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HomeMy WebLinkAbout02-3297MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909~4060 Attorneys for Plaintiff CYNTHIA K. RINGHOFFER, Plaintiff ALAN D. RINGHOFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 117 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. 1~ 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hilt, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA K. RINGHOFFER, Plaintiff ALAN D. P,_INGHOFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Oa-3 7 : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Cynthia K. Ringhoffer, who is residing at 343 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff has resided at this address for the last 13 years. 2. Defendant is Alan D. Ringhoffer, who is residing at 343 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant has resided at this address for the last 13 years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 10, 1977 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. Neither of the parties in this action is presently a member of the Armed Forces. The Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and that Plaintiffmay have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divome decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That Defendant has offered such indignities to Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; (b) The marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY, A!~IMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 12. Plaimiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. 14. Plaintiff. 15. Defendant has sufficient income and assets to provide continuing support for By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay attorney% fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court: (a) (b) (c) (d) (e) Enter a decree in divorce; Equitably distribute all property, both personal and real, owned by the parties; Compel Defendant to pay alimonypendente lite to Plaintiff; Grant Plaintiff attorney's fees and costs; Compel Defendant to pay alimony to Plaintiff; and (f) Grant such further relief as the Court deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July t~ ,2002 By: Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomey for Plaintiff VERIFICATION I, Cynthia K. Ringhoffer, hereby verify and state that the facts ........ ,~ tin.going document are tree and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. DATE: CYNTH~ K. RIN6HOF~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 :210 Grandvicw Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA K. RINGHOFFER, Plaintiff ALAN D. RINGHOFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3297 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Alan D. Ringhoffer, by certified mail, return receipt requested, on the 2na day of August, 2002. The original signed remm receipt, No. 7000 1530 0002 5776 1428, is attached hereto and made a part hereof. Date: August '-~ ,2002 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Attorney I.~. No. 279~ 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomey for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS '~/ day of~~_, 2002 Notary Public-q ' tNOTARIAL SEAL. Candith Y. I~i~]; Notary Public ~airview ~p.. York cotmt~ My Cnmmissioll Flt'pileS NOV. 19, 2005 SENDER: · Complete items 1 and/or 2 for additional services. · Complete item,s 3, 4a, artcl 4b. · Pdnt your name and address on the reverse of this form so that we cen return this · Attach this form to the front of the rceilp~eCe, or o~n the back if space ddes not permit, · Write 'Return Receipt Requested' on the rn~ilp~ece below the article number. · 'the Return R~ipt ~1 ~ho~ to who~ the affi¢te wes deti~r~d 8m:l the d~ ~. Article ^ddre~:l to: ! _e PS Fo~m 3~11, December 19~1 I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a. Artide I~umber ' 4b. Service Type D ~m ReceiMail [] Insured pt for ~rc~ndis~ [] COD 8. Addr~e~/~r~ (O~ested© \. ~-~'~ ~um Receipt MARIA p. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 .Attorneys for Plaintiff CYNTHIA K. RINGHOFFER, : Plaintiff : : V. ; .- ALAN D. RINGHOFFER, . Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3297 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARIA p. COGNETTI & ASSOCIATES MARIA p. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA K. RINGHOFFER, Plaintiff ALAN D. RINGHOFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3297 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY ~OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Cynthia K. Ringhoffer (__J cz--' CYNTHIA K. RINGHOFFER, Plaintiff V. ALAN D. RINGHOFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3297 CIVIL ACTION - LAW 1N DIVORCE _AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service o£the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Alan D. Ringho£fer CYNTHIA K. RINGHOFFER, Plaintiff V. ALAN D. R/NGHOFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .- NO. 02-3297 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST E_NTRY O__F DIVORCE DECREE UNDER _~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. ! understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Alan D. Ringhoffer ' ~w PROPERTY SETTLEMENT AGREEMENT BETWEEN CYNTHIA K. RINGHOFFER ALAN D. RINGHOFFER Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 201 Grandview Avenues Suite 102 Camp Hill, PA 17011 Mark Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 For Cynthia K. Ringhoffer For Alan D. Ringhoffer INDEX OF PROPERTY SETTLEMENT AGREEMENT BETWEEN CYNTHIA K. RINGHOFFER and ALAN D. RINGHOFFER SUBJECT NUMBER 5. 5. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25. 26. 27. 28. 29. 30. 31. 32 33 34 35 36 37 38 39 4O Separation Interference Agreement Not A Bar to Divorce Proceedings Subsequent Divorce Incorporation in Divorce Decree Effective Date Distribution Date Mutual Release Advice of Counsel Warranty as to Existing Obligations Warrant as to Future Obligations Debt of the Parties Personal Property Division of Real Property Vanguard Investment Accounts Stocks and Brokerage Accounts Distribution of Individual Retirement Accounts Pensions, Annuities and/or Retirement Benefits Motor Vehicles After-Acquired Property Cash Payment to Wife Health Insurance - Cobra Benefits Special Provision for Payment of Car Insurance for Tyler Ringhoffer Lump Sum Equitable Distribution Payment Counsel Fees Income Tax Prior Returns Applicability of Tax Law to Property Transfers Waiver of Alimony Effect of Divorce Decree Breach Waiver of Claims Entire Agreement Financial Disclosure Agreement Binding on Heirs Additional Instruments Void Clauses Independent Separate Covenants Modification and Waiver Descriptive Headings Applicable Law PAGE 3 3 5 5 5 6 7 8 9 9 10 10 11 11 12 13 14 15 15 15 16 16 16 17 17 18 18 19 19 20 20 21 21 21 22 22 22 22 PROPERTY SETTLEMENT AGREEMENT 2002, by and between CYNTHIA K. RINGHOFFER, of 343 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and ALAN D. RINGHOFFER, of 103 Strawberry Alley, Shiremanstown, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on September 10, 1977, in Cumberland County; Pennsylvania; and WHEREAS, two (2) children have been born of this marriage, namely, Adam Ringhoffer, currently 22 years of age; and Tyler Ringhoffer, currently 19 years of age; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. -2- 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PRO~RRDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of, any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which have occurred prior to, or which may occur subsequent to, the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 02-3297~ claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. -4- 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided -5- for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, -6- present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA p. COGNETTI, Esquire, for WIFE -7- and MARK T. SILLIKER, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. -8- 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, including payment of the remaining balance of his BELCO VISA credit card account, except as provided herein. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, including payment of the remaining balance of her Fulton Bank VISA credit card account, except as provided for herein. -9- 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: The real estate owned by the parties as tenants by the entireties and situated at 343 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, has been sold by the agreement of the parties, settlement to be held on or about the 25th day of November, 2002. Upon settlement of the sale of said real estate, the net proceeds thereof, after payment of the first mortgage, held by Waypoint Bank, and costs of sale, shall be distributed with WIFE receiving.~,8~%., and HUSBAND receiving ~!~o. Both parties agree to do everything necessary, and to execute all documents required for the sale of said real estate. 15. VANGUARD IN-VESTMENT ACCOUNTS: The parties agree that the Vanguard Investment accounts, as listed on attached Exhibit "A', presently held in the name of HUSBAND alone or jointly by the parties, shall become the sole and exclusive property of the WIFE. The parties agree to refrain from doing anything that would decrease the value from that which is stated on Exhibit "A." HUSBAND agrees to do everything necessary, and to execute all documents required to transfer said funds to WIFE. HUSBAND acknowledges that he has no further claim or interest in said accounts and agrees that he will not assert any such claim in the future. 16. STOCKS AND BROKERAGE ACCOUNTS: The parties agree that the stocks and brokerage accounts, as listed in attached Exhibit "B,' presently held in the name of HUSBAND alone or jointly by the parties, shall become the sole and exclusive property of HUSBAND. The parties agree to refrain from doing anything that would decrease the value from that which is stated on Exhibit "B." WIFE agrees to do everything necessary, and execute all documents required to transfer said funds to HUSBAND. WIFE -11- acknowledges that she has no further claim or interest in said accounts and agrees that she will not assert any such claim in the future. 17. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNT~: The parties agree that the Vanguard Retirement Plans, consisting of IRA accounts as listed in attached Exhibit "C," presently held in the name of HUSBAND alone, shall be rolled over into a retirement account, titled to WIFE, and shall become the sole and exclusive property of WIFE. HUSBAND agrees to refrain from doing anything that would decrease the value from that which is stated on Exhibit "C." HUSBAND hereby acknowledges that he has no further claim, right, title or interest whatsoever in the Vanguard Retirement Plans and further agrees never to assert any claim to the asset in the future. HUSBAND agrees to cooperate and do everything necessary to execute whatever paperwork is required to complete the rollover of funds into an Individual Retirement Account titled to WIFE. Should a Qualified Domestic Relations Order (QDRO) be necessary to effectuate the transfer of funds to WIFE, the parties agree that a QDRO shall be prepared by a qualified actuary, Harry M. Leister, Jr., at the parties, equally shared expense. -12 - 18. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his past employer, Phoenix Contact, Inc., shall remain his sole and exclusive property. WIFE hereby covenants and agrees that she will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that HUSBAND may receive said benefits as if he were never married. WIFE hereby consents to HUSBAND's election to waive a qualified joint survivor annuity form of benefit and a qualified pre-retirement survivor annuity form of benefit under his retirement account. WIFE further consents to HUSBAND's current and future designation of any alternative form of benefit and of beneficiaries other than WIFE under said plan and to any revocation and/or modification of such designation(s). WIFE hereby further agrees to execute any and all documents or forms which shall be required, at any time, and from time to time, by said plan, including but not limited to, any consents required to -13- effect the payment of benefits in this manner. WIFE hereby acknowledges that she understands the effect of HUSBAND's elections and she consents thereto. WIFE further acknowledges that she understands that, absent the consent contained in this paragraph, she would have the right to limit her consent to the designation by HUSBAND of a specific beneficiary or a specific form of benefits, and WIFE hereby voluntarily elects to relinquish both such rights. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2000 Nissan Altima shall be and remain the sole and exclusive property of WIFE; (b) The 2001 Nissan Maxima shall be and remain the sole and exclusive property of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. -14- 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter'acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 21. CASH PAYMENT TO WIFE: HUSBAND shall pay to WIFE the total sum of SEVENTY THREE THOUSAND FIVE HUNDRED(S73,500.00) DOLLARS for WIFE's separate support and maintenance. It is agreed that the total amount due and p~ing shall immediately become due and payable from HUSBAND~[%-O°4~%/~share of the net proceeds from the sale of the marital home'on or about November 25,2002. 22. HEALTH INSURANCE ~ COBRA BENEFIT~: HUSBAND shall provide health insurance coverage for WIFE until the final entry of a Decree in Divorce. Thereafter, HUSBAND agrees that he will not impede in any way WIFE's enrollment and continued coverage under the COBRA provisions of HUSBAND,s major medical and health insurance for so long as WIFE is eligible for same. Should WIFE elect to pursue such insurance benefits, she shall be responsible -15- for the payment of all premiums and other costs associated therewith. 23. SPECIAL PROVISION FOR PAYMENT OF CAR INSURANCE FOR TYLER RINGHOFFER: HUSBAND agrees to continue to pay the expense of car insurance for the parties' son, Tyler Ringhoffer, until such a time that Tyler Ringhoffer completes his higher education. 24. LUMP SUM EQUITABLE DISTRIBUTION PAYMENT: HUSBAND covenants and agrees to pay to WIFE the sum of $23,453.54, which sum WIFE agrees to accept, in addition to such other property and cash payment set aside to her by the terms of this Agreement, as a full and complete property settlement and equitable distribution of all marital property. HUSBAND shall pay the sum of $10,000.00 to WIFE upon execution of this Agreement. The balance of $13,453.54 shall be paid from HUSBAND"s 40% share of the net proceeds from the sale of the marital home on or about November 25, 2002. 25. COUNSEL FEES: Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in -16- connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 26. ~NCOME TAX PRIOR RETURNR: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 27. APPLICABILITY OF TAX LAW TO PROPERTY TRANS.=RS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act',), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue -17- Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 28. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 29. EFFECT OF DIVORCE DECREe: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. -18- 30. ~: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 31. WAIVER OF CL__A~M~: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present .and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to tak~ in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. -19- 32. IRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein- The parties confirm that they 33. FINANCIAL DISCLOSURE have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement- The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the court of common Pleas of Cumberland County to make equitable distribution of said asset. -20- The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 35. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 36. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 37. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 38. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 39. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 40. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. -22 - IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. / . y t~ia K~ng TNESS ~~/'~ingh~ (SEAL) (SEAL) -23 - COMMONWEALTH OF PENNSYLVANIA ) )ss: COUNTy OF C ~C[ c% ~ ) COMMONWEALTH OF PENNSYLVANIA On this, the ~ day of ~L~ · 20 a NOtary Public, the undersigned ~f~7~2 ..... 02 Cynthia K. Ringhoffe . known to me (or , before me, - =~, personally appeared be the person whose ~me ms Subscribed to the fo .... eh) to satisfactorily prov Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. ~golng Property Seal.IN WITNEss WHEREOF, I hereunto set my hand and official . On this, thec~ . ~L/^ a z~Otary Pub~ ~_3~ uay oz ~.~'~ ~]~f3~ ~=, ~ne undersignS, 2002, before ~ Alan D. Ringhoffer, known to me (or ~ ~=z, personally appeared .... ' satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official 2. 3. 4. VANGUARD INVESTMENT ACCOUNTS Stipulated Value Prime Money Market Fund PRIMECAP Fund Investor Windsor II Fund VBS Stock Holdings (41 V-542357) $17,075.16 $13,148.80 $10,021.85 $23,173.93 Exhibit "A" 2. 3. 4o 5. STOCKS AND BROKERAGE ACCOUNTS Stipulated Value American Century Janus Fund Sharebuilder Account (Net Stock) T. Rowe Price Account Wachovia Securities CAP Account $16,551.70 $ 3,977.4O $ 3,967.22 $ 3,855.46 $32,129.83 Exhibit "B" 2. 3. 4. 5. 6. 7. Prime Money Market IRA Prime Money Market Fund Roth IRA Health Care Fund Inv. IRA 500 Index Fund/nv. Roth IRA PRIMECAP Fund Investor Roth IRA VBS Stock Holdings IRA (43V-459335) VBS Stock Holdings Roth IRA (44V-080154) $ 12.35 $ 4,920.22 $15,233.93 $22,917.50 $14,212.02 $ 3,367.88 $32,173.97 Exhibit "C" MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA K. RINGHOFFER, : Plaintiff : : v. : NO. 02-3297 : ALAN D. RINGHOFFER, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE TO TRANSMIT RECORD Code. 2. TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Date and manner of service of the Complaint: Service was accepted by Defendant on the 2nd day of August, 2002, by certified mail, remm receipt requested, receipt number 7000 1530 0002 5776 1428. An Affidavit of Service was filed with the Prothonotary on August 8, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Cynthia K. Ringhoffer, Plaimiff, on October 31, 2002; by Alan D. Ringhoffer, Defendant, on November 5, 2002. 4. Related claims pending: Settled by Agreement dated October 31, 2002. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Plaintiff's Waiver of Notice is being filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Defendant's Waiver of Notice is being filed simultaneously with this Praecipe. MARIA P. COGNETTI & ASSOCIATES Date: November 7 , 2002 ARIAI77'Z/C~o~~TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Praecipe to Transmit Record, by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Mark Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 Date: November -~., 2002 MARIA P. COGNETTI & ASSOCIATES MARIA P. (UOGI~'E~fTI & ASSOCIATES Attorney I.D. No. ~914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff IN THE COURT Of COMMON OFCUMBERLAND COUNTY STATE Of CYNTHIA K. RINGHO~'~'~, Plaintiff VERSUS ALAN D. RINGHO~'~'~, Defendant PENNA. NO. 02-3297 PLEAS DECREE iN /~J~ I~DIVORCE ~, ,T ~(~~~' AND NOW,~___~ - -- -_~_~__~__ , 2002 is ORDERED DECREED THAT ~h~ ~_ R!nghoffer _, PLAINTIFF, AND ~ D. Ringhoff~ , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; the terms of the parties' Property Settlement Agreement, dated October 31, 2002, and attached hereto are incorporated herein but not m~_rged herewith.