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IN THE COURT
OF COMMON
PLEAS
OF CUMBERLAND
COUNTY
STATE OF
PENNA.
\iTl YNE \'. TlUKEIl,
Plilintiff
Il) 95
:\ II. 2907
CIVIL
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PTlTlllClTl TI. TlUKEIl,
Defendant
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decreed Ihol
WTlYNE \'. flUKEH
'. plaintiff.
defendanl,
ond
PTlTHlC1Tl fl. TlUKEH
are divorced from the hondo; of matrimony
lhe courl relains jurio;didion of the following claims which have
been raised of rerord in thi., OCllOI1 for which 0 final order has nol yel
been enlered;
1 TIt; F\lHTIIEH OHIlFliI:I} ilnd DEt' HI.:I':JJ IIlil t. tll" I.. nm, and COIHli, ti 0116 ~
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WIIEREAS, it is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and
settle 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
disputes existing between them, including any and all claims
for WIFE'S and or IIUSBAND'S maintenance and/or for spouse
support, a limony pendente 11 te, a 1 i mony , counsel fees and
expenses, custody and equitable distribution; and
WIIEHEAS, 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 claims for spouse support, alimony
pendente lite, alimony, counsel fees and expenses, and
equitable distribution of marital property.
NOW TIIEHEFOHE, for and in consideration of the mutual
benefits to be derived by the parties and intending to be
1 ega 11 y bound hereby, the part i es hereby covenant and agree as
followSI
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1. PERSONAL PROPERTY: HUSBAND warrants and represents
to WIFE, and WIFE warrants and represents to HUSBAND, that
thoy have effected a fair and equitable division of all
marital property of the parties, and that any and all marital
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property, except as expressly provided herein, presently in
possession or under the control of WIFE shall be the property
solely of WIFE, and that any and all marital property, except
as expressly provided herein, presently in possession or under
the control of HUSBAND shall be the property solely of
HUSBAND.
WIFE shall have sole rights of possession, title and
ownership to the following personal property and HUSBAND does
hereby waive and relinquish any and all right he has or may
have to claim any interest or share in the 1990 Eagle Talon
sedan automobile.
HUSBAND shall have sole rights of possession, title
and ownership to the following personal property and WIFE does
hereby waive and relinquish any and all right she has or may
have to claim any interest or share in the 1991 Ford F-150
pick-up truck.
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Neither party shall make any claim to any items of
marital property, or of the separate personal property of
either party, which are awarded to the other pursuant to the
provisions of this Agreement or which are now in the
possession and/or under the control of the other. Should it
become necessary, the parties each agree to sign, upon
request, any titles or documents necessary to give effect to
this paragraph.
Property shall be deemed to be in the
possession or under the control of either party if, in the
case of tangible personal property, the item is physically in
the possession or control of the party at the time of the
signing of this Agreement, and in the case of intangible
personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate
of insurance or other similar writing is in the possession or
control of the party.
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HUSBAND and WIFE do hereby waive and forever release
any interest or right either may have to make any claim
against or to assert any interest or right to or in any
retirement plan, pension plan, profit sharing plan, or other
employee benefits of any nature or type earned or provided to
the other.
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2. REAL 1'1l0l'ERnl WII'E shall execute a deed
transferring to HUSBAND the premises at 40 Monarch Lane,
Mechanicsburg, Cumberland County, Pennsylvania. IIUSDAND shall
give a collateral mortgage to WIFE to protect her interests
under this Agreement. If the property is transferred within
five (5) years from the date of this Agreement, WIFE shall
have the following interest in the net proceeds of the salel
(a) Deed transfer between date of Agreement of
first (1st) anniversary of the Agreementl fifty percent (50\)
net proceeds to WIFE and fitty percent (50\) net proceeds to
HUSBAND.
(b) Deed transfer between date ot Agreement ot
second (2nd) anniversary of the Agreement I forty percent
(40\) net proceeds to WIFE and sixty percent (60\) net
proceeds to IIUSBANlJ.
(c) Deed transfer between date of Agreement at
third (Jrd) anniversary of the Agreementl thirty percent
(30\) net proceeds to WI FE and seventy percent (70\) net
proceeds to IIUSUANlJ.
(d) Deed transfer between date of Agreement of
fourth (4th) anniversary of the Agreement I twenty percent
(20\) net proceeds to WI FE and eighty percent (80\) net
proceods to Il11SUAlllJ.
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(e) Deed transfer between date of Agreement of
fifth (5th) anniversary of the Agreement: ten percent (10\)
net proceeds to WIFE and ninety percent (90\) net proceeds to
HUSBAND.
(f) Any transfer after the fifth (5th) anniversary
date of this Agreement shall result in all net proceeds being
distributed to HUSBAND.
WIFE shall no longer have any interest in the property
after the five (5) year period terminate. Net proceeds are
defined as the gross selling price less all normal closing
costb, satisfaction of all liens and mortgages, transfer
taxes, counsel fees related to the sale of the real estate,
realtor's fees, and ancillary costs.
HUSBAND agrees that while he occupies said
residence, he will make prompt payment of the mortgage and
taxes, when required under the terms of this Agreement as set
forth in Paragraph 5, insurance payments due on said property
and will increase fire and hazard insurance periodically to
cover increases in the owners' equity. HUSBAND also agrees to
pay utilities, including gas, electricity, sewer, water and
refuse collection, and to keep the residence in good repair.
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property. WIFE shall cooperate in the refinancing of the
oxisting mortgage by executing any and all documentation
needed or demanded regarding this transaction, Including a
satisfaction or subordination of the collateral mortgage given
under the terms of this Agreement.
If, during the period endi no on the f itth (5th)
anniversary of the date of this Agreement, HUSBAND does not,
by June 30, 2000, retire and pay in full the mortgage owed to
Bank of America 01" WIFE receives a notice of foreclosure
and/or defaul t from the mortgagee, Bank of America, its
successors and assigns, callsed as a result of HUSBAND'S non-
payment of mortgage payments, insurance, real estate taxes, or
failure to comply with any other terms of the mortgage, and/or
receives notice of a Sheriff's or Judicial Sale for unpaid
taxes or receives a notice of unpaid Insurance coverage on the
premises, which IroSUAND, by the terms of this Agreement, has
obligated himself to pay and, HUSUAND has agreed to hold WU'E
harmless. IIlHJIlAHLJ shllll cure such default or breach within
thirty (30) days aileI' having n:ceived written notice from
W I FE to do eo. J n t.he event t.he de f au 1 t or breach is not
cured, notw Ithatanllln<j any othel" tel'me ot thie Agreement,
WIn~, shllll have the rl'lht t.O Cllre the alleged default and
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shall also have the right to demand HUSBAND to immediately
list the property at 40 Monarch Lane, Mechanicsburg,
Cumberland County, Pennsylvania for sale with a reputable
realtor of WIFE'S choice, at a price which, in the opinion of
WIFE will assure a prompt liquidation of the property but, in
no event, will the contract sale price be agreed upon at a
price less than the sum necessary to completely retire the
principal, interest, and ancillary costs of the defaulted
mortgage, the real estate taxes due and owing, and any amount
owed to WIFE under the terms of the Note given pursuant to
this Agreement and any amounts WIFE has advanced on behalf of
HUSBAND.
I f HUSBAND refuses to execute a 1 isting agreement at
the price set by WIFE, then WIFE shall have the right to
institute an action in equity for specific performance and ~
HUSBAND shall have no right to defend against the action with
the exception of the defense of a breach of the terms of this
SUb-paragraph or error on the part of the mortgagee in
claiming a default and/or the error in claiming non-payment of
real estate taxes or insurance premiums.
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If WIFE cures the alleged default(s); if WIFE makes
any payment(s) on the defaulted mortgage obligation on behalf
of HUSBAND; if WIFE pays any unpaid real estate taxes; or if
WIFE pays any unpaid insurance premiums, WIFE shall have the
right, at the time of the sale of the marital domicile, to be
reimbursed from the proceeds of the sale for all monies she
has paid to cure the default or monies she has paid on behalf
of HUSBAND, together with accrued interest to be calculated at
Dauphin Deposit Bank & Trust Company's prime lending rate,
plus three (3) additional interest points.
4. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE
represent and warrant to each other that except as provided
herein, neither one has contracted, since separation or will
in the future contract, any debts, charges or liabilities
whatsoever for which the other party or their property or
their estates shall or may be or become liable or responsible,
and they covenant that they 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.
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HUSBAND agrees to timely pay and be solely
responsible for, and to indemnify and hold harmless WIFE from
liability on, the following debts:
(a) Bank of America
(b) Discover Card
(c) Members First (line of credit loan)
(d) VISA - Members First
WIFE agrees to timely pay and be solely responsible
for, and to indemnify and hold harmless HUSBAND from any
liability on, the following debts:
(a) VISA - Members First
(b) Members First (loan)
5. WAIVER OF RIGHTS AND MUTUAL RELEASE: The parties
hereto have been informed of their rights by their respective
counsel under and pursuant to the Divorce Code, Act of April
2, 1980, Number 1980-26, particularly the provisions for
alimony, alimony pendente lite, equitable distribution of
mar ita1 property, counsel fees or expenses. Both parties
agree that this Agreement shall conclusively provide for the
distribution of property under the said law and hereby waive,
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The parties hereto exprenly 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 lits,
alimony, counsel fees and expenses or equitable distribution
of property.
This Agreement is not intended to be nor shall it be
construed or deemed to be a release or waiver of any right
WIFE or IIUSUAND may have to claim, ftssert or obtain social
security benefits to which either may be entitled by virtue of
the mftrriago relationship between IIUSUAND and WIFE.
6.
ESTATE HE.l.LMJ;;:
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 shftre in the
property or the estate of the othor ae a result of the marital
relationship, including without limitation, dower, courtesy,
statutory allowance, widow's ftllowance, right to take property
under equitable dlstl"llJullol1, right to take in intestftcy,
right to take against tho will of tho other, and right to act
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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 interests, rights and claims.
7. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to the
parties by their respective counsel, Jordan D. Cunningham,
Esquire, for HUSBAND and Susan J. otto, Esquire, for WIFE.
Each party acknowledges that he or she has received
independent legal advice from counsel of his or her selection
and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations and
each party acknowledges and accepts that this Agreement is, in
the circumstances, fair and equitable and that it is being
entered into freely and voluntarily, after having received
such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or
illegal agreement or agreements.
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misrepresentation or failure to disclose the nature and extent
of WIFE'S separate income.
10. REPRESENTATIONS AND WARRANTIES: The parties
acknowledge that they have been advised by their respective
counsel of their right to require the filing of financial
disclosure statements by the other prior to the entering into
this Agreement, and being so advised the parties acknowledge
that they have waived their right to request such financial
disclosure. However, each of the parties hereby warrant and
represent to the other that at the time of separation, they
had no right, title and interest in any real or personal
property with a fair market value in excess of Five Hundred
and 00/100 Dollars ($500.00) except for any asset or item of
real or personal property specifically described and awarded
pursuant to Paragraphs 1 and 2 of this Agreement.
11. SEPARATION: It shall be lawful for each party at
all timee 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.
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12. NO INTERFERENCE I 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.
Nei ther 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 which either of the
parties hereto may choose or have from this day forward.
Neither party shall do or say anything to the children of the
parties at any time which might in any way influence the
children adversely against the other party.
13. 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.
14. AGHEEMENT H91'....A-UAR TO DIVORCE PROCEEDINGS; This
Agreement shall not be considered to affect or bar the right
of WIFE or IWSUAND to a divorce on lawful grounds as such
grounds now exist or shall hereafter exist or to such defense
aa may be available to either party. This Agreement is not
intunded to condone and shall not be deemed to be a
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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. The parties
intend to secure a mutual consent, no fault divorce pursuant
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to the terms of section 3301(c) of the Divorce Code of 1980.
The parties agree to sign all necessary documents, including
Affidavits of consent, to secure said no-fault divorce.
15. 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 val id 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 conta ins the entire
understanding
parties,
the
of
and
there
are
no
representations, warranties, covenants or promises other than
those expressly set forth in this Agreement.
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16. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each
party acknowledges that this Agreement has been entered into
of his or her own volition, (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 the Agreement
to be reasonable under the circumstances and not the result of
any duress or undue influence.
17. MODIFICATION AND WAIVER: Neither this Agreement nor
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any provision thereof shall be amended or mod fied or deemed
amended or modified, except by an agreement in writing duly
subscribed and acknowledged with the same formality as this
Agreement. Any waiver by either party of any provision of
this Agreement, or any right or option hereunder shall not be
deemed a continuing waiver, and shall not prevent or estop
such party from thereafter enforcing such provision, right or
option, and the failure of either party to insist in anyone
or more instances upon the strict performance of any of the
terms or prov isions of this Agreement by the other party shall
not be construed as a waiver or relinquishment for the future
of any such term or provision, but the same shall continue in
full force and effect.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and date first written, each adopting
the seal following his or her signature as his or her own.
WIT~~SES:
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HUSBAND:
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WAYNE L. AUKER
cv4d j':j~v!liZ(.
WIFE:
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PATRICIA A. AUKER
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v.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 CIVIL 2901
WAYNE L. AUKER,
Plaintiff
PATRICIA A. AUKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO TilE PROTHONOTARY:
Transmit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Ground for di vorce: irretrievable breakdown under
section (Xl llOllcl I I llOl..1.J;U of the Divorce Code.
2. Date and manner of service of the Complaint:
Defendant received the Complaint in Divorce on June l. 1995 bv
certified mail. rrl1lrn receipt reauestJ:!..\l. restricted delivery...
See certificate of Service filed to the above term and number.
3. (Complete either Paragraph (a) or (b)).
(a) Date of execution of the Affidavit of Consent
required by section l301{c) of the Divorce Code: By Plaintiff:
October 10. l~~S I Defendant: OctulH'1 lO, 199'i.
(b) (I) Date of execution of the Plaintiff's
Affidavit required by section 3301 (d) of the Divorce Code:
tUAl (2) Date of service of the Plaintiff's Affidavit upon
the Defendant I NJ.A_L
4, Helated claims pending: Il<LSMllllLllW411l9,
CIJNNINGHJ\M " C/WHNICOFF, P.C.
Date:
OC.tobl'r 12, If)')'l
Ily: ~~..~~. ...._____...._~__..,_.,._.."...__
Jordan D. Cunningham, Esquire
LD. .23144
2320 North Second Street
P. O. Dox 60451
lIarrlsburg. PA 11101>-04'>"
(Attol'neys for Plaintiff)
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CUNNINGIlAM & CIlERNICOFF, P,C.
WAYNE L. AUKER,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (jS - jt/r.J'! !t~.<-.( 7('1.,,,-,
v.
PATRICIA A. AUKER,
Defendant
CIVIL ACTION - LAW
IN DIVOIlCE
NOTICB TO DB FEND AND CLAIM RIOHTS
YOU IIAVE nEEN SUED IN COUIlT. 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 murriage counselors is
available in the Office of the Prothonotary at Cumberland
County Courthouse, Carlise, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOil ALIMONY, MARITAl, PIlOPERTY,
COUNSEL FEES OR EXPENSES BEFORE 'l'HE FINAL DECREE OF DIVOHCE OR
ANNUUlENT IS ENTERED, YOU MAY LOSE TilE RIGHT TO CLAIM ANY OF
TIIEM. YOU SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF
YOU 00 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 IIELP.
Court Administrator
Cumberland county Courthouse
Carlisle, PA 17013
Telephone: (717) 240-6200
Respectfully SUbmitted,
CUNNINGIIAM " CIIERNICOFF, P.C.
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By I _ _______'_________...__'___
Jordah D. Cunningham, Esquire
I,D. '23144
2320 North Second street
P. O. BOll 111l45'1
lIarrisburv, PA 1'l11l6-11457
Telephonel (71'/) 230-65'10
(Attorneys for Plaintiff)
AFFIDAVIT OF NON-MILITARY BIRVICB
COMMONWEALTH OF PENNSYLVANIA
sSI
COUNTY
OF
DAUPHIN
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The Plaintiff, being duly sworn according to law, deposes
and says that he is the Plaintiff in the above captioned
matter and that he personally knows that the Defendant is over
the age of eighteen (IB) years.
The Plaintiff further avers that the Defendant is not in
the Military Service or in any branch of the Armed Forces of
the United States of America or its Allies or otherwise within
the provisions of the Soldiers' and Sailors' civil Relief Act
of Congress of 1940 and its Amendments.
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L I1Jdi:-L-
AUKER
SWORN and Subscribed to
BefQre me this , day
of ) I I , " i 1995.
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i OTARY PUBLIC
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1..01,1'1,111"'<11
131anchH A MUIlI"'{I!'. t~otary PuhllC
HilfllSburp IJ,IIJplllfl CoulltV
M, Co~nmlSSIl)l\ r ~pl!f't, No..... 8 19'17
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY
8S;
OF
DAUPHIN
I, WAYNE L. AUKER, being duly sworn according to law,
depose and say:
(1) 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.
(2) I understand that the Court maintains a
list of marriage counselors in the Domestic
Relations Office, which list is available to me
upon request.
(3) Being so advised, I do not request that
the Court require that my spouse and I participate
in counseling prior to a Divorce Decree being
handed down by the court.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S4904 relating to
unsworn falsification to authorities.
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WAYNE L. AUKER
B.-.tOj fe this
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