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HomeMy WebLinkAbout02-4287KATHRYN A. WESTERMEIER, PLAINTIFF VS. RICHARD J. WESTERMEIER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O~,~ q.~7 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 KATHRYN A. WESTERMEIER, PLAINTIFF VS. RICHARD J. WESTERMEIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO.t~ ~/~P? CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, KATHRYN A. WESTERMEIER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is KATltRYN A. WESTERMEIER, an adult individual, who currently resides at 227 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and has resided in Cumberland County for over five (5) years. 2. Defendant is RICItARD J. WESTERMEIER, an adult individual, who currently resides at 31 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on August 23, 1969. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiffwas never a member of the United States Military Services. Defendant was a member of the United States Navy for six (6) years during the marriage; however, this time was not sufficient to incur any military benefits subject to equitable distribution. 9. Plaintiff and Defendant have one (1) child from their marriage, ItEIDI BETIt MUCK, bom May 15, 1970. The child is no longer a minor and therefore is not a part of this Complaint. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divome. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, KATHRYN A. WESTERMEIER, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaimiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, KATHRYN A. WESTERMEIER, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: September ~i~-, 2002 Susan Kay CandietkF6,~-re -- -- 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. ~ / KAYHRYi~A. WESTERMEIER KATHRYN A. WESTERMEIER, PLAINTIFF RICHARD J. WESTERMEIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-47.87 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Beit known, that onthe <~'P~'day of ~~x3,~,o.~ ,2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Kathryn A. Westermeier, Plaintiff in the above-captioned matter. 3. On September 11, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9505, and addressed to the Defendant, Richard J. Weste~Jiieier, at 31 Devonshire Square, Mechanicsburg PA 17050. 4. The return receipt card signed by the Defendant, R. Westermeier, showing a date of service of September 13, 2002, is attached hereto as Exhibit "A". o Pa~R.C.P. 403. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~-4~ day of Notary Public ~ My Commission Expires: G~_O c~ ~00 ~' · C~mp!ete items 1, 2, and 3: AJso complete ~ 4 if Restricted Delivery is desired. · Pflnt yeUr narneand address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. ,~4ticle Addressed to: RESTRICTED DELIVERY 2..N~lcle Number (Copy from service labeO ~ , 7001 Ps Form 3811, Ju~y t ~'~'~ ~eml? I Agent [] Express Mail [] Registered [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 2510 0:003 4439 9505 Return Receipt 102595-00-M-0952 ' Exhibit "A" MARITAL PROPERTY SETTLEMENT AGREEMENT TH/S AGREEMENT is entered into this __ day of ,2003, by and between KATHRYN A. WESTERMEIER and RICHARD J. WESTERMEIER. RECITALS Wife's Birthday and Social Security Number: June 20,1952 Husband's Birthday and Social Security Number: November 6, 1950 Date of Marriage: August 23, 1969 Place of Marriage: Darien Center, New York Last Marital Residence: 227 Hempt Road, Mechanicsburg, Pennsylvania, 17050 Date of Separation: December 1,2000 Children: One (1), Heidi Beth Muck, bom on May 15, 1970 Pending Court Proceedings: None Divorce Court of Common Pleas No. 02-4287 Civil Term of Cumberland County, Pennsylvania Wi~IEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, TltEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and a~rge as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be flee from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. Co) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate fi'om any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry ora divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this A~reement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof; and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife, and Linda A. Cloffelter, Esquire, for Husband. The parties acknowledge that each has received independent legal advice fi.om counsel of their selection and that they have been fully informed as to their legal fights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreemem and acknowledges that the Agreemem is fair and equitable. The parties have reached this Agreement fi.eely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing &changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This A~reemem shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON I~IRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 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. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most thirty (30) days after demand therefore) execute any and ail written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shail in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement 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 shail be stricken from this Agreement and in all other respects this Agreement shail be vaiid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shail in no way avoid or aiter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Linda A. Clotfelter, Esquire, at the Law Offices of Craig A. Diehl, 3464 Trindle Road, Camp Hill, Pennsylvania, 17011- 4436, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candinllo, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg PA 17050, or such other address as Wife from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereat~er save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred at~er the execution date hereof, except as may be otherwise specifically provided herein, as welt as fi'om all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 etseq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works &art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall herea~er be the sole and exclusive property of the other. 7 2. MOTOR VEHICLES A. The parties have agreed Husband shall keep the 1999 Cadillac Seville STS Touring Sedan 4D. The vehicle is titled in Husband's name. There are no loans associated with this vehicle. Husband agrees to be solely responsible for ail expenses and insurance for this vehicle. This vehicle shail hereinai~er be the sole and exclusive property of Husband. B. The parties have agreed Wife shall keep the 2000 Jeep Grand Cherokee Limited Sport Utility 4D. The vehicle is titled jointly in Husband and Wife's names and the loan for the vehicle a joint loan in Husband and Wife's names. There is only one (1) year remaining to be paid on this loan. The parties have agreed to keep the loan in joint names. Wife agrees to be solely responsible for ail loans, expenses and insurance for this vehicle. When the loan is paid in full, Husband agrees to cooperate in signing the title to this vehicle into the Wife's name aione. This vehicle shall hereinafter be the sole and exclusive property of Wife. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax*free basis if possible. The said documents shail be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder ora lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties have a closed ail joint checking and savings accounts and have mutuaily agreed how the funds in the accounts shall be used. The parties have opened their own individual checking and savings accounts, to which each relinquish all right, title and interest in the other's accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. STOCKS The parties jointly own stock in BEAS. As a result of the significantly decreased vaiue in this investment, the parties have agreed to continue to hold this stock jointly, until the stock increases in vaiue sufficiently to warrant the sale of this stock. At such time as the parties agree to sell this stock, the parties have agreed to equally (50/50) divide not only the stock and its' value as of the date of the execution of this Agreement, but aiso any dividends, increases in 8 value, and/or losses which have occurred in this stock from the date of the execution of this Agreement through the time the parties agree to sell the stock. 5. RETIREMENT INTEREST Husband no longer has any pension or savings plans through his employer, Bethlehem Steel. Husband has transferred the remainder of any pension or savings plan into an IRA with Fidelity in his name alone, valued at approximately One Hundred Forty-Seven Thousand Dollars and no cents ($147,000.00). Husband has agreed within thirty (30) days of the date of the execution of this Agreement to fully cooperate with Wife in transferring the entire amount, approximately One Hundred Forty-Seven Thousand Dollars and no cents ($147,000.00), of this IRA into an IRA, in Wife's name alone, which the Wife has established for this purpose. When removing his pension and savings from Bethlehem Steel, Husband had approximately Nineteen Thousand Dollars and no cents ($19,000.00) of taxed dollars. Husband has temporarily placed these monies into a bank account in his name alone. Husband agrees within thirty (30) days of the date of the execution of this Agreement to give Wife Eleven Thousand Dollars and no cents ($11,000.00) from these monies. Wife has a defined benefit pension with the State of Pennsylvania through her employer, South Middleton School District. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's pension with the State of Permsylvania. Husband and Wife agree to execute all documents necessary to accomplish the transfer of funds from Husband to Wife as stated above. 5. MARITAL RESIDENCE / DMSION OF EQUITY Marital Residence/Value The parties have agreed Wife shall keep the marital residence. Wife has refinanced the marital residence removing Husband's name from the mortgage. During the refinancing of the marital residence a new deed was executed placing the marital residence into the name of Wife, alone. Wife agrees to be fully responsible for all loans, liens, mortgages, expenses, costs, insurance, mortgage payments, taxes, and any other expenses related to or connected with the marital residence. 6. JOINT DEBTS AND LIABILITIES The parties have one (1) remaining joint credit account, Husband has and continues to use this account, which is a General Motors Master Card. Husband has agreed to be fully responsible for all debt on this credit account. When able Husband shall have Wife's name removed from this credit account. 9 Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having rifle to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafi.er the party having title to or possession of a separate asset is the sole and exclusive owner thereof B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless fi.om any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereat~er own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. SUPPORT AND ALIMONY Husband agrees to pay to Wife monthly alimony payments in the amount of Eight Hundred Dollars and No Cents ($800.00) for Six ~(6) years or Seventy-two (72) months. Each payment shall be made to Wife no later than the 15 day of each month. 10 These monies shall not be taxable as income to Wife, but shall remain as income to Husband for tax purposes. Husband began these payments in March, 2003. These payments shall continue through March 28, 2009. These alimony payments to Wife shall terminate upon Wife's remarriage, cohabitation with an individual of the opposite sex or upon her demise. If the full amount of the alimony due under this Agreement has not been paid to Wife at the time of Husband's death, Wife shall be paid the remaining amount of alimony due under this Agreement by Husband's estate. The amount of alimony paid to Wife shall not be subject to revision, unless both parties mutually agree the amount and/or the terms of the payment of the alimony may be altered. If the parties agree to change the amount and/or terms of the payment of the alimony the new agreement reached between the parties shall be in writing and signed and notarized by both parties. 10. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES The parties agree each shall be fully responsible for their own individual counsel fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. WITNESS IN WITNESS W~EREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. KATHRYN A. WESTERMEIER HUSBAND 11 KATHRYN A. WESTERMEIER, PLAINTIFF VS. RICHARD J. WESTERMEIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-4287 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about S~ptember 30', 2002. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for aiimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any &them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand · · that the Court ma~ntmns a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE KATHRYN A. WESTERMEIER, PLAINTIFF VS. RICHARD J. WESTERMEIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4287 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF N TICE OF INTENTION T RE UEST ENTRY OF A DIVORCE DE REE ER SECTION 3301 OF DIVOR ODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. 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 al[er 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. Section 4904 relating to unsworn falsification to authorities. DATE KATHRYN 3. WESTERMEIER, PLAINTHZF VS. RICHARD J. WESTERMEIEIL DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4287 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE / / ~K/ATHRXffN A. WESTERMEIER KATHRYN A. WESTERMEIER, PLAINTIFF VSo RICHARD J. WESTERME1ER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4287 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about September 30t~, 2002. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final Decree in Divorce, at~er the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of maritai property, counsel fees or expenses has not been filed with the Court before the ent a final Decree in Divorce, the right to claim any of them will be lost. ry of 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I fin'ther understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statemems in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. bATE / / KATHRYN A. WESTERMEIER, PLAINTIFF VS. RICHARD J. WESTERMEIE1L DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4287 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Richard J. Westermeier, received a true copy of the Divorce Complaint via certified U.S. Mail, return receipt requested. Defendant signed the receipt for the certified mail on September 13, 2002. Said receipt for certified mail signed by the Defendant was filed with the Cumberland County Prothonotary on September 30, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: December 22, 2003 Defendant: December 22, 2003 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on December 22, 2003 by the Plaintiffand on December 22, 2003 by the Defendant, and that these documems are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other doeumems required by Rule 1920.42 are enclosed herewith. Dated: December 22, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. -'-'--'~ I(ay Can~ Counsel for Pl4in~ PA I.D. # 6499_~_ ' 5021 East Tfindl~ Suite 100 t 'quire ~ad Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~~~._ ~ PENNA. VERSUS N O. 02-4287 DECREE IN DIVORCE AND NOW, .,~ DECREED THAT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~-~.T IT IS ORDERED AND --, PLAINTIFF, --, DEFENDANT, THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET bEEN ENTERED; BY THE COURT: //