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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~~~ PENNA.
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Jennifer Winters
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Jody Dean Winters
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DECREE IN
DIVORCE
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AND NOW, ",,\~, ~,\""""". 19 ,q~" it is ordered and
decreed that,. ~,~ll~j.f,~r; .W.i.nter13"""."....""...",..,... plaintiff,
and.,., ,J,~~Y, PE!~!l, !'!~~~~,t:~,.""""".,.,.,.,..""",..,. defendant,
are divorced from the bonds 01 matrimony,
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The court retains jurisdiction 01 the lollowing claims which have
been raised of record in this action lor which a final order has not yet
been entered; ~OW2--
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consideration, receipt of which is hereby acknowledged by each of
the parties, Wife and Husband, oach intending to be legally bound
hereby, covenant and agree as follows:
1. Divorce and Separation. 'rhe parties agree to the
entry of a decree in divorce pursuant to Section 3301(c) of the
Di vorce Code of 1980. 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 provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness
or unlawfulness of the cause leading to their living apart.
2. Division of Propertv. Husband and Wife agree
that the following constitutes an equitable distribution of the
marital property:
A. The following shall become the sole and exclusive
property of Husband:
1. Husband shall retain ownership of any
retirement benefits, pensions, IRAs or 401K
plans which arc currently held in his name
alone,
2. Husband shall retain ownership of the 19BB
Subaru,
B. The following shall become the sole and exclusive
property of Wife:
1 .
Wife shall retain ownership of any retirement
benefits, pensions, IRAs or ~01K plans which
are currently held in her name alone,
Wife shall ~etain ownership of the marital
home located at 1919 Princeton Avenue, Camp
Hill, Cumberland County, Pennsylvania, She
shall be responsible for all mortgages and
liens associated with said real estate. It
is acknowledged by the parties that the Deed
to said property is titled in Wife's name
alone, Husband agrees to execute a Quit
Claim Deed in order to effectuate the terms
of this paragraph,
c. All personal property in the possession of each
party as of the date of execution of this Agreement shall remain
the sole and separate property of each party respectively.
D. The parties acknowledge that they have each made
to the other a full accounting of their respective assets,
estate, liabilities, and other sources of income and based
thereon they mutually agree that the property listed above
constitutes the entire marital prov~rty,
2.
3
3. Child SUPPort. '1'110 pa I-t ios heroby aclolOw I odl]o
that they are the natural parent,; of ono minor clllld, darod C,
Winters, born February 12, 1991, '1'lIe parties iHJroe t.llat. Illwhand
shall pay to Wife tho amount of $210,00 per monlll Clllld ~;u(Jpl)f'l
for the care and maintnnilnce of .];ll',ld (', Winlon;, CIII It! Supporl
shall remain fixed at the amount. of $210,00 per mont.h until tho
child reaches age eighteen,
4. Income Tax Prior Returns. 'I'ho parLJes have
heretofore filed joint federal. and stat" tax returns, Bot.h
parties agree that in the evont any dllt:Jcioncy in [edond, Bt.ab-
or local income tax is proposed, or any ilSHOHsmonl or any wlCh
tax is made against eithor of thom, each will indemnify and hold
harmless the other from and iHJairwL ilny loss or llablll Ly for IIIIY
such tax deficiency or assnssmenl: and ilny Interest., ponalt.y or
expense shall be paid solnly and enLJ ['oly by the Indlvlchw I who
is finally determined to be tho c"use of the mlll/'llprosonl.,Il.lon:;
or failures to disclose tho nature and oxtont or his or hur
separate income on tho aforesilid joint relurns.
5. Execution of Additional Documents. '1'110 part.le:;
agree to each sign Affidavits of COnHont upon tho oxpl [',II Ion of
ninety (90) days following the Ii 11111) and Hllrvlce of t.ho IlJvon:"
Complaint. Tho parties iH]rnn to f~XUCllLu any doodH, dt-lH 1 fJIll1UH1 L:-i,
ti tIes or other instrumentH nec",;,;" I-y "nd ,lppropr I at" t.o
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accomplish the aforesaid division of property,
6. Transfers Subiect to Liens. Notwithstanding any
other provisions in this document all property transferred
hereunder is subject to the existlng lien or liens set forth
above, The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or
liability that such other party may suffer or may be required to
pay on account of such lien or encumbrance,
7. Complete Listinq of Propertv. The parties
represent and warrant to each other that the property described
in this Agreement represents all of the property In which they
have any right, title and interest, and that such property is
subject to no mortgage, pledgo, lion, security interest,
encumbrance or charge except those which are disclosed herein,
8. Equitable Distribution of Property. By this
Agreement, the parties have intended to effect an equitable
distribution of their jointly owned property. The parties have
determined that an equitable division of such property conforms
to a just and right standard, with due regard to the rights of
each party. The division of existing marital property is not
intended by the parties to constitute in any way a sale or
exchange or assets, and the division is being effectuated without
the introduction of outside funds or other property not
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constituting a part of the marit.al ost.at.e. [I: iN t.ho lnt.onllon
of the parties to treat. all t.ran,;[er,; of pn)[lorly hl'loln ,IS non
taxable.
9. Relinquishment of ownerli!.hiQ. l';xI~"pt. ..:1 plOV Id"d
herein, Husband forever relinqulslw:l ..ny III/hlo and Inl.oro:;l ho
may now or hereafter have in any i1:.iBOt.S now ho JeH\l1 1 n'l t.o WI,. 0,
and Wife forever relinquishes any rl'Jht. 01 Inl.oll':1I IIho may now
or hereafter have in any asset.s now bn I onlj I nIl lo IhJ:lh.II\lI.
10. After-Acquired Property.. I';a<:h of t.hl! parlloll Hllilll
hereafter own and enjoy independent.ly of ilny claim 01 l'll/hl. of
the other, all items of propert.y, be t.hoy rOill, pOlllon..1 or
mixed, tangiblp. or intangible, which i11-e horeafl.l!r ,If:qulrod by
him or her, with full power in him or hur l.o d IlIpn:1t! 01 t.ho 80m"
as fully and effectively, in aU rU"(Joels ill HI 1'01' .\11 pur(Joses ..s
though he or she were unmarrled,
11. Debts.
A. Husband and \~III! <lIJlIHl 1.0 ho nlsporwlhlo for
the joint debts of the parLlI"; a:' I 1)( I ow:;:
i. Wlfo :iI'<l11 hI' lully rospolwlhlo for the
out.sl..lI1<IIII'I 1"I'dll <",,'d dllhl. on the parties'
Fln'l. Ilnloll VI".., Ml!mllllrlJ ["Irst. Visa, and
MM,t.I'lo e,ll II, ill t I", apl"ox Ima to amount of
$l~,OOO,()O, ,,/llkh "xl:lI.od al. the lime of the
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parties' sepaciJtion.
B. All debts, contracts, obligations or
liabilities incurred at any time in the past or future by either
party will be paid promptly by said party, unless and except as
otherwise specifically set forth in this Agreement; and each of
the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harmless and keep
the other or his or her estate indemnified and save harmless from
all debts or liabilities incurred by him or her, as the case may
be, and from all actions, claims and demands whatsoever with
respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and
demands. Neither party shall, as of the date of this Agreement,
contract nor incur any debt or liability for which the other or
his or her property may be responsible, and shall indemnify and
save harmless the other from any and all claims or demands made
against him or her by reason of debts or obligations incurred by
him or her and from all expenses, legal costs, and counsel fees
unless provided to the contrary herein,
12. Bankruptcv. The parties mutually agree that
should either of them file for bankruptcy in the future, any
monies to be paid to the other party, or to a third party,
pursuant to the terms of this Agreement shall constitute support
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and maintenance and shall not be discharged in bankruptcy,
13. Alimonv. The parties mutually agree to forego
or waive any right to alimony, und alimony pendente lite,
14. Full Disclosure. The respective parties do
hereby warrant, represent and deciare that he and she have made a
full and complete disclosure to the other of all assets of any
nature whatsoever in which such party has an interest and any
further enumeration or statement thereof in this Agreement is
specifically waived, Each party agrees that he or she shall not
at any future time raise such 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.
15. Releases. each party does hereby remise, release,
quitclaim and forever discharge the other and the estate of the
other from any and every claim that each other may now have, or
hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof,
whether arising out of any former contracts, engagements or
liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or
the right to take against each other's will, or for support or
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maintenance, or of any other nature whatsoever, except any rights
accruing under this Agreement or as otherwise stated in this
Agreement.
16. Indemnification. Each party represents and
warrants to the other that he or she has not incurred any debt,
obligation, or other liability, allIer than described in this
Agreement, on which the other party is or may be liable. Each
party covenants and agrees that if any claim, action or
proceeding is hereinafter initialed seeking to hold the other
party liable for any other debts, obligations, liability, act or
omission of such party, such parly will at his or her sole
expense, defend the other against any such claim or demand,
whether or not well-founded, and that he or she will indemnify
and hold harmless the other parly in respect of all damages as
resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other
damage, including without limitation, counsel fees and other
costs and expenses reasonably incurred in investigating or
attempting to avoid same or in opposing the imposition thereof or
enforcing this indemnity, resultinu to Ilusband or Wife from any
inaccurate representation made by or on behalf of either Husband
or Wife to the other In this Agrecment, any breach of the
warranties made by Husband or Wife to the other in this
Agreement, or breach or default in performance by Ilusband or Wife
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of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt
written notice of any litigation threatened or instituted against
either party which might constituLo the basis for a claim for
indemnity pursuant to the terms of this Agreement,
17. General Provisions. This Agreement constitutes the
entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them, There are no
representations or warranties other than those expressly set
forth herein,
18. Fair and Eouitable Contents. The provisions of
this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Each party
acknowledges that he or she has received independent legal advise
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. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and
equitable, and that it is being entered into freely and
voluntarily after having received such advice and with such
knowledge, and that execution of tllis Agreement is not the result
of any duress or undue influence al~ that it is not the result of
any collusion or improper or illogal agreement or agreements,
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19. Breach. It is ex~ressly stipulated that if
either party fails in the due ~errormance of any of his or her
material obligations under this ^~reement, the other party shall
have the right, at his or her eleclion, to sue for damages for
breach thereof, to sue for specific performance, or to seek any
other legal remedies as may be available, and the defaulting
party shall pay the reasonable legal fees for any services
rendered by the nondefaulting party's attorney in any action or
proceeding to compel performance hereunder,
20. 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,
21. 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,
22. Execution of Documents. Each party shall on
demand execute any other documenLs that may be necessary or
advisable to carry out the provisions of this Agreement,
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23. Applicable Law. 1~is Agreement shall be
construed under the laws of tho Commonwealth of Pennsylvania,
24. Non-Merqer. 1'his Agreement shall not merge with
any subsequent decree in divorce bet\1oon the parties but shall
survive such decree and be entirely independent thereof, This
Agreement shall be incorporated for the purposes of enforcement
only into any Decree in Divorce which may be entered with respect
to the parties, but shall not be doemed to have been merged with
such Decree,
25. Representation of Parties. The parties have
mutually worked out the terms of this Marriage Settlement
Agreement. Wife has been represented by Kristin R. Reinhold,
Esquire. Husband has been advised of his right to retain an
independent counsel to represent him in this matter, however,
being so advised that he is entitled to independent legal
counsel, he hereby waives his right to the same,
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written,
witness:
IndJ)
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11111'1111.....1' (717) ~".lDoll
.
JENNIFER WINTERS, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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JODY DEAN I'll NTERS, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
COMPLblNT IN DIVORCE
1. The Plaintiff is Jennifer Winters, an adult
individual currently residing at 1919 Princeton Avenue, Camp
Hill, Cumberland County, Pennsylvania. 17011.
2. The Defendant is Jody Dean Wintero, an adult
individual whose last known addreos io 1919 Princeton Avenue,
Camp Hill, Cumberland County, Pennsylvania. 17011.
3. Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania, for a period in
exceso of six (6) months immediately previous to the filing of
this Complaint.
4. Plaintiff and Defendant were married on December
18, 1987, in Baltimore, Maryland.
5. There have been no prior actions of divorce or
annulment between the parties in this or any other jurisdiction.
6. This action is not collusive.
COUNT_JJ_=_~QY1Tbllb~_Ql~1fi~T1Q~
13. The prior
paragraphs of
this Complaint are
incorpor1lted Jir.n'in by reference thereto.
14. Plaintiff
and
Defendant
have
legally
and
beneficially acquired property, both real and peraonal, during
their marriage, which property is "marital property."
WHEREFORE, Plaintiff respectfully requests the Court to
enter an order of equitable distribution of marital property in
such proportion ao the Court deems just after consideration of
all relevant factors set forth in the Divorce Code.
Datedl
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Respectfully submitted,
SIL~NflO D
~illiker, Esquire
204 state street
Harrisburg, PA 17101
(717) 233-1000
J.D. No. 33671
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SILLlKEK & KEINIIOLIl
"lTOIU~EYS AT t..AW
~IJ1~ I.INCilI:STOWN I{OAD
IIMllISIIlIIW,I'I'NNSYI.VANIA 1711~
T1'1 ""1I0NE (717) ',71.1~1'1
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,IJ<NN II-'I':H I~ I NTI':HS,
1'1 a i nll r I
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-6591 CIVIL TERM
.1111lY IWAN IVlNTlmS,
DefmHldnl
CIVIL AC'l'ION - LAW
IN DIVORCE
AFFII1AVI'!' OF CONSEN'I' AND
I~A rVI-:H OF COllNSELING
I. A Complaint in Illvorce under Section 3301 of the
II; VOlT" Code ~Ias f lied on November 15, 1994, and an Amended
Complaint in Divorce vias filed on December 3, 1996.
2. The marriage of t1w Plaintiff and Defendant is
il'cetrlevably broken, and ninety days have elapsed since the date
01 liling the Complaint.
3. I consent to the entry of a Final Decree in Divorce
after service of notice of Intention to request entry of the
d(~crec .
4. I have been advised oE the availability of marriage
counseling and understand that I may request that the Court
require thaL 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. Deing so advised, I do not request that the
Court require that my spouse and I participate in counseling
prior to a decree being handod down by the Court.
WAIVER OF NOTICE or INTENTION TO REOUEST
ENTllY OF A DIVORCE DECREE UNDER
Ei3301 (c) OF 'l'lIE DIVORCE CODE
1 . 1 consent to the entry of a Final Decree in Divorce
without further notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
thllm boEore a divorce is granted.
J. 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
I'l'othonotilry.
l verify that the statements made in this Affidavit are true
,mrl cocrecl. T understand that Ealse statements herein are made
SlIbject to the penalties of 18 Pa. C.S. 9 4904, relating to
llIlS\;OI-1l falsification to authorities.
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.mNNIFEH WIN'l'EHS,
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IN 'l'IlE COUR'l' OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-6591 CIVIL TERM
.lODY D1,;AN WI N'l'rmS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 of the
Divorce Code was filed on November 15, 1994. and an Amended
Complaint in Divorce was filed on December 3, 1996.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken. and ninety days have elapsed since the date
of fIling the Complaint.
3. I consent to the entry of a Final Decree in I)ivorcc
after service of notice of intention to request entry of the
decree.
4. 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 decree being handed down by the Court.
WAIVER OF N01'ICE OF INTEN'rION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
q3301 (c) OF 'l'HE DIVOHCE CODE
1. I consent to the entry of a Final Decree in Divorce
without further notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a diVorce Is grantcd.
J. 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. f:i 4904, relating to
llnS\~Orn falsification to authorities.
Date:
;;:--/0 - 7)
.~ D Lt@
dOd.v->& Winters
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