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HomeMy WebLinkAbout96-05027 "" ..... w ~ . ~ ~ ( j ; :.;f .. "".'. ,...<; "":_:;.;,:' .; -J ,Ii ".._~ " .-'1 .~~ ,~ ,:1i ':") : ~::;,~ . 4 PUSt C. a.4OCUn 4I1n.'" H.\ '"~ \... ".'.t-" aU'" C 'liIll' "ltl. p, '~lt ~ ~ . . MARRIAGE SETTLZMERT AGRI!:EMERT 'IBIS AGRI!:EMERT made this ~S~day of ~, 1997, by and between CHRISTIJO E, EZELL ("WIFE") of Shippensburg, Pennsylvania and ROY H, EZELL, III ("HUSBAND") of Auburn, Alabama. W IT. E S S I 'I B : WRR-EAS, the parties hereto are HUSBAND and WIFE, having been married on January 8, 199. in Cumberland County, Pennsylvania. There was one children born of this marriage: PAIGE ELLEN EZELL, born November 23, 1995. WBlRBAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for ... ... ~ -....... ..... . "'.. :r ~~~~4 n6~~ral lives, and the parties h~f:~v ~r~ desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and perlonal property; the settling of all matters between them relating to the pelt, present and future support, alimony and/or maintenance of WIrE by HUSBAND or of HUSBAND by WIrE: and in -1- . m~s' (; .~IlO In . It..."" AI LA'" t+tt ,t"~" ..,"'" . ,...., tH\' .. l~H .. .. . general, the settling of any and all claims and possible claims by one against the other or against their respective estates. .ON, THERErORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. I.CORPORATIO. or PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AOb~lf_ ~ A BAIl. 'rO DIVORCE PROCZZDIIICS. This Agreement shall not be considered to affect or bar the right of HUSBAND and WIn: to an al:Jllolute dIvorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and Ihall not be deemed to be condonation on the part of either party hereto of any act or acta on the part of the other party which have occasioned the disputes or unhappy differences which bave occurred or may occur subsequent to the date bereof. 3. DtvftIlelr 1l1tr1l1Ut. -2- . OHM t. R\tI( Iln 4'1U."',,'" '''> ..... "'""\tI- an\b "", tH1t ., l"'U ~ '" 4 . The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in WIFE'S Cumberland County divorce action docketed to number 96-5027 Civil Term, As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. ,. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided hels:n, thi. Agreement shall continue in f~~i f~~c~ and effect after such time as a final Decree in Divorce may be entered with respect to the parties. s. ADU-a.'!: 1'0 H I.COIlPORA'rED I. DlVORa DIC.ln!. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. I. _-ImAGD. .] - nUM c. unu IH AlIllll:\.UA"A" ,... '"'''tl I.."" f ,!lit, UIt I. " ~"'t1 .. 4 .. t. ADVICE 0.. COUllSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for WIFE, and EDWARD HARKER, ESQUIRE, for HUSBAND. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept 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 and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. "I...CIAL DII~'~IVIS. The parties confirm that each has relied on the sub.tantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there ha. been a full and fair di.cloaure of the parties' marital ....ts which has been provided to each party. 11. Drlll"u\.nae &lID Dlft or '1GI'1f"U'.,. I.lllll'tl. -~. DH~' G. IUl(l.Ut Anu..'" .. u_ .... ''''M' '~e 'fl.""'" ,\ t""MI ~ # . Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by eithel party upon the other or by any other person or persons upon either party. Given Baid underBtanding and acknowledgment, both parties hereby waive the following procedural right.: (a) The right to obtain an inventory and apprai...ent of all marital and leparate property a. defined by the Pennsylvania Divorce Code. -6- III "I C. 1.\11("" IIf -,.t".,t\ i.f t.\~ ~... '.1"". 11"n (.~,..It I "'~.l' . . . (b) The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. (c) The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. (d) The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. 12 . PERSO.AL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have previouqty divided their tangible peraona~ rroperL~ including, but without limitation, jewelry, clothea, furniture, furnishings, rugs, carpets, house-hold equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the po88ession of HUSBAND 8hall be the 80le and ..parate property of HUSBAND; and HUSBAND a9r... that all of the property in the polse88ion of WIFE shall be the 801e and separate property of WIFE. The parti.. do hereby -1- . . . 1'. DIVISIO. OF VEHICLES. With respect to the vehicles owned by one or both of the parties, they agree that the 1993 Ford Mustang LX shall be the sole and exclusive property of HUSBAND, The titles to said vehicle shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therdfor and ~~lj party further agrees to indemnify, prot~ct and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole end .eperate property of the other pursuant to the teras of this paragraph. 15 . ~ftU'l .&tI'..-. lln" (; "",ont """."'."'1__ \uio 1."fttt .~H" -9- I HiI.. H.It 1 ,,~.,.q D"",t: (; IUlJUUr A nO"ll.4 11.4"'. ht4 1."""" ...~.. I: ,.... "'" L ... ''*H . , HUSBAND shall pay WIFE the sum of Eight Thousand Dollars ($8,000,00) in sixty (60) equal monthly installments of $133,33 each, commencing six (6) months from the date of this agreement and on the same day of each month thereafter until paid in full. Payment shall be made by way of an irrevocable allotment from HUSBAND'S military pay, and if necessary to effectuate said allotment by way of a consentual Approved Domestic Relations Order (ADRO) to be executed by the parties and entered by the Court in WIFE'S aforesaid divorce action. In the event HUSBAND is no longer in the military and any sums due bereunder remain outstanding, HUSBAND shall pay said remaining sum by way of a wage attachment tbrough tbe Office of Domestic Relations of Cumberland County, Pennsylvania or any other county or state office, agency or court having jurisdiction to enter such a wage attachment. In the event tbe payments due hereunder cannot be effect~ated by ~ay of the aforesaid irrevocable allotment, ADRO or wage attachment or until said allotment, ADRO, or wage attachment is eatabliahed, HUSBAND shall make said payments directly to WIFI. -10- "" 'I: c.. .."1(] In H \II.'"~II''' \.... 1'-1"'" .,u.n . 'lilt" Ult t "t'ut! . 16. BACH PARTY RETAINS OWN PENSION PLANS. Except as otherwise specifically herein provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. 17. DIVISION OF BAlIX ACCOUll'l'S/nocx/LIFE INSURAlICE. The parties acknowledge and agree that they have previou&lr di~td~ to their mutual satisfaction all of theil bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the poueuion of HUSBAND shall becOllle the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA account., bonds, -1}- I\"~' (;. . ")(;Uff 'n....~II" I'" h'" ''''lHI a,\\u '~"""HI " f:'at1 . . shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE, Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 18. WAIVER OF InERITAIICE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 1'. ~'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and .ave HUS~ harmless from any and all claims -12- Ill". f. a.UlfUn "11 na" \ .., t .1_.'. !-Utl '."Mt atHo" (,;t' un I " .'''It . or demands made against him by reason of debts or obligations incurred by her, 20. BUSBARD'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 21. MARITAL DEBT. During the course of the marriage, HUSBAND and WIFE have incurred c~ttoin btll~ and obligations and have amassed a variety of debts, and it is hereby aqreed, without alcertaining for what purpose and to whose ule each of the billl were incurred, as follows: (a) HUSBAND shall aSlurne and be solely liable for all debts, obligations and liabilities incurred during the parties' marriage, For purposes of the foregoing, it i8 acknowledged that all credit cards, callings cards and vehicles are held ir. HUSBAND'S sole name. -13- (b) HUSBAND shall assume and be solely liable for any and all obligation, debt and liability arising out of the parties' joint Alabama apartment lease, and within thirty (30) days of the execution of this agreement HUSBAND shall cause that apartment lease to be transferred into his sole name, if said lease remains in effect, and shall further cause WIFE to be released from any and all liability under and as a result of said lease. (c) HUSBAND shall assume and be solely liable for any and all debt, obligation and liability arising out of the debt owed Marine Federal credit union for the purchase of the previously repossessed Ford Bronco. Husband shall pay said obligation in a timely and prompt manner, which payment shall be made by way of an allotment to be set \\P t:f\twcen HUSBAND and Marine Federal credit Union, which irrevocable allotment shall be junior in priority to the allotments to be established for the direct benefit end payment to Wife or on behalf of their minor child including. but not liaited to, payments on account of child support, ali80ny, college education and the monetary payment set forth herein. Within thirty (30) day. of the date of this agr....nt. HUsBAND shell secure the release of WIfE 1\1.'" (". ."Jeun '1In.,,,.,'II'''' ,",... ,_''fl'' ,,,,\,\ ,\'II,\\UI ,\\~n -14- m4M G. RAOCUn 4nOa:<<n-H.I<AW ,.... t ..'"" I~. 'A"""UI."''!'Wll . from any and all liability under the said Marine Federal Credit Union vehicle debt so that WIFE is relieved from any and all liability and obligation thereunder. HUSBAND agrees to protect and hold WIFE harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of WIFE. Any joint charge or other credit accounts of the parties shall be canceled and closed so that neither party can make any further charges thereunder and if said charges are made in violation of this Agreement than the party incurring said charge shall immediately repay the same, 22 . BAJlJ[RUP'lC'f . The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event :1 pt'rty flles such bankruptcy and pursuant thereto obtains a discharge of any obligations as.umed hereunder, the other party .hall have the right to terminate this Agreement in which event the divi.ion of the parties' marital a..et. and all other right. determined by this Agreement shall be subject to court determination the eame a. if this Agreement had never been entered into, -15- 01.\" G. UhC.l1H . ""."H ..t.ILU. ...... '.",,"t' an, a t ~.. "HI "1....11 23. I.COMB TAX PRIOR Rl!:TU1UIS. The parties have heretofore filed joint federal and state returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 2&. rIIIAL EOUITABLE DIS'l'RIBU'l'IOR or PROPER'l'Y. The parties agree that the di~ision of all property set forth in this Agreement is equitable and as part of WIFE's aforesaid action in divorce, both partie. relinquish the right to divide Baid property in any manner not consistent with the terms Bet forth herein, It is further the intent, understanding and agreement of the parties that thie Agreement is a full, final, complete and equitable property divialon. -16- nUNI. G aAocun ~ rll..,.n.AI .U," 't4.. tll'nt. lOtI' t' u....It I " l"'ail 25. ALlMOIIY. SUPPORT lUID COSTS. (a) Within thirty (30) days of the date of this Agreement, HUSBAND shall pay WIFE the sum of Three Hundred Dollars ($300.00) on account of the attorneys fees and costs incurred as the result of the dissolution of their marriage, (b) HUSBAND shall pay WIFE the alimony set forth in Paragraph 28 herein. (C) Otherwise, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for additional alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. u. CUB'fODY. WIFE shall have primary custody or the parties' minor child PAIGE ELLEN EZELL, HUSBAND shall have no visitation or partial custody rights with the Child until such time as he completes appropriate training or counseling for anger control and parenting skills with a licensed and qualified psychologist, counselor or therapist, which training and/or counseling shall be subject to WIFE'S approval and satisfaction, Upon completion of sald training and/or counseling, HUSBAND shall have rights of visitation and/or -17- DU:-it G a~'DCUn HTOl'H.H.14_ twt l..,-IiN I al'l\ft t,,,,tU,,.,,P"H partial custody rights under the following set forth terms and conditions: (a) One weekend per month to be supervised by WIFE until, in WIFE'S discretion, WIFE believes that said visitation may be supervised by another family member in which event said rights may be exercised under the supervision of said other family member to be approved by WIFE, including, but not limited to, HUSBAND'S parents. (b) Upon the completion of the supervised period, the appropriate length of which is to be determined by WIFE, the parties will discuss the custodial situation between them and arrive at an agreement as to Husband's future partial custodial rights, which at a minimun shall include alternating major holidays and two weeks during the summer. (c) All visitation or partial custody rights for HUSBAND shall be under and subject to the following requirements and restrictions: (1) HUSBAND may not remove the ChIld from the state in which the WIFE and Child are residing without the express written permission of WIFE. (2) HUSBAND's visitation and partiel custody rights shall not interfere with any actlvltles In -18- llt.'SI c.. IAOCUU un~'n.u-t.\W .... '.1""" an",,, <<_,.'""'. ,.. ,"11 which the child is involved during her school years, (3) Forty eight (48) hours advance notice shall be required as a condition of the exercise of any visitation or partial custodial period, 27 . CHILD SUPPOR'l, commencing on the first day of the first full month following the date of this Agreement and until the later of the parties' Child, PAIGE ELLEN EZELL, reaching age 18, or three months after her graduation from high school, HUSBAND shall pay WIFE child support. For the period of five (5) years from the date of this Agreement, said support shall be calculated as an amount equal to twenty five (25\) percent of his gross pay including his base pay, BAQ and VHA, (or in the event he is no longer in the military, his gross compensation befor~ an~ 1~uctions). Commencing with year six (6) ~nd GU long as a child support obligation remains, the payment percentage shall increase from twenty five (25\> percent to thirty (30\> percent of his gross pay, defined as aforesaid, Since said obligation is based on gross wages, it shall increase or fluctuate as HUSBAND'S gross pay increases or fluctuates, for any reason what.oever, including incre.s.s from cost of living adju.tments and/or payor merit raised and/or bonus.s. payment of the child support shall be due on -19- nUSl. G. uno In U~ll.'" .\114_ .... ,.",\,, an.." , 'lI' Kn I. p, I~H or before the first day of the month for the month in advance and shall be made by way of an irrevocable allotment from HUSBAND'S military pay, and if necessary to effectuate said allotment, by way of a consentual Approved Domestic Relations Order (ADRO) to be executed by the parties and entered by the Court in WIFE'S aforesaid Cumberland County, Pennsylvania divorce action. In the event HUSBAND is no longer in the military and his obligation to pay child support remains outstanding, HUSBAND shall then pay his child support obligation aforesaid by way of a wage attachment through the Office of Domestic Relations of Cumberland County, Pennsylvania, or any other county or state office, agency or court having jurisdiction to enter such a wage attachment. In the event the payment of child support cannot be effectuated by way of allotment, ADRO, or wage attachment, or until laid oll lotment, ADRO, or wage attachment Cdn bfl eltablilhed, Husband shall make laid child support payments directly to WIFE, 21. auNOIn'. COlIlIIIencing on the first day of the fint full l\IOnth following the date of this Agreement and for a period of five (5) yean, or until the death of either party or WIFE'S re..rriage, whichever shall first occur, HUSlAND shall pey WIFE as AlillOny an aBlOunt to be calculated a. ten (10\) -20- DI.\\ J. (;. a.\llCUH ~nn."I\.."U" .,.. u,,,t\t t "U,ft t ,-., tUU . "'11 percent of his gross pay, including base pay, BAQ and VHA (or if HUSBAND is not in the military, ten (10\) percent of his gross compensation before deductions). Since said payment is based on HUSBAND'S gross income it shall increase or fluctuate as his income increases or fluctuates for any reason whatsoever, including, but not limited to, increases resulting from cost of living adjustments and/or payor merit raises and/or bonuses. The payments aforesaid are intended by the parties to qualify as a alimony payment as that term is defined by the Internal Revenue Code, and as such they shall be deductible by HUSBAND from his income on his applicable income tax returns and shall be includeable as income by WIFE on her applicable income tax returns. Neither party shall take any action that would negate the income tax treatment aforesaid without the express written consent of the othllr part.y. The payment of the Alimony shall be made by way of an irrevocable allotment from HUSBAND'S military pay, and if necessary to effectuate said allotment by way of a consentual Approved Domestic Reletions Order (ADRO) to be executed by the parties and entered by the Court in WIFE'S aforesaid CUmberland County, Pennlylvania divorce action. In the event HUSBAND 11 no lOlllJU in the ailitary and any alll80ny due bereunder remains outstanding, Husband sball pay laid -21- nust c. aAOCUff 41Tu.'n.U.I.'" h"'1""II""I\\llo,,1) ("~'HHI."I"\1 remaining alimony by way of a wage attachment through the Office of Domestic Relations of Cumberland County, Pennsylvania, or any other county or state office, agency or Court having jurisdiction to enter such a wage attachment, In the event the payments due hereunder cannot be effectuated by way of an allotment, ADRO, or wage attachment aforesaid, or until said allotment, ADRO, or wage attachment can be established, HUSBAND shall pay said sums directly to WIFE. 29. POST SECOIIDARY EDUCATIORAL EIPDSES. The parties acknowledge and agree that a post secondary education for their child, PAIGE ELLEN EZELL, is desirable and beneficial. To fund said education the parties agree as follows: (a) Each party shall pay fifty (50\) percent of the post secondary educational expenses, whether said expen&es be incurred for an undergraduate col!~ge education or an equivalent post secondary vocational education, including but not limited to the expenses incurred for room and board, tuition, books, fees, supplies and reasonable expenses for transportation and personal expenses, but excluding any costs and expenses for non-academic extrecurricular activities unl.ss autually agreed upon by the perties. -22- (b) Within 30 days of the date HUSBAND graduates from the college he is currently attending, or 30 days from the date HUSBAND fails to be matriculated on a full time basis in said college, whichever shall first occur, WIFE shall establish an educational account for the parties' Child, Commencing with said date, HUSBAND shall pay to WIFE, who shall deposit into the educational account, the amount of $100.00 per month until the Child graduates from college, or from the post secondary vocational educational institutions, or reaches age 25, whichever shall first occur. (c) The aforesaid educational account contribution shall be made by HUSBAND by way of an irrevocable allotment from HUSBAND'S military pay, and if necessary to effectuate said allotment, by way of a consentual Approved Domelti~ kelatJons Order (lORD) to be executed by the parties and entered by the Court in WIFE'S aforesaid divorce action, In the event HUSBAND is no longer in the military and his obligation to contribute to the educational account continue., then HUSBAND shall ..b aald contribution by way of a wage attachment through the Office of Dome.tic aelation' of Cumberland COunty Penn.ylvania, or any other county or ,ate office, agency or court havIng jurladlction to enter a wage DUSt G, aAlXJJn A tfU."",' fU," k_ ,."nu It''-_ ,,,11II, tUt I, t. t'9t. -21- attachment, In the event the contributions hereunder cannot be made by way of an allotment, ADRO, or attachment as contemplated aforesaid, then HUSBAND shall make the payments directly to WIFE. (d) The educational account shall be managed by Frank E. Koser, II, and/or the Orrstown Bank, as may hereafter ben elected by the parties in the capacity as Trustee for the Child who shall make expenditures from the account only for the educational purposes described aforesaid, HUSBAND shall be provided with an accounting of all of the educational account activity on an annual basis. (e) In the event there are any funds remaining in the account at the time of the termination of HUSBAND'S obligation to make contributions as aforesaid, then said remaining fnnds sholl be retulned and distributed to HUSBAND . (f) In the event the funds in the account are at anytime insufficient to pay HUSBAND'S 50' share aforesaid , the HUSBAND shall pay WIn: the deficit immediately upon request. (V) The perties shall keep each other infoned as to all decisions reqardinq the selection of the post .econdary educational lnstltutloD aDd the coats and llUM (. .."'1:1.1" Uloa"".U.I..\" .... t.t,~. I:f"* ~ 'v. MH' ","'u -24- nt", (;. u.ocun 4 n OaM \ ...,....... ,... '."lll I .tUD I "",..Ut ., ,-,... expenses to be incurred to fund said education, As long as a party is contributing to said educational expenses that party shall be entitled to information and documentation as to the child's educational and academic progress. 30. LIPB IRSURARCB. HUSBAND shall designate the parties' Child, PAIGE ELLEN EZELL, as irrevocable beneficiary of the death benefits of his existing $200,000,00 life insurance policy, until the Child reaches age 25. The benefits shall be utilized by WIFE for the support, maintenance, and education of the Child, with any excess being paid to the Child when she reaches age 25, If the current policy extinguishes, lapses, or is unavailable for any reason whatsoever, then HUSBAND shall obtain an equivalent replacement policy with the beneficiary to be made as aforesaid. HUSBAND .h~ll provide WIFE with proof of said beneficiary designation upon reasonable request. To the extent permitted by the policy, HUSBAND shall elect to have the insurance company provided WIFE with notification of any lapse in coverage, cancellation of the policy or chanqe in beneficiary designation within 15 days of the occurrence thereof. HUSBAND'S obliqation. undsr this Paraqraph shall terminate when the Child reache. age 25, and -25- thereupon HUSBAND shall be at liberty to cancel the policy or change the beneficiary as he deems appropriate 31. MEDICAL ZXPZNSZS AND INS~CZ. HUSBAND shall maintain Champus/Tri-Care medical insurance coverage on the parties' Child, PAIGE ELLEN EZELL, so long as he remains in the military and she remains eligible thereunder. HUSBAND shall send all updated insurance information to WIFE to insure that said insurance is being used properly and to its greatest advantage. Once HUSBAND'S military service terminates or when said coverage is no longer available, HUSBAND shall obtain medical, dental and optical insurance for the benefit and coverage of the Child, which insurance shall have coverage equivalent to that of the current coverage. HUSBAND will supply WIFE will all necessary insurance forms and documents to process appropriate insurance claims. The parties shall each pay 50' of any medical , dental and optical expenses for the Child that are not covered or reimbursable by the insurance. HUSBAND shall pay hiB 50' share to WIFE as each expense is incurred and shall be entitled to 50' of any SUIllS that are reimbursed by the in.urane. carrier. n. IJtCCIIIR IIIFOIlN&'l'tOL Ol\~l (; a.\ocun . nlot!.~l\ \11.\" -26- .... ,."1\,, an,,, _,-.. MU t Pit. ''''''it HUSBAND will provided WIFE with a copy of his W-2 statement and his Leave and Earning Statement (LES) (or in the event HUSBAND is no longer in the military, his W-2 statement and pay stub) in January and July of each year that he has any obligation hereunder. In addition HUSBAND shall provide said LES (or pay stub) within 30 days of any date that HUSBAND receives a pay increase, promotion or job transfer 33. MILITARY COIl'l'ACT. WIFE shall not contact HUSBAND'S military superiors except and unless HUSBAND is in default of the terms of this Agreement. The foregoing notwithstanding, WIFE shall be permitted to make contact at any time pertaining to matters relating to or concerning emergency health care, insurance, sponsorship, DIERS enrollment, ID cards and the like. 3&. MILt'l'ARY IPOaSOISIIP. HUSBAND shall sponsor the Child, Paige Ellen Ezell, as a dependent through the military and shall cooperate with WIFE to obtain any and all benefits for the Child that result from said sponsorship and dependency. 35. ____to RIGftII. HUSBAND and WIFE may and shall, at all time. har.after, live separate and apart. They shall be free from any control, restraint, lnterference or authorlty, direct or nl.\~ll;. IAoc.un AIItIU,l\.\l.U" -27- .... 1"'",' a"". f .un Mil 1 't I~it m\~f (. I.,ocun '11t1<<'1\.\1.1 \" 'u. la"tlt' .,.~" ( "'" HU t ""11 indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 36. ~AL REI..IUIIS. HUSBAND and WIFE 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 any from any and all rights, title And interests, or claims in O~ ~gainct th~ pr~perty (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 he or she 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 act., contract., engagement. or liabilitie. of .uch other or by way of dower or curt.sy, or claim. in ths nature of dower or curtsey or widow', or widower's rights, faaily .2ft. . . nt\SI C;. 1.\II(:Un .HTII.... ll. H.""" 'ui J I.l'-nt 1 aruul . t'lill"HIlI. t, P~HI . . 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 (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to ea~h o~~er by the execution of 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 other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may aris. under this Agreement or for the breach of any provi.ions thereof. .29. , . [\"~ll; 8.\l'on Iff 11 111<<'" H U" WI4 I 1..-'tl4. ..utt. (t,"'HHI',P.U . . 37. IfAIVlR OR MODIFICATION TO BB IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 3.. ~AL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 31. &QDIUIKJlT BIIIDIIIG 011 IIBID. This Agreement shall be binding ".ld shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. .0. tIl'ftQU'l'IOII . Thi. Agreement constitutes the entire understanding of the partie. and supersedes any and all prior agreements and negotiation. between them. There are no repre.entations or warrantie. other than those expre..ly .et forth herein. -10- m'~l (; a\OCllff U.....l..." " .__ '"" J ."m. IhHIt . ,,,,pM'" '_t~l . . '1. OTBBR DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. u . .0 WAIVER OF DBFAULT. 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 any of the provisions of this Agreement shall in no way affect the right or such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. '3. ....aCll. If for any reason either HUSBAND or WIrE fail. to perform hi. or her obligations owed to or for the benefit of the other party and/or otherwise breach.. the terms of this -31- III'~I I; . "I( lilt '" 10.'" \. t ,"'. It,. t U"~t. .'HO . t.'lIIP HU' .... 1"'1\ , . Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. IC) the right to all remedies set fort~ in Sec~i~n 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: (1) the entry of judgement; (2) the authorilation of the taking and seizure of goods and chattel. and collection of -32- >. .... .. (': ~, W '1 lU~'_ (l- .: r:..: ....:: ~ ~.- a. .:-) , .~ I ~ c.:' >- , '..J i: } ,~ u.. . . ~ .... -' en lj . . .. ., . ~ co .,.. C"l ,- . ,:: iil 1., c \'1t )~ .,.: ,....~ .... ~i- 4>C .;~ '. CO It- I '\ ~... ~ ft". ... ";.~ ~: ' ~ ~ ~ ~ ,.. l:1' \. CHRISTIJO EZELL, PlaintilT, ,i I ROY H. EZELL,V~n. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 96- 50 oil '1 CML TERM : CML ACTION. LAW ; IN DIVORCE I , COMPLAINT IN DIVORCE I I I 1. PlaintilT is ChristiJo EzeD, an adult individual, currently residinr at 1 Koeer Hoed. I I [I Sbippenaburr. Cumberland County, Pennsylvania. I. il 2. Defendant is Roy H. EzeD, m. an adult individual, currently residinr at 1355 Conunerce ,I : i Drive, Apertment 403, Auburn, Alabama. I' .1 iI 3. PlaintilT and Defendant are bonaI"lde reaidenta ohile Commonwealth of PenosyIvania and l! " i j have been ao for at Jeaat six months immediately previouI to the flIinr of this complaint. li ;1 ,. I 4. PlaintilT and Defendant were IIIlIrried on JanUlllY 8, 1994 in Cumberland County. , I; i I Pennsylvania. 1\ ii 6. " " '1 6- :! H iI !i 7. i: !1 There have been no prior actions for divorce or annulment between the puties. The Defendant is. member of the United SlatI!tI Marine Qlrpe. The PlaintilThaa been..m.ed of the availability of eounwIinC and the ricbt to request that :: the Court require the parties to participate in eounwIinC. KnowlnI this, the PlaintilT does not deaIre that !! ii the Court require the parties to participate in counaeIinI. ii I' ;! 8. PlaintilT and Defendant are cili_ of the United Stat. of Ameril& 9. The parties ~ lived lIepII'lIte and apart ~ JWte. 1996 and c:ontinue to 1M eeparate i and apart _ of the date of this ComplUlI. 10. The parties' ~ ill ~ breIt_ 11. PlainlifI'deWes. ~ '-d IIpIlft the beWtbat DeftndIIIM will tftet nIMt1. fram the date of the ... of tI1ia C~ _11\ to this~. ~ -- lr> I" F. j' w' ;.~ v' F . ", C' , L" 1..:-.: - ,.- t c.: , ~ \ .'''' ,. (~ . /"\ T\ i t ~ ~ . , , ;"-,,,: ~ " " j .- Q ~ '::'l .' 0"- '.1 .... ~ <I Ii) o !II "' c:- :t' Q" ~~ ~~ Il~~;~;~~,- ... u"'_:.i'~;~~~~;;;;>'~ .. . -,' '. DJAN& G.'Jl.uv'r.tq, ''''", ,.,....... - .' ;1';:":":', . Ami1im' AT LAw ': 'nIll-......PdAilP.fIlU\D: . - ..:,,: '~~;;~;:~t~:~~~~ii~S'..~ ~~~1~.,~,~,:,~::'j/!C'~:'~:~~:';c;~:;;;2 ~~,t-.~~l,'" :""/:,;:e:~j~ v. IN THE COUR OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5027 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CHRISTIJO EZELL, Plaintiff ROY H. EZELL, III, Defendant . . AFFIDAVIT OF CO.S.-T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 11, 1996 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penaltie. of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: L/-1'..l qL ..... \l) Ie ;- ;' CO"; " ~r ~ 'i ,,~ '- !~. ~ ~ ~.:.j @'" CO :6 ., I " ,'J ;i~ >- .,~ ... -1 lie ~ :t.: -. ,... S en f..l ~,~~:~ . - I..\W onJCa Dwm ,G. R4DCLIJr . 'ATIlIIIlZYAT LAw . c:....Tdadle .... ,CaIIlpHID. .rA 17011 ',-. ,.....'....,. ...-.... .. , ,,' '~ '. DO N_ ,cllllT1,., 'l'NAT '1M'" : 1."~AHDClCI_~OP .", ',.'lM1l CII!I"""'" PILID OItlllClDlllL: , '., ~Dl.u.. ..lW/llU,... " : , ...~;,;', "'. ~_. ,.<<~:~ :".."'~t~~.t'-<':~:~}]i/};;!'t:~-~:,', -,' .-, -.... CHRISTIJO EZELL, Plaintiff IN THE COUR OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5027 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. ROY H. EZELL, III, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lcl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements mad. in this Affidavit are trlle and correct. I understand that fal.. statement. herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to un.worn fal.ification to authoritie.. Dated I L./ /5 9'/ >- r- (:. 0; M . .~ ';;$ ~ iiJ ~~' . I ..- ..~ a;L :a -- ~~ ~.. ~ ::.J <: CD ;(i; .. I 'j;'.: we. j~ !:r\C' >- . . ," 0< ,t} " x: ~ Ll- t- U Cl'I ~ U') . . ;tt.:l~' 19 C:) 1':Ii !:, '2" .:3~ f':' '-:11 ~ ~...~ .... ~. ~ .:it . & b; '~..' . :"J<clJi "." _ .' _M - .... . 14" '.' ol'S J~li ~ "tI &~ . . . . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-5027 CML TERM CHRISTIJO EZELL, Plalntifl'. ROY H. E7.F.T.T, m. Defendant : CIVIL ACTION. LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I eerved . c:ertirJed copy or the Divon:e Compl8int and Custody Compl8int 61ed in the above caplioned rase upon Roy H. Ezell, m. by c:ertifIed mail, return receipt II requested on September 19. 1996 addrrr d Co : Ii Roy H. Ezell, m. Ii 1355 c....n_~ Drive II Apartment 403 I Auburn, AL 36830 II and did thereefter receive lIlIIIIe U evidenced by the attached POlIt OtrJce receipt card dated September , !i 23. 1996. !i !I I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE !t 11 ARE TRUE AND CORRECl' TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BEIJEF. I II UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECI'TO THE PENALTIES 11 OF 18 PAC.s. SEC'I'ION 49CM RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. I, :I I' il Ii LAW OmCES OF RON TURO !I , q :j / '; f/:~: ) DlIte j ~ ''''/. /1 ./ /." , ~J.,~~~.~fl 32 80uth Bedford Street CwliaIe. PA 11013 ('rtn W 88lII ""'"'" fill' PWntiI1' i: j, ~ \ (I " " , " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. ~f..'-5C:.l'1 CMLTERM : CML ACTION. CUSTODY CHRlSTLJO EZELL, PlaintiIT ROY H. EZELL, ill, Defendant ORDER OF COURT AND NOW, lhis ~ day or S i 11\' '1\ I,. " , 1996, upon consideration of the atlached Complaint, it is hereby directed that the parties and their respective counsel appear before \1<,\",," ~ (....,\f"f t'", ,theeonci1iator,at YI" f'J"..... ("..,b t. (<",1';",0, . onthe~dayor ."" t,;b'T ,1996,a( JD3- !J...M. . for a Pre- Hearing Custocl.1 Conference. At sucl1 Conference, an ef1'ort will be made to resolve the issues in dispule; or if this CIIJUIOl be 8CI:OIIIptished to defme and narrow the issues to be heard by the Court, and to enter into a temporary order. An chiJdren age rIVe or older ~ be present at the Conference, Failure to appear at the Conference may provide llfOWlda for entry or a lemporlll')' or permanent order. Pending said ~chiJd shall remain in ~ rJother'l custody ~party may remove the dIiId from the CaaImql(~ or PennsyMmia wi~ approval or~Court. FOR TIlE COURT, By: ~ ,A" L . {/~~ (..:.... J~ t7.t-;-:c, _ Custocl.1 Conciliator r:.O#JY-) / The Court or Common PINs or Cumberland County ia required by Ia", to comply with the AmericanlI with 0isabiIitles Art or 1990, For informatiDO about At<.! I j),je r.:iIitlea and I'MlIOIIlIbIe K'CtllDIIlCIdat nai1abIe to diahIed indiYiduaJa havinI businea before the Court. pIesR rontart our oftft. A11llr1'11ft1'!D1eta muat be made alleut 72 houri prior 10 lII1Y heerinc or businea before the Court. You IIlUIt Utend the ~ ronference or heetlna. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFfORD Om:. GO TO OR TELEPHONE TIlE orncz SET FORTH BELOW TO FIND OUT WlllRE YOU CA.'i Gf:T LEGAL HELP, Oft'ft or the Court AdminiIIlratca' ~ C.-ty Ceurt~ FlIUI'lh "-' c.w.. PA 11013 (711\240-6200 I CHRISTLJO EZELL, Plalntilr, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. .,t., '"".; 1 CIVIL TERM ROY H. EZELL, m. Defendant : CIVIL ACl'ION . CUSTODY Ii B II l!Im il 'I Ii L. Gerald " Marjorie H. Sboap II . mother " ,I Father and Mother Addrfta 7~ PNRpeCt Drive SbippensburJ. P A D!1c 11123196 to 1J2:W6 if ,1 ISM Coa....."u Drive Aubum, #Ok....... 1J23.1I6 to 15I4Jll6 'I Mother" wife'. family I Ko.r Hoed ShippeMbura. PA 15I4Jll6 to pr_lIt 6. 1bt natural mother of the dWd \a OvialUo Eaell. t\II'ftt1t1,y r ~lC at the .-bo.l It..... lIddna. T. 1bt natUl'lll rather of the dWd III Roy tl. EuI1.lIl. NI'fftItI,y ,4!.oidiI1I at the abo\( ...,... .~....a.. a. 1bt ~ ell'" I'tainlil'f to the dWd III that el MlUl'IlI mot.Iw1r. &, 1bt ~ of the lWffldant 10 ,... rhiId \a ,hat of MlUl'IlI ~, , 10. The Plaintiff has not plU'ticipsLed as a party or in any other capacity, in other litigation c:oncernlni the custody of the child in thia or any other court. 11. Plaintiffbaa no information oC. custody proceeding concerning the child pending in a court of thia Commonwealth. 12. The beat interests and permanent welfare of the child will be eerved by p1IItUn, the relief requested becallR the Plaintiff is the primary care giver with respect Co the child. 13. Each parent whose parenlal rilhuCo the child have not been terminated and the penon who baa Jlb1Iica1 custody of the cbiId have been named u partiea Co thia action. No other peraona are known Co have or claim Co have any rilht Co custody or viaitatioo of the cbiId other than the partiea to thia I action. II Ii ii ac:cordanee with the atipuIation or the parUea. II I: ReepectfuIIJ IUflmitted. Ii l' WHEREFORE, Plaintiff requestl your HlIllOI'IIhIe Court Co order custody rilbta of D]t in LAW OmCES OF RON TURD i I ! Cf}I/'~ I Pete I . J. 32 South Clnt Street c.rIiIIe, P A 110 13 (717) lU5-9688 At...., Cor PWntiIT , II I: " II Ii !,: iI !l H ji ;< ii il ;i :1 .. , " ,I H ~l ii E C\ "' ...:;,. " ~: ,..:.; -:- ..... :~: n.! ..., O' ,,' ' . .--~ (:2' ~ .. , - '. it' .'.l:" C\., .rJ I t,." .. t,.; : , ':'"':1 I C c.;,~ \-) .