property or any part or interest therein which may be lawfully conveyed or transferred during his or her lifetime or by will or otherwise upon death, and neither party intends by - 6 - '''.....H_-~"\, .,...,-.~,".,.- this Agreement to limit or restrict in any way the right and power to receive any such transfers or conveyances form the other. The parties further agree that joint use of premarital assets, including but not limited to joint residence in a premarital home of either party or joint use of premarital furniture and furnishings, shall not be used by either party as a factor in determining or proving whether said premarital assets have subsequently been transferred either to the other party or to the parties jointly as Husband and ~;fe, but rather that any such transfers, to be effective, whether as gifts or otherwise, must be made in a clear or unequivocal fashion, such as by a formal transfer of title or similar means. VI, WAIVER OF SUPPORT AND CI,AIMS ARISING UNDER THE DIVORCE CODE Except as otherwise specifically set forth in this Agree- ment, each party hereby expressly waives any and all rights which he or she might otherwise, by virtue of the parties' impending marriage, acquire to spousal sup~ort, equitable distribution of marital property, division of community prop- erty, alim.9nY Bendente lite, alimony, counsel fees and costs, or any other rights provided by the Pennsylvania support LaW, the Pennsylvania Divorce Code, or any similar provisions of the laws of any other applicable jurisdictions. " - 7 - .........~.-:-'_. Notwithstanding the foregoing, Husband agrees that, in the event the parties are married and living together as husband and wife for at least three years, and thereafter separate, he will pay spousal support to Wife from the date of separation to the date of a divorce or for one year, whichever first ~ccurs: in the amount of 10% of Husband's net income after deductions of federal, state and local taxes. VII. ADDITIONAL INSTRUMENTS The Husband and Wife, shall, at any time and all times, upon request by the other party or his or her legal represen- tatives, make, execute, and deliver to the other party any and all such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agree~ent, without charge therefor. The parties hereby agree to execute and acknowledge two originals of Appendix "e" which is attached hereto and made a part hereof, and that each party will immediately receive one fully executed and acknowledged original of said Appendix which either party may then record at any time without the further consent of the other. The parties agree, however, that in the event any provision in Appendix "C" is inconsistent with the terms of this Agreement, then the term of this Agreement shall control to the extent of such inconsistent provisions. - 8 - VIII. EFFECTIVE DATE This Agreement shall become effective only in the event that the contemplated marriage between the parties takes place, and if the contemplated marriage does not take place, this Agreement shall in all respects by null and void. IX. CONSIDERATION The consideration for this Agreement is the mutual promises contained herein and the marriage which is about to take place between the parties. X. APPLICABLE LAW This Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania, and the courts of the commonwealth of Pennsylvania shall have the jurisdiction over the parties to interpret or enforce any provisions of this Agreement. XII. MODIFICATION AND WAIVER Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement or any right or option - 9 - hereunder shall not be controlling I nor shall it present or estop such parties from hereafter enforcing such provision, right, or option: and the failure of either party to insist in anyone or more instances upon strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. XIII. CONSTRUCTION The headings in this Agreement are for the sole purpose of convenience and shall not be used in interpreting this Agree- ment. This Agreement shall not be construed against either party in that both parties have had equal opportunity to participate in its preparation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ~CI'~(SEAL) Steven C, Kershner =::::>-;;-fn...~L ~ ~{'~SEAL) Deborah S. Rubin " - 10 ,~:...>.,.. APPENDIX "A" December , 1990 PROPERTY OWNED BY DEBORAH S. RUBIN 1986 SAAB Miscellaneous furniture and household goods " " 'Dee 27 '93 14111 I<Ri:KSTtIlCRUElII'CLASo.."Y:l . . P.2"EI APPENDIX "B. Dec:emb~r;JO. 1990 .' ~ROPERTY OWNED BY STEVEN C, KER~R il a7,~C:C. . . ~- _ eeJl."FtC,A~ q'" perc&1 r ! /J. '7,BiO.' . c.olo\~ItWl!"t..T~ 1J~1I014~1. ~o.I\L. - ceP."f'~'~ Of' R!:~" CAMP Illl.lr,f~. . 6~1"'~ ~ ,.He!llc..r.- 6U~V4'rA IF~. Ii ftOFo'NHC. $4~Il>l(r6 AWI~ I~' , . . 1'''\JPI>I4TI,.~-B^WE &E~~'''le~ ,... QSttT1I'IU>~e. Of P2I'OSIT - c~3,OoO.. luO!tl'l\\.'f.'1"6 eiJfl.c.-. PA. o ~UP8~TI"\. - eAq.)~ S~p.r\'II:.!> (rOp.mLIi\{SeulUol fA, · hl.u~T'''\..' ~...~e. seGUJtlTIfS UO~ML&'{&I)Il~1 P-'. . ~1IPe.~'''L..- e,/I.C.I\!:. SCLO~mes -:r11-}. 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(J/.ltJ!P..~.s .:j'I';T.~r #t ?1ZJ'o~D7. - -~- # ft7,ooG'. ..:...-.:-.:..:._. .o.~ .... ....... ..-....o. . ~ 0__. ..... .., __............. .. . ... .... _. _...._. 0.... ....._........... _.__......... ._. _ ... ._....._...._..~... ...__ ___ .._. w.... _ . -.:..-..--- - .... J'....,...''''"',. '- ARTICLES OF AGREEMENT MADE and entered into this 27th day of December, 1990, between DEBORAH S, RUBIN, a single woman, of cumberland county, pennsylvania, and STEVEN C. KERSHNER, single ~an, of cumberland county, Pennsylvania. WITNESSETH: WHEREAS, the parties are engaged to be ~arried, and marriage is intended shortly to be had and solemnized between them: and WHEREAS, each of the parties either now owns and possesses or may hereafter o.~ and possess certain separate and several estates in real property, lands messuages, tenements, and hereditaments, hereinafter referred to as "real property": and each of them desires to retain to herself or himself respectively after such ~arriage the use, ownership, control and disposition of her or his said respective real property to the same extent as if they remained sole and unmarried, and desires further to be able to execute without the joinder of the other therein such deeds, ~ortgages, leases, sales agreements and other instruments in writing which pertain to or affect said real property as shall fully protect any purchaser thereof or other person dealing therewith: and " APPENDIX "C" ~'''-;- -" - j . -'i/!l'."ir--'.'~:'. WHEREAS, each of the parties desires, therefore, to limit his or her respective rights in the other's said real property, as now or hereafter composed, in the manner and upon the terms hereinafter set forthl NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, that for and in consideration of the premises and of the mutual covenants and agree=ents herein contained, the parties, for themselves, their heirs, executors, administrators, and assigns, have covenanted and agreed, and by these presents do covenant and agree, to and with each other, their respective heirs, executors, adcinistrators, and assigns, as follows: (1) Neither party shall have the right to take over or to share in any of the separate estate in real property of the other of them, whether now o~~ed or hereafter to be owned by him or her respectively or of which he or she may now be or may hereafter become seized, either before or after such marriage, including any such estate as was leased, mortgaged, encumbered, conveyed, or agreed to be conveyed, for which an option to purchase was granted, or any other instrument in writing which pertains to or affects the same was executed, by the other of them, whether said taking or sharing be on account of or by way of exemption or dower or curtesy or homestead right or under the intestate laws or any other statutes now or hereafter in force and effect or by way of election to take against the wi11 - 2 - r-... -~~-- .. , of the other. Each party hereby remises, releases, quit-claims and fully and forever discharges the other, her or his respec- tive heirs, executors, administrators and assigns, and any and all of the other's said respective estate in real property, of and from any and all liability, claim, demand, or charge whatsoever on account of or by way or dower or curtsey or homestead right or under the intestate law or any other statutes now or hereafter in force and effect or by way of election to take against the will of the other, or to which he or she may, might, could be or could have been entitled as wife or widow or as husband or widower of the other, or in any manner whatsoever by reason or their marriage. (2) commencing with the date of this Agreement, the use, ownership, control and disposition of the separate and several estates in real property now owned or hereafter to be owned by him or her respectively or of which he or she may now be or may hereafter become seized either before or after such marriage shall continue and remain freely ana absolutely in each of them respectively in the same condition and under the same rights in law as if the said parties were sole and unmarried. (3) commencing with the date of this Agreement, each party ,may lease, mortgage, encumber, convey, agree to convey, grant an option to purchase or execute any other instrument in writing which pertains to or affects any or all of his or her, - 3 " " ,,,;.-c.,,,.,,. f .\ , f .} t, respective real property without the joinder of the other party in such deed or instrument in writing, which said deed or other instrument in, writing, nevertheless, shall pass as full and complete a title to the said real property and shall bar all and any right, title and interest therein of the other party to the same extent as though the other party had joined in the execution thereof. (4) The provisions in paragraphs (2) and (3) herein are intended to act as a waiver of both parties' rights to equit- able distribution of the property as marital property under the pennsylvania Divorce Code of 1980 in that such property is hereby excluded fro~ the definition of marital property pur- suant to section 401(e) (2) of said Code. (5) This Agreement is written, executed and recorded with the intent that any and all persons dealing with either spouse herein may rely thereon, and the waiver, quit-claim and release stated in paragraphs (1)-(3) herein shall operate to fully protect such third parties in accepting and relying upon deeds, leases, mortgages, options, and any other instruments without the joinder therein of the spouse of the owner of the same. (6) Nothing in this Agreement shall be interpreted to limit in any way the right of the parties hereto to hold property as tenants by the entireties with all the rights, responsibilities and limitations incident thereto. - 4 - h.,. , 11 . , , . ,. . .. II . IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. Witness: (SEAL) Deborah S. Rubin (SEAL) Steven c. Xershner " - 5 - - ,It ~~r - ......--...-...... f " , . .. ~ . I . , ,I .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . : SS: . . On this 27th day of December, 1990, before me, the under- signed officer, personally appeared Deborah S, Rubin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary pUblic My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . ss: : On this 27th day of December, 1990, before me, the under- signed officer, personallY appeared steven C. Kershner, known to me (or satisfactorily proven> to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public MY commission expires: ., .,. en - >-... ~.; r- ....." w<..,?_. c.;; ;,... '.- ',;"~ \-:'~~':~; ~~~~S~ ~ "" '" r- c--J '",-.;. : I :~', ~..! ,~: a. ;:~ d: >- ... = III ra ~ z 04 11::.... .,., 2 l:.I l1< rIl.... ~ I::: ~ .. !;l:;J II::ra 0 Z ... rIl'tl " o ~ '" lIll::: !;l@ ill ~ t: t .. ~~ '" 1I::'"j S~ w 0 .-i rIlra lIl.... II: ~ OZ ~~ :><:.-i II::Ql E-<H is Z Iii N U::J l1< rIlQ Ho-:l on l:.I t ;; < 0 II:: :><: &l~ ~~~ !! Z r<.u > rIl ~ ~ ~ 0 H III III ll< is l:.I i 2 .. Q U ~ III rIl ~~ ci ~ E-< ZICC Z > 04 ~~ ~ S 0: z II:::jH ano II:: z o zanH U :a U z w '" OIl::ICC.-iE-< III im ~~S .. U rIl> N U U "- 11104 1'< :tl l:.I It rIl ~><... l:J Z ..l 0 :tl ::JlIl '" 04 rIl ~ ll:: >- E- UZ H 0 > < Z .> III rIl lQ Z r<.rIl OH rIl E-< III . . . "r ", .- 1"...,.,......:.;...,....... .-tlIt .. DEBORAH SCHWABER KERSHNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. STEVEN CHARLES KERSHNER, Defendant No. 94-2155 CIVIL 1994 CIVIL ACTION - r.AW IN DIVORCE ANSWER TO PETITION ~OR SPECIAL RBLIE~ AND NOW, May ~~ ' 1994, Defendant, by his counsel, Barley, Snyder, Senft & Cohen, Lavere C, Senft, Esq., files the following Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Paragraphs 1 - 5 7. Denied as stated. are incorporated herein by reference. Defendant avers that Paragraph 3 of the Pre-Nuptial Agreement speaks for itself. 8. Denied. On the contrary, Defendant has agreed to allow access to his residence and to allow Wife to remove all items of her sole and separate property, provided suitable arrangements are made as to date, time and the avoidance of disputes. 9. Denied. Husband has not removed or secreted any items of Wife's sole and separate property. 10. Paragraph 8 is incorporated herein by reference. , . .' 11. It is denied that Husband has removed, assigned, con- veyed, encumbered, sold or destroyed any items of Wife's sole and separate property. 12. Paragraphs 1 - 11 are incorporated herein by reference. 13. Denied. On the contrary, wife and Wife's counsel were repeatedly advised that IBM was revamping its medical insurance program and that Husband would be required to elect new coverage in January, 1994, which would require him to pay premiums for coverage for his Wife, and that he did not intend to elect coverage for anyone but himself and repeated previous suggestions that Wife take steps to obtain individual coverage, 14. Husband is without information sufficient to form a be- lief as to the truth of the averments of Paragraph 14 of the Peti- tion and the same are deemed denied and proof demanded if relevant. 15. Paragraph 14 is incorporated herein by reference, 16. Paragraph 14 is incorporated herein by reference, It is further averred that it is impossible to reinstate Wife's coverage under Husband's group insurance even were Husband inclined to do so. It is further averred that Husband, by reason of the provi- sions of Paragraph 6 of the Pre-Nuptial Agreement, has no legal obligation to provide spousal support, of which the payment of health insurance premiums is a part. 17. Denied. Husband further avers he has no legal obligation to support Wife by reason of the provisions of paragrapb 6 of the Pre-Nuptial Agreement, -2- . " . . 18. Paragraph 17 is incorporated herein by reference. 19. paraqraph 17 is incorporated herein by reference. 20. Paragraph 20 of the Petition pleads a leqal conclusion to which no Answer is required. 21. Paragraph 20 is incorporated herein by reference. WHEREFORE, Defendant requests the Court to dismiss Wife's Petition, Respectfully submitted, BARLEY, SNYDER, SENFT & COHEN By: ...z::-V': Lavere C. Senft, Es Attorney I.D. No. 0 26 Attorney for Defendant P.O. Box 15012 York, Pennsylvania 17405 (717) 846-8888 I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made sub- ject to the penalties of 18 Par C.S. ~4904, relatinq to unsworn falsification to authorities. Date: ~ ( 2.0 . Cf4 %~~C;;{tdJ'~ steven Charles Kershner -3- ~ .' CBRTIPICATB OP SBRVICB I do hereby certify that on May ;?j' , 1994 I served the with- in Answer to Petition for special Relief on Plaintiff's counsel of record by depositing the same in the United states Mail, postage prepaid, at York, Pennsylvania, addressed as follows: John C. Howett, Jr., Esq. Howett, Kissinger & Miles, P.C. 130 Walnut street P. 0, Box 810 Harrisburg, PA 17108 vere C. Senft Attorney for Def v. I I I I I I I IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEBORAH SCHWABER KERSHNER, Plaintiff STBVEN CHARLES KERSHNER, Defendant 94-2155 CIVIL TERM ORDER OF COURT AND NOW, this 1~ day of June, 1994, upon relation of John C. Howett, Jr., Esq., attorney for Plaintiff, that an agreement has been reached and a stipulation is to be signed on the Plaintiff's Petition for Special Relief, the hearing previously scheduled for June 8, 1994, is CANCELLED. BY THE COURT, W{, J John C, Howett, Jr., Esq. 130 Walnut Street P.O. box 810 Harrisburg, PA 17108 Attorney for Plaintiff Lavere C. Senft, Esq. P.O. Box 15012 York, PA 17405 Attorney for Defendant :rc \' ).;'" j ,'1 ,-j\; " ~'j', ';'}i, ' ~6, Ht f.S 6 G /wr (S ~ Il. ~i~ i ~ '" ~I~i -l := , - .... ... - I~ ,+I ~ ~ 0 ~ I~ ~<ij!~~ ~P<~tj :ll g ~ .~ S!~ ~ ~ ffi ~ Jj ~ ~~~ r . ~2! o ~ ~ IE ~ > [:; lt\ I ~ i:l ..... < 0 . j CIl it ~ ~ ~ ~~ CIl:il ::> ~ - - .. ~ ~ 81~~ '" t < I I f!l :r: ~ '" El III ~ ~d ~ 0 uz := , ., 2 . '. . . 110\\'1-:"1-1', liISslsC;!,:n /:\: :\III.ES, I'.C. '. 11 JUL 01199. '. DEBORAH SCHWABER KERSHNER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94-2155 CIVIL TERM ) STEVEN CHARLES KERSHNER, ) CIVIL ACTION - LAW Defendant ) DIVORCE ORDER AND NOW, TO WIT, this ~~ day of J..!ll , 1994, upon consideration of the foregoing stipulation for Court order, it is hereby ordered, Adjudged, and Decreed, that the terms of the stipulation for Court Order is hereby incorporated into this Order of Court. BY THE COURT: /: J. Date:~L... { 1'19LI -, I !/ ~." ,/j , .. -- /'"', / /. ;' . / . I V "-;?i-,jr c/ r . C) N.Od.!.id H'- ,,/t,-/9Y "~'l.,df4.. rr-&f' (', c/ . DEBORAH SCHWABER KERSHNER, ) IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94-2155 CIVIL TERM ) STEVEN CHARLES KERSHNER, ) CIVIL ACTION - LAW Defendant ) DIVORCE STIPULATION POR COURT ORDBR AND NOW, TO WIT, this ?-f( day of ~ , 1994, come the parties, Deborah Schwaber Kershner and Steven Charles Kershner, by and through respective counsel, John C. Howett, Jr., Esquire and Lavere C. Senft, Esquire, and present this stipulation For Court Order and in support thereof state as follows: 1. Deborah Schwaber Kershner (hereinafter referred to as "Wife"), is an adult individual who currently resides at 3411 Midfield Road, Baltimore, Maryland, 21208. 2. Steven Charles Kershner (hereinafter referred to as "Husband"), is an adult individual who currently resides at 5610 Pinehurst Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties were married on December 30, 1990, separated on August 12, 1993, and Wife filed a Divorce Complaint on April 25, 1994. 4. wife also filed a Petition for Special Relief Pursuant to PA.R.C.P. 1920.43 and 23 PA.C.S.A. S3323(f) (hereinafter referred to as "Wife's Petition") on April 25, 1994. r '.... ," ~.~..".- . . - 5. The parties have reached an agreement concerning the issues raised in Wife's Petition. 6. Accordingly, the parties hereby agree and stipulate as follows: A. Husband shall immediately take all steps necessary to reinstate Wife on the medical insurance coverage available through his place of employment, International Business Machine, Incorporated, on or before July 1, 1994: B. Husband shall be responsible for paying the cost of such insurance coverage, however, Wife shall be responsible for all of her own uninsured medical expenses: c. The parties shall file a joint 1993 Federal Income Tax Return and the resulting refund shall be the sole and exclusive property of Husband. Husband shall hold Wife harmless from any liability which might arise in the future with regard to penalties, assessments, and costs of defending tax audits, relating to the 1993 joint tax return or other matters arising from the filing of the 1993 Federal Joint Tax Return. D. Husband shall provide Wife, the packers, and the movers access to the marital home at 8:00 a.m. on June 25, 1994 for the purpose of removing items of personalty as was agreed at the June 8, 1994 meeting between the parties which was memorialized on videotape. ~ , .,. ~,...,--,,,., . . E. This stipulation shall be incorporated into an order of court, Intending to be legally bound, the parties hereby, by and through their counsel, acknowledge their agreement. LL lr~ John W6wett, Jr., Esqu re Counsel for Plaintiff ~< 0>-< :Z:t&l en<>: t&l..:l0 ..:l><> lloen>-< :Z:c:l ~ffi:z: ~llo>-< 8 . >:1 it::>:> ~!Z:<>-< O::>..:lU E-08:;\',,, <>: 0'" ::::J~Ht""'I O:Z:E-oN U<UI ..:l<-<t t&l<>: '" :r:t&l..:l E-o"">-< :>::> . zO.....O >-<uu:z: an ~ :c: c- o '':> -;;r ,-- <'l 0.. W V) . ffi ~~ en OM ffi;:! :.l'M ffi~ ""llo ~ U en :r: ~ t&l c:l ~J ~.- , ~ ' -, .~:: ""- \"- - ~ \'- ,.;>"~ J:) . ~ ~ ~ . ~.'" , , ....! ~ f"'\'-!.\: r--', . \::.J ~ \::::j . > , ffi'" :z: '" :r:'" en't:l ffi@ :.l~ enc:l ~ <>: < :r: U :z: t&l > t&l !ii i5 ~ ;~ 13~ h ~ 0 ~ ~:!;~ IE fiI ~ lj ~ o~~lEo. ~~=~~ ~ .... 2 ~ ~ O! ~ :c u ~ ~ !j ~ ~ " ~ -.., .- HowE'l"r. I{IHS1~GF.n. & l\III.F.s. P.C. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH SCHWABER KERSHNER, ) Plaintiff ) ) v. ) NO. 94-2155 CIVIL ) STEVEN CHARLES KERSHNER, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE OF ELECTION TO RETAXE MAIDEN (FORMERI SURNAME Notice is hereby given that Deborah Schwaber Kershner, plaintiff in the above-captioned action, having been granted a final Decree in Divorce from Defendant Steven Charles Kershner on the 13th day of September, 1995, hereby elects to retake and hereafter use her maiden/former surname of Deborah A. schwaber, and gives this written notice avowing her intention. Date: q-X~-q~ -\ ./~L... sL '- Kl,J. - Deborah Schwaber Kershner TO BE KNOWN AS: ~ /I A ~.J-I S~ Deborah A. Schwaber COMMONWEALTH OF PENNSYLVANIA ) 'T>~--""" ~. ) SS: COUNTY OL/.I.rF ,1v!../ ) ON THE ;}-.IIJ DAY OFC~.J)~ -' , 1995, before me, a Notary Public, personally appeated Deborah Schwaber Kershner, to be hereafter known as Deborah A. Schwaber, known to me to be the person whose name is subscribed to the within document, acknowledged that she executed the same for the purpose contained therein. IN WITNESS WHEREOF, I have seal. HOM!\!AL SEAL II SHIMP, Hol.\,y Public Haffi~'JiQ. 03.cJihin Cour,ty. PA My Con;f1ullion upir.. AUlIlOIt 23. 1887