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HomeMy WebLinkAbout00-00463 "' n "" .~ . ~. , -i' ,."..- .. . . . . ;Ii:+; ;Ii;li :if IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CURTIS D. EVANS, . No. 2000 463 Plaintiff VERSUS . JAYNE A. EVANS. . Defendant . DECREE IN DIVORCE . . . ~2" ~, IT IS ORDERED AND . AND NOW, DECREED THAT CURTIS D. EVANS , PLAINTIFF, . AND JAYNE A. EVANS , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; \JO~ . The Marital Settlement Aqreement dated Mar~h R, ~nn1, . nA~rAA. // By THEtURT: \ ATTEST: d-9JJJ J, ~~~ROTHONOTAR' . .. ;Ii ;Ii ;Ii:+; :+; . . . . .. . , ~ ~'1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..j' .;I,f'- t?/ ..3d~O/ ,>1"" ~_, _,~, ., " ~, . ':'" i" ". 47. ~_ ~~ Z~ 4~ 71~~:6 ,~~ . ",~....,._ ...."......1 . ~,' !,,,,,,,,,",,II!IIIMI!I!III-,, ",,.,;;l! , ~ , . """,,,"~I "',~'.,.:..... "'"I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thiS.:t. day of ~ 2001 between JAYNE A. EVANS, (hereinafter referred to as WIFE) and CURTIS D. EVANS, (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfu1ly married on October I, 1988, in Schuylkill County, Pennsylvania; and WHEREAS, two (2) children were born of this marriage: Aidan C. Evans born August 5, 1992, and Griffin D. Evans born August 16, 1995, WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fi1ir opportunity to obtain independent legal advice of counsel ofhis or her selection; that Wife has been represented by Linda A. Clotfelter, Esquire and Husband has been represented by Michael S. Travis, Esquire. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the filets, and they acknowledge and accept that this Agreement, is, under the circumstances, fi1ir and equitable, and that ~' ~". ".......,..1 ,. '-'->:j it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of. and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accrning) 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, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, fiunily exception 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 -2- . .L ~,_~;.J '.~ U deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or aay time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wile to give to each other, by the execution of the 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 arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfilction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising inany manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set furth hereinafter in paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose ofhis or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled -3- ~.;"...;...: "1<~'h'J"'~..;,,i thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to reqnire the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. -4- ",. 6. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto acknowledge that Husband has certain pension, retirement, and/or other valuable benefits accrued through employment during the course of their marriage, more specifically described as follows: Salomon Smith Barney, Inc. Account 724-23777-16 503 Central P A MRI Center PS/401K Plan DID 6/01194 Dr. William B. Miller ET AL TTEE FBO Curtis Evans Value July, 2000 $ 86,112.72 401(k) $ 21.181.07 Money Pension $ 107,293.79 Sixty (60%) = $ 64,376.29 to Wife The parties agree that Husband will transfer to WIfe a sum equal to Sixty Percent (60%) of the value of his retirement or other employment-related account from Central PA MRI Center, utilizing the value as of July, 2000, listed above, by Qualified Domestic Relations Order(s) (hereinafter "QDRO'') to be prepared at Husband's expense. The distribution offunds to WIfe shall be effective pursuant to the specific terms of each plan as well as state and federal law. The parties agree that the court shall retain jurisdiction over this matter in the event that action to prepare and complete a QDRO is deferred until after the time of entry of a decree in divorce. The rights to be conferred by said QDRO orders shall be effective in conferring rights in said property to WIfe as of the date the parties execute the eonsent to QDRO or the date this Agreement is executed, whichever is first. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distnbute their marital property in a manner which conforms to the criteria set furth in Section 3502 of the Pennsylvania Divorce Code and taking into account the fullowing considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for -5- lIiiIIdl, further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shal1 be in full satisfaction of all marital rights of the parties. A. MOTOR VEIDCLES. The parties agree that Husband shal1have full and sole possession of the 1988 Honda Accord, and Wife shal1 become full and sole owner of the 1993 Nissan Quest. On or before the date of the execution ofthis Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indeIIIIIifY and hold harmless the other party from any and all liability therefor. B. DMSION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satis1ilction, all items of tangible and intangible marital property with Husband being entitled to possession of the household goods as designated in Exlnbit "A" attached hereto. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if: in the case of tangible personal property, it is physica1ly in the possession or control of the party at the time of the -6- ~~ ""'.~,I ..~- iff! signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. 8. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties agree that Husband shall pay to Wife at the time of execution of this Agreement the lump sum of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars by certified funds or money order. The parties further agree that Wife shall retain as her sole and separate property the entire balances of the marital savings and checking accounts. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except as otherwise addressed in this Agreement. 9. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 3515 Beech Run Lane, Mechanicsburg, Pennsylvania. The parties further acknowledge herein that it is their intent to have Wife retain exclusive use and possession of the marital residence. The parties acknowledge that there are presently two mortgages on the property with the first mortgage having an approximate principal balance of One Hundred Eighteen Thousand and 00/1 00 ($118,000.00) Dollars and the second mortgage on the property having an approximate principal balance of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars. In light of said mortgages and the entire distribution scheme of this Marital Settlement Agreement, the parties hereto stipulate and agree that Husband shall pay to Lender one-half of the principal balance of the home equity loan, with said payment being made as a lump sum payment within thirty (30) days of the execution of this Agreement. -7- ., .. '"'-"~'I; It is further agreed by the parties that Wife shall have two years from the date of execution of this agreement to refinance the marital residence. If the marital residence is not refinanced by wife within the two-year period designated herein, the property will be appraised by a real estate appraiser acceptable to both parties and the property will be sold. The proceeds of said sale as determined after the expenses and costs of the real estate transaction are paid, shall be distributed as follows: Forty (40%) to Husband and Sixty (60%) Percent to Wife. If the marital residenee is sold within the two year period designated in this Paragraph, Husband shall be entitled to Forty (40%) Percent of the equity in the residence as of the date of sale of the property, after any and all expenses relevant to the real estate settlement are paid, and W1fe shall be entitled to Sixty (60%) percent of the equity as of the date of sale of the property. Both parties hereby stipulate and agree that each shall voluntarily execute without delay or objection any reasonable documentation necessary for the marketing and sale ofthe marital residence and/or the refinance of same by Wife. The parties agree that, until the time of the refinance by Wife or the real estate settlement effectuating the sale of the marital residence, if any, Wife shall be solely responsible for the first mortgage on the marital residence. Furthermore, from the date of this Agreement, Wife shall retain the exclusive use of the marital residence as her personal residence and Husband shall not enter said residence without the express, prior approval ofW1fe. The parties acknowledge that Wife shall also have the sole right to claim any available tax deductions associated with the said residence for any time that she has had the exclusive nse and possession of the residence. 10. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the , future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. -8- ~ j,",,,;. J 11. CUSTODY OF CHILDREN. Two children were born of this marriage: Aidan C. Evans, born August 5, 1992, and Griffin D. Evans, born August 16, 1995. The parties acknowledge herein that they shall share legal custody of the said children. The parties further agree that the said children will remain in the primary physical custody of Wtfu, subject to Husband's rights of partial custody as agreed upon by the parties. The parties further agree that each party shall be entitled to claim the tax dependency exemption for one child each tax year and when the eldest child reaches the age of majority, or is no longer qualified as a dependent for federal income tax purposes, then the parties agree that they shall alternate the years that each will be entitled to utilize the tax dependency exemption for their youngest child. 12. SPOUSAL SUPPORT AND ALIMONY. The parties acknowledge herein the issue of spousal support was resolved through the Domestic Relations Section of the Court of Common Pleas of Cumber land County, Pennsylvania, in the same proceeding as the child support issue. It is further agreed that the issue of spousal support shall be determined through the Domestic Relations proceeding. The spousal support order shall terminate upon the entry of a decree in divorce and shall be replaced by an Order for Alimony to said docket number, and as more specifically descnbed in Paragraph 18. 13. INCOME TAX INDEMNIFICATION. The parties acknowledge that they have filed various joint state and federal income tax returns during the course of their marriage. Furthermore, the parties hereby stipulate and agree to file separate tax returns for the tax year in which their divorce decree is entered. It is further stipulated and agreed that any and all joint tax refunds based upon the joint filing oftax returns pending the parties' divorce proceeding, if any, shall be equally distributed to the parties. 14. ALIMONY. In order to permit Wife and the children of the parties to remain in the marital residence and to enjoy a lifestyle substantially similar to that enjoyed during the marriage, Husband shall pay to Wife alimony in the amount of$150.00 per month for aperiodoffive (5) years initiating at the time a divorce decree is entered between the parties. The alimony payments shall not -9- ~ . - ,..1 .. '. be subject to modification for any reason, except that they shall terminate as designated in the Pennsylvania Divorce Code. Such payments shall be taxable to Wife and deductible by Husband for federal income tax purposes, and the parties shall cooperate fully obtaining an Order of Court directing the payment of the alimony through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. 15. COUNSEL FEES AND COSTS. Husband and Wife agree that each party shall pay and be responsible for their own attorney's tees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 16. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Except for the provisions heretofore made for alimony, support and continued maintenance of the martial home, both parties accept the provisions of their Agreement in lieu of and in full and final settlement and satisti1ction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel tees or expenses, or for any other provisions for support and maintenance before, duri1Jg and after the commencement of any proceedings for the divorce or annulment between the parties. 17. DIVORCE. A Complaint in Divorce has been filed to No. 2000-463 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. 'In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indelIllliJY, defend and hold the other harmless from any and all additional expenses, including actual counsel tees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. -10- .~~;. k] 18. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as ifit were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distn"bution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonweahh of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 21. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and ofall sources and amounts of income received or receivable by each party. -11- ~ I _' ,I_..j_~".,,_ 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding ofthe parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific perfurmance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24. PENNSYL V ANIALA W. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 25. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 26. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 28. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fuir and equitable to each of them. -12- I ~r~_ 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: /~/J~J p ;A-:rnh-7JLI a~ ~ ~ -13- - ~~_~I" -..."", . COMMONWEALm OF PENNSYLVANIA 88. COUNTY OF CUMBERLAND On this ~dayof Md'G'h .2001, before me, the undersigned officer, personally appeared CURTIS D. EVANS, known to me (or ~tisfilctorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained, COMMONWEALm OF PENNSYLVANIA *~ NOIarlal S.OI James E. Hoffman, NotaiY Public Hampden TWp.. CUmbadond County My Comm/eeIon ElIp/... Mo. 27, 2002 Member. Pennsytvanla As8ocisl;:;ri 01 Notaries 88. COUNTY OF CUMBERLAND On this a(,flUay of FJkru 1t"J--' 2001, before me, the undersigned officer, personally appeared JAYNE A EVANS, known to me (or satisfiwtorily proven) to be the person whose name ' is subscribed to the witbin Agreement, and acknowledged that she executed the same for the purposes therein contained. ~~ NOTARIAL SEAL HELEN E. RASMUSSEN, Notary Public Camp Hili Borough, Cumberland County My Commission Expires. Aug. 2, 2003 -14- ~, HOUSEHOLD GOODS TO HUSBAND Location oforooertv (room) Master bedroom Master bedroom Husband's possession Fourth bedroom Fourth bedroom Family room Living room Living room Living room Living room Living room Husband's possession Basement Basement Basement Garage Garage Husband's possession Husband's possession Husband's possession EXlllBIT "A" -15- Descriotion Recliner Steamer trunk 21" Zenith television Daybed Dresser (tall) Poplar wood end table Som Loveseat Coffee table End table Lamp Pioneer Stereo Dresser (oak) Treadmill Stationary bike Shop vacuum Pole pruner Power trimmer Tool box Wood tools iii "<.~, -' I. -..,...~u ]~~J!RiliL~~"~~"'" r , , ~,~<~ '.. ~< , ~' "~. ^- ,.~~ ".. () C> 0 c: " 5. :l: UL..U Xl," " JTln! 0'" Z::O r-- :2:.1"- f'o..) _.-?r.f~ U):;:-' LC . '..,J '"-- -<:2: C) (i..) r:: c:; ~.-: - "-" ~O --0 ~~J (~ ::1;;:: -(~ ~-::;:r(l $C N ~ .... ~ => :> .Ii -< Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp HilI, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, ) ) ) ) ) ) CIVIL ACTION -LAW IN DNORCE vs. No. 2000 - 463 CIVIL TERM JAYNE A. EVANS, Defendant. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 9 3301(c)(1) of the Divorce Code. 2. Date and manner of service of the complaint: February 18,2000, service accepted by counsel, Acceptance of Service attached hereto. 3. Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by plaintiff on March 15, 2001; by defendant on January 5, 2001. 4. Related claims pending: Economic claims are resolved by the Marital Settlement Agreement dated March 8, 2001, incorporated by reference hereto. 5. prothonotary: Date plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed with the "S_ "1..~ - ,2001. prothonotary: Date defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the ,.. ,2001. ~, ae . Travis Attorney for Plaintiff "",,"--I -"I'i I I I , I I I I I I , ; I , , I I I I i I I I I I , jb'...,""'"....., 1MIIiiliIIiI1i'i~~~'illIIl~. ..; -~ .,--~:=.. "iUlll'~Ji'f.l",~l ,~~_",_h '" -",,;,;,;...:,""'" 1IiI'~lIIIillllil ~, o c: $: -onJ mfl'l :Z:x, Z,' (J) ~b - -<..-~ c:c; )>0 ;?;d >c z =< .' ,,~~, ~l- <=> o " ._.~ :"~~fJ ~fJe3 F~~ esrn 'c4 55 -< :x "'" :;0 N w v ::s.: l:--? ;::;> W :ns::J", - ~" In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, Defendant. ) ) ) ) ) ) ~ 0 co- 4(....:3 (l'h t No. of 2000 vs, JAYNE A. EVANS, CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following 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 of 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 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 Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TillS 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 " ~ _-J.-..~.i" In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, Defendant. ) ) ) ) ) ) ~~ No. Ol.{n~t1 - 'ft.. 3 ofJlIOO vs. JAYNE A. EVANS, CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Conunon 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. ~~"\'; In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, Defendant. ) ) ) ) ) ) c,;:.....e ~ No. .:2AvV - <f~ 3 ouoaa vs. JAYNE A. EVANS, CIVIL TERM IN DNORCE COMPLAINT IN DNORCE UNDER SECTION 3301( c) OR 3301(d) OF THE DNORCE CODE IN DIVORCE Plaintiff, by his attorney Michael S. Travis, respectfully represents: 1. Plaintiff is Curtis D. Evans, who resides at 300 West Main Street, Apartment 1 Mechanicsburg, Cumberland County, Pennsylvania, 17055, since January 2000. 2. Defendant is Jayne A. Evans, who resides at 3515 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since June 1996. 3. Plaintiff has been a bona fide resident of the Conunonwealth ofPennsylvanla for at least six months inunediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on October 1, 1988, at Schuylkill County, Pennsylvania. 5. There have been no prior actions of divorce or annuhnent between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. - 9. Neither plaintiff or defendant are in the Military Service in the United States Armed Services. Neither plaintiff or defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, pelating to unsworn falsification to authorities. Date: / /;Is- /0-0 I I ~ Plaintiff ~ Attorney for Plaintiff LD. # 77399 4076 Market Street, Suite 209 Camp Hill, P A 17011 (717) 731-9502 Fax 731-9511 maiIiiIiiilIiI -~' limillllliililllt..L All '-=- " '-"1 ~"",*,f""ilkw,,lUli'Ui~iiJj~'''''''''' .. " -~ lll!lb1iilililMl-j~ "&I "- ~ ~ ~ ~ & & 6 , \ fF!~ ---(~ ){ ,.,() ~ '-D (") C ~, <, -vro n Irn Z:U -:7("- G0~~: --< .,; <0 ":r.;..-., Z" \..J ,-, >c Z ::< ~~I C) C) <- ;p. -- - o ",., .-; 8:TI ...f1h1g '.1'}(? S~O . ~ ..,..!,. ^,----n S;2c') qfD -"', 55 -< N en ~~ 6 '0 '" I . "' '. -~ ". U'",' i i I I I I, , I: 1 I \, In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, ) ) ) ) ) ) No. 2000 - 463 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE vs. JAYNE A. EVANS, Defendant. AFFIDAVIT OF CONSENT L A complaint in divorce under S 3301(c) of the Divorce Code was filed on January 25,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. r consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. r verii)' that the statements made in this affidavit are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATED: 3)Sft I ( ( ~. - u ~ I.' ,LL,. ~- '., . .. . " .,.~.,..",,,.,,;~;.,,,,.. -',- . _k o c 5: '1JQ meT' LX z: r;~ 0=. -<4. kC Pr, Z" ::;;::-0 Pc: 2: =< l I o ::J!: ". :u N 0~ '"T.:J ::Jl: ry => c, o Tt .-j ~~ Qo (:snl "--1 ~ .IIi , ~ .,,==,~...~, . . CURTIS D. EVANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 463 CIVIL TERM JAYNE A. EVANS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) ofthe Divorce Code was filed on January 25, 2000 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verilY that the statements made in this Affidavit are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1- 05 -01 ~'m ,",,,,,,,,;;,,,,,.,-,,,..~..;.'.~,~.~!<,,, ~~IIIiIiI~~''''_I--''''' ~ 6. ,- "'" o c ~ -"'. vcr' 52[:6 Z,r c/)J> f:$ ;{~- ::::::::. \_~.. d""C' 'So >c Z .=:> -< <:::> :JI:: ~b.1. :::v ,'oj w " ~ ry => o .....1<' o " ::=l ;~;-"j;D ~:Jf:rl ..,7'>-.1 ~~,:~6 -'-~I-, O.J:1 ,'.0 ('Sin J;' :1J -< ".> '-, '~, "L1'" 'Wi,,;.i . . . CURTIS D. EVANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 463 CIVIL TERM JAYNE A. EVANS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301 (C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of 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 verilY 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. S 4904 relating to unsworn fulsification to authorities. Date: 1- $- 0 I ~~ ~_.... ;jj_lM<;ll"""~.,,," ,"~it_i1~<;1!!lID''''" --~~..'~,~....~~ . . "',~ J" "'~ "~~ I'ilIlIIlgl~~"""~ ~I<! 0 CJ () C ~ :.s: --""'" :;.1 -oce )::RII _',,-r-'l' mrr~ ::zJ '-<1.;= 2:X.1 Z'J> N =~~q 0~ '-~ ....- ~~2': ~:26 r::o "'TI ---,.: -,-, ::< 2~ ~o 3--: '=0 N >c (~. "4 Z ::::> > ~ ::D -< rift "'-, " . --.J_"~_;o,. " u ., In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, ) ) ) ) ) ) No. 2000 - 463 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE vs. JAYNE A. EVANS, Defendant. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 verii)' 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. S 4904 relating to unsworn falsification to authorities. Date: -3/;5/'0 I / ( ~ ~'} ~"""'";"';"" '" tli_lli~.J..", "litilI:IiIi ~> iIIli' ," " ',~-" __,k......" ,'-~,,-,," \ ..~ (") 0 0 c -" s:: :Jl: --j "'CJro :c.. '-:n fTJn"1 ;::;0 r1r-__ 2.:C N -~~ Z~: w 0<__, ''-..._,.1 . -<o<e:. .~'.-j -r~ ~'l.~: " ~f--\ ~.-::.. (S-n. ~'-C) -'==0 ry ~5m >c --, ~ => 5 -< . ...k....,,, 02/17/00 13:51 FAX 717 731 9511 M TRAVIS AITY ~03 o o .. '.. ... In the Court of Common Pleas of Cumberland County, Pennsylvania CURTIS D. EVANS, Plaintiff, Defendant. ) ) ) ) ) ) No. 4630f2000 vs. JAYNE A. EVANS, CIVll. TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the complaint in this matter (on behalf of Jayne A. Evans and certifY that I am authorized to do so). ofrtt /8100 Dat I ~J.j.(pl-j- Tv,'ndLL. I2.uA.li Mailing Address 1'0 II i~"~ ,~~ "\il9""tsl_lt.JIIti..UM_~j;l,~~",;;f/#,,~~__~~' -- (I!~ """" .. '" ._~ o o c: '1JS,: ,,, if] 2~:;'-'i :z: C' ()),,",;;" -<'" --.. r~~" <C..-' :e. :z:O --'0 )i:C $ ~ .' o o " ~ .,~ ;;V N W --"} ;;:j.:;" "['0::,:,: ',-)I'r-; -"', ,~'" .~'-, ~,-l ~~(~ ~~?~ '(51ft ,:;,;! :.D -< :2 ..Ji,. ry D .t:". , , . , ".1 .~'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CURTIS D. EVANS, Plaintiff NO. 2000-463 CIVIL TERM v. CIVIL ACTION - LAW JAYNE A. EVANS, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 KAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO~ 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 (717) 249-3166 ~, '~-"'''''''-'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CURTIS D. EVANS, Plaintiff NO. 2000-463 CIVIL TERM v. CIVIL ACTION - LAW JAYNE A. EVANS, Defendant DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensacion eclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. ,c I"~ I Ii Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. ,'; I; i: !\ SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO.U OTROS GASTOS AMTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE 013TENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 _,I ~,,",,_,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CURTIS D. EVANS, Plaintiff NO. 2000-463 CIVIL TERM v. CIVIL ACTION - LAW JAYNE A. EVANS, Defendant DIVORCE DEFENDANT'S COUNTERCLAIM AND NOW, comes Jayne A. Evans, Defendant above-named, by and through her counsel, Law Offices of Craig A. Diehl, and files this Counterclaim against Plaintiff, curtis D. Evans, pursuant to Pa.R.C.p. 1920.15(a), respectfully stating in support thereof the following: COUNT I - DIVORCE 11. The allegations contained in Paragraphs 1 through 10 of Plaintiff's Divorce Complaint filed against Defendant on January 25, 2000, are incorporated herein as if fully set forth verbatim. 12. The parties have been living separate and apart within the meaning of the Pennsylvania Divorce Code since January 1, 2000, and their marriage is irretrievably broken. At the time of the trial, Defendant will submit, if applicable, an Affidavit that the parties have lived separate and apart for at least two (2) years. 13. Defendant avers that Plaintiff has offered such indignities to the person of the innocent and injured Defendant so as to render Defendant's condition intolerable and Defendant's life burdensome. ~,~jc' , 14. Defendant further avers that she, as an innocent and injured Defendant, is entitled to the entry of a decree of divorce because Plaintiff committed adultery. WHEREFORE, Defendant, Jayne A. Evans, respectfully requests that your Honorable Court enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 15. Defendant incorporates by reference herein Paragraphs 11 through 14 of Defendant's Counterclaim, above, as if fully set forth herein in their entirety. 16. On January 25, 2000, Plaintiff filed a Complaint in Divorce against Defendant in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above-referenced case number. 17. Plaintiff and Defendant have acquired certain assets and liabilities during their marriage from its inception to the date of the separation of the parties. 18. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debts. 19. Defendant requests this Court to equitably divide, distribute or assign the marital property and debt between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant requests that your Honorable Court enter an Order of Court equitably dividing all marital property pursuant to section 3502(a) of the Pennsylvania Divorce Code. COUNT III - ALIMONY 20. Defendant incorporates by reference herein Paragraphs 11 through 19 above, as if fully set forth herein verbatim. 21. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 22. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests that your Honorable Court enter an Order of Court awarding alimony to Defendant pursuant to Section 3701 of the Pennsylvania Divorce Code. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 23. Defendant incorporates by reference herein Paragraphs 11 through 22, above, as if fully set forth herein. 24. Defendant has employed Linda A. Clotfelter, Esquire of the Law Offices of Craig A. Diehl to represent her in this matrimonial action. 25. Defendant is unable to pay the necessary and reasonable attorney's fees for her counsel in this action, and Plaintiff has the ability to pay them. 26. Defendant is unable to sustain herself during the course of this litigation. ......k1J~~~~" i 'I I ,i :1 'I I) 'I I ;1 I I i . ." 27. Preserving the right to apply to the Court for interim counsel fees, costs and expenses prior to a final hearing, Defendant requests that, after final hearing, this Honorable Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant requests your Honorable Court enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: .)./ fJ I () I) Clotfelter " E torney 1.0. No. 7296 64 Trindle Road amp Hill, PA 17011 Attorney for Plaintiff _' I ~ ~..J""';.''',;,j(~_ " '1 i i , i , I i i " .. . " ", ~ "''''''-''" "Ir, , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CURTIS D. EVANS, : NO. 2000-463 CIVIL TERM Plaintiff . . . . v. . CIVIL ACTION - LAW . . . JAYNE A. EVANS, . . Defendant . DIVORCE . VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: .J.-/g / pO r ~~ JAYNE . E S - . , , "'. ~~ .1 ~~'~'.oIb."" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CURTIS D. EVANS, Plaintiff NO. 2000-463 CIVIL TERH v. CIVIL ACTION - LAW JAYNE A. EVANS, Defendant DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United states First Class Mail, postage prepaid, addressed as follows: Michael Travis, Esquire 4076 Market street Camp Hill, PA 17011 LAW OFFICES OF CRAIG A. DIEHL Date: .J...jILf/oo j; ~ -s:~ c: j -0 -l " .:! 0; ;!l :e ~ F ~ 0 (0) :0 r "TI ~ )> m "TI O>.....:IJ _ ......... 0 (") ill '" 0)> m >< = 0 en ::1 0 .:! '11 .... C/).... (") ~ ~ cD :D 0> Z;;;)> ~~G>~Q ~ ~ Z )> ~ Q Q c '" m m ~- JJ m is ;g ~ :t CD .... :c r- OJ m ~ ~ ;~";,, o/tr4ii;:'~-i'\:'0:"', - '---:,"1.-')__ ';~",:4&'t","~-!f:EV ~l::.'I;';' <",,'<",- . "<!,f.}<,,""Iic,,:,,;,,; () ~~ -.S;:)oQ ~~ -....J -C ~ ~ () \J \J J 0v ;:p tt ~ ::i-' :? '5' (: 1;; U\. ..~ -""'" ,,,.. .___1 0 ~, 0 ~- c:: C;::", -q ::-.,.~ ""'l :J ;.g tfi if) i ~ -/ -;-J Co ,,- ..-:". C , Z " \.~]: v? ~' , " ~, CJ r~. \~~I 2~ ~~; J "], 2: C--: ~, C:. :;; CJ 'E ,:.:5 i-n '.; 5-;} :::;. .~<) "J -< to -< ",'-;,:"\,',~,,- " . .-J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL VANIA CURTIS D. EVANS, Plaintiff : NO. 2000 - 463 CIVIL TERM v. : CIVIL ACTION - LAW JAYNE A. EVANS, Defendant : DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals I. The parties to this action have entered into a Marital Settlement Agreement dated March 8, 200 I. The Court incorporated the Martial Settlement Agreement into its Decree in Divorce of Marriage dated March 27, 200 I. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") s40l(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code S414(P). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. S3502. II. Statement of Fact Pursuant to Code ~414(P) 3. This QDRO applies to the Central Pennsylvania MRI Center Profit Sharing & 40 I (k) Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to which liability by the Participant under a predecessor plan of the employer or any other defmed contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defmed contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. I , , ,'& .. - '" ." "" ""'->.:.J ,~~I 4. Curtis D. Evans ("Participant") is a participant in the Plan. Jayne A. Evans ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Curtis D. Evans Home Address: 300 West Main Street, Apartment 1, Mechanicsburg, PA 17055 SS#: 199-52-7125 DoB: 10-3-59 6. birth are: The Alternate Payee's name, mailing address, social security number, and date of Name: Jayne A. Evans Home address: 3515 Beech Run Lane, Mechanicsburg, PA 17055 SS#: 167-58-5823 DoB: 7-21-60 7. The portion of Participant's plan benefits payable to the Alternate Payee under this QDRO is: Sixty percent (60%) of the Participant's total account balance accumulated under the Plan as of the following determination date: July 1, 2000. For this purpose, the total account balance shall be determined without regard to any account reduction caused by the Participant's prior loan(s), if any, from the Plan. Further, such total account balance shall include all amounts (including plan forfeitures, if applicable) contributed to the Plan on behalf of the Participant after said determination date, that are allocable on or before such date. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income or losses attributed thereto from July I, 2000, until the date of total distribution to the Alternate Payee. Her account(s) shall be established in the same ratio as the Participant's accounts as regards any elective deferral account, nondeductible employee account, qualified nonelective contribution account, employer contribution account, or rollover/transfer account and as regards any investment mix attributed to the Participant's accounts. However, the investment mix shall not include any loan to the Participant which it treated by the Plan as an investment sub-account of the Participant. 2 _~,^~I, "-"",,,0,,. m. Recitals Pursuant to Code ~414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment II. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code g414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the Participant and alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualii)' as a QDRO under Code g414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 3 '-h' e' ~ -~',.-I 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternative Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code g 40 I (a)( 11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternative Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to John Koveleski as Trustee for Aidan and Griffin Evans in equal shares or any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code S414(p )(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notii)' the Participant and the Alternate Payee of the receipt of this QDRO and shall notii)' the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notiJY the Participant and the Alternate Payee of the determination within a reasonable period oftime after receipt of this QDRO. 4 '" " , "',j 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ~D\ <\-~ ~ ~ CONSENT TO ORDEk: '7 ~J/, ~7i Defi ant, yne A. Evans , ~"L" l'~ -<t. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this.:t. day of ~ 2001 between JAYNE A. EVANS, (hereinafter referred to as WIFE) and CURTIS D. EVANS, (hereinafter re~cft'o ~ SO' -: . HUSBAND). ". . " C,:.~'i;"", ) - ;--.,) ~>'" v~ 0.-,' .;;:;c ~~'~ -.: ~~.? )C. (2~ ~. WHEREAS, Husband and Wife were lawfully married on October 1, 1988, in Scllliy1kill County, Pennsylvania; and WITNESSETH: WHEREAS, two (2) children were born of this marriage: Aidan C. Evans born August 5, 1992, and Griffin D. Evans born August 16, 1995. WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and poSSIble claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that eachbas had a full and fair opportunity to obtain independent legal advice of counsel ofhis or her selection; that Wife bas been represented by Linda A. Clotfelter, Esquire and Husband bas been represented by Michael S. Travis, Esquire. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the fucts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that -i--~ it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTIJAL RELEASE. Husband and Wife each do hereby mutua1ly remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter 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, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, fiunily exception 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 -2- d.. ~ J,,~~ deceased spolll!e's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory ofthe United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 allrights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is futther specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except asmay be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto sha1l have the right to dispose ofhis or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled -3- ,~,. ; thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further Covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, lIdrnini..uators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without re1iance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Hushand and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. -4- li.~.;i~'i I I d 6. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION OR OTHER EMPLOYMENT"RELATED PLANS. The parties hereto acknowledge that Husband has certain pension, retirement, and/or other valuable benefits accrued through employment during the course of their marriage, more specifically descnbed as follows: Salomon Smith Barney, Inc. Account 724-23777-16 503 Central P A MRI Center PS/40IKPlan DTD 6/01194 Dr. William B. Miller ET AL TTEE FBO Curtis Evans Value July, 2000 $ 86,112.72 401(k) $ 21.181.07MoneyPension $ 107,293.79 Sixty (60%) = $ 64,376.29 to Wife The parties agree that Husband will transfer to Wife a sum equal to Sixty Percent (60%) of the value of his retirement or other employment-related account from Central PA MRI Center, utilizing the value as of July, 2000, listed above, by Qualified Domestic Relations Order(s) (hereinafter "QDRO") to be prepared at Husband's expense. The distnbution offunds to Wife shall be effective pursuant to the specific terms of each plan as well as state and federal law. The parties agree that the court shall retain jurisdiction over this matter in the event that action to prepare and complete a QDRO is deferred until after the time of entry of a decree in divorce. The rights to be conferred by said QDRO orders shall be effective in conferring rights in said property to Wife as of the date the parties execute the consent to QDRO or the date this Agreement is executed, whichever is first. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distnbute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skil1s, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for -5- - - j[, further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contn'bution of each spouse as a homemaker the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEIDCLES. The parties agree that Husband shall have full and sole pOSSession of the 1988 Honda Accord, and Wife shall become full and sole owner of the 1993 Nissan Quest. On or before the date of the execution of this Agreement, the parties shall eXecute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible forthe financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnifY and hold harmless the other party from any and all liability therefor. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangIble and intangible marital property with Husband being entitled to possession of the household goods as designated in Exhibit ",N' attached hereto. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or ofthe separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party it: in the case of tangible personal property, it is physica11y in the possession or control of the party at the time of the -6- signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and WIfe shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. 8. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties agree that HUs~~~;~~r1h,",%~lor~ol"tiDS~~the<~ sum ofTwo Thou","",Five. HlInrlte.d.lIIId..OOLlOo'(S2.50o.p~~l:ifi.:a.:fundS'0l" lWiley 0Ider:;~' The , , , .' '-,::: ~:')-~ \. . "'~" :'':,', ,- parties further agree that WIfe shall retain as 'her's<;le ~d separate property the entire balances ofthe marital savings and checking accounts. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except as otherwise addressed in this Agreement. 9. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 3515 Beech Run Lane, Mechanicsburg, Pennsylvania. The parties further acknowledge herein that it is their intent to have WIfe retain exclusive use and possession of the marital residence. The parties acknowledge that there are presently two mortgages on the property with the first mortgage having an approximate principal balance of One Hundred Eighteen Thousand and 00/100 ($118,0,00.00) Dollars and the second mortgage on the property having an approximate principal balance of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars. In light of said mortgages and the entire distnbution scheme of this Marital Settlement Agreement, the parties hereto stipulate and agree t~PlY:fit~6(me'$~iIlliItJ;&;,:,CeoftlIe home' ..~.IO~~~~it('irig.ma(fe'as~;:f~@'~~(3bjdays of the executfon'~f?ffi~';~~ni::. , _ 'm,' Cc. ~.' _ _ '_ ,_ _, _. ,_ ~~-",' -7- --.<:.'" , . It is further agreed by the parties that Wife shall have two years from the date of execution of this agreement to refinance the marital residence. If the marital residence is not refinanced by wife within the two-year period designated herein, the property will be appraised by a real estate appraiser acceptable to both parties and the property will be sold. . The proceeds of said sale as determined after the expenses and costs of the real estate transaction are paid, shall be distributed as follows: Forty (40%) to Husband and Sixty (60%) Percentto Wife. If the marital residence is sold within the two year period designated in this Paragraph, Husband shall be entitled to Forty (40%) Percent of the equity in the residence as of the date of sale of the property, after any and all expenses relevant to the real estate settlement are paid, and Wife shall be entitled to Sixty (60%) percent of the equity as of the date of sale of the property. Both parties hereby stipulate and agree that each shall voluntarily execute without delay or objection any reasonable documentation necessary for the marketing and sale of the marital residence and/or the refinance of same by Wife. The parties agree that, until the time of the refinance by Wife or the real estate settlement effectuating the sale of the marital residence, if any, Wife shall be solely responsible for the first mortgage on the marital residence. Furthermore, from the date of this Agreement, Wife shall retain the exclusive USe of the marital residence as her personal residence and Husband shall not enter said residence without the express, prior approval of Wife. The parties acknowledge that Wife shall also have the sole right to claim any available tax deductions associated with the said residence for any time that she has had the exclusive use and possession of the residence. 10. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the , future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. -8- _I ., . , , II. CUSTODY OF CHILDREN. Two children were born ofthis marriage: Aidan C. Evans, born August 5, 1992, and Griffin D. Evans, born August 16, 1995. The parties acknowledge herein that they shall share legal custody of the said children. The parties further agree that the said children will remain in the primary physical custody of Wife, subject to Husband's rights of partial custody as agreed upon by the parties. The parties further agree that each party shall be entitled to claim the tax dependency exemption for one child each tax year and when the eldest child reaches the age of majority, or is no longer qualified as a dependent for federal income tax purposes, then the parties agree that they shall alternate the years that each will be entitled to utilize the tax dependency exemption for their youngest child. 12. SPOUSAL SUPPORT AND ALIMONY. The parties acknowledge herein the issue of spousal support was resolved through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania, in the same proceeding as the child support issue. It is further agreed that the issue of spousal support shall be determined through the Domestic Relations proceeding. The spousal support order shall terminate upon the entry of a decree in divorce and shall be replaced by an Order for Alimony to said docket number, and as more specifically descnbed in Paragraph 18. 13. INCOMETAXINDEMNIFICATlON. Thepartiesacknowledgethattheyhavefiled varions joint state and federal income tax returns during the course of their marriage. Furthermore, the parties hereby stipulate and agree to file separate tax returns for the tax year in which their divorce decree is entered. It is further stipulated and agreed that any and all joint tax refunds based upon the joint filing of tax returns pending the parties' divorce proceeding, if any, shall be equally distributed to the parties. 14. ALIMONY. In order to permit Wife and the children of the parties to remain in the marital residence and to enjoy a lifestyle substantially similar to that enjoyed during the marriage, Husband shall pay to Wrfe alimony in the amount of$150.00 per month for a period offive (5) years initiating at the time a divorce decree is entered between the parties. The alimony payments shall not -9- "I~" . " . '. ' be subject to modification for any reasOn, except that they shall terminate as designated in the Pennsylvania Divorce Code, Such payments shall be taxable to Wife and deductible by Husband for federal income tax purposes, and the parties shall cooperate fully obtaining an Order of Court directing the payment of the alimony through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. 15. COUNSEL FEES AND COSTS. Husband and Wife agree that each party shall pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 16. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Except for the provisions heretofore made for alimony, support and continued maintenance of the martial home, both parties accept the provisions of their Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, d~ and after the commencement of any proceedings for the divorce or annulment between the parties. 17. DIVORCE. A Complaint in Divorce has been filed to No. 2000-463 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execnte such affidavit upon the other party's timely request, that party shall indemnifY, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. -10- Ll>....- ...cJ._. : "- l' 01 . " . 18. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. INCORPORA11ION IN FINAL DIVORCE DECREE. The terms ofthis Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 21. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. -ll- 1_ , " ~ I' ' 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24. PENNSYL V ANIALA W. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall furever be governed by the Laws of Pennsylvania. 25. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 26. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. SEVERABILITY. Ifanyterm, condition, clanse or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full furce, effect and operation 28. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fuir and equitable to each of them. -12- ~ " " ~ j t . .. . I I " 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ,</ ~/I AtJ p ;4-Inb-1n.l a~ ~+ ~ -13- ~'J_ - - "~ .. .- .. -. . I . " COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this ~dayof M,,\G'h .2001, before me, the undersigned officer, personally appeared CURTIS D. EVANS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA *~ Notarial 580' Jam.. E. Hoffman, Notary Public MyH8mpden Twp., Cumb8nond County Commission ElIp/"", M.. 27. 2002 Member, PennSYlvania AssocjB{~1'l Of Nolanas SS. COUNTY OF CUMBERLAND On this a(,"Hay of F.t4~ . 2001, before me, the undersigned officer, personally appeared JAYNE A EVANS, known to me (or satis1i1ctorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. ~~ NOTARIAL SEAL HElEN E. RASMU.SSEN. NolaIy Public Camp.HillBorouQh..Cumberland.County My Conrnlsslon Expires Aug. 2. 2003 -14- --,- ,~,.,~ ~- '" c' .. --. .. t' " HOUSEHOLD GOODS TO HUSBAND Location of property (room) Description Master bedroom Master bedroom Husband's possession Fourth bedroom Fourth bedroom Family room Living room Living room Living room Living room Living room Husband's possession Basement Basement Basement Garage Garage Husband's possession Husband's possession Husband's possession Recliner Steamer trunk 21" Zenith television Daybed Dresser (tall) Poplar wood end table Sofa Loveseat Coffee table End table Lamp Pioneer Stereo Dresser (oak) Treadmill Stationary bike Shop vacuum Pole pruner Power trimmer Toolbox Wood tools EXlllBIT "A" -15- ,~ ~ ", "- _J"~ w.r,~;, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 00003 S 2000 26&@::j,.!;@txtIL 587101858 JAYNE A. EVANS Plaintiff VS. CURTIS D. EVANS Order AND NOW to wit, this JUNE 22, 2004 it is hereby Ordered that: THAT THE DOMESTIC RELATIONS SECTION DISMISSES THEIR INTEREST IN THE ALIMONY MATTER AS THE PLAINTIFF HAS VOLUNTARILY TERMINATED THE ALIMONY OBLIGATION, EFFECTIVE MAY 21, 2004. THE REMAINING CREDIT OF $331.55 WILL BE DIRECTED TO THE CHILD SUPPORT ACCOUNT. DRO: RJ Shadday xc: plaintiff defendant Linda Clotfelter, Esquire Michael Travis, Esquire BY THE COURT: Y-' ,;,~ Kevin VHess JUDGE Service Type M Form OE-520 Worker ID 21005 OIl "~, nr ~ ~~_.- ~JI\lI@~tI:a!liiillll....-~"'",""'~"'*~'''''"'~'''-~~~''''''''"''''--'''~ -"~~ .'. ~..... "~, "Q '~::", I::::: ,it n_ r1.e,Cj (') ~ ~. '"f';'~ ;\.11"" ----7 ~-'1 '7f (j) ~'~ -Zf;"i ~-" ~.~], 5c z ~ ~ = ;- '- C;; ~ r-.:> t,;) .." ~ ~ -l ::C-r'l Ii'? 'Om :pO 06 "" . ~"T. -'- ::!J: 0,,..') 15m -' :re; ~ 'i! t,;) <.J'\ _._ b