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" t' ,'I:} 1'1 d, I >'ll\d d' " '1!'I, 'l'pl\' ,,'\ ,I -" " - " .:/ t.;;-" " 'I. . ,',~ 'i! ",,1- 'I' \'1'1,', ,- ,,,' .t',I\." 1': ' ,! II i;' 'I I ~ " ), , " , I " , " " , ""Ii 11 , !I,' ,/, :' ,,' , i' Ii I 'i;j I' ." . , ',' " I"~ , , , I'll , , " " " ",' I, " , ," , '.' , II, ill ;'1 , L'I,I' I"i, , " " ", " )',1,' "~"~I ",I ,'I,' ,I, " " , ,I, I .. (-" " " 'I" 'I , I , , 'I ",II , "1 J'II, I' I.', I' , , " 'I'd I d 1'.1 '\1. , ," ;'I)L' ,J" I _' , :' ~ I " /'1 'j 'il 11".t"I,I, I " " , I' , I, \1 I"i ",' '1,[ I L , ' ;1' ,",} \,,,/-1111_' ,d-i I . :1'11, \ " ' " " "I ,,'I " " " " , " , , ", '~',j 1_\' ,I , " 'I; I " II, ", ,.1,1 I , " " " " I' . ....., . . . KIM A. BBBRTB, PlaintiU v, IN 'MlB COURT or COMMON PLBAB ct1MBBRLAND COUN'l'Y, PBNNSYLVANIA NO. 4316-1996 CIVIL AC1'ION - LAW IN OIVORce I I I I RANOALL G. BBBR'rS, Defendant MARRIAGE SETTLEMENT AGREEMEN'r . I I , , '" THIS AGRBBMENT is made and entered into between RANDAL~,', G I ' EBBRTS and KIM A. EBERTS, hereinaftar referred to aa Huaband and Wife, were married on September 25, 1982. As a consequence of disputes and unhappy differences, the parties have separated, , The parties desire to confirm their separation and make arrangements in connection therewith, incll~ding the settlement of their property r.ights, and all other rights and obligations arising out of the marriage relationship, It is therefore agreed I 1, CONSIDERATION The consideration for this Agreement is the mutual promises and agreemel\ts herein contained, 2, SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. 8aClh party shall be free from interference, authority and Initial rAt: M:.L . . . " control, direct, or indir.ect, by the other, "S rully as ir he or she were single and unmarried, Neithel:' shall bothei:' the othel:' or compel 01:' endeavor to compel the other to cohabit 01:' dwell with him or her. 3. WIFE'S D~BTS Except as set forth in paragraph 5 herein, Wife represents and warrants to Husband that as of the date or separation she has not incurl:'ed, and in the future sha will not contl:'act or incul:', any debta 01:' liability fol:' which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims' or demands made against him by reason of debts or obligations incurred by her. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney rees, as a result of any default in payment by Wife. 4. HUSBAND'S DBBTS Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him, Husband agrees to indelnnify and save harmless Wife from any loss she may sustain, 2 Initials /(t<;: 10:/ , .. including attorney fftes, as a result of any default in payment by Husband, 5, .mnJT DEBTS Husband and Wire acknowllldge that they are both responsible for the payment and aatiafaction of certain obligations sa aet forth in Bxhibit "A", attached hereto and made part hereof. Husband and Wife agree to be responsible for the payment and the satiafaction of the same in the following manner: one-half (1/2) by Husband and one-half (1(2) by Wife, As s result of thtil aforementioned agreement aa aet f.orth in this paragraph five (5) Huaband agrees to pay to Wife $691,04 per month payable in the following manner. a, $39,50 per month ahall be paid by Huaband to Wife from Husband's half of his Department of Defenae Pension via /.In automatic banking transfer into Wife's cheCking account, andl b. Six hundred fifty-one dollara and thirty six cents ($651,36) per month shall be paid by Husband to Wife. Said amount to be paid in the following manner: $325,68 by the first day of each month and $325.68 to be paid by the 15th day of each month. Wife ahall apply aaid payment a made by Husband to decreafle the 3 Initials 1!-4-~ 1'&'i . ... marital debt as set forth in IIxhibit "Au. The amount of the payment by Husband under this paragraph 5 and the duration thereQf may be adjusted upon written mutual agreement of the parties hereto. 6. MUTUAL RELBASE Subject to the pr.ovisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, anc;l. his or her heirs, legal t'epresentatives, executors, administrators, and assigns, release and discharge the othet' of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce, 7, FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by ench party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wifo each represent and warrant to the Pther that he or she has made a f.ull complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever, and of all other facts 4 In~tials ~ ~ ., relating to the subject matter ot this Agnement. Both parties represent that the terms of this Agreement have been tully explained to them by their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Husband acknowledges that Michael J. Pykosh, Esquire of the Law Offices of Darrell C, Dethlefs, is his wife I s attorney, and not his attorney. Husband acknowledges that his wife I s at torney has never advised or counseled him relative to this divorco action or in regard to this AgreGlment . 8, EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets, 9, eUBSEOUENT DIVORCE A. AGREBMEtrr NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties her.eto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for in3titution, proseoution, defense, or for the non-prosecution or non-defense of 5 Initials ~~f !,f~~ . " any aotion for divoroel provided, however, that nothing oontained in this Agreement llhdl prevel1t or preclude either of the parties hereto from commendng, inatituting or prosecuting any action or aotions for divorce, upon just, legal and proper grounds I nor to prevent either party ft'om defending any auch action which haa boen, mayor shall be inlltituted by the other party, or from making any just or proper defense thereto, It ia warranted, covenanted and repreBented by Husband and Wife, each to the other, that this Agreement ia lawful and enforceable and thia warranty, covenant and repreBentation is made for the apecific purpoae of inducing Hueband and Wife to execute the Agreement. Husband and Wife each knowingly and underatandingly hereby wnivea any And all poaaible claime that thia Agreement ia, tor any real3on, illegal of for any t'eaaon whataoever, unenforceable in whole or in part, Huaband and Wife each do hereby warrant, covenant and agree that, in any poeeible event, he and she are and shall forever be atopped from asserting any illegality or unenforceability aa to all or any part of this Agreement. B, ENTRY AS l?ART OF PECRBB - It ie the intention of the parties that the Agreement ahall aurvive any action for divorce which may be inatituted or proaecuted by either party and no order, judgment or decree of divorce, temporary, Unal or permanent, shall 6 Init;l.ala r:Wi:'. /'t- . . aHect or modify the Unsncial teL1ll11 of thill Agreement, Thill Agreement IIhall be incorporated in but IIhall not merge into any such judgment or decree of final divorce, but shall be incorporatod for the purpose or enforcement only, C, MUTUAL CONSBNT DIVORCE The parties agree and acknowledge that their marriage is irretrievably broken, that they do not deBir.e marital counBeling, and that they both consent to the entry of a decree in divorce purBuant to 23 Pa.C,S.A, Section 3301(c) , Accordingly, both parties agree to forthwith execute such consents, aff idavits, or other documents and to direct their respflctive attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to flaid 23 Pa,C,S.A. Section 3301(c). Upon requeBt, to the extent permitted by law and the applicl,lble Rules of Civil Procedure, the named defendant in Buch divorce action shall execute any waivers of notice or other waivers necesBary to expedite such divorce. 10. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the pOBsession of Husband as of September 10, 1996, shall be the sole and separate property of HUlllband; and Husband agrees that all of the property in the possession of Wife as of September 10, 1996, shall be the sole 7 Initials~:H~ 11,(. c: and suparate property of Wife, The par.ties do hereby specifically weive, release, renounce and forever abandon whatever claims, if any, he or ohe may have with reopect to the above items which shall become the sole and separate property of the other, 11. DIVISION-OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as followsl Soth parties shall retain the motor vehicle presently in their possession, more specifically husband shall retain the 1985 Chevrolet Slazer, Wife shall retain the 1996 Plymouth Sreeze and the 1984 Pl.ymouth Voyager. The titles to the said motor vehicles shall be executed by the part ies, if appropriate, for ef fectuating tranlJfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, 12, AFTER-ACOUIRED PERSONAL PROPERTY Bach of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or he after August 10, 1996, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all 8 Initials ~)t ,(c.E. ~, ~ll d~bts ftssooiat~d with the motor vehiole in Husband 's pouesBion at the time of th~ partien aeparation exoept aa Bet forth in paragraph 5 herein and "xhibit "A" attached hereto. 16, LEGAL FEES Baoh party is responsible for their own legal fees with respect to thia matter, 16, PENSION PROGRAM Huaband and Wife are the ownera of certain pension plans and(or retirement plans and(or employee atock and savings plans, which they have accumulated during their courae of employment, It is hereby specifically agreed that Husband shall transfer one-half (1(2) of hia retirement(pension to wife in connection with husband's retirement account with the United Statea Military/ Department of Defense, hereinafter referred to as "Wife's one-half (1/2) of Penaion" , Huaband hereby agreea to execute a Qualified Domestic Relations Order (QDRO) to effect the transfer of theBe funds, and said QDRO Bhall be entered along with the entry of the decree in divorce, Huaband shall execute said QDRO upon wi fe's r.equl!lst, Said QDRO shall be filed with the said plan administrator, Except as may be set forth more particularly in other paragraphs of this agreement, Husband and wife each Ahall for ever relinquiah to the other his or 10 1/ C." Initialsf",'t c tlli.::.. her right, title or intereat in all other pendon planll and/or retirement plans and(or employee stock and savings plan, as well as all other employment benefits, of the other. 'rhe partJ.es agree to execute any and all documentation necessal."Y to effectuat.e the terms her~in contained. Until such time as the Qualified Domestic Relations Order (QDRO) is prepared, signed, entered as an ol."der and adopted by The Plan Administl."ator, Husband shall continue , via automatic bank transfer, to fOl."ward Wife's one-half (1(2) of pension as set forth herein to Wife, 17, MISCELLANEOUS The parties believe and agl."ee, that the division of property hereto made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promisl!ls not to talte any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns, 18. CHILD SUPPORT Husband agrees to pay wife four hundred-fifty ($450,00) dollars per month for child support for three (3) children, Randi 11 Initials ~ fi~,-I.: J, Jlberts, born July 26, 19116, Katherine A. Eberts, born May 20, 1983 and Amanda B. Bberts, born Octobe~ 1, 1979 hereinafter referred to as the "CHILDRBN". Husband agrees that the aforementioned child support payment shall be paid out of Husband' II half of hiB Department of Defense Pension, via an automatic banking transfer into Wife's cheoking account, In addition to the aforesaid child support, Father agrees to pay one-half (1(2) of expenDes associated with the children's hobbies, extra cu~riculum activities and Clothing. In addition to the above, Father agreea to pay for one~half (1(2) of the children's post-secondary(college education and expenses associated therewith. Mother and Father agree to be responsible for. the children's uninsured medical and dental expenses in the following manner one- half (1/2) by Father and one-half (1(2) by Mother. 19. INSURANCE A, Health Insurance - Husband agrees to provide health care insurance for Wife in the same form and type present.ly provided until such time as it is mutually agreed upon otherwise, B, Life Insurance - Husbsnd ahall name wife as the sole beneficiary of any life insurance policy currently existing 12 Initials ~ J1('t. including any insurance policies through the Department ot Petenle, Wite cannot be removed as Bole beneticiary of said policy without her prior written approval, 20, GiNBBAL PROVISIONS A, WARRANTY AS 'ro BXISTING OULIGATIONS Rach party represents that they have not heretofore incurred or contraoted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided tor in this Agreement" Bach party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obl igations of every kind which may have heretofore been incurred by them, including those for necessities, exoept for the obligatiolls arising out of this Agreement, B, WARRANTY AS TO FUTURB OSLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise epecifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVBRABILITY If any term, condition, clause, or provision of this Agreement shall be determined or declared to be 13 Initials lel'i IIrfe- void or invalid in law or otherwiae, then only that tel."ll'I, condition, cbuse, or provision shall be stricken from this Agreement and in al other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs her.ein, with the /Jxception of the satisfaction of the conditions preoedent, shall in no way voJ.d or alter the remaining obligations of the partiee. P. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any Ilnd all written instruments, assignments, releaeee, satinfactione, deede, notes, applications or such other writings ae may be neceesary or desirable for the proper effectuation of thin Agreement, and as their reepective counsel ehall mutually agree ehould be eo executed in order to carry out fully and effectively the terme of thie Agreement. E. ENTIRE AGREEMENT - Thie Agreement contains the entire understanding of the parties, and there are no repree~ntations, warranties, covenante, or undertakings other than those expressly Bet forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terme hereof ehall be valid unleeB in writing and eigned by both parties and no waiver of any breach 14 Initials ~/c ,(,ft~ hereot or detault hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and trom time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further inBtruments and/or documents that the other party may reasonably requiro for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of pennsyl vania. Husband agreeD that hia rights under th~ Soldierll and Sailors civil Relief Act if applicable have been observed, and to the extent they may not have been observed have been waived by Husband. I. INCORPORATION OF AGREEMENT FOR ENFORCEMENT This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is 15 Initiah HE !J~'t: entered in any other jurisdiction, the parties agree to incorpQrate this Agr,ement in the Divorce Decree for purposes of entoroement, It is the speoific intent of the partiu to be bOUltd by the provisions hereof in lieu of any other claim or order of. support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other claim for relief which might be brought by either party against the other, or with regard to any other provision hereof. In the event that any final order of court is entered in any juriadiction with reapect to the parties hereto whioh is contrary to the provisions hereof, then the rightB and responsibilities of each of the parties hereto ahall be relieved or adjuated to the extent neceasary to conform to this Agreement. J. BINDING EFFECT - Except as otherwise stated herein, this Agreement ahall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administratora, successors, and assigna. K. NO WAIVER OR DEFAULT - Thia Agreement ahall remain in full force and effect unlesB and until terminated under and purouant to the terms of thia Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party 16 Initials {~4 E: Jl'tYe \ hereatter to enforce the same, nor shall the waive~ o~ ftny breach of all)' provision hereof be oonstrued fiB a waiver of any subsequent dctfault of the same or similar naturQ, nor shall it be construed as a waiver of st~ict performance of any other obligations herein. L, HRADINGS NO'r PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. M. ADDRESS OF PARTIES - Each party ehall at all times keep the other informed of his or her place of residence, and shall p~omptly notify the other of any change, giving the address of the new place ot residence, N. WAIVER OF CLAIMS AGAINST ESTATES - Bxcept as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow'B allowance, homestead rights, right to take in intestacy, right to take against the will 17 Initials ~f~ ~ , , , it; VI >. >Ii 'I:': r. t~ .~;.~ ~"' 1 I"..) I.J If ".:' (d t~l: 'f', U.' "":.} d", , " .<1' , ') (;~ : " - ,Jl!, I " ::jfJ! lc' , . , f' ~, . ,. "/ J 1.:, (I , , , , '. liil " " , " " , ' , , , , , , , " , ! I , , " , , , , , , ,Ii , , " , , '" , , , " , ,,' , , " , , I, I: 'I, " ,I , i' " , J. " II' o KIM A. BDBRTS, l'LAINTI" v. t IN mB COURT O' COfM)N l'LBAB t Ct1MBBRLAND COUNTY, PBNNSYLVANIA : NO. t 'It.. -I I If, et",J. '1:,...... I I I CIVIL ACTION - LAW I DIVORcR ACTION RANDALL G. BBBRTS, DB'BNOAN'l' COMPLAINT IN DT-VORCB UtiDJIR SBCTION 3301 1.cL OR. SBc-rION 3301 (01 OP TltR D1VORCB COOB AND NOW comell the above Plaintiff, Kim A. Ebertll, by her attorney, Michael J. Pykosh, Attorney at Law, and seekll to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth I 1. The Plai.ntiff, Kim A. Ebartll, is an adult individual who residell at 1951 Lennox Street, CaMp Hill, Pennsylvania 17011. 2. The Defendant, Randall G, Eberts, ill an adult individual who rellides at 1951 Lennox Street, Camp Hill, Pennsylvania 17011. 3. The Plaintiff and Defendant are bona fide resident of the Commonwealth of Pennsylvania for at leaet llix (6) monthll immediately prior to the filing of thill Complaint. 4. The Plaintiff and Defendant were married on September 25, 1982 in Harrisburg, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United Statell of America. 6. The Plaintiff and DefendBnt are not members of the Armed Services ot the United States or any of its allies, 7, Plaintiff has been advised of the availability of counseling and that she and Pefondant may have the right to request that the Court require the parties to participate in such counseling. B, The partifts may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is ex~cuted by the parties, the agreement may be incorporated by the court into the Pinal Decree of Divorce. COUNT I Request for Divorce Pue to Irretrievable Breakdown Under 3301 (c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth i~ full. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff hae been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counaeling. ""BRlVORB, if both partieQ file affidavitB to a divor.ae after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Pearee of Pivorce, pursuant to 3301 (c) of the Divoroe Code, "'aUNT II Request for Divorce Pue to Irretrievable Breakdown Under 3301 (dl of the Divorae Code 13. The prior paragrapho of this Complaint are incorporatijd herein by referencE! as though set forth in full. 14. The marriage of the parties is irretrievably broken. 15, After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affi~avit of having lived separate an apart. 16. Plaintiff hae been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to anticipate in such counseling. WHBRBFORB, if two (2) years have elapsed from the date of separation and Plaintiff hus filed her affidavit, Plaintiff respectfully requests the Court to enter Decree of Divorce, pursuant to 3301 (d) of the Divorce Code. . KIM A. IBlaTS, I IN THI COURT 0' CCHIOlf PLlWI PJiAIlfTIrP I CUMBBRLAND COUNTY, PJlNNSYLVAHIA I I NO.1 V. I I RANDALL G. BBBlTS, I CIVIL ACTION - LAW OB'INDANT I DIVORCR ACTION VBRIPICATION Plaintiff verifies that the statements made in this Complaint are true and correct, Plainti~t understands that false statements herein a~e made sUbject to the penalties ot 18 Pa. Cons. Stat. Sea. 4904, relating to unsworn falsitication to authorities. Patedl r~9~ , , .,I '11 ' f'~ Ia , [i"/.A: Bberts, Plaintift ' II \ ! I " I, ;) Iii , I " I ) ~, I , I I " , , J " " II, ',I " I , , I ',. I, , , I .... ~J ., I,~~ I.; f." lJ" .:\ ~ ~f f ..... '. ' c ~.:! ',::1 I II-'< , " , ~: ~~ I ....) I,a rd, -. ,~ rrl, l'J, "II~ '",' I, '). <.i ,( " If? 'j' t.' 11. '. " .1 I I . ..... 11'1 ( I'{~ , .j .. II', ." ~.r.; , .J \'-'" \\,r ". ~ , '\1" I ~ ,. , I,l't "1" 'r> , 1', \ \ I,,', I, ,,,.. 'dill " L. L.' ".).. \'; -.:.:.1 ;!J). , U. ~ CJ <I,; , ,I , 1:1 I I , I ., II; , I , " ;i , I 'j , ,I " 'I " I , I' I I II 'I " I. i. " I, " I I , I , ." I ,I I " , I jl