The URL can be used to link to this page

Home My WebLink About02-4524 PAUL M. WINER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 6:t - .lj~';}.f C,~:L~~ SUSAN C. WINER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE 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 jUdgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. 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, Pennsylvania 17013 (717) 249-3166 MEYERS. DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 PAUL M. WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. : SUSAN C. WINER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGrvER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 PAUL M. WINER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Qiu~l'-R C~ - ~f).'1 NO. : SUSAN C. WINER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Paul M. Winer, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Paul M. Winer, an adult individual who currently resides at 543 Harvest Lane, Mechanicsburg, Pennsylvania. 2. Defendant is Susan C. Winer, an adult individual who currently resides at 301 Chestnut Street, Apartment 1803, Harrisburg, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 27, 1993 in Bloomfield, Connecticut. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 7. The Defendant is not a member of the United States Army or its allies. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Paul M. Winer respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNT I EQUITABLE DISTRIBUTION 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 12. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. 4 MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 WHEREFORE, Plaintiff respectfully requests this Honorable tangible and intangible, acquired by the parties during their Court equitably distribute all property, both real and personal, marriage. Respectfully Laurie A. Sa z MEYERS, DESFOR, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 VERIFICATION I, Paul Winer , verify that the statements made in this Complaint in Divorce are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 9/18/02 1J1n1fh1~ Dated: (x Plaintiff Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 (:) ~ ~ 0 ,-:; ~'l ........ c: :..'...) ~~ - -,., ~ , " ! J - -- 5> c "- ..... Lv 3 If) JJ ~ C --, .~ ...0 ...) I , " c..,) ! ~ '-"l :--"! ~~ ~'J - :..0 -, -- -< J~ rp -' PAUL M. WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO,: 02 -4524 SUSAN C, WINER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ) I, B-Lj , 2002, a hereby certify that on certified copy of the Complaint in Divorce was personally served on the Defendan~~Wi8iand the same was received by %~ , 2002. her on Sworn to and sub~s~bed befo~e this c9ijr~day of ~H...u, 2002. f!.hv~X ~~ Notary Public NOTARiAL SEAL CHRISTINA L. KEIM, Notary Public Harrisburg, Dauphin County My CommisSion Expires May i, 2004 MEYERS, OESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 (") ~ "'Ocr.. (T1 n',' Z:x, Zr.: end::" ..;.r..::.:... ~C! ""0 ~o Pc ~, . C> N en rrJ " N c.fi ~ --I -r '-:i fJ1 :q9 :~j~? ;"- ::!J '-)Cl zrn o -~ ~ -< -0 :.n -.l PAUL M, WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 02 - 4 :i 2 4 SUSAN C. WINER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2002, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, 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. ~ 4904 relating to unsworn falsification to authorities. Date: / ;l./ ~O /O:;L ~~,~~. Paul M. Winer " MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 i' - ("') r:; s... ""Ol";(l ~93 zc (jj i::: -<L':'" !<.=- Ci ~O -0 >c:: ~ ';~ <::> r,) p f'T1 c-> N en o -n --..j l: in;;;! -,.."rn -h(? '=-iCJ ;3~ Om ~ -< -0 :3: N .. r- (D PAUL M. WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO,: 02 - 4 '524 SUSAN C. WINER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER i3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I 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 1S filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~ 4904 relating to unsworn falsification to authoriti~);) _ Datel)b,jf)~ ~#;. ~' . Paul M. Winer MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 2:36-2817 e ~ -OeD r1')[1:1 ~~!,-:J ~'):. ~< :;C.' ,<C ~Q ~C) >c: ~ o fv o Pi C") N 0"\ -:") :::t: o -n ,....{ ~ T-~ :D .1__ --::,rT1 -r::~? .~O ,-.i.-: ::1 ~2 ~') 6rT1 ..=..\ J:> ~ ~ r:- (P PAUL M, WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 02 -4524 SUSAN C, WINER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 4, I consent to the entry of a final decree of divorce without notice. 5. 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. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date \~\ '2-\ \ ()?- ~ tJA);:'- ~, Wlner MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 (") s; :s:~ -OCr' 111 fT Z:r:i ~~7' r,;: c:.: ~~C) ~O c: z =<! o N o P1 ("') W (~) '1'1 ~ .h-; :'~: (::J .' .~~ ~:~;.; TC.-.H 2 (:') (:) i'n ~! :1J -< :::;.~~, :::t: lD r..- ...J PAUL M, WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. : 02-~:524 SUSAN C. WINER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2002. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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. ~ 4904 relating to unsworn falsification to authorities. Date: 1,2.- L I ;z/ lCJ2.- !.. C \ d ~ ~ r ~ Winer- MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 2<16-2817 8 0 0 '" 'k<JI $: c;:, :1:1 CD ,.." tt'lrn CJ '11 2:::(" r=:= <5 t..J -'-'iTl C/j ,:"- 'jc:J ;SF: '~--J,t~;! s:: ....,J :C.. :.:\; :!..? ~c -,..-." .....::... :',c::() );;c ~'? csrn c: ;Z t:-- ~::;! ~ :D "-.oJ .....,: PAUL M. WINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 02 -4524 SUSAN C, WINER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMI~~ RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, te 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 the Complaint: Hand- delivered on September 24, 2002. 3, (Complete either paragraph (a) or (b).) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff December 20, 2002; by the defendant December 21, 2002, 4. Related claims pending: No other claims are pendinq. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d) (1) (i) of the Divorce Code. (b) Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: December 26, 2002. Date defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: December 31, 2002. tIl1 Attorney MEYERS, DESFOR, SALTZGIVERIlc BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 " HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 o c: s:. -Jcr: f11 rr -;? :::1; L\;. ~;i r:;: c- ~ 40 ""- ") =-(- .Y C..: -;;" ~ o N Q ,"Ii ,:;-') V) o n :t:;;t ::.r:. '1", P _.,In '~X~:), :,;t2~ ;o')\-r1 ~,::;:.J. :r.,';' ~ - - co 6~- tts~ 4 ~,~~\ PROPERTY THIS AGREEMENT made ~ this ~ day of SETTLEMENT AGREEMENT ~~ 2002 by and between Paul M. Winer (hereinafter referred to as "Husband") of Mechanicsburg, Cumberland County, Pennsylvania and Susan C. Winer (hereinafter referred to as "Wife") of Harrisburg, Dauphin County, Pennsylvania. WIT N E SSE T H WHEREAS, Husband and Wife were lawfully married on June 27, 1993 in Bloomfield, Connecticut; and WHEREAS, three children have been conceived of this marriage; namely, Zachary Winer, born on May 30, 1994, Rachel Winer, born on September 19, 1995 and Adam Winer born on September 15, 1997; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, 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 Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all nlaterial respects as to all' information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce. The parties agree to execute all necessary Affidavits of Consent and Waiver of Notice forms required by the court for the entry of a mutual consent divorce, after the 90 day waiting period has passed, which is on or about 2 December 23, 2002, On December 23, 2002, both Husband and Wife will file with the Court said Affidavits of Consent and Waiver of Notice forms and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2. FULL FORCE AND EFFECT: This AgreemEmt shall continue in full force and effect until such time as a final Decree in Divorce is entered. 3 . AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties herE!to is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 4. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, 3 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since the parties' separation, to wit, August 5, 2002, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the parties' separation, to wit, August 5, 2002, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7, DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties, Wife acknowledges that she had the opportunity to conduct discovery of Husband's assets, Husband acknowledges that he had the opportunity to conduct discovery of Wife's assets, The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct 4 investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8, RECONCILIATION: This Agreement will remain in full force and effect even if the parties reconcile or cohabit as Husband and Wife or attempt to reconcile. There shall be no modification or waiver of any of the terms hereof unless the parties execute a written statement declaring this Agreement or any term of this Agreement null and void, The purpose of this paragraph is to promote a reconciliation between the parties, to promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits, Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this Paragraph, freely, voluntarily and with full knowledge and understanding. 9. MUTUAL RELEASES: Subject to the provisions of this 5 Agreement, each party has released and 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 causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980, as amended in 1988 including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980, as amended in 1988, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 10, RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and 6 Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. 11. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Wi.ll of the other, This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto, 12. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties, There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 7 13, LEGAL ADVICE/VOLUNTARY EXECUTION: ThE= provisions of this Agreement and their legal effect have been fully explained to Husband by his legal counsel. Husband has employed and has had the benefit of counsel of Laurie A, Saltzgiver, Esquire, as his attorney, Wife has not retained an attorney to represent her in this action, however, Wife has been aware at all times during this action, of her right to seek legal advice and legal counsel. Husband acknowledges that he has received independent legal advice from counsel and he fully understands the facts and has been fully informed of his legal rights and obligations, Wife acknowledges her right to seek independent legal advice from counsel and to have legal counsel review the within agreement. Each party acknowledges and accepts that this Ag"reement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice, or with knowledge of the right to seek 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. Also, Husband acknowledges that he has been fully advised by his attorney of the current Pennsylvania Divorce Law, and Wife is aware of her right to do so, with this knowledge each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, 8 and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equi.table distribution of all marital property, counsel fees and costs and expenses, 14. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph, 15. EQUITABLE DISTRIBUTION: a. Retirement Plans, Pension Plans, Profit Sharinq Plans, IRA's: Husband shall keep any and all Retirement Plans, Pension Plans, Profit Sharing Plans and IRA's in his name alone, Said Retirement Plans, Pension Plans, Profit Sharing Plans and IRA's shall be Husband's sole and exclusive possession free and clear of any claim or demand by Wife. Wife shall keep any and all Retirement Plans, Pension Plans, Profit Sharing Plans and IRA's in her name alone. Said Retirement Plans, Pension Plans, Profit Sharing Plans and IRA's shall be Wife's sole and 9 exclusive possession free and clear of any claim or demand by Husband. b. Marital Residence: The marital residence located at 543 Harvest Lane, Mechanicsburg, PA shall be Husband's sole and exclusive possession, Husband shall be responsible for refinancing the mortgage and line of credit against said residence into his name alone. Wife agrees to execute any and all necessary documentation to assist Husband in the refinancing. Wife additionally agrees to execute a deed transferring the marital residence into Husband's name alone, Said residence shall be Husband's sole and exclusive possession free and clear of any claim or demand by Wife. c, Lake House 43 A-LA-WA-DA Way, Greentown, PA: The parties acknowledge that the Lake House has been sold and any and all proceeds of sale, after satisfaction of all mortgages and debts, shall be Husband's sole and exclusive possession, free and clear of any claim or demand by Wife. d. Time shares: The parties acknowledge that they presently have 4 time shares at the following locations. Williamsburg, Virginia; Myrtle Beach, South Carolina; Manhattan, New York; Destin, Florida. Said time shares and any related interests and debts thereon shall be Husband's sole and exclusive possession, free 10 and clear of any claim or demand by Wife. e. Lawsuit with GBl Capital: The parties acknowledge that Husband, individually and through his business interests, is presently engaged in the initial stages of a lawsuit against GBl Capital. Wife waives any and all right or claim she may have in said lawsuit. Wife shall not interfere in said lawsuit nor shall she make any claim in any regard thereto. Additionally, Wife shall not make any claim or statement, nor take any position or provide any testimony which is contrary to Husband's position in said GBl Capital litigation. f. Credit Card Debt: The parties acknowledge that they have credit card debt in the form of a Waypoint Credit Card #5490998051019769, a Chase Manhattan Credit Card #5183370180248689, and Citi Card #5424180190765427, Said credit cards are held in Husband's name alone. The parties acknowledge that the total balances on said credit cards are over $60,000.00. The parties acknowledge and agree that Husband shall be responsible for repayment of the debts and balances on said credit cards, g. Business Real Estate and Debt: The parties acknowledge that through Husband's business interests they own an office building located at 20 S. 36th Street, Camp Hill, PA. Said office building shall be Husband's sole and exclusive possession, free and clear of any claim 11 or demand by Wife. Wife agrees to execute a deed and any and all documentation necessary to transfer said office building into Husband's name alone, The parties acknowledge that FEI Company owns a warehouse building located at 1125 Berryhill Street, Harrisburg, PA. Wife waives any and all right or claim against said warehouse building. Said warehouse building shall remain the sole and exclusive possession of Husband and his various business interests. Additionally, Wife's name shall be removed from any and all mortgages against said buildings and from any and all other business mortgages, loans, lines of credit or debt whatsoever. Wife shall not be liable for any debts or liabilities of Husband's various business interests in Freight Express, Inc., FEI Logistics, and FEI Company. Husband indemnifies and holds Wife harmless against any and all business mortgages, loans, lines of credit or debt whatsoever. h. Note Receivable to Husband: The parties acknowledge that there is an outstanding note receivable to Husband from Freight Express, Inc. Said note receivable shall remain Husband's sole and exclusive possession, free and clear of any right or claim by Wife. i. Automobiles: Wife shall keep the Dodge Intrepid 2000 automobile as her sole and exclusive possession free of any claim or demand by Husband. 12 Husband shall keep the Dodqe Grand Caravan 2000 and Volvo 2000 automobiles as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. j. Jewelry: Wife shall keep as her sole and exclusive possession any and all jewelry presently in her possession. Said jewelry shall be Wife's sole and exclusive possession, free and clear of any claim or demand by Husband. 16, BUSINESS INTERESTS: Husband shall keep as his sole and exclusive possessions his business interests and any benefits and/or liabilities derived therefrom. Specifically, these business interests are any interests which Husband may have in Freight Express, Inc., FEI Logistics, FEI Company, Said business interests and related debt shall be Husband's sole and exclusive, possession and responsibility, free and clear of any' claim or demand by Wife. 17. ALIMONY: Husband shall make the following payments on Wife's behalf in lieu of alimony payments. These payments are as follows: a. Lien from Chrysler Corporation to purchase Wife's Dodge 13 Intrepid 2000, Husband shall make all monthly payments until the Intrepid is fully paid for, b, Husband shall maintain Wife's health insurance coverage, similar to the covera~Je which she currently has, for a period of two years from the execution of this Agreement. c. Husband shall pay the premiums on Wife's automobile insurance for a period of two YE~ars from the execution of this Agreement. d. Husband shall pay Wife's monthl)' cellular telephone bills for a period of two years- from the execution of this Agreement. Husband shall make the above- referenced payments for a period of two years in lieu of alimony payments to Wife. i. The parties agree that these above-referenced payments in lieu of alimony, with the exception of the Chrysler lien, shall terminate within two years of the execution of this agreement, absolving Husband's obligation to make said payments to Wife in lieu of alimony, Said payments, with the exception of the Chrysler lien, shall also terminate upon Wife's remarriage or cohabitation with a member of the opposite sex for a period of thirty (30) days or more, 14 18. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other, unless otherwise provided for in this Agreement, 19. BREACH: If either party breaches an}' provision of this Agreement, the other party shall havE: the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, 20 . ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 21, 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 15 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 sin1ilar nature. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 24. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed, 25, APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. 16 the day and IN WITNESS WHEREOF, the parties have hereunto set their Paul . Winer ~~W/ Susan C. Winer ~~' Witness 17 (') ~ ;f; Fe; -':';;;- .... IL~_'_ _'..'" L~'=" ~'t~'" ~~ :;:::.,..i'_, ,; j~ ~~.: ~ c:') o .'1'1 ::::J ) ,"') (...> ;T-1 (2 '~:} t. ; rTl ..t='~ '.:+:~" ~',.::.::~:, ':.::c(" '::.:.::~': )::+::.::' ".::.::{ :':'!>>::{ )::.::~~:: :::.::.::~;:: >~::.::( "::.::C;'::' ":.::.::~;,::.:.:;"-" ',.:.~;'" ",.:C;'" :':.~:;': "'.::c;.:' :'.::.~( _:.>>:".,: '.:.::;':"":( :::~::.::;':'::-~':;:.~f':'~::.::~~:::~~::.::~< :,,'!::.::.:~':,!:+::~',~ .:"~::.::~;," ",~~~~r:~~:c~~;:-r:~!;~" ~ - -~~ -~ i y ~ ~,,", ) ~.~ ) ~ ~.~ ~.~ ,.~ ~ * ~.~ ~ ~.~ ~ ;.,.< ~ ".~ ~ ~ ~..- ~.~ ~ ~.~ ~ ,"." ~ ~.~ ~ ~.~ ~~~ ~ ~.~ ~ ~.~ ~ ~ ~." ~.~ ~ ~.~ ~ * ~.~ * ~.~ ~ ~.s ~ ~.~ ~ IN THE COURT OF CO~"'MON PLEAS OF CUMBERLAND C:OUNTY ~ STATE OF PENNA. ~ ~ ~.S ~ ~~~ ~ ~ ',,' i ....4l! ,.~ ~ ~ ~.~ ~ ',.< ~ ~ ~.~ ~ ~ ~ i ~..- ~~; I ~.~ ~ ~ ~ i ~.~ ;,.;,; ~ I ~ ~ * ~.~ ~ ~.~ ~ ,,' ~ "'.~ ,~~ ~ ~ ~.41 ~..... ~ ~ '.' ~ !Atlest'd~tp'olhonota;~J' ; ~ ~ ~ . -. I ~ , ,~ ~~~)~ '~::;';:: '::.>>:.',. )>:+::;.. "'.>>;.0 <'.:.;." _:._:.:~' '...~ ~ '~-.:"'~:C{::.>>::;',:" '::.:.::.;:" -".:+::.0." ",.:.::.,: . .:+:-., ".:+::. ..'.:+;..::.;. .:+;.,,' .::+;. .~~;." ::.::+;.:: :'".:+:.:: ': .:+;.' .::+::.:: :::.::+::.,:" ).:+::."_ ".:.:. :'.:+::< ,_.::+;., :-'::+;.:' ,.~ ~ ~ ~.~ ,.~ ~\ * ~.~ ~ ....~ ;..; ~ .~!~ * ~.~ ~ ~.41 .- -- --:P ~,1,ll_ .1:1.., _ j~JI1~;r;. ___ -------,------..---- I II II II II No. ....O.~.7..4.~.:4.4. ................. 013-62-6249 Versus ......$p-.l?an .C_~___.W:i.Jl~X:__ 045-60-4514 . --- ---. -----._---- ------------- * "..- DECREE ~'N DIVORCE ~ /1..S'?A.,,4t. AND NOW, ......~...,(., )f1l.20.~, it is ordered and decreed that ..., .~?-~.l; .~~, ,~~1!~~, . . . , . . , , . . , . . . . . . . . . . . . . . . . " plaintiff, and., S.u,Eiq.:O. ,Co.. W.i.n~r" ...... ...,.. ....,......,............, defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . ~~~. ~F<?I?~~.tx. ~~.~~~~~~~t. !\q:r;~~~~I?-t. P:~t~9-. .qqt9.~~:r. .7". ,?P,O.~ ).l3. .11E1reby ~ t-IP:z ~ ~t< 0;, [",I ~ff;9r $. r ~.rp ['0, [./ . -... .. ' . .' ..... .( ~.... ~ '.. . ; ~)-...J'" '\ I "