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independently represented by counsel and chat WIFE, cogmlal1[ ot'her right to legal representation,
d.:clares that illS her express. volu,~tary JI1d knll\>:ng in(cntlllO no! tll av;ul her,elf \>ith respe.:t to the
preparalion and execulion of this Agreement WIFE further declares that she is exe.:uting this
Agreemenl IT<:e1y and voluntanly, having obtained su.:h klllmledge and disclosure of her legal right;
and obligallons and lhat she ackno\>ledges that this ,-\greement IS t,ur and equitable and IS ntH the
resull of any traud. coercion. duress. undue intluen.:e or .:ollusion
NOW. THEREFORE. in .:onsideralion of the premises and ot'the mutual promises. covenants
and undertakings hereinafter sel torth and tor olher good and valuable consideration. receipt of which
is hereby acknowledged by each ofche parties hereto. WIFE Jnd HUSBA1'-jD. each intending to be
legally bound. hereby covenant and agree as tallows
SECTION A. GE:'oIER..\1. PROVISIONS
A.l SEPAR\ TION: It shall be lawful tar each party at all times hereafter 10 live separate
and apart from the other party al such place as he or she may tram lime to time choose or deem til.
The taregoing provision shall not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living apart Each party shall be free from
interterence, authority. and contact by the Olher, as fully as if he or she were single and unmarried.
except as may be necessary to carry out the provisions of this Agreemem Neither party shall molest
the other nor altempl to endeavor to molesl the other, nor compel the other to cohabit with the other,
or in any way harass or malign the other. nor in any \vay imertcre with the peaceful existence.
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Separate and apart trom the other and each of the parties hereto completdy understands and agrees
rhat neither shall do nor say anything to rhe children of the panics at any rime "hlch nllght in anv vvay
intluence the children adversely against the other party
..\.2 :\III!Tl'..\L CONSE~T DIVORCE: The panics heretll acknovvledge that HliSB.-\:-;D
has tiled a Divorce Complaint ro Cumberland County :>iull1ber %-1 02J-CIVIL TER~I and rhe
parties hereto intend to secure a mutu.t1 consent. nu-tault dilUrce pursuam III rhe rerms of Section
3]0 I (cl of the Divorce Code of 1980 The parties agree nor to tinalile the said divorce until atter
January I. 1997. WlFE hereby expresses her agreement that the marriage is irretrievably broken and
expresses her intent to execute any and all atlidavits, waivers or other document:; necessary tor rhe
parties to obtain a divorce pursuam [0 Sectiun 3301 (c) of the Divorct: Codt: Tht: partit:s ht:reby
waive all rights to request Court.ordt:red counst:ling undt:r the Divorct: Codt: This Agreement shall
not, however. be contingent upon rhe granting of a divorce in rhis cast:.
A.3 EFFECT OF DIVORCE DECREE: The parties agrt:t: that unless otht:rwist:
specifically provided herein, this Agret:mt:nt shall continut: in full forct: and t:lft:ct attt:r such rime as
a tinal Decree in Divorce may be entered with respect to the parties,
A.4 DlSTRfBlJTION D,.\. TE: The transft:r of property, funds andlor documt:JIts providt:d
for herein. shall only take place on rhe "distribution datt:" which shall bt: delined as rhe date of
execurion of this Agreement unless otht:rwise specitied ht:rein. Howt:ver, tht: support and/or alimony
payments, if any, providt:d tor in this Agrt:emem shalltakt: t:tli:ct as st:t torth in rhis Agreement.
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A.5 EXECI'T10'l D \TF.: Tht: phrast: "dine uft:xecution" ur "executiun date" ufrhis
Agret:ment shall be detined as the date upon which the last party slgncd this Agrecmcnt
..\.6 MVTL\L RELEASE: HlSB..\:-;D and WIFE cach du hercby mutually remise,
rt:lease, quitclaim and torever discharge thc other and the t:statc of such other, tor all time to come,
and fur all purposes whatsoever, of and from any and all rights. title and intercsts, or claims in ur
against the propt:rty (including income and gain trum property hcreatier accruing) of the other and
against tht: estate of such other, of whatcvcr nature and wheresoever situate, which he or she now
has or at any time hereafter may have against such other. the t:state of such other or any part thereot:
whether arising out of any tormer acts. comracts, engagemems or liabilities of such other or by way
of dower or curtsey, or claims in rhe nature of dower ur courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the imestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamemary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate. whether arising under the
laws of (a) Pennsylvania. (b) any State, commonwealth. or territory of the United States, or (c) any
other country. or any rights which either party may have or at any time hereinatter have tor past.
present, or future support or maintenance, alimony, alimony pendenre lite. counsel tees, costs or
expenses. whether arising as a result of the marital relation or otherwise, except. and only except, all
rights and agreements and obligations of whatsot:ver nature arising or which may arise under this
Agreemem or tor the breach of any tht:reof It is tht: intention ofHUSBA,'iD and WIFE to give to
each other by the execution of this Agreemem a full, complete, and gt:neral release with respect ro
any and all propt:rty of any kind or nature, real. personal or mixed, which rhe other now owns or may
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her~atit:r acquire. except and only t:xct:pt all rights and agrcements and ubligations uf whatsoever
narure arising or which may arbt: under this ,-\gr~ement ur tor the breach of any th.:reof
..\.7 WARRANTY ,-\S TO EXI5T1~r. OnI.lG..\TIONS: During the cuurse of the
marriage, WIFE and HUS8AND hav.: incurred certain liabiliti~s and it is hcrei)y agrt:ed, without the
necessity of ascertaining tor what purpos.: and to whose use ~ach of the bills was incurred. rhat of the
liabilities which w~re incurred priur tu the dat~ uf tile execution of this Agret:mcnt. \VIFE and
HUSBAND each covenants, represents, warrants and agrees that, t:xcept as may bc othcrwise
sp~citically provid.:d tor by the terms of this Agreemcnt, as of the date of execution of this
Agreement, no unpaid liabilitit:s remain which were incurred by him or her or on his or h.:r behalf tor
which rhe other party may be deem.:d liable. and, if any such debts or obligations should be
detenmined to have existed as of the date of execution of rhis Agreement. except as set forth below,
the party who incurred that debt shall indemnitY and hold the other party harmless Irom and against
any loss or liability and costs or expense, including attorney's tees. incurred as a result of those
liabilities.
HUSBAi"ID shall assume sole responsibility for the repayment of rhe following d~bts:
Visa Account number 4638-4125-00 I 1-6875 having a balance of approximately $4625;
Master Card Accl. # 5465-9885-1400-2107 having a balance of approximately 55200;
American Express AccI#3728-839236-41012 having a balance of approximately $3950;
HUSBAi"ID'S student loan AccI#191-48-2339 having a balanc.: of approximately $3800.
The abov.: balances are as of April 15, 1996
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In the evelll that WIFE or HlSB..\:-;D does nut pay when due any such bills. ubligations ur
debts, the othcr party shall have the right, but not the obligation to pay such bills, obligations or dcbt:-
If one party pays such bills. obligations lJr debts which the uther pany is obligatt:d to pay pursuant
co this paragraph after giving the detaulting pany the davs vHittcn nutice, rh.: party making thc
paymelll shall be clllitled to receive reimbursement trom tht: uthcr party not only tor payments made,
but also tor any related costs, including attorncys' tees
A.8 W .\RRA~TY ,.\S TO Fl'TrRE OBLlG,HIO~S: WIFE and HVSB..\.\jD each
covenant, represelll. warrants and agree thar. except as may be otht:rwise spt:citically provided tor
by the terms of this Agreement. neither of them shall hereafter incur any liability whatsoever tor which
the orher nor rhe estate of the otht:r may be liable and each now and at all times hereaftt:r shall
indemnitY and hold the other party harmless tram and against any such liabilities, costs or expenses.
including attorneys' fees. relating thcreto incurrt:d by the other party after the date of the execution
of this Agreement.
A.9 DISCLOSURE: HVSB,.\.\jD and WIFE each represent and warrant ro the other that
he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever
in which such party has an interest, the sources and amoulll of the income of such party or every rype
whatsoever and of all other tacrs relating to ,he subjt:ct matter of this Agreement
A.IO E~TrRE AGREDIDT CO~DITIO~AL I'PON EVENTS: HUSBAND and
WIFE anticipate the tollowing life changes to occur within tht: next 12 months
(a) The partl~) ,u1ticlpa[~ that drecrlv~ \larch ] I. I'J'Jr), HLSB,\.'.o will be
leaving empluymcm at PHICO Insurance Cumpany
(b) The parties anticipate that dri.:ctive Apnl I. 1990. HLSBA:'iO will
commence employmcnt with the \ledical Intcr-Insurance Exchange (\III.'() ,It .1 salary
of no less than '5110,000 per year and HLSB,\:>iD will bc cuntmul1usly empluyed
(c) The parties anticipate that HlSB,\:-;O will be receiVing a severance
packagt: from PHICO \vhich will rt:sult in his r~ceiving full pay and b~ndits through
January 15, 1997
All tinancial agret:ments including spousal support, alimony, child suppurt and ~quitable
distribution and allocation of debts are specitically contingt:nt upon the happening of the above
events. Further. all child custody provisions are specitically contingent upon HU5BA.'iD relocating
to the Indianapolis area in January of 1997 and upon WIFE remaining in the Harrisburg area.
SECTION B. Cl'STODY
This Agreement represents FATHER'S and MOTHER'S bt:st efforts in thinking about how
their relationship with KASEY and \IcKENZLE thereinafter "CHILORE;\I"), will work in the futurt:
FATHER and MOTHER believe thcir CHILDRE;\I need to have two part:nts whu love and are
involved with them. It is tht:ir intemiun to support each other's r~lationship to their CHILDREN and
share parental duties and r~sponslbilitit:s as outlined beluw
B.1 Cl:.5I!1ll.t ,\RR.\ '{LE..~: F \ rHER and ,\I<HHER shall ha~e ,hared legal and
shared phys"al .;ustlldy llf rhe CHILDRE" \10 rHER "ill hav~ primary physical custlJdy llf the
CHILDRE:>< F.-\THER will ha~e ph\SlcaJ ..:ustodv 'lr'the CHILDRE:-i at such times as tht: parties
may agree upun
Each parent shall be responsible tor the daHll-Jav declSluns v..hen the CHILDRE:-i arc in that
parent's home :><either parent has tht: right Ell make a unilater;ll decisillll un educatiun nor medical
treatment (other than wellcarc or cmergencv .;ar~l These "ill be discussed jointly bt:lore Jeclsiuns
are made
Each parent agrees tll keep the other apprist:d of any and all matters related ro the
CHILDRE:-i'S health, education, and activities Buth further agr~e that each shall have equal access
ro all information concerning tht: CHILDRE:'oi
B.2 Ml'TU,.\L COOPER" TIO!\': \laTHER and FATHER wish \0 be tlexible in their
arrangements tor custody and have agreed that birthdays. holidays and Christmas vacation will bt:
shared between them in a manner which shall be consistent with the bt:st interests and welfare of the
CHILDRE:-i
B.3 Cl"STODY ARR\NGDIE.';r rpo, f\THER'S RELOC..\.T10'l: Tht: panies
agreed to meet regularly to discuss custudy arrangements lor when F.-\ THER relucates to
Indianapolis The parties agree that F.\ TfIER ,Ilall cllntinue to have liberal ac.;ess to the
CHILDRE:>i and that he may ha'c .;ustody ut"the CHILDRE:-i "ith ten days nutice to :-'IOHlER
In tht: event they arc unablt: to reach a mutual understanding as to thc custody of the children by
Octobt:r I, 1996, the parties shall t:ngagt: rhe ,crvi.:es of a mediator and attcmpt to mediate a
resolution ofthll custody issues priur to tiling a petlllun with the court
SECTION C. CFlILO SLPPORT AND SPOl'S,.\L SUPPORT
c.t CHIL.O SUPPORT ..\'10 spors,.\[. SrpPORf: MOTHER and FATHER each
acknu"ledge thllir ubligation and ability to contributt: to tht: support of their minor CHILDREN
The parties agret: that commencing March 15, 1996, and continuing through January IS, 1997,
HUSBAND will pay to WIFE the entire net salary he receives from PHICO Insurance on a biweekly
basis. It is anticipated that this amount will be approximately $2,700 35 bi-monthly. Commencing
January IS, 1997, FATHER will pay child support in the amount of $2,000 per month paid bi-
monthly Said support shall continue until rhe CHILDREN are emancipatt:d pursuant to
Pennsylvania law The parties agree rhar in the future, F.-\ THER'S net income shall be calculatt:d
atter deducting tor the cost of the savings bonds required in paragraph C 4 hereof
C.2 OA VCARE COSTS: In compliance "ith Pennsylvania law, both parties agret: to share
equally the cost of reasonable daycare tor their minor CHILDREN Daycare costs pursuant to this
paragraph shall be those costs incurred by MOTHER to enable her to work or attend school in
pursuit of a vocation
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SKTIO'l E. mUL\BI.E DlliIRIBI'TIO,," OF' PROPERTY
E.' CIDSIDf.R.\TIO'iS fOR f.Ql'IT\BLf. DISTRIBl'TIO'i Thc parties havt:
attempted tu distnbute thcir marital property in a mann~r "hlch .:ontorms tu tht: criteria sct torth in
Chapter 35 of the Pennsylvania Divorce Code, and taklllg into account the tullowing considerations
the length of the marriage. the tact that it is rhe WlFE'S second marriage and the HCSBA:-iD'S tirsr
marriage. the age, ht:alth. statiun. amount and suurc~s of incomt:. vocational skills. employability,
estate, liabilities and needs of each of the parties. the contribution of each party to the education,
training or increased earning power of the otht:r party, the opportunity of each party tor future
acquisitions of capital assets and income, the sources ofincomt: of both parties, including but not
limited to medical, retirement. insurance or other benelits; the contribution or dissipation of each
party in the acquisition. preservation, depreciation or appreciation of the marital property. including
the conrribution of t:ach spouse as a homemaker; the value of the property set apart to each party;
the standard ofliving of the parties esrablished during the marriage, and the economic circumstances
of each party at rhe time the division of property is to bt:come effective
The diviSIOn of existing marital property is not intcnded by the parties ro constitute in any way
a sale or exchange of assets. and thc division is bt:ing etfected without the introduction of outside
funds or other propt:rty not cunstituting marital property The division of property under this
Agreement shall be in full satistaction of all marital rights of the parties
E.2 DlVISIO,'I OF PERSO'l,\L PROPERTY: The parties have dividcd bctween thcm,
co thcir mutual satistactiun, the personal elfects, househuld furniture and furnishings. vehiclcs. and
all other articles of personal property which have ht:rccotore been used by them in common. and
ncitht:r party will make any claim to any such items vv hich arc not in the posscssiun nor under the
control of rhc other Should it become necessary, the partit:s each agrce tu sign any titles or
ducuments necessary co give eft'cct to this paragraph upon request The abmt: division of property
shall include any insurance policies covcring that property and escrow accounts rclaring to that
propt:rty
E.3 D"'lSION OF REAL PROPERTY: The real estate owned by the parties as tcnants
by the entireties situated at 21 Sycamore Drive, Mechanicsburg, Cumberland County, Pcnnsylvania.
shalllorthwith be placed with a reputable real estate broker st:rving rhe general area of this location
for sale at a tigure ro bt: agreed upon by the parties, which tigure shall be set lorth in thc listing
contract with said real estate lirm or broker. Borh parties arc to do everything necessary to execute
all documents required for rhc sale of the said real estate.
In the event the partics cannor agree on a listing ligure, rhe parties shall have the right to
secure an appraisal of the premises and the listing tigure shall be the average'tigure of the appraisals
of both parties.
Upon settlt:ment of the said real estate, the nct proceeds thcreot: alter payment of rhe costs
and sale and after payment of the balance due on the mortgagt: shall bc divided equally bt:tween the
parties
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HL'SBA:-iD furthcr agrec~ to allow WIFE tll have thc cxclusi..c use and posscssiun of the
hurnt: from The date hereof umil such time as final st:trlcmcrH of thc salc llf thc humc is a~cumplishcd
WIFE Jgrees to continuc to pav thc mortgage, taxes and IIIsuran~c ~osts and utili tics rclated to the
hume in c,xchange tor \..hich HL'SB..\:-iO wai..es any rights he may have to collect rent frtlm WIFE
WIFE will indemnitY and huld HlSB.-\.'\O harmless tor any expense hc may incur as a result of her
nunpayment uf the said mortgage, taxes and insurance
EA Al'TOMOnILES HUSBA:-iD is currently Icasing a 1995 :\Iazdil Millennia The
parties arc joint lessces on a 1994 Olds Silhouette which is primarily driven by WIFE
WIFE relinquishcs any right to the 1995 Mazda Millennia and HUSBA.ND relinquishes any
right to tht: 1994 Olds Silhouette and each agrees to indcmnitY the othcr against any liability eithcr
may incur on the outstanding leases on the other's vt:hide
E.5 SA VINGS ACCOI'NTS The parties agrct: th,j[ any munies held in the joint P:"iC
savings account will bt: thc propt:rty of WIFE HL'SB"\:-iD agrces to waive any intt:rest he may have
in the said account.
E.6 PENSION HL'SBA:'-iO IS a participant in a 40 I K and pcnsion plan with PHICO
Insuranct: Company Thc parties agree that at the end of the se\eran~e periud \vith PHICO, January
I;, 1997, the 40 I K plan and the pensiun plan will be dividcd equally between thc twu parties
HL'SB..\.\iD shall b~ responsiblc tor generating the appropriate do~uments tu elfc~t this distribution
uther :c':!aJ r~mediei JS m./:, be .l'dllabk Jnd th~ JetJuJrrn~ parT v ;h,lll P,l'i the reasonablc lc~al fee.,
tor Jnv .;er;I~C' rendered bv the nun-det;luitlll'5 party'; ,mum"v ;II all', J~thlll <Jr proceodln'5 ttJ cump.:1
pertiJrmance h~reundcr
H.2 ..\DDITIO....\l...D.QCl"IEYfS: EJ~h polrtv shall. ,II anv lime and tr.lm time to tllnc
hereafter. take any and all ,teps and e.xecute, acknowledge Jnd Jeliver t<J the uther parTy any and all
further instruments and/ur dO~lJments that the uthcr parTV mav reaiullably reqUire tor the purpose uf
glvmg fulltorce and effect tu the provlSluns of thiS ,\greement
H.3 E'lTIRE ..\GREE~~: TillS Agreementconstitutt:s the entire undcrstanding ufthe
parties and supersedes any and all priur ilgreements and ne~ullations between tht:m There art: nu
urher reprt:sentations. terms. covenants. conditions, agreements or warranties. express ur Implit:d, orill
or written of any nature whatsoever, other than those expressly sct torth ho:lrein
fI.4 M:lREE.\fE'lT BI:'iDL"lG ON HEIRS: The terms. provisiuns and conditions ot"this
Agreement shall be binding upon any and all of the heirs, executor, administraturs. successors or
assigns of either of the respectiVe panies ht:reto. e,xcept as utherwise herein provided
fI.S MODIFIC\ TIO,'I ..\., D n ,\lYE R: A modiricatiun ur waiver uf any of the provisions
of this Agrt:ement shall bt: etlective onlv ifmadc in wnting and executed With the ,ilmc tormality as
tlus A,p'ccment Tho:lt;u!ure ot" either party to insl>t upon stnct pertiJrmance of any of the provisions
of this Agreement shall nut be construt:d as a walver ut" Jnv ,ubscquent ddault of the same or similar
nature
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C1.ECKNER AHD FEAREN
ATTORN&Ya AT LAW
al NO"TH~d.."J) aTIlI&'"
,.. o. 110" 11M'
HARRIS8URG PENNSYLVANIA .7.0lI0....'
^'
WILLIAM J. McDONOUGH,
Plaintiff
IN THE COURT OF COMMON PLEA~
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 96-1023-CIVIL TERM
DONNA A. McDONOUGH,
Defendant
IN CUSTODY
AFFIDAVIT OF SERVICE
I, JENNIFER L. LEHMAN, ESQUIRE, do hereby certify that a true
and correct copy of a Complaint in Divorce dated February 22, 1996,
was served upon the Defendant, DONNA A. McDONOUGH, by certified
mail, return receipt requested, on the 1st day of March, 1996. The
original signed return receipt, number P 492 632 147, is attached
hereto and made a part hereof.
Respectfully submitted,
CLEClCNER AND FEAREN
By: ' 1(" .1J.J/t )
J IFE L. LEHMAN, ESQUIRE
Supreme Court I.D. #52784
31 North Second Street
Harrisburg, PA 17101
(717) 238-1731
Da te : Hili lL. .;, I ;.'i'I ~