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HomeMy WebLinkAbout07-0271MARILYN D. CALAITGES, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1\10. 67- 2?1 JOHN G. CALAITGES, , Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS cic't'--7? You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MARILYN D. CALAITGES, Plaintiff vs. JOHN G. CALAITGES, , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MARILYN D. CALAITGES, Plaintiff vs. JOHN G. CALAITGES, , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6*7- 271 oic-ItL IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MARILYN D. CALAITGES, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MARILYN D. CALAITGES, an adult individual who currently resides at 1004 Baythorn. Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JOHN G. CALAITGES, , an adult individual who currently resides at 1624 Green Street in Harrisburg, Dauphin County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 30 November 1991 in Johnson City, New York. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 2ex) 7 -4"d?j CL1 MAR LYN CA ITGES -c4k I Q by ? ?'1 e O w r? .V S ? ^, ,rte r•, ? -? ; ri v `- MARILYN D. CALAITGES, PLAINTIFF VS. JOHN G. CALAITGES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-271 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, JOHN G. CALAITGES, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: -7 HN G. CALAITGT-EV C rv e° . j 's7 tr zi r-o r? 74 rs cz? -.c MARILYN D. CALAITGES : IN THE COURT OF COMMON PLEAS , Plaintiff PENNSYLVAP?!A CUMBERLAND COUN-Y ; , V. NO: 2007-271 -' c JOHN G. CALAITGES, CIVIL ACTION -LAW Defendant IN DIVORCE < NOTICE TO PLAINTIFF If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has beeii served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE I . The parties to this action separated in December, :006, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimo Zy, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted 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.A. SEC'CION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ff: DATED: r r c +-?? _ 46HN G? CAL . -- .. MARILYN D. CALAITGES, Plaintiff V. JOHN G. CALAITGES, Defendant IN THE COURT OF CO!VIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2007-271 CIVIL ACTION -LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expense> if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of properly, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must al o file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree. the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verifv that the statements made in this counter-affidavit arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MARILYN D. CALA ITGES NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. MARILYN D. CALAITGES, Plaintiff V. JOHN G. CALAITGES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-271 : CIVIL ACTION -LAW : IN DIVORCE Q -n 1. Check either (a) or (b): n :jJ rn CO X(a) I do not oppose the entry of a divorce decree.T _ (b) I oppose the entry of a divorce decree because (Check (1) (ii) or both): 'CD (1) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do. not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or ex `penes if I do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony ' (b) . y, ? , sion'ofproperty, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: / 9 MARIL D. CAL ES NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. MARILYN D. CALAITGES Plaintiff Vs. JOAN G CALAITGES : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA n ° v Docket No. 2007-271 ° -n r'5 r -, i 1 4111 W Defendant=:. MOTION FOR APPOINTMENT OF MASTER 3 John G. Calaitges (F*&*M (Defendant), moves the court to aunt ., -th respect to the following claims: N ( Divorce ( Distribution of Property () Annulment W Support (1) Alimony ( Counsel Fees ($ Alimony Pendente Lite Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested- Discovery responses are due from Plaintiff by March 4, 2010. (2) The defendant (has) (I appeared in, the action (paufit) (by his attorney, Barbara Sumple-Sullivan Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c)/ 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: None C.: The - actian , is contested with , respect : to - the following claims: Dist-ri h it-ion of praWIzty, su=Q t, Al i m=, APL, Counsel Fees, , Costs (5) The action (i a* (does not involve) complex issues of law or fact (6 The;hea ing is expected to take 1 (hom) (days). (7 d - Addition information, ?f t to ; the motion: on February 1, 2010, Plaintif i covery would be served, however Defendant has not received y tDate: March 1, 2010 Attorney for "6 efendant) Print Attorney Name ......... Barbara Sumple=SUl1ivan..Esau re ORDER APPOINTING MASTER AND, NOW, , 24 , Esquire is appointed master with respect to the following claims: By the Court: J. MAR 0 ,5 Zwj MARILYN D. CALAI= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. c7 c, JOHN G. CALAITGES Docket No. 2007-271 i ! r f ?y n-S Defendant r MOTION FOR APPOINTMENT OF MASTER ?' ' John G. Calaitges (RbbdM (Defendant), moves the court to a_ ? t th respect to the following claims: N Q Divorce W Distribution of Property () Annulment 00 Support Q Alimony ()j Counsel Fees (I Alimony Pendente Lite Costs and Expenses and in support of the motion states: '(1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. Discovery responses are due fran Plaintiff by March 4, 2010. (2)` The defendant (has) Comm* appeared in the action (paxast) (by his attorney, Barbara Sumple-Sullivan , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c)/ 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: None c. The: action ' is contested- with respect z: to the following .claims: _.,.. _ ni_gtrih it-i on of nr=rtY r Su pp=. A7--„=rro ;, , APL, Cbunsel' 'Fees Costs (5) The action (i106* (does not involve) complex issues of law or fact (61- The hear-mg-:is'expected to take 1 (days) Acrdihon m tton, to.. % the motion: On February 1, 2010, Plaintif covery would be served,.however, Defendant has not received y s.to date. Date: March 1, 2010 Attorney for VWnb efcndant) Print Attorney Name Barbara Sample=Su33;izra? EscjLure ORDER APPOINTING MASTER AND NOW,9'IZA ,L/,, S , 2016 ell, Esquire is appointed master with respect to the following claims: &,o Ztk,,-0 / ;. ' G1:1 1;d' e- a'4O,1Ol MARILYN D. CALAITGES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2007-271 JOHN G. CALAITGES, : CIVIL ACTION -LAW 2 ' Defendant : IN DIVORCE AFFIDAVIT OF CONSENT= e_ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was Medan - January 17, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: / low,-MARURN D. CALXhYGES MARILYN D. CALAITGES, Plaintiff V. JOHN G. CALAITGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2007-271 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. w CD t / © 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 is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: //0/,/// MARILYN D. CALAITGES, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2007-271 ., JOHN G. CALAITGES, CIVIL ACTION - LAW,, ?- Defendant : IN DIVORCE AFFIDAVIT OF CONSENT,. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 17, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: I - C? - V, jlz? - JOHN G. CAL MARILYN D. CALAITGES, Plaintiff V. JOHN G. CALAITGES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2007-271 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. ti .. iY3 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 is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. 6 ?l JO-L DATE. J G. CALAIT MARILYN D. CALAITGES, Plaintiff VS. JOHN G. CALAITGES, Defendant THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 271 CIVIL IN DIVORCE ORDER OF COURT y rI r -- Fri AND NOW, this /Q-4 day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 6, 2011 the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: /Samuel L. Andes / Attorney for Plaintiff J Barbara Sumple-Sullivan Attorney for Defendant ?l Kevin. /I /I . Hess, P. J. IeJ O*ies ? d00a t ?I I I p?,6 MARITAL SETTLEMENT AGREEMENT THISAGREEMENT, made this 6 day of January, 2011, by and between John G. Calaitges, hereinafter referred to as "HUSBAND", and Marilyn D. Calaitges, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on November 30, 1991 and separated on January 4, 2007; WHEREAS, two (2) children were born of this marriage being Kelsey A. Calaitges, now emancipated and John D. Calaitges, born September 29, 1995; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by eac of the parties he to, January 6, 2011 HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Samuel Andes, Esquire. Each parry further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness January 6, 2011 2 -L X of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. January 6, 2011 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which January 6, 2011 4 either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. January 6, 2011 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. January 6, 2011 6 12. BREACH If either party breaches any 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 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future, if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to be responsible for the mistake or failure to report income or having taking an inappropriate deduction or exemption. The party responsible for the mistake or failure shall suffer the entire consequences solely and hold the opposite party harmless. However, if the liability is the result of a computation error or an error not attributable to the intentional or negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and January 6, 2011 7 - ?` interest. The parties agree that they shall file separate tax returns for 2010. WIFE shall execute and file the necessary IRS form to assign to HUSBAND the parties' son, John, as a tax exemption for year 2010. The parties agree that HUSBAND shall be able to deduct all the mortgage interest and taxes relative to the marital home on his personal 2010 tax return. WIFE shall report on her personal return all income and expenses related to the parties' jointly titled New York property. WIFE further assigns to HUSBAND any loss which was generated from the real estate partnership, J.M. CALAITGES REAL ESTATE, LLP. HUSBAND shall also be entitled to deduct and WIFE shall report as income the sum of Twenty-seven Thousand Eight Hundred Eighty-two Dollars ($27,882.00) in support/alimony for tax year 2010 per the parties' Agreement dated August 10, 2010. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE. With the exception of certain pieces of January 6, 2011 8 furniture and certain other personal property (but excluding all kitchen equipment) to be retained by WIFE located at the property at 435 Bridge Street, New Cumberland, PA which have been identified by WIFE and agreed to by HUSBAND, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. WIFE shall be required to remove said items of furniture and certain other personal property (but excluding all kitchen equipment) within thirty (30) days of the date of this agreement. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for each party's sole property. B. REAL ESTATE The parties jointly own various parcels of real estate. These are as follows: a) 1004 Bavthorne Drive Mechanicsburg. PA: The parties own property located at 1004 Baythorne Drive, Mechanicsburg, PA. Said house is encumbered by a mortgage held by National City Mortgage (now PNC No XXXXXX0621) in the approximate amount of Ninety- nine Thousand Dollars ($99,000.00) as of May, 2010. WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in the real estate to WIFE upon the condition that she refinances or otherwise obtains release of HUSBAND from the existing mortgage debt within Ninety (90) days of the date of this Agreement. In the event husband is not released within ninety (90) days but wife has made a good faith effort to secure refinance or January 6, 2011 9 release, wife shall be afforded an additional ninety (90) days to secure husband's release or secure refinance. If after the additional ninety (90) days expires and husband is not released or the house refinanced, the house shall be listed for sale. WIFE shall be fully responsible for any past, present and future mortgage principal, home equity loans or lines of credit, interest, penalties and costs as well as any taxes, insurance, utilities, maintenance, repairs and/or any other debts associated with the real estate. WIFE shall keep HUSBAND and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost, or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses resulting from WIFE'S ownership of the marital home. WIFE shall maintain HUSBAND as an additional insured on the property's insurance policies until such time as the actual deed is recorded transferring sole ownership to WIFE. HUSBAND agrees to execute a deed incident to WIFE'S refinance wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. Said deed shall be prepared by WIFE'S attorney. This deed shall be held in escrow by counsel for HUSBAND and recorded upon the event of WIFE'S successful completion of the refinancing of the mortgage debt. In the event that the property is not timely refinanced or HUSBAND'S release is not secured by WIFE, the property shall be listed for sale at a price mutually agreed to by the parties, after consultation with a professional realtor, in order to effectuate a prompt sale. The house shall remain listed for sale with appropriate price reductions until sold or WIFE successfully satisfies the existing mortgage or otherwise obtains HUSBAND'S release, whichever occurs first. The costs associated with the sale shall be WIFE'S sole responsibility. All proceeds from any sale shall belong solely to WIFE. January 6, 2011 10 2. 142 and 146 Oakdale Road, Johnson City, NY: The parties own property located at 142 and 146 Oakdale Road, Johnson City, New York. Said rental property is encumbered by a mortgage held by M&T Mortgage (No XXXX.XX7191) in the approximate amount of Twenty-nine Thousand Dollars ($29,000.00) as of May, 2010. WIFE desires to maintain said property and use same as rental property. HUSBAND agrees to convey his interest in the real estate to WIFE upon the condition that she refinances or otherwise obtains release of HUSBAND from the existing mortgage debt within Ninety (90) days of the date of this Agreement and releases HUSBAND from said obligation. In the event husband is not released within ninety (90) days but wife has made a good faith effort to secure refinance or release, wife shall be afforded an additional ninety (90) days to secure husband's release or secure refinance. If after the additional ninety (90) days expires and husband is not released or the house refinanced, the house shall be listed for sale. WIFE shall be fully responsible for any past, present and future mortgage principal, home equity loans or lines of credit, interest, penalties and costs as well as any taxes, insurance, utilities, maintenance, repairs and/or any other debts associated with the real estate. WIFE shall keep HUSBAND and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost, or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses resulting from WIFE'S ownership of the this property. WIFE shall maintain HUSBAND as an additional insured on the property's insurance policies until such time as the actual deed is recorded transferring sole ownership to WIFE. HUSBAND agrees to execute a deed incident to WIFE'S refinance wherein he assigns, conveys and transfers to WIFE all of his interest, rights January 6, 2011 11 /? and title in the property. Said deed shall be prepared by WIFE'S attorney. This deed shall be held in escrow by counsel for HUSBAND and recorded upon the event of WIFE'S successful completion of the refinancing of the mortgage debt. In the event that the property is not timely refinanced or HUSBAND'S release is not secured by WIFE, the property shall be listed for sale at a price mutually agreed to by the parties, after consultation with a professional realtor, in order to effectuate a prompt sale. The property shall remain listed for sale with appropriate price reductions until sold or until WIFE successfully satisfies the existing mortgage or obtains HUSBAND'S release, whichever occurs first. The costs associated with the sale shall be WIFE'S sole responsibility. All proceeds from any sale shall belong solely to WIFE. HUSBAND waives his claim to all past rentals received by WIFE from this property. 3) 435 Bridge Street. New Cumberland. PA: The parties are the sole partners in an LLP known as J.M. CALAITGES REAL ESTATE LLP. Said entity owns real estate located at 435 Bridge Street, New Cumberland, PA. WIFE'S restaurant business had occupied the real property. The real property has been listed for sale with no viable sale alternatives currently known. Said property is encumbered by various mortgages and credit lines due and owing to Integrity Bank by the partnership J.M. CALAITGES REAL ESTATE, LLP. The Integrity loans (Nos. XXXXXX7850 and XXXXX7750) have an approximate cumulative balance of Four Hundred Sixty Thousand Dollars ($460,000.00) as of May, 2010.. There is also an Integrity Line of Credit (XXXXXX1285) in the approximate amount of Fourteen Thousand Eight Hundred Forty Dollars ($14,840.00). HUSBAND agrees to fully assume the obligations of the LLP, make a good faith effort to secure wife's release from any personal liability to Integrity Bank on said January 6, 2011 12 loans, if any, and agrees to indemnify and hold WIFE harmless from said Integrity mortgage loan nos. 7850 and 7750. WIFE agrees to convey all her rights, title and interests in the '4- and and the real estate to HUSBAND. From the date o this Agreement (but excepting the debts ??f : X- assumed by WIFE pursuant t90 cMc I nolf this Agreement), HUSBAND shall be fully responsible for any past, present and future mortgage principal, interest, penalties and costs as well as any taxes, insurance, utilities, maintenance, repairs and/or any other debts associated with the property and indemnify WIFE for said debts. WIFE acknowledges that to the best of her knowledge, all such obligations being assumed by HUSBAND are current. WIFE further waives any claim to the insurance proceeds currently in hand to complete repairs of the building's portico. Notwithstanding same, WIFE shall be solely responsible for any future claim which might be made against J.M. CALAITGES REAL ESTATE, LLP or HUSBAND, individually, by WIFE'S business partner, Christine Kennedy, or any other vendor or creditor of WIFE'S restaurant business known as COFFEE, TEA AND KRUMPETS, LLC. This shall include but not be limited to any claim by said partner against the restaurant :inventory or other equipment assets currently located in the business which is also being transferred to HUSBAND pursuant to this Agreement. The parties agree that the Integrity Line of Credit (No. 1285) shall be satisfied in full within ten (10) days of the date of this agreement. 4) January 6, 2011 South Wind Villas Timeshare: The parties jointly own a time share in South 13 ?C G6 Carolina consisting of weeks 17 and 18. This asset is unencumbered. The time share represents two consecutive weeks of vacation time. The parties shall attempt to split the deed to the property so that each shall have one week per year of the time share. If this can not be accomplished, the parties shall hold this time share jointly going forward as Tenants in Common. The parties shall each be entitled to one week of usage each year. The parties shall coordinate their intended usage by February 1 St of each year. If a dispute exists as to the dates of usage and no mutual agreement can be reached, WIFE shall have week 17 in even numbered years and HUSBAND shall have week 18 in even numbered years. WIFE shall have week 18 in odd numbered years and HUSBAND shall have week 17 in odd numbered years. Each party shall be obligated to timely pay one half of the expenses of the time share; on an annual basis. If the other party must make any payment on behalf of the other, that share shall incur interest at a rate of eight percent (8%) per annum until reimbursed to the other party. If a party does not make a payment timely for three (3) years, he or she forfeits ownership and/or right of use and shall sign over to the other his or her interest in said time share. C. MOTOR VEHICLES The parties had ownership of two (2) vehicles during the marriage and said vehicles shall all be transferred to WIFE subject to the terms of this paragraph. These vehicles are as follows: 1) January 6, 2011 2006 CHRYSLER TOWN AND COUNTRY VAN: This vehicle shall be the sole and separate property of WIFE. Said vehicle is encumbered with a loan due and owing to Chrysler in the approximate amount of Five Thousand Dollars ($5000.00). Wife shall pay off this loan within sixty (60) days of the date of this 14 *Z, agreement. Incident to the refinance, HUSBAND shall execute the title of the vehicle for transfer WIFE and deliver same incident to the refinance of the loan. Pending payoff, WIFE shall keep HUSBAND named as additional insured on said vehicle. 2) 2004 JEEP RUBICON: This vehicle shall be the sole and separate property of WIFE. Said vehicle is not encumbered. HUSBAND had a leased vehicle being a 2004 Subaru WRX. HUSBAND shall indemnify and hold WIFE harmless from any such debt. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. Two jointly titled accounts exist being the FMA Advisory Account and the Integrity Account No. 203004878. The parties shall cooperate to immediately remove WIFE'S name from said Integrity Account so that said account shall be solely owned by HUSBAND. Regarding the FMA Advisory Account, the parties have disbursed or agreed to disburse Two Thousand Five Hundred Dollars ($2,500.00) to each party for repairs to the respective real estate at Bridge Street and in New York. After the disbursement, the account shall be divided 60% to WIFE and 40% to HUSBAND. Subsequent to separation, various other advancements have been made from this account January 6, 2011 15 to the parties. The parties further concur that these advancements were made at the mutual agreement of the parties and HUSBAND waives any credit to the excess funds disbursed to WIFE. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, HUSBAND accumulated certain retirement benefits through his employment. These funds are currently held in the Vascular Associates PC PS plan with FMA. The parties agree that HUSBAND shall, by tax free rollover, transfer to WIFE the sum of One Hundred Thirty-five Thousand Dollars ($135,000.00) as adjusted for losses and gains on the account after December 31, 2010. The remaining balance in said account after rollover to WIFE shall be the sole and separate property of HUSBAND and WIFE waives any claims thereto. The costs of preparation of the Domestic Relations Order, if necessary to effectuate the transfer, shall be shared equally by the parties. WIFE has accumulated certain IRA accounts which are held by Vanguard. These assets have a cumulative value of approximately Eighteen Thousand Dollars ($18,000.00). Said accounts shall be the sole and separate property of WIFE and HUSBAND waives any claims thereto. HUSBAND has also accumulated an IRA account which is held with FMA Advisory. Said account has an approximate value of Eight Thousand Five Hundred Dollars ($8,500.00). Said accounts shall be divided 60% to WIFE and 40% to HUSBAND. The costs of preparation of a Domestic Relations Order to effectuate a tax free rollover to WIFE shall be shared equally by the parties. January 6, 2011 16 WIFE has indicated that she believes that another IRA might exist in the approximate amount of Two Thousand One Hundred Dollars ($2,100.00) for HUSBAND. HUSBAND has no paperwork to support this asset. However, if the account is found, WIFE can receive One Hundred Percent (100%) of the account. Any legal costs of effectuating a tax free rollover of the account to WIFE shall be borne solely by WIFE. F. INSURANCE The parties had agreed to cash the life insurance policy of HUSBAND which was held by Northwestern Mutual Life Insurance. Any tax liability which may have been generated by the cashing of this policy shall be shared equally between the parties. The net proceeds of the policy shall be divided with WIFE receiving 55% of the cash proceeds and HUSBAND receiving 45% of the cash proceeds. HUSBAND shall further agree to carry insurance on his life for the benefit of WIFE as long as an alimony obligation exists. This obligation can be satisfied by designation of WIFE as beneficiary of an insurance policy of HUSBAND'S choice. The total amount of mandated coverage for WIFE shall be Three Hundred Fifty Thousand Dollars ($350,000.00). HUSBAND shall be obligated to give to WIFE annual proof of coverage during the term that the alimony is being paid. This obligation shall cease upon termination of WIFE'S alimony. G. BUSINESS INTERESTS: During the marriage and after separation, the parties have obtained ownership interest in various business interests. Each party acknowledges that he or she has had the right to have January 6, 2011 17 formal valuations completed of each business and are satisfied with the valuations completed or, in the event no formal valuations were completed, are knowingly waiving such valuation. The parties agree that each party shall individually retain all rights, title and interest in and to the following business entities as his or her sole and exclusive property, free of any claim from the other. Each party agrees to indemnify and hold the other harmless against any claims or liabilities related to the business acquired by the other: 1) BUSINESS ASSETS TO WIFE: A) GREAT ROAD SETTLEMENT (SOLD) B) COFFEE, TEA AND KRUMPETS, LLC (CURRENTLY NOT CONDUCTING BUSINESS) C) EBAY BUSINESS 2) BUSINESS ASSETS TO HUSBAND: A) VASCULAR ASSOCIATES, PC B) VEIN SPECIALIST, LLC C) CENTRAL PENNSYLVANIA ACCESS CENTER, LLC D) PREMIERE VEIN SPECIALIST, LLC 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided January 6, 2011 18 /(C- herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other parry will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. WIFE shall be liable and responsible for the following debts and will indemnify and hold HUSBAND harmless from the following debts: A) Citibank Credit Card B) Lowes Credit Card C) Chase Credit Card in wife's name D) Appraisal fee due to Kurt Eby E) Electrical Bill for Bridge Street due Clint Early WIFE agrees to indemnify and hold HUSBAND harmless from each of the aforementioned debts and agrees to be responsible for all attorneys' fees incurred by HUSBAND in defense of any claim or suit brought against him arising from any aforementioned debt. All other marital debts have been transferred to individually titled credit cards of HUSBAND and have or will be paid off by HUSBAND. This includes husband's Chase Card. HUSBAND will indemnify and hold wife harmless for said debt,". The parties have a joint Bank of America card. There is a zero balance currently. This account will be closed. To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. January 6, 2011 19 /-C k SECTION III 1. ALIMONY. ALIMONY PENDENTE LITE, SUPPORT. MAINTENANCE AND COUNSEL FEES Effective December 31, 2010, WIFE'S claim for spousal support pursuant to the parties' Agreement dated August 10, 2010 shall fully and finally terminate and said Agreement is declared null and void. Commencing January 1, 2011, HUSBAND shall commence payment to WIFE of the sum of Four Thousand Dollars ($4,000.00) per month as alimony pendente lite and/or alimony. This sum shall be fixed for a period of five (5) years unless terminated earlier due to WIFE'S cohabitation, remarriage, her death or the death of HUSBAND. At any time, alimony shall also be subject to downward modification or termination if HUSBAND becomes disabled or loses his present employment though no fault or misconduct of his own which results in a decrease below his 2010 income. If HUSBAND experiences such a reduction in income, the parties agree to try to establish a revised amount of alimony consistent with HUSBAND'S then monthly income, and if the parties cannot agree to a revised alimony amount, it is understood that the parties' dispute may be submitted to the Court for review and resolution through modification or termination. Except for the reasons set forth in this paragraph, the term and amount of alimony shall not be modified within the initial sixty (60) month term. After the initial five (5) year term of alimony, as provided above, the amount and term of the alimony shall be subject to review and modification by the parties or, if necessary, by the Court, at which time the parties or the court can terminate, extend, increase, decrease or otherwise modify the amount and the term of alimony, depending upon the circumstances that January 6, 2011 20 _ then exists. As may occur during the initial five (5) year term, alimony shall terminate immediately upon WIFE'S cohabitation, remarriage, or death or the death of HUSBAND. The amount of alimony was determined based on HUSBAND'S income being approximately Three Hundred Thousand Dollars ($300,000.00) and of WIFE being $25,000.00. The alimony reflects WIFE'S representation that she is presently incapacitated due to Lyme's disease. Toward that end, the parties agree that WIFE shall have a full independent medical review within Sixty (60) days of the execution of this Agreement, on the Third (3) anniversary of this Agreement and Sixty days (60) days prior to the Fifth (5) anniversary of this Agreement. The review shall occur at either the Hershey Medical Center, The John Hopkins Hospital or some other mutually agreed upon facility. The costs of these medical reviews shall be shared equally between the parties. Payment of alimony to WIFE shall be made directly to WIFE from HUSBAND as has been their past practice. Payments shall be made in bi-weekly payments of one Thousand Eight Hundred Forty-six Dollars and 151100 ($1,846.15) within three (3) days of HUSBAND'S receipt of his pay check by direct deposit into an account designated by wife. Wife's counsel shall prepare an order for alimony consistent with the terms of this paragraph for submittal to the Court. In the event husband fails to make a payment within thirty (30) days of the date due, wife can enforce this agreement through Domestic Relations January 7, 2011 and shall occur bi-weekly thereafter. Both parties waive any claim for counsel fees. SECTION IV January 6, 2011 21 The first payment shall commence on CHILD SUPPORT AND CUSTODY 1. CHILD SUPPORT a) Payments for John: HUSBAND shall pay to WIFE the sum of One Thousand Five Hundred Dollars ($1,500.00) per month as child support until said son's graduation from high school. This obligation shall continue unless there is a change in the custody.related to the parties' son and/or HUSBAND becomes disabled or loses his present employment through no fault of his own which results in a decrease below his 2010 income. Payments shall be made privately from HUSBAND to WIFE as has been their past practice. Bi-weekly payments of Six Hundred Ninety-two Dollars and 30/100 ($692.30) shall be made by HUSBAND to WIFE within Three (3) days of receipt of his paycheck by direct deposit into an account designated by wife. In the event husband fails to make a payment within thirty (30) days of the date due, wife can enforce this agreement through Domestic Relations The first payment shall commence on January 7, 2011 and shall continue bi-weekly thereafter. In the event that WIFE files for a modification of the child support prior to their minor son's graduation, the alimony payable to WIFE as noted above shall be included in her income and deductible from HUSBAND'S income for the calculation of child support. HUSBAND will continue to carry medical, dental and vision insurance for John as is offered at reasonable costs through his employment. After WIFE; pays the first Two Hundred Fifty Dollars ($250.00) per year, HUSBAND shall pay 80% of all unreimbursed medical, dental and vision expenses above said Two Hundred Fifty Dollar ($250.00) deductible amount. January 6, 2011 22 / b) Payments for Kelsey: HUSBAND will continue to carry health insurance as is offered at reasonable costs through his employment for his daughter, Kelsey, provided she is eligible through his plan. Commencing with the Spring semester of 2012 and continuing for each semester thereafter until Kelsey completes her four year enrollment, HUSBAND also agrees to contribute the sum of Two Thousand Five Hundred Dollars ($2,500.00) toward her tuition each semester that Kelsey is a full time undergraduate student. This payment shall be made either directly to her college or to Kelsey, at HUSBAND'S option. 2. CHILD CUSTODY The parties have a Custody Order dated November 7, 2010 which is docketed to John G. Calaitges v. Marilyn D. Calaitges, Cumberland County Docket No. 2010-372. No modifications of said Order have been made by the parties. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS January 6, 2011 at this Agreement shall become effective when actually signed 23 D. CALAITGES MARILYN D. CALAITGES IN,THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN G. CALAITGES No. 2007-271 DIVORCE DECREE AND NOW, ? ar /? , 0? 0 // , it is ordered and decreed that MARILYN D. CALAITGES plaintiff, and JOHN G. CALAITGES , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All claims have been resolved pursuant to the parties' Marital Settlement Agreement dated January 6, 2011. Said Agreement shall be incorporated but not merged into this Divorce Decree. By the Court, (.;art. O tailed * a y Andes Aleft e f Co' py ma clod lo any o5urnp/e • ?SvHi vran FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 24 PM 1: 01 MARILYN D. CALAITGENJMBERLAND COt3OU Plaintiff PENNSYLVANIA) vs. ) JOHN G. CALAITGES, ) Defendant ) STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-271 IN DIVORCE AND NOW come counsel for the above parties, who represent to the court that they are authorized to execute this Stipulation on behalf of their clients, and stipulate and agree that the court shall enter the attached Order to implement the alimony provisions of the parties' Marital Settlement Agreement dated January 6, 2011. Date: c-:;,, Z? I uel L. Andes Attorney for Plaintiff Date: / 'A // i' s' Bar ara Sumple-Sulliva n Attorney for Defendant