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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
M
STATE OF 1 r 1 P( NNSYLVANIA M
KARLA F. RERGER,
i, 95-2447 CIVIL, 1995
Plaintiff 1'ri-us
MARVIN VERGER, N
Defendant p
DECREE IN
DIVORCE
AND NOW, -Mo.vs."40 14 19 9fa It is ordered and ?
decreed that .. ..... Itarla t'.1 nerggr .. .. ..... plaintiff,
and .. Marvin Berge; defendant,
are divorced from the bonds of matrimony.
And that the Postnuptial Agreement executed November 17, 1996
shal?IWFAYPAWAsl"fdittIon of the following claims which have
been raised of record In this action for which a final order has not yet
been entered;
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KARLA P. BERM,
Plaintiff
V.
MARVIN BERGER,
Defendant
IN THE COURT OF COMMON PLEAB
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 3447 CIVIL TERM
CIVIL ACTION - LAM
IN DIVORCE
PRAECIPE TO TRANSNI,T RECORD
To The Prothonotary:
Transmit the record, together with the following information,
to the court for entry of a divorce decree:
1. Ground for divorces Irretrievable breakdown under
section 3301(c) 3301(dH4+ of the Divorce Code. (Strike
inapplicable section.)
2. Date and manner of service of the complaint: Defendant
was served the Complaint by certified mail, re tLj9jjA-A211Yjr'Y--MW
accepted service on May 16. 1995, Proof of Service filed 5-18-15.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the Affidavit of Consent
required by Section 3301(c) of the Divorce Codes by the Plaintiff
November 12. 1996 1 by the Defendant_112Yember 12, 1996_-
(b)(1) Date of execution of the Plaintiff's Affidavit
required by section 3301(d) of the Divorce codes
(2) Date of service of the Plaintiff's Affidavit upon
the Defendant:
4. Related claims pending:
5. Date and manner of service of the notice of intention to
file prascipe to transmit record, a copy of which is attached, if
the decree is to be entered under section 3301(d) (1) (1) of the
Divorce code.
Joe a H. Clough ulre
Attorney for Pla
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IUARLA P. RRRORR,
Plaintiff
v.
MARVIN BRRORR0
Defendant
I IN TNR COURT OF COMMON PLRAR
I CUNRRRLAND COUNTY, PRNNRYLVANIA
t
I CIVIL ACTION - LAN
4 IN DIVORCR
MQTICI._TQ V2FA1 __ 0-CLAIM_ A" IUQNTB
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take promppt
action within twenty (20) days. 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, Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERfS 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 014 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU VAN GET LEGAL HELP.
Cumberland county courthouse
Court Administrator, 4th Floor
Carlisle, PA 17011
(717) 240-6200
KARLA F. BRRORR,
Plaintiff
V.
MARVIN BEROER,
Defendant
i IN THE COURT Or COMMON PLEAS
i CUMBERLAND COUNTY] PENNSYLVANIA
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t CIVIL ACTION - LAN
i IN DIVORCE
1. Plaintiff, Karla F. Berger, is an adult individual who
currently resides at 5276 Strathmore Drive, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
2. Defendant, Marvin Berger, is and adult individual who
currently resides at 1904 Christopher Drive, Harrisburg, Dauphin
County, Pennsylvania.
]. Both Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six (6) months immediately
pravious to the filing of this complaint.
4. The Plaintiff and Defendant were married on December 19,
1965 in long Island, New York.
5. There have been no prior actions for divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
7. Neither the Plaintiff nor the Defendant is a member of
the Armed Services of the United states or any of its Allies.
B. The Plaintiff avers that the ground on which the action
is based is that the marriage is irretriebably broken.
WHEREFORE, Plaintiff requests the court to enter a Decree of
Divorce dissolving the marriage between the parties.
9. Defendant repeats and realleges the averments set forth
in paragraphs 1 through 8 as if set forth in full here below.
lo. Defendant lacks sufficient property to provide for her
reasonable needs.
11. Defendant is unable to support herself through
employment.
WHEREFORE, Defendant prays this Court to enter an order
awarding reasonable alimony to her pursuant to Section 501 of the
!Divorce Code of 1980.
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RLINONY pl illTi_LiTld._ !?Ill?i3?_If@@.__QQIIT@_I?NIZ_ll[PJCNII?
12. Plaintiff repeats and realleges the averments set forth
In paragraphs 1 through 11 as if set forth In full here below.
13. Plaintiff is without sufficient funds to support herself
and to pay counsel fees, costs and expenses incidental to this
action.
11mIRNrORi, Plaintiff prays this court will award alimony
pendants lite, counsel fees, costa and expenses as may be incurred
in pursuit of this action and any other further relief this court
may decree.
QQVNT.-IY
"u1j. roji"IQuITABLI IHIT8INUTIQ1IAQ
MARITAL, Fli PUTY
14. Plaintiff repeats and realleges the averments contained
In Paragraphs 1 through 11 as If set forth in full herebelow.
15. The parties possess various items nt both real and
personal property which are subject to equitable distribution by
this Court.
OH6REPORb, Plaintiff prays this court to equitably distribute
the marital property after an inventory and appraisement has been
filed by the parties.
Respectfully submitted,
Joanne H. Clou h, Esquire
2201 North sec nd Street
Harrisburg, PA 17110
Attorney I.D. No. 36461
(717) 236-7870
Attorney for Plaintiff
VARITIC11TIN
verify that the statements made in
the attached Complaint in Divorce are true and correct to the best
of my knowledge, information and belief. 1 understand that false
statements herein are made subject to the penalties of 18 ha.C.S.
Section 4904, relating to unswurn falsification to authorities.
Dater 4
r- Karla F. Barger
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KARLA F. BEROER,
Plaintiff
V.
MARVIN BEROER,
Defendant
t IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
t
I NO. 95 - 2447 CIVIL TERM
t
t CIVIL ACTION - LAN
t IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce code was filed on May 8, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
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. 54904 relating to unsworn
falsification to authorities.
Date: `???L1_COQ J 1
Karla F. Berger
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KARLA T. BRRaRR? t
Plaintiff t
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M1IAVIN BRRORRr 1
Defendant t
IN TUN COURT OF COMMON PLRAB
CUMBRRLAMD COUNTY, PRNNNYMMIA
No. 99 - 9117 CIVIL TRRM
CIVIL ACTION - LAN
IN DIVORCR
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1. 1 consent to the entry of a final Decree of Divorce
without any further notice of request for entry of a final Divorce
Decree.
2. f understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if 1 do not claim
them before a divorce is granted.
]. 1 understand that 1 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. 1 understand that false statements herein are made
subject to the penalties of 18 Pa.c.e. section 4904 relating to
unsworn falsification to authorities.
"
[late I Kar a r"--Barger
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RARLA P. BEROERP t IN THE COURT Of COMMON PLEAS
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
t
V, t NO. 95 - 2447 CIVIL TERM
t
MARVIN BEROERP t CIVIL ACTION - LAN
Defendant t IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 7301 (c) of the
Divorce code was filed on May 8, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the complaint.
7. 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. 54904 relating to unsworn
falsification to authorities.
Date: Marvin Berger
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KARLA F. BIRORR,
Plaintiff
V.
MARVIN BRROXR,
Defendant
IN TUN COURT OF COMMON PLRAB
CUMBRRLAND COUNTY, PRNMBYLVANIA
NO. 95 - 2447 CIVIL TBRM
CIVIL ACTION - LAN
IN DIVORCR
MYIM,-QT__NMCI.._4L_IMTBNTI4M._TQ, fliIIMM
OL..TMi_DIVORCR_ CODR
1. I consent to the entry of a final Decree of Divorce
without any further notice of request for entry of a final Divorce
Decree.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
7. 1 understand that 1 will not be divorced until a Divorce
Decree is entered by the court and that a cagy 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 10 Pa.C.B, Section 4904 relating to
uneworn faIaIf Icat Ion to authorities.
Dates
Marvin Berger
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KARLA F. BEROERI
Plaintiff
V.
NARVIN BEROERP
Defendant
I IN THE COURT OF COMMON PLEAS
t CUMBERLAND COUNTY# PRNNBYLVANIA
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t NO. 95 - 2447 Civil Term
1
t CIVIL ACTION - LAN
t IN DIVORCE
PROOF OF Uff"Y,
AND NOW, this day of 1995, I, Carol
Westbrook, Paralegal to Joanne H. Clough, Esquire, hereby offer
proof by certified mail, Return Receipt dated May 16, 1995, that I
have served a true and correct copy of the Divorce Complaint upon
Marvin Berger, M.D. Said Return Receipt is attached herebelow.
Carol Westbrook, Paralegal to
Joanne If. Clough, Esquire
2201 North Second Street
Ilarrisburg, Pa. 17110
(717) 236-7070
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KARLA F. BEROER, I IN THE COURT OF COMMON PLEA8 OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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I NO, 95-2147 CIVIL TERM
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MARVIN BEROER, I CIVIL ACTION - LAN
Defendant I IN DIVORCE
PRaIS4IY-8
Please enter the appearance of Lori K. eerratelli, Enquire,
as attorney for the Defendant in the above-captioned matter.
Datedt
Lopi K. Serratelli, Esquire
10 NO. 27426
SERRATELLI, SCNIFFMAN,
BROWN & CALHOON, P,C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9849
(717) 540-9170
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Plaintiff t
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MARVIN DEROER, t
Defendant t
IN THE COURT Of COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 2447 CIVIL TERM
CIVIL ACTION - LAM
IN DIVORCE
1'RALC11'1 1'S?_l11'1'llWiliNl.?4?f1T_ll.s?4liNT 111 AND COUNT iv
f1F. PLAId111'Y''1?_121Y41;GE coMPLA1N7'
TO THE PROTHONOTARY:
Please withdraw Count II for Alimony, Count III for Alimony
Pendants Lits, Counsel Pees, Costs and Expenses, and Count IV for
Equitable Distribution And Marital Property in the above captioned
action. The parties have entered into a Postnuptial Agreement
dated November 11, 1996 resolving all issues relative to this
divorce action.
Respectfully submi ad,
I,
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Jo"ne If. Clough, Edquire
845 Sir Thomas,Cot t, Suite 11A
Harrisburg, PAS l 109
(717) 540-5100
Attorney For Plaintiff
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KANLA F. NEIMEN, IN 'I'llli 1OMO' OF COMMON PLIIAV
i'Ialnttit CUMBERLAND 1'01INTY, PENNUYLVANIA
V. No, 9'1 441 CIVII 'Pe1111
MA14V I N BERGER, C1 V 11, ACT I ON LAW
De IEN dmit IN DIVOIWE
CERTIFICATE OV VVItVICE
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KARLA P. BEROER, t IN THE COURT OF COMMON PLEAS
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
t
V. t NO. 95 - 2447 CIVIL TERM
i
MARVIN BEROER, t CIVIL ACTION - LAW
Defendant t IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
1. This order is intended to constitute a Qualified Domestic
Relations Order ("QDRO") as defined in section 414 (P) of the
Internal Revenue Code of 1986, as amended (the "Code"), and section
206(d)(3)(B) of the Employee Retirement Income Security Act of
1974, as amended ("ERISA"), and the provisions hereof shall be
administered and interpreted in conformity with such intent.
2. This Order applies to the Associated Periodontists Profit
Sharing Plan.
3. Karla F. Berger is the "Alternate Payee" within the
meaning of section 414(p)(8) of the Code and section 206(d)(3)(K)
of ERISA, and her address is 1101 Yverdon Drive, Apartment C-8,
Camp Hill, Pennsylvania.
4. Marvin Berger is a Participant in the Plan and his
current address is 3461 Market Street, Suite 304, Camp Hill,
Pennsylvania, 17oli.
5. The Plan shall pay to the Alternate Payeo, a portion of
the benefit payable to the Participant under such Plan in a lump
sum amount equal to $225,000.00. This lump sum payment shall be
made to the Alternate Payee as soon as is practicable following the
entry of this Order by this Court and delivery of this order to the
plan administrator of the Plan. The lump sum payment in the amount
of $225,000.00 shall be paid directly to the Alternate Payee.
6. This Order does not require the Plan to provide any type
or form of benefit or any option not otherwise provided under the
Plan) does not require the Plan to provide increased benefits
(determined on the basis of actuarial value) and does not require
the payment of any benefits to the Alternate Payee which are
required to be paid to another alternate payee under any other
order previously determined to be a Qualified Domestic Relations
Order.
7. The Plan shall report the $225,000.00 distribution to the
Alternate Payee, Karla Berger, on Form 1099-R with the entry of
Code 12 in Box Number 7 of said form, assuming the 1996 1099-R form
is identical to the 1995 form.
0. This court shall retain jurisdiction to amend this order
only for purposes of establishing or maintaining its qualification
as a Qualified Domestic: Relations order and to make such orders as
it deems necessary to provide the Alternate Payee with all the
benefits to which she is entitled hereunder; provided that no
amendment of this order shall require the Plan to provide any type
or form of benefit or any option not otherwise provided under the
Plan.
IT IB BO ORDSRSp.
J_LSI?? ??_ _. Nov.l`11 «7(r
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ahRu W. Bunn o
Plaintiff
V.
NARVIN snout
Defendant
i IN Tie COURT or COMMON PLUS
i cDNSanhuD counTY, rumo LVANIA
I
I NO. fb - 3447 CIVIL TUN
I
i CIVIL ACTION - LAW
I IN DIVORON
1. The Plaintiff is Karla P. Berger, whose currant address
1101 Yverdon Drive, Apt. c-S, camp bill, Pennsylvania, 17011.
2. The Defendant is Marvin Barger, whose current address is
7461 Market Street, Suite 704, camp Hill, Pennsylvania, 17011.
]. The Defendant is a participant in the Associated
Periodontists, Inc. Profit Sharing Plan.
4. On November 13, 1g96, the parties executed a
comprehensive Postnuptial Agreement, wherein, an agreement for the
full and final resolution of all economic claims between the
parties was reached. In Paragraph Number 9.A. of the
aforementioned Postnuptial Agreement, the Defendant, Marvin Barger,
has agreed to tranerer to Plaintiff, Karla Berger as Alternate
Payee, the sum of 6226,000.00 from the Associated Periodontists
Profit Sharing Plan. The remainder of funds in the Plan designated
under the name of Defendant Marvin Berger Plan after the
transfer of 0225,000.00 to the Plaintiff shall be the Defendant's
sole and exclusive property.
5. The parties were divorced by a Decree in Divorce in Civil
Action No. 95-2447, Court of Common Pleas of Cumberland County,
Pennsylvania issued on ioy. j!? , 1996.
6. A Qualified Domestic Relations order as defined by
section 414 (p) of the United States Internal Revenue Code and the
parties wish to have such an order entered in this action.
7. Attached, heroto, is a proposed Qualified Domestic
Relations order which the parties have agreed to have this Court
enter in connection with the final Decree in Divorce and Marital
Settlement Agreement in this action.
0. The Plan shall report the $2250000.00 distribution to the
Alternate Payee, Karla Berger, on Form 1009-R with the entry of
Code 12 in Box Number 7 of said form, assuming the 1996 1099-R form
is identical to the 1995 form.
WHEREFORE, The parties, hereto, by their counsel jointly move
this Honorable court to enter a Qualified Domestic Relations order
in the form attached hereto.
Respectfully submitted,
Lori K.?garratelli, quire
Attorney for Defe dag
Joanne H. Clough;- squ
Attorney for Piai \iff
KARLA F. BERGER,
Plaintiff e
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V.
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MARVIN BEROER,
Defendant s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 2447 CIVIL TERM
CIVIL ACTION - LAN
IN DIVORCE
I HEREBY CERTIFY that on this ? day of 1996,
a copy of the attached stipulation and Motion For Entry Of
Qualified Domestic Relations order on behalf of Plaintiff was
mailed, postage prepaid to: Lori K. serratelli, Esquire, 2040
Linglestown Road, suite 106, Harrisburg, Pennsylvania, 17110-9445,
Attorney for Defendant.
KARLA F. ONROER, I
Plaintiff t
I
V. I
I
MARVIN ONRONR, t
Defendant t
IN TH¦ COURT OF COMMON PLNAN
CUMNNRLAND COUNTY, PNNNNYLVANIA
NO, It - 2447 CIVIL TNRM
CIVIL ACTION - LAN
IN DIVORCN
QMIFICATN _QF _JjKy 1
i ' ' 1,,
I HEREBY CERTIFY that on this day of
19961 a copy of the attached Qualified Domestic Relations order on
behalf of Plaintiff was mailed, postage prepaid to counsel for
Defendant at the following addresst
Lori K. Serratelli, Esquire
2040 Linglestown Road
Suite 106
Harrisburg, PA 17110-9445
Joanne II. Clou , Esquire
845 Sir Thomap ourt, Suite 11A
Ilarrisburg, Y 17109
(717) 540-5100
ID No. 36461
KARLA F. BERGER,
Plaintiff/Petitioner
V.
MARVIN BERGER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-2447
CIVIL ACTION - IN DIVORCE
PETITION FOR CONTEMPT AND ENFORCEMENT
OF POSTNUPTIAL AGREEMENT
AND NOW, comes Petitioner, Karla F. Berger, by and through her attorneys,
Wix, Wenger & Weidner, and files this Petition for Contempt and Enforcement of
Postnuptial Agreement, stating as follows:
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Petitioner is Karla F. Berger, an adult individual maintaining her primary place of
residence at 218 Forest Oak Lane, Harrisburg, PA 17110.
Respondent is Marvin Berger, an adult individual who is believed and averred to
maintain his primary place of residence at 4975 Saddlebrook Drive, Harrisburg,
PA 17112.
Petitioner and Respondent were formerly husband and wife, having divorced on
November 14, 1996.
The Decree in Divorce (the "Decree") was entered by The Honorable J. Wesley
Oler, Jr. The Decree is attached hereto as Exhibit "A," and is incorporated herein
by reference as though set forth in full.
The parties entered into a Postnuptial Agreement (the "Agreement") on or about
November 13, 1996. The Agreement is attached hereto as Exhibit "B," and is
incorporated herein by reference as though set forth in full.
6. The Agreement provides in Paragraph 12, in part, that Respondent "shall pay to
[Petitioner] alimony for a period of fourteen years commencing the first month
after execution of [the] Agreement."
7. The current amount of the monthly alimony payment is $1,800.00, which is to be
paid on the first day of each month.
8. The parties further agreed that the payment of alimony would not be subject to
modification.
9. As of the date of this Petition, Respondent has failed to pay Petitioner as set forth
in the Agreement and owes Petitioner alimony for the months of October and
November, 2008, in the amount of $3,600.00.
10. Despite Petitioner's repeated requests, Respondent has refused to comply with
the terms of the Agreement.
11. Since the divorce, Respondent has, on numerous occasions, failed or refused to
timely comply with the terms of the Agreement, requiring Petitioner to demand
payment of alimony and to obtain counsel to represent her in enforcing the terms
of the Agreement.
12. Respondent's continual refusal to comply with the terms of the Agreement
deprives Petitioner of rights to which she is entitled.
13. The obligations of the Respondent under the Agreement are clear.
14. Pursuant to Section 3105(a) of the Pennsylvania Divorce Code, Petitioner is
entitled to a remedy or sanction to enforce the agreement to the same extent as
though the agreement had been an order of this Court.
15. Therefore, the Respondent is in contempt of court for his violation of the
Agreement.
16. The Agreement provides in Paragraph 29 that: "[i]f either party breaches any
provision of this Agreement ... the party breaching [the Agreement] should be
responsible for payment of all attorneys' fees, legal costs and expenses incurred
by the other in enforcing their rights under this Agreement.
17. Petitioner has incurred attorneys' fees, costs, and expenses in attempting to
enforce her rights under the Agreement, and such fees and costs continue to
accrue.
WHEREFORE, Petitioner requests that this Honorable Court hold Respondent in
contempt for his violation of the Postnuptial Agreement and order Respondent to pay to
Petitioner $3,600.00 plus Petitioner's attorneys' fees, costs and expenses, and grant
such other relief as this Court deems just and appropriate.
Respectfully Su
Date: ''\/N\ /®:S, By:
St®rth/Second ranin, I.D. #52653
Je , I. D. # 89277
50 Street
P.O. Box 845
Harrisburg, PA 17108
(717) 234-4182
Attorneys for Plaintiff/Petitioner
VERIFICATION
I, Karla F. Berger, Plaintiff/Petitioner in the Petition for Contempt and
Enforcement of Postnuptial Agreement, have read the foregoing Petition and hereby
affirm and verify that it is true and correct to the best of my personal knowledge,
information and belief. I verify that all of the statements made in the foregoing Petition
are true and correct and that false statements made therein may subject me to the
penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities.
Date: I V cx)t' 5 , 2rJU g
By
Karla F. Berg
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EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
- - - KARLA .. E..... BERGER., ..................
NO...95-.2447 CIVIL. 1995
:?. .......- ...------ ?a .ntiff
Versus
WMVrN.. BERGBR,
.......Defendant
DECREE IN
DIVORCE
AND NOW, ...... 14w=t*x. ]-4............ 19 ..96.. , it is ordered and
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decreed that ...................... Karla F Berger ..... • , plaintiff,
and .................. Marvin Berger , defendant,
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are divorced from the bonds of matrimony.
And that the Postnuptial Agreement executed November 13, 1996
shal survive thi$ Decreq,
'The court retains (carts iction of the following ciaims which have
> been raised of record in this action for which a final order has not yet
been entered;
..........None....... .
... ........................................................
By The Court:
F
Attest: Lawrence E. Welker, Prothonotary ?•
rot onotary
j? A Y •
CERTIFIED COPY ISSUED NOVEMB
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EXHIBIT "B"
POSTNUPTIAL AGREEMENT
THIS AGREEMENT, made and concluded this ? day of November,
1996, by and between Karla F. Berger, of Cumberland County,
Pennsylvania, (hereinafter referred to as "WIFE")
-AND-
Marvin Berger, of Cumberland County, Pennsylvania,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, the parties are HUSBAND and WIFE, having been
lawfully married on December 19, 1965, on Long Island, New York;
WHEREAS, there are two adult children born to this marriage:
James Ross Berger and Matthew Brett Berger;
WHEREAS, the parties have lived separate and apart since
January 1995;
WHEREAS, unfortunate and irreconcilable differences have
arisen between the parties by reasons of which continued
cohabitation as husband and wife has been rendered impossible; and
WHEREAS, the parties have made full disclosure to each other
of their assets and liabilities, and have agreed on a
settlement of all property rights and differences existing between
them; and
WHEREAS, it is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and settle
fully and finally all property rights and all rights in, to or
against each other's property or estate, including property
heretofore or subsequently acquired by either party, and to settle
all obligations and disputes existing between them, relating to the
ownership of real and personal property, including any and all
claims for WIFE'S and/or HUSBAND'S maintenance and/or for spouse
support, alimony pendente lite, alimony, counsel fees and expenses,
and equitable distribution, and in general, the settling of any and
all claims and possible claims by one against the other or against
their respective estates;
WHEREAS, HUSBAND and WIFE acknowledge that each has had the
opportunity to receive independent/ legal advice from counsel of his
or her choosing, and that the parties intend this Agreement to be
a full and complete Postnuptial Agreement, providing for the
absolute and final settlement of all their respective marital and
property rights and all claims for spouse support, alimony pendente
lite, alimony, counsel fees and expenses, and equitable
distribution of marital property.
NOW, THEREFORE, for and in consideration of the mutual
benefits to be derived by the parties and intending to be legally
bound hereby, the parties hereby covenant and agree as follows:
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1. REPRESENTATION OF PARTIES BY RESPECTIVE COUNSEL:
The parties acknowledge that Karla F. Berger is represented by
Joanne H. Clough, Esquire and Marvin Berger is represented by Lori
K. Serratelli, Esquire and each party has had the opportunity to
review this Agreement in its entirety with his or her respective
counsel and the legal effect(s) of the provisions of this
Postnuptial Agreement have been fully explained by said counsel to
each party.
2. VOLUNTARILY ENTER INTO AGREEMENT: HUSBAND and WIFE each
acknowledge that the terms of this Agreement, under the present
circumstances, are acceptable, fair and equitable, and each party
enters into the Agreement freely and voluntarily. Both parties
acknowledge that the execution of the Agreement is not the result
of any undue influence, coercion, or duress, nor as the result of
any separate illegal agreement(s) of the parties.
3. ACKNOWLEDGEMENT OF PA DIVORCE CODE: HUSBAND and WIFE
each acknowledge that a Civil Action in Divorce is pending at Civil
Action No. 95-2447 Court of Common Pleas, Cumberland County,
Pennsylvania. HUSBAND and WIFE is each aware of, and has received
independent legal advice regarding his or her rights under the
Pennsylvania Divorce Code, 23 Pa.C.S.A. §3101, et. sea., setting
forth the courts power and duties to determine all marital rights
concerning the dissolution of a marriage including, but not limited
to divorce, equitable distribution, alimony pendente lite, counsel
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fees costs and expenses, alimony. After being fully advised
concerning each parties rights under the Pa. Divorce Code, HUSBAND
and WIFE desire to enter into this Agreement and acknowledge that
its terms and conditions are just, equitable and fair.
4. WAIVER OF RIGHT FOR COURT REVIEW: HUSBAND and WIFE
acknowledge that each intends to be legally and fully bound by the
provisions of this Agreement and each party waives his or her right
to have the Court of Common Pleas of Cumberland County,
Pennsylvania or any other court of jurisdiction to make any
determination or order regarding the parties rights to alimony
pendente lite, alimony, equitable distribution of marital property,
counsel fees and costs of litigation, or any other rights regarding
their marital status.
5. DISCLOSURE OF ASSETS: Each of the parties hereto
acknowledges that he or she is aware of his or her right to engage
in discovery, including but not limited to, written
interrogatories, motions for production of documents, the 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 and each of the parties
specifically waives his or her right to engage in any further such
discovery. Each of the parties further acknowledges that he or she
is aware of, and specifically waives, his or her right to have the
real and/or personal property, estate and assets, earnings and
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income of the other appraised, assessed or evaluated by anyone
including the courts of this commonwealth or any other court of
competent jurisdiction. The respective parties do 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 thereof 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 considered 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.
6. ACKNOWLEDGEMENT OF BANKRUPTCY: HUSBAND and WIFE each
acknowledge that as a result of financial difficulties each party
filed a separate action for Bankruptcy. WIFE filed for Chapter 13
Bankruptcy in the U.S. Bankruptcy Court for Middle District of
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Pennsylvania Case Number 1-96-00670 and has fully rendered and
satisfied her debtor plan, and received final discharge from the
Court on November 7, 1996. A true and correct copy of said
Discharge Order is attached hereto as Exhibit A. HUSBAND filed for
Chapter 13 Bankruptcy in the U.S. Bankruptcy Court for Middle
District of Pennsylvania Case Number 1-96-00656 and said action is
still pending.
HUSBAND acknowledges that he is represented by Deborah A.
Hughes, Esquire, in said Bankruptcy Action and has had the
opportunity to review this legal effect of bankruptcy on his
divorce proceeding with said counsel.
WIFE acknowledges that she is represented by Dorothy M.
Feldman, Esquire, in said Bankruptcy Action and has had the
opportunity to review this legal effect of bankruptcy on her
divorce proceeding with said counsel.
The parties further acknowledge that an order lifting the
automatic stay in HUSBAND'S bankruptcy action was entered by the
Bankruptcy Court on the 12th day of November, 1996, permitting the
parties to proceed with the Divorce Action and conclude their
equitable distribution and the divorce. A true and correct copy of
said Order is attached hereto as Exhibit B.
7. PERSONAL PROPERTY: HUSBAND warrants and represents to
WIFE and WIFE warrants and represents to HUSBAND, that they have
effected a fair and equitable division of all marital property of
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the parties, and that any and all marital property, except as
expressly provided herein, presently in possession of WIFE shall be
the property of WIFE, and that any and all marital property, except
as expressly provided herein, presently in possession of HUSBAND
shall be the property solely of HUSBAND.
8. ARTWORK: HUSBAND and WIFE acknowledge that they have
collected and obtained artwork of value during the course of the
parties marriage. The parties further agree to split the artwork
to their respective satisfaction subsequent to the execution of
this Agreement and prepare a list setting forth said distribution
and mark it Exhibit C to be subsequently attached to this
Agreement. The parties further agree that all artwork each
receives shall be given directly or left through inheritance to the
parties sons that were born of this marriage and shall never be
sold or given to any other individuals.
9. PENSIONS: The parties agree to distribute the pensions
as follows:
A. HUSBAND'S PENSION: HUSBAND and WIFE acknowledge
that HUSBAND has a pension plan with Associated Periodontist, Inc.
consisting of a Profit Sharing Plan that is marital property with
a current value of $302,469.00. The parties agree that these funds
are marital and that a Qualified Domestic Relations Order (QUADRO)
shall be prepared to transfer $225,000.00 from this profit sharing
account to WIFE as part of her share of the marital estate and the
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equitable distribution and marital settlement in this Divorce
action. A true and correct copy of the Stipulation and Motion For
Entry Of QUADRO is attached hereto as Exhibit D.
B. WIFE'S PENSION: HUSBAND and WIFE acknowledge that
WIFE currently has a profit sharing plan with Associated
Periodontists, Inc. with a current value of $28,840.00. The
parties acknowledge that said pension is marital property and agree
WIFE shall receive the full value of the profit sharing plan of
$28,840.00 as part of her equitable distribution and marital
settlement in this Divorce action.
10. MARITAL DEBT: HUSBAND and WIFE represent and warrant to
each other that except as provided herein, neither one has
contracted or will in the future contract any debts, charges, or
liabilities whatsoever for which the other party or their property
to their estates shall or may be or become liable or responsible,
will at all times keep each other free, harmless and indemnified
against and from any and all debts and liabilities heretofore or
hereafter contracted or incurred by the other, except as expressly
provided in this Agreement.
HUSBAND and WIFE acknowledge that both parties have recently
filed personal bankruptcy during the pendency of this divorce
action. The parties further acknowledge that the following
remaining debts are marital in nature:
A. Debt of $50,000.00 in the nature of a corporate loan
held by Pennsylvania National Bank, Creditor and Associated
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Periodontist, Inc. as Debtor.
HUSBAND and WIFE specifically agree
that HUSBAND shall be solely responsible for paying this debt in
full and shall indemnify WIFE and hold her harmless on this debt.
11. MONIES OWED TO PARTIES: The parties acknowledge that
Associated Periodontist, Inc. owes WIFE and HUSBAND the sum of
$22,000.00 to repay monies advanced by the parties with personal
funds made available to the corporation for operations at various
times during the course of the marriage.
The parties specifically acknowledge that these monies owed to
them are marital in nature. WIFE specifically agrees to transfer
any and all right or interest she has in said monies to HUSBAND.
HUSBAND and WIFE specifically acknowledge that they owe
wife's father $12,000.00 from monies he advanced to them during the
course of the marriage. WIFE agrees to assume full responsibility
for the repayment of this $12,000.00 debt to WIFE'S father, and
agrees to indemnify HUSBAND and hold him harmless on said debt.
12. ALIMONY: HUSBAND and WIFE agree that HUSBAND shall pay
to WIFE alimony for a period of fourteen years commencing the first
month after execution of this Agreement as follows:
A. FIRST FIVE YEARS: HUSBAND shall pay to WIFE the sum
of $2,000.00 a month as alimony on or before the first day of each
month from the date of execution of this Agreement for a period of
five years. HUSBAND shall pay said sum to WIFE for the first sixty
months after execution of this Agreement even in the event that
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WIFE co-habitats or remarries. The only event that shall terminate
said obligation shall be the death of WIFE or the death of HUSBAND
except as otherwise set forth in this Agreement.
B. YEARS SIX THROUGH TEN: HUSBAND shall pay to WIFE
the sum $2,000.00 a month as alimony on or before the first day of
each month commencing the sixty-first month after the execution of
this Agreement for an additional five year period. Said alimony
for the sixty-first to one hundred twenty months after execution of
this agreement shall terminate only in the event of remarriage by
WIFE, WIFE'S death or death of HUSBAND except as otherwise provided
in this Agreement.
C. YEARS ELEVEN THROUGH FOURTEEN: HUSBAND shall pay
wife the sum of $1,800.00 a month as alimony on or before the first
day of each month commencing the 121st month after the execution of
this Agreement for a period of four more years. Said alimony shall
terminate only in the event of remarriage by wife or WIFE'S death,
or death of HUSBAND except as otherwise provided in this Agreement.
This alimony shall stop the month that WIFE turns sixty-five years
of age.
D. NOT MODIFIABLE: Except for the termination events
as set forth above, the provisions of this paragraph shall not be
modifiable by either party.
E. TAX CONSEQUENCES: HUSBAND'S payments to WIFE as
required by this paragraph are intended to be alimony as that term
is defined by the Internal Revenue Code. Said alimony payments are
intended to be includeable in WIFE'S income for tax purposes and
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deductible by HUSBAND. HUSBAND and WIFE each agree to exchange
copies of each parties individual tax returns before filing each
year to assure that the tax returns filed are compatible.
F. WAIVER: Except as otherwise provided in this
paragraph, the parties expressly waive, discharge and release any
and all rights and claims which they may now or hereafter have, by
reason of the parties' marriage, to alimony pendente lite, alimony,
spousal support or maintenance, and they acknowledge that the terms
of this Agreement constitute a final determination for all time of
either parties' obligation to contribute to the support and
maintenance of the other party.
13. LIFE INSURANCE FOR WIFE: HUSBAND agrees that he shall
provide life insurance on his life with WIFE designated as
beneficiary in a sum representing eighty five percent (85%) of the
gross alimony amount due and payable to WIFE pursuant to the terms
of paragraph 12 hereabove. Said life insurance protection in favor
of WIFE may be decreased by HUSBAND no less frequently than
annually to reflect remaining balances payable to WIFE as alimony
pursuant to the terms hereabove.
Except as set forth hereinabove, WIFE and HUSBAND hereby
specifically release and waive any and all interest, claim, or
right that he or she may have in and to any and all policies of
life insurance owned by or insuring the life of the other, along
with all incidents of ownership pertaining to same, including cash
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value, if any, and specifically to include a waiver of any
beneficiary designations thereunder.
14. HEALTH INSURANCE FOR WIFE: HUSBAND shall pay health
insurance premiums for wife for thirty-six months commencing the
first month the divorce is issued for thirty-six consecutive months
or until wife remarries whichever first occurs. WIFE specifically
agrees that if at any time during this thirty-six month period she
has comparable insurance made available to her through an employer
at nominal or no cost, she will secure that insurance coverage and
notify husband immediately so that he may discontinue her 'insurance
coverage. In such event HUSBAND'S obligation to provide health
insurance for WIFE shall cease.
15. TAX CONSEQUENCES:
A. CAPITAL GAINS TAX CONSEQUENCE FROM SALE OF
PARTIES MARITAL RESIDENCE: The parties acknowledge that the
marital residence was sold during the pendency of this divorce
action. The parties further agree that WIFE shall assume any and
all responsibility for any capital gains tax liability as a result
of the sale of said marital residence. Notwithstanding the
foregoing, WIFE'S liability to HUSBAND for taxes (including any
additional taxes, penalties, and interest resulting from any audits
or subsequent assessments) pursuant to this Paragraph 15.A. shall
not exceed Four Thousand Dollars ($4,000.00).
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B. ALL OTHER TAX CONSEQUENCES: Each party will keep
and preserve for a period of six (6) years from the date a divorce
decree is entered 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 audit. In the event that the Internal
Revenue Service or other taxing authority seeks to impose taxes,
penalties, and/or interest as a result of joint tax returns filed
during the marriage, HUSBAND shall indemnify and hold WIFE harmless
against any liability whatsoever related to any such taxes,
penalties and interest, except for any taxes, penalties or interest
assessed on any earnings of WIFE. WIFE shall be solely responsible
for any such taxes, penalties or interest on joint returns that
were assessed on any earnings she earned.
HUSBAND shall also bear sole liability and/or responsibility
for any tax, penalty or interest arising from any transaction from
or connected with the Selinsgrove property.
16. ATTORNEYS FEES: Each party shall be responsible to pay
for his or her own counsel fees and other costs relating to this
Divorce action.
17. MUTUAL RELEASE: Subject to the provisions of this
Agreement, each party has released, discharged and, by this
Agreement, does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release and
discharge the other of and from all cause of actions, claims,
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rights or demands whatsoever, in law or equity, which either of the
parties ever had, now have, or can have at any time against the
other, specifically including rights or claims to spouse support,
alimony, alimony pendente lite, counsel fees and expenses, and
equitable distribution of marital property, except for any cause of
action for divorce from the bonds of matrimony and any cause of
action for breach of any provisions of this Agreement.
The parties hereto expressly relinquish and waive any and all
rights that they may have now or in the future to claim
and/or obtain spouse support, alimony pendente lite, alimony,
counsel fees and expenses or equitable distribution of property;
further, WIFE specifically waives any and all claims she may have,
now or in the future, to revenue or ownership in HUSBAND'S
practice, Associated Periodontics.
18. ESTATE RELEASE: 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
may now have or hereafter acquire, under the present or 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, courtesy, statutory allowance, widow's
allowance, right to take property under equitable distribution,
right to take in intestacy, right to take against the will of the
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other, and right to act as administrator or executor of the other's
estate, and each 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 interest, rights and claims.
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19. SEPARATION: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place or places as he or she may from time to time choose or
determine fit.
20. NO INTERFERENCE: Each party shall be free from
interference, authority and control, direct and indirect, by the
other as fully as if he or she were single and unmarried. Neither
shall molest the other, compel or endeavor to compel, the other to
cohabit or dwell with him or her, or to interfere with friendships,
society or acquaintances with either of the parties hereto may
choose or have from this day forward.
21. DOCUMENTS: Each party shall, at the request of the
other, execute, acknowledge and deliver to the other party any
documents which may be reasonably necessary to give full force and
effect to this Agreement.
22. INTENT TO COMPLETE DIVORCE: HUSBAND and WIFE agree to
each cooperate and sign Affidavits of Consent to a 3301(c) No Fault
Divorce and each sign a Waiver Of Notice Of Intention To Request
Entry Of Divorce Decree contemporaneously with the execution of
this Agreement. WIFE's counsel shall immediately prepare a vital
statistics form and Praecipe to Transmit Record and any other
necessary documents and promptly file said documents and timely
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finalize this divorce action. A certified copy of said Divorce
Decree shall be forwarded to HUSBAND's counsel.
23. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this
Agreement are intended to consider, determine and distribute all of
the assets of the parties hereto as part of the terms of this
Postnuptial Agreement. This Agreement is intended by the parties
hereto to be a valid Postnuptial Agreement, providing for the
absolute and final settlement of their respective property rights
and all obligations of spouse support. This Agreement is not
intended to be a mere separation agreement. This -Agreement
contains the entire understanding of the parties and there are no
representations, warranties, covenants or promises other than those
expressly set forth in this Agreement.
24. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each
party acknowledges that this Agreement has been entered into of his
or her own violation, with full knowledge of the facts and full
information as to the legal rights, liabilities and the assets of
the other, and that each believes this Agreement to be reasonable
under the circumstances and not the result of any duress or undue
influence.
25. 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
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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 default of the same or
similar nature.
26. SITUS: This Agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Pennsylvania.
27. 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
covenant and agreement.
If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force,
effect and operation.
28. ENTRY AS PART OF DECREE: It is the intention of the
parties that this Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order,
judgment or decree of divorce (temporary, interlocutory, final or
permanent) shall affect or modify the financial terms of this
Agreement. This Agreement shall be referenced by date only on the
face of the Divorce Decree.
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29. BREACH: 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 should be responsible for payment of all
attorney's fees, legal costs and expenses incurred by the other in
enforcing their rights under this Agreement.
30. BINDING EFFECT: Each of the parties hereto intends to be
legally bound hereby, and this Agreement shall be binding upon
their heirs, personal representatives and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written, each
adopting the seal following his or her signature as his or her own.
Marvin Berger
,
6yo L7
Karla F. Berger
18
WITNESSES:
46
0
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN .
On this the ,/-3 day of ??1996, before me, the
undersigned officer, personally appeared MARVIN BERGER, known to me
(or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
Notarial Seal
Debra A. EvangelistDau Notary County l
Susquehanna Twp., ,-
My Commission Expires May 7, 2000
Notary Public
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this the 1 day of X1996, before me, the
undersigned officer, personally appeared KARLA F. BERGER, known to
me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
Dated:
Notary Public
NOTARIAL SEAL
MAUMEEN IL 4?J.4N. Notary PUbk
Lower Paxton Twp.. Dauphin Co.. PA
M CormniWon Expires March 20. 2000
19
KARLA F. BERGER, IN THE COURT OF COMMON
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNPLEAS,
SYLVANIA
NO. 95-2447
MARVIN BERGER,
Defendant/Respondent CIVIL ACTION - IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition for Contempt and
Enforcement of Postnuptial Agreement was served via regular mail at the following
address:
Dr. Marvin Berger
4975 Saddlebrook Drive
Harrisburg, PA 17112
With a courtesy copy to:
Lori K. Serratelli, Esquire
Serratelli, Schiffman, Brown & Calhoon
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
Attorneys for Respondent
WIX, WENGER & WEIDNER
Date: 111 (Z/L4®? By: '&t? Harva Owings Baughman, rale
508 North Second Street g
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff/Petitioner
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KARLA F. BERGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MARVIN BERGER,
Defendant NO. 95-2447 CIVIL TERM
ORDER OF COURT
AND NOW, this 17`h day of November, 2008, upon consideration of Plaintiff's
Petition for Contempt and Enforcement of Postnuptial Agreement, a Rule is hereby
issued upon Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE at a hearing scheduled for Wednesday, January 28, 2009,
at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
Stephen J. Dzuranin E
sq.
Jeffrey C. Clark, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108
Attorneys for Plaintiff
? Lori K. Serratelli, Esq.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
Attorney for Defendant
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KARLA F. BERGER,
Plaintiff/Petitioner
VS.
MARVIN BERGER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-2447
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,
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 at
CUMBERLAND COUNTY COURTHOUSE. 1 COURTHOUSE SQUARE CARLISLE
PENNSYLVANIA 17013.
IF YOU DO NOT WISH TO 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 249-3166
Lori K. Serratelli, Esquire
Attorney ID No. 27426
Serratelli, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
(717) 540-5481 (Facsimile)
lserratelliAssbc-law. corn
Attorney for Defendant/Respondent
KARLA F. BERGER,
Plaintiff/Petitioner
vs.
MARVIN BERGER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-2447
CIVIL ACTION - IN DIVORCE
ANSWER TO PETITION FOR CONTEMPT AND
ENFORCEMENT OF POST-NUPTIAL AGREEMENT
WITH COUNTERCLAIM
AND NOW comes Respondent, Marvin Berger, by and through his attorney, Lori K.
Serratelli, Esquire and the law firm of Serratelli, Schiffman, Brown & Calhoon, P.C., and files
this Answer to Petition for Contempt and Enforcement of Post-Nuptial Agreement, and avers as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part. Additionally, Paragraph 12 of the Post-Nuptial Agreement
states in Paragraph 12C that "...for years eleven through fourteen Husband shall pay Wife the
sum of $1,800 per month as alimony on or before the first day of each month commencing the
121" month after the execution of this agreement for a period of four more years. Said alimony
should terminate only in the event of remarriage by Wife or Wife's death, or death of Husband,
except as provided in this Agreement. This alimony shall stop the month that Wife turns 65
years of age".
7. Admitted.
Admitted.
9. Denied. As of the date of the Petition, November 11, 2008, Defendant/
Respondent had sent the sum of $1,800 by check dated November 8, 2008 to Plaintiff/Petitioner,
which she endorsed (see Exhibit "A"), for the month of October 2008. Further,
Defendant/Respondent sent the November payment by check dated November 15, 2008, which
was also endorsed by Plaintiff/Petitioner (see Exhibit `B").
10. Denied. Defendant/Respondent has paid alimony faithfully since November 13,
1996, which is a period of 12 years, and has never refused to comply with the terms of the
Agreement. Furthermore, Defendant/Respondent sent an e-mail to Plaintiff/Petitioner in October
indicating the payment would be late.
11. Denied. It is denied that Defendant/Respondent has on numerous occasions failed
or refused to timely comply with the terms of the Agreement. Over the course of 12 years,
Defendant/Respondent has never refused to pay his obligation but may have been late by four to
five days with payments only three to four times up until October of this year when
Defendant/Respondent was somewhat late due to other circumstances (i.e. he is no longer in
practice, etc.).
12. Denied. Defendant/Respondent has never refused to comply with the terms of the
Agreement. Plaintiff/Petitioner has suffered no harm and has received all payments due her
through December 2008. (See Exhibit "C")
13. Admitted.
14. Denied. There has been no willful violation or breach of the Post-Nuptial
Agreement. Further, Plaintiff/Petitioner's attorney failed to even contact
Defendant/Respondent's attorney prior to filing the Petition for Contempt pending before the
Court to attempt to work out the current issues of timeliness of payment prior to filing a
contempt petition.
15. No response is required as this is a conclusion of law.
16. Admitted in part and denied in part. It is admitted that the Agreement at
Paragraph 29 provides that "if either party breaches" that the breaching party should be
responsible for payment of all attorneys' fees. It is denied that there has been a breach by
Defendant/Respondent.
17. Admitted in part. It is admitted that Plaintiff/Petitioner may have incurred some
attorneys' fees in this matter. However, the fact Plaintiff/Petitioner incurred said fees were of
her own choosing. Defendant/Respondent attempted to communicate with her that the payment
would be late for October 2008 and Plaintiff/Petitioner's response was to contact her attorney
and file a Petition for Contempt. Lastly, the fees demanded by Plaintiff/Petitioner are excessive
and unreasonable.
COUNTERCLAIM FOR ATTORNEYS' FEES
FOR FRIVOLOUS PETITION FOR CONTEMPT
18. Defendant/Respondent incorporates by reference his answers to Paragraphs 1
through 17 as if fully set forth herein.
19. Defendant/Respondent has unnecessarily incurred attorneys' fees in responding to
this Petition for Contempt and Enforcement of Post-Nuptial Agreement when a simple letter
from Plaintiff/Petitioner's attorney could have corrected the situation.
WHEREFORE, Defendant/Respondent requests this Honorable Court deny
Plaintiff/Petitioner's Petition for Contempt and Enforcement of Post-Nuptial Agreement and
order attorneys' fees against Plaintiff/Petitioner in the amount of $600.00 payable to
Defendant/Respondent for services rendered to Defendant/Respondent for the preparation of this
Answer and additional fees for representation in Court if Plaintiff/Petitioner insists on
proceeding with this matter despite the fact it is resolved.
Respectfully submitted,
u Serratelli, Esquire
Attorney ID No. 27426
Serratelli, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
(717) 540-5481 (Facsimile)
lserratelli(a)ssbc-law.com
Attorney for Defendant/Respondent
YUMI?ALION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements bercin are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unswom falsification to authorities.
Date; 2 / lqlbp
CERTIFICATE OF SERVICE
I, Lori K. Serratelli, Esquire, do hereby certify that on thisq'?Ilday of 1?g ibU, 2008,
I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid,
to the following person(s):
Stephen J. Dzuranin, Esquire
Jeffrey C. Clark, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108
C)
Lo ' erratelli, Esquire
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
Attorney for Defendant/Respondent
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KARLA F. BERGER,
Plaintiff
V.
MARVIN BERGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2447 CIVIL TERM
ORDER OF COURT
AND NOW, this 15th day of December, 2008, upon consideration of Plaintiff's
Answer to Petition for Contempt and Enforcement of Post-Nuptial Agreement with
Counterclaim, this matter shall be hearing at the hearing previously scheduled in this
matter for Wednesday, January 28, 2009, at 10:30 a.m., in Courtroom No. 1, Cumberland
County Courthouse, Carlisle, Pennsylvania.
/Stephen J. Dzuranin Esq.
Jeffrey C. Clark, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108
Attorneys for Plaintiff
Lori K. Serratelli Esq.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
Attorney for Defendant
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BY THE COURT,
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KARLA F. BERGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL ACTION - LAW
MARVIN BERGER, : NO. 95-2447 CIVIL TERM
Defendant .
ORDER OF COURT
AND NOW, this 28th day of January, 2009, upon
consideration of Plaintiff's Petition for Contempt and Enforcement
of the Post-Nuptial Agreement, and of Defendant's Answer to
Petition For Contempt and Enforcement of Post-Nuptial Agreement and
Counterclaim, and following a hearing held on this date, it is
ordered and directed as follows:
1. The Defendant is found to have intentionally,
voluntarily, and willfully failed to comply with the terms of the
parties' post-nuptial agreement dated November 13, 1996, and he is
consequently adjudicated in contempt;
2. The Defendant is sanctioned to pay a fine to the
County in the amount of $100 and attorney's fees to Plaintiff in
the amount of $1,100, within 30 days of the date of this order;
3. No other relief is afforded to either party.
? Jeffrey C. Clark, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108
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the Plaintiff
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v Lori K. Serratelli, Esquire
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
For the Defendant
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