Loading...
HomeMy WebLinkAbout96-03607 , - . \ " ~ ~ ~ '" ~ ~ ."-''''\ I , . .' "",...,,~..- /' i, , ( .... ~ .. .~ ... (:J " ~ .~I ~. Q'- ,-I ~I I r:\v.jl,~I\IW~V.II,\J\"l'I""lIlhll1,11n IIle II .~J 11-%.11' attend and graduate from college or cornplete other post-secondary education or training. The parties agree that both may participate with their children In the choice of a college or other post- secondary education or training. The parties will see t'J It that each child applies for all of the grants, scholarships, or other financial aid for which he or she Is eligible at the school hG or she wishes to attend. It Is the parties' Intention that this requirement be a reasonable one, not one which will overly burden a child. The parties will pay the balance of the cost of tuition, room and board In proportion that each gross annual Income Is to their combined gross annual Incornes, Gross annual Income will be 011 Income from any source except child support In the calendar year preceding each school year In which a child attends college, The parties recognize that It may be necessary, because of the expense of a school selected, for a child to Incur an obligation for a student loan. That decision, and the arnount of the obligation, shall reduce the amount of tuition, room and board for the purposes of educational support only If the parties and the child agree that a loan Is necessary and, further, agree on the arnount the child should borrow. The parties' obligation for roorn and board In the context of educational support shall not exceed the room and board charge that the child would incur if the child lived on campus. The parties' obligation for the educational support of each child shall continue for four years of post-secondary education so long as each child maintain full-tlrna enrollrnent and a grade point average of at least 2.0 on a 4 point scale. In order to Insure that adequate resources are available for the children's education, the parties agree that the transfer of $100,000,00 from HUSBAND's 401-K Plan to WIFE pursuant .\ ('\~r,~I\llr~\l,llId\u'lllIrlllhl/1,lill nle" ~117.%.1l1 to a Qualified Domestic Aelatlons Order shall be accomplished In the following rnanner: The transfer shall be made frorn HUSBAND's 401.K Plan to Orrstown Bank or another Institution of WIFE's choosing, provl:led that such Institution has the ability to deposit a portion of the rollover Into an IRA Certificate of Deposit, and to note on Its records the assignment of an IRA Certificate of Deposit. WIFE shall depoGlt the rollover Into at least one IRA Certificate of Deposit In the amount of $60,000.00. WIFE shall execute and advise the Institution of an assignment of her Interest In the $60,000.00 Certificate of Deposit and shall deliver to HUSBAND's attorney said Certificate of Deposit as soon as It Is Issued. Every year, or at such times as the Certificate of Deposit comes due, HUSBAND will release from t~le assignment an amount equal to the obligation for educational support which WIFE has paid in the preceding year. The parties anticipate that such release will coincide In time with the maturation of the IRA certificate of deposit held as security and that a new IRA certificate of deposit shall be Issued for the balance of the secured obligation after tile released amount is deducted. HUSBAND's attorney shall continue to hold the II IAA certificate of deposit as aforesaid and shall continue as the assignee of the IRA certificate of I deposit in the record of the financial Institution Issuing it. However, WIFE may dispose of the Interest on the Certificate of Deposit as she sees fit. In the event that WIFE elects to liquidate any portion of the 401.K rollover, the tax consequences for such liquidation will be exclusively WIFE's. It is the intention of the parties that HUSBAND maintain a security Interest In so rnuch of tha 401.K Plan rollover as Is necessary to Insure WIFE's perforrnance of her obligation for educational support. If In the future, HUSBAND believes it Is necessary to Invade the WIFE's IRA " .....A t l':\\I,II~I\m~\I,IlI\J\"I,'Jl.lrllllllll-'U1 llIe" ,~117.'1t1.t)1 Certificate of Deposit, because WIFE has not paid an obligation undertaken herein, he will petition the Court of Common Pleas of Cumberland County to permit such an Invasion alter giving notice to WIFE and her counsel as provided by law. The Court would decide what, If any, portion of the IRA Certificate of Deposit could be Invaded to satisfy WIFE's obligation and the amounts of the withdrawal. HUSBAND and WIFE agree that the obligation for education support Is not dischargeable, and that, In the event either seeks relief under the Bankruptcy Code, he or she will be bound by the provisions of this Agreernent as to educational support. Each party will make Wills establishing Trusts for their children and devising to those Trusts, all of his or her estate and directing the Trustee to use the Trust principal and interest for the maintenance, education and support of the children as deerned appropriate In the sole discretion of the Trustee except that the contribution for education shall be specified as set out In Paragraph 7 above. Each will nama Dr. James Prescott as the Trustee, and within 30 days of this Agreement each will provide the other with a copy of the Trust provision of his or her Will. In the event Dr, Prescott was unable to serve as Trustee, the parties may designate an alternative Trustee of his or her choosing, B. Modification: No rnodification, rescission, or amendrnent of this agreement shall be effective unless in writing signed by each of the parties hereto. 9. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. l\\l,p'l\nrkwauJ\lIcplItutllln,IUI IIlc' .~II7"JrI.HI 10. Agreement Binding on Parties end Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, /egal representatives, assigns and successors In any Interest of the parties. 11. Agreement Not to be Merged: This agreement shall be Incorporated Into the flna/ decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies In law or in equity under this agreement as an Independent contract. Such rernedles in law or equity are specifically not waived or released. 12. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to corne, and for all purposes whatsoever, of and frorn any and all rights, titles, Interests or claims in or against the property (Including Income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of SLlch other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows' or widowers' rights, family exernptlon or slrnllar allowance, or under the Intestate laws, or the right H LISA PRESCOTT WARD, I IN 'fHE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I NO. 96-3607 CIVIL TERM I RICHARD C. WARD, I CIVIL AC'l'ION - LAW Defendant I PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY I Transmit the record, together with the following information, to the Court for entry of a divorce decree! 1. Ground for Divorce I Irretrievable breakdown under Section (x)330l(c) ()3301(d) (1) of the Divorce Code. (Che.::k applicable section. ) 2. Date and manner of service of the Complaint I July 2, 19~1 first class mail, return receipt requested - reatricted delivery. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Codel By Plaintiff! March 14, 19971 by Defendant! March 14, 1997. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 330l(d) of the Divorce Codel (2) Date of service of the Plaintiff's affidavit upon the Defendant I 1 -' 4. Related claims pending! Provisions of Marital Settlement Agreement as attached to final divorce decree. LISA PRESCOTT WARD, I IN THE COUR'r OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I v I CIVIL DIVISION - LhW I RICHARD C. WARD, I NO. e}t.. 'J~( I? CIVIL 1996 Defendant I I IN DIVORCE BOTIC! TO DEFEND AND CLAIN-RIGHTS You have been eued in Court. If you wish to defend against the claims eet. forth in the following pages, you must take prompt action. You are warned that if you fail to do BO, the caee may proceed without you and a decree of divorce or annulment may be entered againBt you by the Court. A judgment may also be entered againBt you for any other claim or relief requeBted in theee papers by the Plaintiff. You may lOBe money or property or other rights important to you, including cuetody or viSitation of your children. When the grounde for di.vorce is indignities or irretrievable breakdown of the marriage, you may requeBt marriage couneeling. A liet of man:iage counsel ore is available in the Prothonotary' fl Office at the Cumberland County Courthouse, Carlisle, PennBylvania. 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 ~HIS 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONEr 717 - 240-6200 Wltd.dlv LISA PRESCOTT WARD, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I RICHARD C. WARD, I NO.?~' J("CI'/ CIVIL 1996 Defendant I I IN DIVORCE COHPLAIN~ AND NOW, oomes the Plaintiff, Lisa Presoott Ward, by her attorneys, Broujos, Gilroy & Houston, P.c., who respectfully represents as followSI 1 The Plaintiff is Lisa Prescott Ward, an adult individual, who currently resides at 828 Nesbit Drive, Carlisle, Cumberland County, Pennsylvania. 2 The Defendant is Richard C. Ward, an adult individual who currently resides at 828 Nesbit Drive, Carlisle, Cumberland County, Pennsylvania. 3 The Plaintiff and Defendant both have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4 The parties were married on July 13, 1974, in Carlisle, Cumberland County, Pennsylvania. ',. ;iV/ 11' 1"" .Jr' - . ,. ~ IJJ' .. ,,') .-! , "~ /'.. [/' I 0 -,..J ~ c.) l ~ -~ ~ I' ';.l <.t.> ~ (" q) ~ ,1'1 , I.', I ~ [,;1' , c::t ~ I I;.,) ~ 'I ". ". ~ <.j l':', -e,... llJ ~ . .' . LISA PRBSCO'fT WARD, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I v I NO. 96-3607 CIVIL TBRM I RICHARD C. WARD, I CIVIL ACTION - LAW Defendant I AFFIDAVIT OF SERV~ I, Christopher C. Houston, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Richard C. Ward, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidenqing delivery being attached Said service on July 2, 1996. Chris top ouston, Esqu re Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717 - 241-5970 Sworn and subscribed to 'l II IJ., before me this ~7 day of flfrl ( , 1997. ~_:J~ . .../ ~ Notary Publ -- 11-.,. ..... -'_ ~.... - I -ee.,.'A ... - . '1 ..............,.. 6 Husband shall maintain health insuranoe for Wife and shall oontinue to maintain Wife as the beneficiary of all death benefits on his insuranoe polioies and retirement/pension benefits. 7 Husband shall have exolusive possession of the marital residenoe looated at 828 Nesbit Drive, Carlisle, Cumberland County, Pennsylvania. Wife shall be permitted to have access to the afore~aid marital residence at such times as are agreeable to the Hueband. 8 Husband agrees to pay interim support to Wife in the amount of $500 per month for the months of July and August with an understanding by and between the parties that wife shall be filing a Petition for Spousal Support through the Cumberland County Domestic Relations Offioe for purposes of calculating the monthly support obligation of Husband for the period commencing September 1, 1996, and thereafter. The payment to Wife for July shall be made as of the date of the execution of this Stipulation. Husband will not assert a defense to a Petition for Spousal Support except Wife's )Vability to support herself through appropriate employment. 9 Husband shall pay to Wife the sum of $1,000 BS of the ddte of the exeoution of this Agreement, with said payment to be deemed a .~ 'll)! ~ .,. ~ I:"- .~. l-'I .1 I; I .. .f. ,,(' . . , . I': i d I ' ,--, , , l.), ,.. , I I. [,i , .j . II =-1 :" F" 1I. 0 '1.1. I II. .r u ,.. Partioipant in equal shares, per stirpesl or if none Aurvive, then to the estate of the Alternate Payee. 11 The death of the Participant prior to the death of the Alternate Payee shall not alter the Alternate Payee's rights hereunder to receive payment of amounts as set forth in Paragraph 7 hereof. 12 The Alternate Payee shall be solely responsible for, and bear the burden of, all federal income taxes, penalties and interest payable with respect to actions undertaken pursuant to this Order. 13 A oopy of this Order shall be mailed promptly (Return Receipt Requested) to the Plan Administrator. If this Order has been predetermined by the PlBn Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such determination. During the period during which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by Section 4l4(p)(7) of the Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines thBt this Ordllr ls not a Qualified Domestio Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of such determination and the reason therefore. l4 This is a Property Distribution Order made under the Divoroe and Equitable Distribution statutes of the Commonwealth of Pennsylvania and, in accordance with the provisions of suoh statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 15 Nothing herein contained shall in any way require the Plan to provide any form, type or amount of benefit not otherwise available by law. 16 There are no previously determined Qualified Domestio Relations Orders which pertain to the payment of any of the Plan Participant's accrued benefits to any other Alternate Payee. 17 This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and in the Agreement. B The amount set forth in Paragraph 7, as payable from the Plan, shall be distributed to the Alternate Payee as soon as practioable after the effective date of the Order which shall be the date the Plan Adminietrator has determined pursuant to Paragraph 13 hereof that this Order is a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(31 of the Employee Retirement Income Security Act ("ERISA") or, if such Plan Administrator has predetermined that this Order constitutes a Qualified Domestic Relatione Order, then immediately after entry of this Order. 9 The Alternate Payee shall keep the Plan Administrator of the Plan informed of her current address. Notice of any change of address shall be made in writing to the Plan Administrator addressed as follows I Carlisle Companies Incorporated 250 South Clinton Street, Suite 201 Syracuse, NY 13202-1258 Attention I DBwn Lapointe 10 In the event the Alternate Payee dies, any amounts not yet distributed from the Plan shall be paid to the children (whether or not surviving) of the marriage of the Alternate Payee and the Partioipant in equal shares, per stirpesl or if none survive, then to the estate of the Alternate Payee. 11 The death of the Participant prior to the death of the Alternate Payee shall not alter the Alternate Payee's rights hereunder to reoeive payment of amounts as set forth in Paragraph 7 hereof.. 12 The Alternate Payee ehall be solely responsible for, and bear the burden of, all federal income taxes, penalties and interest payable with respect to aotions undertaken pursuant to this Or.der. 13 A oopy of this Order shall be mailed promptly (Return Receipt Requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, then the Plar Administrator shall promptly carry out its provisions. If thiu Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonabl.e time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of Buch determination. During the period during which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by Section 414(p) (7) of the Code and Section 206(d)(3)(H) of ERISA. ., . If the Plan Administrator determines that this Order is not Il Qualified Domestio Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of suoh determination and the reason therefore. 14 This is a Property Distribution Order made under the Divorce and Equitable Distribution statutes of the Commonwealth of Pennsylvania and, in accordance with the provisions of such statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 15 Nothing herein contained shall in any way require the Plan to provide any form, type or amount of benefit not otherwise available by law. 16 There are no previously determined Qualified Domestic Relations Orders which pertain to the payment of any of the Plan Participant's accrued benefits to any other Alternate Payee. 17 This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the partiee as provided in this Order and in the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above written. f:'~\'p.'I\n,,"w'N\Up'r1lllJn.nn IlIt" 51 I 7.YI).{) I LISA PRESCOTT WARD, Plalnllff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. CIVIL DIVISION. LAW NO. 96.3607 CIVIL TERM RICHARD C. WARD, Defendant IN DIVORCE EEMfNI THIS Agreement made this jL/M day of 11.1 ,'fir ( (, , 1997 by and between LISA PRESCOTT WARD, of P. O. Box 1157, Carlisle, Pennsylvania 17013, hereinafter referred to as WIFE, and RICHARD C. WARD, of 828 Nesbit Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been Joined In marriage on July 13. 1974, In Carlisle, Cumberland County, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed In the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 96-3607, Civil Term; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective , II !I financial and property rights and obligations as between each other, Including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. !! <'I"l"llriIMnfl"JIlInllnnnn, fil,' .1117-91>"11 WHEREAS, the parties are parents of three children In whose lives t~e parties agree WIFE shall continue Involvement. NOW, THEREFORE, In consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agree as follows: 1. Advice ot Counsel: The parties horeto acl<nowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. I-lUSBAND is represented by Carol J. Lindsay, Esquire, and WIFE Is represented by Christopher C. Houston, Esquire. Each party acknowledges and accepts that this agreement Is, In the circumstances, fair and equitable, and that it Is being entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, 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 Improper or Illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree In Divorce. The parties will execute, on the date of this agreement, Affidavits of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree In Divorce together with Waivers of Notice. Said Affidavits and Notices will be Immediately tiled with the Court, but neither party shall tile a Praecipe to Transmit the Record LJntll on or after May 15, 1997. I I .1 c\wp.51\f1ckwIJ\J\""lrClllontln file' _~117.1'1)~11 3. Personsl Property: The parties acknowledge that they have equitably and satlslactorlly divided all 01 their personal property, except those Items which appear on an exhibit attached hereto and marked Exhibit "A". Within ten days 01 the date 01 this Agreement, HUSBAND willtransler to WIFE the Items set out on Exhibit "A". HUSBAND will retain his pension with Carlisle 5yntec, his pension throlJgh 5t, John's Church, the Carlisle 5yntec stock, his IIle Insurance policies, cash Irom any msrltal accounts which he received belore the closing 01 those accounts, and the contents 01 the marital home. HUSBAND will also receive the balance In his 401-K Plan alter $100,000.00 Is translerred to WIFE as set out below. WIFE shall retain any cash which she received Irom the various marital bank accounts, the cash value 01 her IIle Insurance polley, the Plymouth Voyager, and $100,000.00 Irom HUSBAND's 401-K Plan as more particularly described below. In addition, on the date 01 this I I I , I il Agreement, HUSBAND will pay to WIFE $5,000.00. HUSBAND will pay to WIFE an additional $10,000.00 within 14 days 01 the date 01 this Agreement. Any personal property not specifically distributed by the terms 01 this paragraph shall be the sole and separate property 01 the party In whose possession It Is or In whose name It Is titled. 4. Real Property: The parties are owners 01 a home at 828 Nesbit Drive, Carlisle. Cumberland County, Pennsylvania. On the date 01 this Agreement, WIFE will execute a Deed translerrlng to HUSBAND all her right, tltla and Interest In the marital home. HUSBAND shall be 3 " "\wpll\rl'~N\"p'roll"".n" m., 1117.%"11 solely liable for the mortgage and home equity loan which encumber the marital home and shall make all payments on said loan as they come dUe. HUSBAND shall indemnity and hold WIFF. harmless on account of any loss related to the obligation on the marital home. 5. Alimony: The parties waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assets and earnings with which to maintain themselves after divorce. 6. Marital Debt: nle parties have, In their own names, certain debt, Including loans and credit card obligations which may Include some marital debt. Each party will pay the debt Incurred In his or her Individual names. Specifically, WIFE shall pay the Express Une account, the MBNA MasterCard, the Hecht's account, the PEO loan, two Stafford loans and an obligation to Dr. Mira. HUSBAND shall pay, in addition to the mortgage and home equity loan, any loans outstanding against his life Insurance policies, the Chase account, the J. C. Penney account, the Montgomery Ward account, the Shell account, the Members First account, the Sears account, the Boscov's account, the Bon Ton account, the Exxon account, the MBNA America Card, National Credit and the Mobile accounts. Each party will Incur no debt for which the other may be liable, and will Indemnity and hold the other harmless for any debt so Incurred and for any debt for which he or she is responsible according to the terms of this Agreement. 7. Educational Support: The parties are parents of three children: James R. Ward, born September 6, 1978; Corrin E. Ward, born February 1, 1981; and Bennett A. Ward, born May 28, 1983. The parties anticipate that each of their three children have the ability and desire to 4 I , I! ,,1WJ'll\."kWlNI..pa"'"o>..O. 01. /I '117-'11",11 attend and graduata from college or complete other post-secondary education or training. The parties agree that both may participate with their children In the cl10lce of a college or other post- secondary education or training. The parties will see to It that each child applies for all of the grants, scholarships, or other financial aid for which he or she Is eligible at the school he or she wishes to attend. It Is the parties' Intention that this requirement be a reasonable one, not one which will overly burden a child, The parties will pay the balance of the cost of tuition, room and board In proportion that each gross annual Income Is to their combined gross annual Incomes. Gross annual Income will be all Income from any source except child support In the calendar year preceding each school year In which a child attends college. The parties recognize that It may be necessary, because of the expense of a school selected, for a child to incur an obligation for a student loan. That decision, and the amount of the obligation, shall reduce the amount of tuition. room and board for the purposes of educational support only If the parties and the child agree that a loan 15 necessary and, further, agree on the amount the child should borrow. The parties' obligation for room and board In the context of educational support shall not exceed the room and board charge that the child would Incur If the child lived on campus. The parties' obligation for the educational support of each child shall continue for four years of post-secondary education so long as each child maintain full-time enrollment and a grade point average of at least 2.0 on a 4 point scale, In order to insure that adequate resources are available for the children's education, the parties agree that the transfer of $100,000.00 from HUSBAND's 401-K Plan to WIFE pursuant l " <:\'vp.!I\n,ml'l\"p."II"n.lln III." 1117.%"11 to a Qualified Domestic Relallons Order shall be accomplished In the following manner: The transfer shall be made from HUSBAND's 401.K Plan to Orrstown Bank or another Institution of WIFE's choosing, provided that such institution has the ability to deposit a portion of the rollover Into an IRA Certificate of Deposit, and to note on Its records the assignment of an IRA Certltlcate of Deposit. WIFE shall deposit the rollover Into at least one IRA Certificate of Deposit In the amount of $60,000.00. WIFE shall execute and advise the Institution of an assignment of her Interest In the $60,000.00 Certificate of Deposit and shall deliver to HUSBAND's attorney said Certificate of Deposit as soon as it is Issued. Every year, or at such times as the Certificate of Deposit comes due, HUSBAND will release from the assignment an amount equal to the obligation for educational support which WIFE has paid in the preceding year. The parties anticipate that such release will coincide In time with the maturation of the IRA certificate of deposit held as security and that a new IRA certificate of deposit shall be Issued for the balance of the secured obligation after the released amount Is deducted. HUSBAND's attorney shall continue to hold the IRA certificate of deposit as aforesaid and shall continue as the assignee of the IRA certificate of deposit in the record of the financial Institution issuing It. However, WIFE may dispose of the Interest on the Certificate of Deposit as she sees fit. In the event that WIFE elects to liquidate any portion of the 401-K rollover, the tax consequences for such liquidation will be exclusively WIFE's. It is the Intention of the parties that HUSBAND maintain a security Interest In so much of the 401-K Plan rollover as is necessary to Insure WIFE's performance of her obligation for educational support. If in the future, HUSBAND believes It is necessary to invade the WIFE's IRA . II ,,\.vp.lI'n<~"""""r...llon.lln m. tI 5117-90"11 Certificate of Deposit, because WIFE has not paid an obligation undertaken herein, he will petition the Court of Common Pleas of Cumberland County to permit such an Invasion after giving notice to WIFE and her counsel as provided by law. The Court would decide what, If any, portion of the IRA Certificate of Deposit could be Invaded to satisfy WIFE's obligation and the amounts of the withdrawal. HUSBAND and WIFE agree that the obligation for education support Is not dischargeable, and that, In the event either seeks relief under the Bankruptcy Coda, he or she will be bound by the provisions of this Agreement as to educational support. Each party will make Wills establishing Trusts for their children and devising to those Trusts, all of his or her estate and directing the Trustee to use the Trust principal and Interest for the maintenance, education and support of the children as deemed appropriate In the sole discretion of the Trustee except that the contribution for education shall be specified as set out In Paragraph 7 above, Each will name Dr. James Prescott as the Trustee, and within 30 days of this Agreement each will provide the other with a copy of the Trust provision of his or her Will. In the event Dr. Prescott was unable to serve as Trustee, the parties may designate an alternative Trustee of his or her choosing. 8. Modification: No modification, rescission, or amendment of this agreement shall be effective unless In writing signed by each of the parties hereto. 9, Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 7 ~"'wp5l\n(kwat1J,ur.ralion,lin liIe. ~'l1.'M..(j1 10. Agreement Binding on Parties and Heirs: this agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors In any Interest of the parties. 11. Agreement Not to be Merged: This agreement shall be Incorporated Into the final decree of dlvorca of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980. as amended, and In addition, shall retain any remadles In law or In equity under this agreement as an Independent contract. Such remedies In law or eqlJlty are specifically not waived or released. 12. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to coma, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims In or against the property (Including Income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of " such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows' or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right ~ "\.'1'll\I1'.....r>l\..po..1l0n.n.n 111. f 5117.'/I>.'Il to take against the spouse's will; or the right to treat a lifetime cC'.nveyance by the other as testamentary, or all other rights of a surviving spouse to participate In a deceased spouso's estate, whether arising under the laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendenle IIle, counsel fees, 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 whatsoever nature arising or which may arise under this Agreoment or before the breach of any thereof. It Is the Intention at HUSBAND and WIFE to give to eacl1 other by the execution at this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the othel' now owns or may hereafter acquire, except and only except, all rights and agref3ments and obligations of whatsoever nature arising or which may arise under this Agreement, or for the breach of any thereof, sUbJect, however, to the Implementation and satisfaction ot the condition precedent as set torth herein above. 14. BREACH: In the event that either party breaches any provision at this Agreement, he or she shall be responsible for any and all costs Incurred to enforce the Agreement, Including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, al. his or her election, to sue for damages tor such breach or to seek such other and additional remedies as may be available to him or her. 9 11 , , ~ j~ n: ",...: '. -- r.; .. ,.' , -~. llJ ~ ('} '. , ( ; 'C , " C' . '- Il_ I. l'.~', C~,. , . r-. , .I f::I.:-. ,: .J fJ:: ~I' p- , . (- . '-:~J f.. ~~ ,.... , - ~1 ~ 0:: 0' I,) ,I f \\loI'~I\llf"\lollttJ\UlhJt~tl"UIII WHEREAS, Paragraph 7 01 the Marital Settlement Agreement set out an obligation 01 the parties hareto lor educational support, which obligation required the deposit 01 $60,000.00 from the 401-K Plan 01 FallJer to Mother In an IRA Certllicate 01 Deposit at Orrstown Bank, or another instltullon 01 Mother's choosing, provided that such institution had the ability to deposit a portion 01 the rollover Into an IRA Certificate of Deposit, and 10 note on its records the assignment 01 an IRA Certificate of Deposit, and such IRA Certificate of Deposit was to be held by the attorney for Fatller; and WHEREAS, upon receipt of said $60,000.00, Mofher deposited same into a mutual fund IRA which cannot be secured; and WHEREAS, Father flied a Petition with the Court to enforce tha Marital Settlement Agreement; and WHEREAS, the parties hereto desire to settle their dispute as to the security for Mother's obligation for educational support. NOW, THEREFORE, in consideration 01 the mutual promises contained herein and other good and valuable consideration, the parties hereto agree as follows: ,. MotlJer may maintain her $60,000.00 investment at Evergreen Funds, hereinafter "Mutual Fund". Mother shall not invade that $60,000.00 Investment wl1l10ut the written consent 01 Father. Mother shall provide to Father, within seven (7) days of receipt, all statements by the mutual fund, including but not limited to. quarterly statements as evidence that she has not invaded the mutual fund. 2. The earnings of the $60,000.00 deposited In the mutual fund, including but not limited to interest and dividends, shall be transferred each quarter Into a joint account in an ~.;, \lo I',~ I \llL'~\IIo oIf-d\jllJtl~'l\llUOl ,\prllll,IIJ%: Investment of Mother's choosing so long as the signatures of both parties are required for a withdrawal from said account, Said account shall be opened with Mother's social security number, and all Interest earned thereon shall be attributed to Mother for Income tax purposes. From said account may be drawn a sufficient amount at money to reimburse Mother for any federal, state or local taxes Incurred as a result of the transferral of funds Into said account from the mutual fund, or any federal, state or local taxes Incurred by Mother as a result of reporting Interest from said account on her tax returns. To qualify for a withdrawal tor tElX purposes, Mother must submit her tax returns to Father as evidence that additional tax results from the reporting of Interest on the Joint account or liquidation of a portion of the Mutual Fund. Additionally, Mother may pay her obligation for educational support from the monies accrued in said account. In no event shall the monies accrued In said account act as a cap on Mother's obligation for educational support. Rather, Mother's obligation shall be determined by the terms of the Marital Settlement Agreement of March 14, 1997 and ttlis Addendum to that Agreement. 3, In the event that the balance in said account exceeds $30,000.00, Mother shall be permitted to remove any amounts In excess of $30,000,00 from said account for her own use and purposes. 4. Mother will maintain only the three children of the parties as the beneficiaries of the $60,000.00 IRA mutual fund, and will provide to Father at any time he requests, evidence of the beneficiary designation of that account. 5. The parties acknowledge that the decision to invest $60,000.00 in the IRA mutual fund was Mother's alone. The parties further acknowledge that the value of mutual funds fluctuate with market factors and economic conditions. Mother accepts the risk of loss and acknowledges her obligation lor educational support persists as set out In the Marital Settlement Agreemer1l and In this Addendum In the event 01 a decrease In value 01 the value of the mutuallund. 6. Within ten (10) days 01 the execution 01 this Agreement, Mother will pay Father's attorney's lees up to $400.00 Incurred as a result 01 the dispute which this Addendum seeks to resolve. 7. Paragraph 701 the Marital Selllement Agreement 01 March 17, 1997 Is amended In the lollowlng particulars: A. For purposes 01 determining the gross annual income olthe parties for educational support, the parties will use those amounts on Line 7 (or whatever line records wages, salary, tips, etc.) 01 the Federal Income Tax Return flied on or before April 15th preceding tile school term for which educational support is required. In the event a party has not IlIed a Federal Income Tax Return by April 15th, that parties' gross Income shall be determined by the total income reported for lederaltax purposes on each and every W-2 form (presently in Box 1) provided by an employer. For educational expenses incurred in the 1997.98 school year. and for the fall semester 011998, Mother's gross annual Income shall be the higher of $20,000.00 or her actual gross annual Income. Commencing the spring semester 01 1999 and continuing thereafter. Mother's gross annual income for the purposes of calculating her share of edllcational support shall be the higher of $25,000,00 or her actual gross annual Income lor the preceding year, It is anticipated that for the spring semesters. the parties will be obliged to use their 1998 W-2 forms to determine gross annual income, subject to the 525.000.00 minimllm lor Mot/ler. B. The parties' obligation for educational support shall extend lor six (6) years from the date of graduation from high school (or the obtaining of a GED) lor Ryan Ward, bllt in no event longer than May, 2003, and Corrin Ward, but in no event longer than May, 2005, and lor eight years Irom the date 01 graduation (or the obtaining of a GED) lor Bennell Ward. but in no event longer than May, 2010. This extension 01 time during which the parents shall remain obligated for the payment 01 educational support acknowledges the differences in the children's learning needs and styles and the advisability, for certain children at certain times, 01 taking time from the pursuit of post.secondary education or increasing or reducing the number of courses over the average taken in a given period. The obligation for educational support extends for the equivalent In credits of four full years In an Institution of higher learning, whether those credits are obtained In equal or unequel numbers over eight (B) semesters, over summer school. in trimesters, or in whatever configuration the child reasonably chooses, C. The requirement that a child maintain a 2.0 avel'age on a 4.0 scale shall be applied arter the marking period, that Is to say that It a child enters the marking period with a 2.0 average, such an average Is sufficient to bind the obligation of the parents to pay his or her share of educational support for that marking period. D. Any obligation for educational support shall be paid within 30 days of the receipt of the documented expenses incurred by the child for that support, B. Within ten (10) days of this Agreement, Mother shall pay to Fa/her $782.00. This represents an adjustment of the first semester expenses In light of the presumed earning capacity of Mother set out herein. 9. In addition to the other remedies for breach set out In the Marital Settlement Agreement of March 14, 1997, and as ordered by a Court in enforcement of said Agreement or this Addendum. in t~le event Mother removes from the IRA mutual fund any monies which result in the fund being reduced below $60,000,00 In value, excl;lpt for monies withdrawn to contribute to the children's education.Mother will pay to Father liquidated damages of $10,000.00. The parties agree that liquidated damages are necessary because the loss to Father in terms of the costs of enforcement and the risk to the children's education cannot be adequately measured in damages. In addition, in the event that the value of the IRA mutual fund reduces below $60,000.00 as a result of Mother's withdrawal therefrom. Mother will immediately transfer $60,000.00 to an IRA Certificate of Deposit or other Certificate of Deposit as descnbed in the Marital Settlement --~-----------------~---------~ ~ ,----,--,-_.,..- ..-' ,._---------~'--_.... ,.-- - ' - ",,- ------....".---- ----.-- ~.- ..--..- ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ wi ~ ~l ~ ~ w, " ~ ~ w ~ ~ " " ~ ~ '.l ~l t;, .~: . I ~) ~. .:.1 ~l ~. ~ ~ w " ,;, " ,;, " '" '" ~ $ " ~ OF CUMBERLAND COUNTY STATE OF t>-*l PENNA. LISA PRESCOTT WARD. l\ I), 96-3607 CIVIL TERM ......."....",. Plaintiff V(ll'bU~ RICHARD C. WARD. Defendant ~ ,. ~ ~ " " $ ~ ~ ~ ~ ~ ~ ~ " M D ~ ,e: ~ : e~' N -It- 3'1 S-3 p;{.: Mirv ?~ It; AND NDW"""',(l,?.o .. 19 " ,. o,d.,.d ood i! decreed that.... ., L.... Pre..c~t.t ~a.rd. .. ., . .." ,"'. plaintiff, \~ ~ and ..,...."....... ,R~d\~rd .c'. .\o!~~d.......,..... ........"., defendal11, ,: J~ :~ )~ !~ \: are divorc~d from ,he bonds of matrimony. Tho court retains jurisdiction of the following claims which hove buen raised vf record in this acti0n for which a linol order has not yet been entered; ProvIdon. of Marital Settlement Agroement which 1e attached hereto. . ......."........,...... .".., .... ..,.......".. .... , . . . . . . . . . . ., ..,.., ".." ,.,....' ,., M .' Mr "\ ~\ ~ ~ ~ ~ ..-----_.. ._-~"."..--. . .,,-" .....:. .~. ,., .>>:- ':.:0 ,., -:<<' .:<<. .:.:. .:+:. ':..... <+:- .:.:- ,u1,' E~ A1 " '7r'JIL ~ ~, ,.;fJ~J. ~O'h""01.rY ., ~ ~ ~ I" \~ 1* I~ , . ('it ('.' .; (.,- " I:!- .' ~ '~'~'*"~'~"*"~"*'*~"~'~'~"*"~-~' ~:\V.l)~l,"\'~w"'''''~Jlal1llh>n.lll1 Ole' ~1l7.'16..l.)1 solely liable lor the mortgage I!lnd home equity loan which encumber tha marital home and shall make all payments on said loan as they come due, HUSBAND shalllndemnlly and hold WIFE harmless on account 01 any loss related to the obligation on the marital home. 5. Alimony: The parties waive any claim that they may have one against the other lor alimony or spousal support. The parties acknowledge that each has sulficlant assets and eernlngs Wit~1 which to malntein themselves alter divorce. 6. Marital Debt: The parties have, in their own names, certain debt, Including loans and credit card obligations which may Include some marltel debt. Each party will pay the debt Incurred in his or her Individual nemes. Specllically, WIFE shall pay the Express Une account, the MBNA MasterCard, the Hecht's account, the PEO loan, two Staflord loans and an obligation to Dr, Mira. HUSBAND shall pay, In addition to the mortgage and home equity loan, any loans outstanding against his IIle insurance policies, tha Chase account, the J. C. Penney account, the Montgomery Ward account, the Shell account, the Members First account, the Sears account, the Boscov's account, the Bon Ton account, the Exxon account, the MBNA America Card, National Credit and the Mobile accounts, Each perty will incur no debt lor which the other may be liable, and willlndemnlly and hold the other harmless for any debt so Incurred and lor any debt lor wl,ich he or she 15 responsible according to the terms 01 this Agreement. 7. Educational Support: The parties are parents 01 three children: James R. Ward, born September 6, 1978; Corrin E. Ward, born February 1, 1981; and Bennett A. Ward, born May 28, 1983. The parties anticipate that each 01 their three children have the ability and desire to .1 I I , " attend and graduate from college or complete other post-secondary education or training. The parties agree that both may participate with their children In the choice of a college or other post- secondary education 01' training, Tha parties will see to It that aach child applies for all of the grants, scholarships, or other financial aid for which he or she Is eligible at the school he or she wishes to attend. It Is the parties' Intention that this reqlJlrement be a reasonable one, not one which will overly burden a child. The parties will pay the balance of the cost of tuition, room and board In proportion that each gross annual Income Is to their combined gross annual Incomes. Gross annual Income will be all Income from any source except child support In the calendar year preceding each school year In which a child attends college. The parties recognize that It may be necessary, because of the expense of a school selected, for a child to Incur an obligation for a student loan. That deCision, and the amount of the obligation, shall reduce the amount of tuition, room and board for the purposes of educational support only If the parties and the child agree that a loan 15 necessary and, further, agree on the amount the child should borrow. The parties' obligation for room and board In the context of educational support shall not exceed the room and board charge that the child would Incur If the child lived on campus. The parties' obligation for the educational support of each child shall continue for four years of post-secondary education 50 long as each child maintain full-time enrollment and a grade point average of at least 2.0 on a 4 point scale. In order to insure that adequate resources are available for the children's education, the parties agree that the transfer of $100,000,00 from HUSBAND's 401.K Plan to WIFE pursuant l " to a Qunllllecl Domestic Relations Order shall ba accomplished in tha following manner: The Iransler sholl be made 'rom HUSBAND's 401.K Plan to Orrstown Bank or another Institution of WIFE's chollslng, provldsd Ihal such Institution has the ability to deposit a portion of the rollover inlo on IRA Cortlflcale at Deposll, and to nole on Its records the assignment of an IRA Certificate of DepOSIt. WIFE sholl deposit Ihe rollover into at least one IRA Certificate of Deposit in the Amounl of $00,000.00. WIFE shall execute and advise the institution of an assignment of her Interest In tho $GO,OOO,OO Certlllcate of Deposit and shall deliver to HUSBAND's attorney said CortlllclIto at Dopa sit as soon as II Is Issued. Every year, or at such times as the Certlllcate of Depo~11 comes clue, HUSBAND will release from the esslgnment an amount equal to the obligation tor educational support which WIFE has paid in the preceding year. The parties anticipate that such relol1se will coincide in time with the maturation of the IRA certificate of deposit heid as security and that a new IRA certificate of deposit shall be issued for the balance of the secured obligation nf1er the released amount is deducted. HUSBAND's attorney shall continue to hold the IRA certillcate of deposit as aforesaid and shall continue as the assignee of the IRA certificate of deposit In tho record of the financial institution issuing it. However, WIFE may dispose of the Intorllst on the Certlllcote of Oeposlt as she sees fit. In the event that WIFE elects to liquidate any portion at the 401-K rollover, the tax consequences for such liquidation will be exclusively WIFE's. Itle the intention ot the parties that HUSBAND maintain a security interest In 50 much of the 40'.K Plan rollover as Is necessary to insure WIFE's performance of her obligation for educntlonal support. If in the future, HUSBAND believes it is necessary to invade the WIFE's IRA I, Certlflcete ot Deposit, because WIFE has not paid an obligation undertaken herein, he will petlllon the Court ot Common Pleas of Cumberland County to permit such an Invasion after giving notice to WIFE and her counsel as provided by law, The Court would decide what, It any, portion of the IRA Certificate of Deposit could be Invaded to sallsfy WIFE's obligation and the amounts of the withdrawal. HUSBAND and WIFE agree that the obllgallon for educallon support Is not dischargeable, and that, In the event either seeks rellet under the Benkruptcy Code, he or she will be bound by the provisions of this Agreement as to educational support. Each party will make Wills establishing Trusts for their children and devising to those Trusts, all of his or her estate and directing the Trustee to use the Trust principal and Interest for the maintenance, education and support of the children as deemed appropriate In the sole discretion of the Trustee except that the contrlbullon for education shall be specified as set out In Paragraph 7 above, Each will name Dr. James Prescott as the Trustee, and within 30 days of this Agreement each will provide the other with a copy of the Trust provision of his or her Will. In the event Dr. Prescott was unable to serve as Trustee, the parties may designate an alternative Trustee of his or her choosing. 8. Modification: No modification, rescission, or amendment of this agreement shall be effective unless In writing signed by each ot the parties hereto. 9. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 7 I \\lrII~I\IU"'''lIr,I\.cf''I'II'lnlln file II ~111.lJtl.UJ 10. Agreement Binding on Pertles and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any Interest of the parties. 11. Agreement Not to be Merged: This agreement shall be Incorporated Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree, The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies In law or in equity under this agreement as an Independent contract. Such remedies in law or equity are specifically not waived tJr released, 12. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims in or against the property (Including Income and gain from property hereafter accl'ulng, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of ,I such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows' or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right 8 Ii to take against the spouse's will; or the right to tfeat 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 01 Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, lor past, present or future support or maintenance, alimony, alimony pendente IIle, counsel lees, costs or expenses, whether arising as a result 01 the marital relation or otherwise, excapt and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or belore the breach 01 any thereof. It Is the Intention 01 HUSBAND and WIFE to give to each other by t11e execution of this Agreement a lull, complete and general release with respect to any and all property of any 1<lnd or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or wl,lch may arise under this Agreement, or for the breach of any thereof, subject, however, to the implementation and satlslactlon 01 the condition precedent as set forth herein above. 14. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enlorce the Agreement, Including, but not limited to, COl/rt costs and counsel fees of the other party. In the event 01 breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 9 I I ,. EXJ:flB1.L:A: I. PROPERTY TO BE TRANSFERRED FROM HUSBAND TO WIFEr 1. Two lounge chelrs end cushions from the petlo 2. One wrought Iron coffes table with gloss tabletop, small, from the petlo 3. Dr. Scholl foot bath and massager 4. Pink dessert set 6. Large gold-leaf mirror 6. Baking stone end racks 7. Apple peeler B. Any birth certificate of wife's whloh Is In husband's possasslon 9, Pink porch rocker II. PROPERTY TO BE RETURNED TO DR. AND MRS. PRESCOTT: 1 . Pie safa 2. Dry sink 3. Hltchcook double bed headboard and chest of drawers ") '1-0 j~ '-.;t <J ~ .. ~ ~ ~ - I ~ Cl t It: ...~ .. :~j .,' f- ~!::I N , ; .. . ft~. :'!'..; ':,' , , Ll- ~ \",.1 ~r , ' (~) 't,'; " 't.~ ~'I ('l [t,.. 1-' li'I') c. ! \} ~ Cl- ,.' c;...:: OJ, r.rJ ~: I 0 0' (.)