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HomeMy WebLinkAbout00-04042 . . , ,-- ' ''-'..uJ.,' . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF . . . . . MARIE LOUISE ABRAM 00-4042 . . No. . . VERSUS . ADAM COMBS ABRAM . . DECREE IN DIVORCE . . . ~a-W- 2-- ,~,,\IT IS ORDERED AND . . . . AND NOW, MARIE LOUISE ABRAM DECREED THAT PLAINTIFF, AND ADAM COMBS ABRAM , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD ~~ ilHIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; V\.lO~ The terms of the parties' Marital Settlement Agreement dated August 12, 2004 . . . and attached hereto are incorporated herein but / By THE C)'URT: J, ATTEST, ~ L?~ ~- 1 PROTHONOTARY . ." '" ,"",--~ . . . " " . . . . " " " " " " " " " . " . . " " " " . . " " " . . " . " . . . . " . " ~ .' I" , - "'~ - /1 '7 . 7 . , . /l/J '.-I U7 f,.3 '?'f/ " <~ "-'=." ~,,_ c' -, ~._,-.~ ' --.,c. .;., "'_','___ _ ~," Imr" :~ J't f 'kl"" '.t' tbf-~~d'af ~ '71~~ ~~ ." ~~",.,4t_n ~~" ~ ~~~~_."." ~ ~- ~ _.~~ , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, Made this 1:2~ day of '1~, 2004, by and between ADAM C, ABRAM, hereinafter referred to as "Hu and", and MARIE LOUISE ABRAM, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 26, 1986; and WHEREAS, one child was born of this marriage, namely, Claire, born June 20, 1993; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: . 1, ADVICE OF LEGAL COUNSEL: ___Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her section (Debra Denison Cantor, Esquire, for Wife and Sandra L. Meilton, Esquire for Husband), Each party fully understands the facts and his or her. legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the 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, In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of th parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective rights to have the Court of Common Pleas of Dauphin County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation, 2, DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction, The parties dlo hereby acknowledges that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone, Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them, Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, .administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. - :2 - - ,- -" ~"j 3, SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 4, PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor ili any way harass -or malign-the other, noriri any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried, 5, EQUITABLE DISTRIBUTION: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa,C,SA Section 3501 et. sea" and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, 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 future 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 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, - 3 - " ""'" ., (a) DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, 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 aocUmehtsnecessary to give effect to this paragraph, Property shallbe deemed'to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the 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, Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, (b) MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: - 4 - ~"- ,. .~ " ~ ~W~W"' (i) the 2000 Charcoal Jeep Cherokee, or the proceeds from the sale or trade-in thereof, shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; and (ii) the 2000 Blue Jeep Cherokee, or the proceeds from the sale or trade-in thereof, shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances, (c) HUSBAND'S MEDICAL PRACTICE: Wife hereby agrees to waive any right, title and or interest that she may have in Husband's medical practice, Cumberland Ear, Nose and Throat. Wife hereby acknowledges that she will sigjn any necessary documentsin order to transfer any legal interest that she may have in the aforesaid business entity including, but not limited to, stock certificates, shareholders agreements, powers of attorney, and/or tax returns, From the date of execution of this Agreement, Husband shall retain all rights, title and/or interest in and to the aforesaid business entity as his sole and exclusive property, In the event that Wife fails to sign any necessary document within seven (7) days of any written notice, Husband may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to Husband and, further, Wife shall be responsible and pay Husband any expenses including attorneys' fees and costs incurred as a result of Wife's failure to sign the necessary documents and the necessity of legal proceedings, For the purposes of this Marital Settlement Agreement, the parties agree that the value of the marital portion of Cumberland Ear, Nose and Throat is $100,000, (d) ESCROW ACCOUNT: The parties acknowledge that after separation, the marital residence which had been located at 850 Walnut Lane, was sold and an escrow account created as a result of said sale, Le" Account No, 9904-78966, Fulton Bank, established on October 19, 2001 with the initial deposit of $75,490,07 with Craig I. Adler, Esquire, as the Escrow Agent of said account. Said account had a balance as of December 31, 2003 of $76,850,07 and an ending balance of $77,078,92 when said account was closed on or about July 29,2004, As set forth on Exhibit "A", the balance in this account is to become Wife's property and Husband hereby waives all right, title and interest thereto, The - 5 - " . &:!f"d. parties agree that the balance at time of distribution is the amount that will be awarded to Wife and the full value shall be counted as part of Wife's equitable distribution award, (e) PENSION AND RETIREMENT BENEFITS: Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits), of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder, The parties agree that they shall execute any documents pursuant to the Retirement Equity Ad or-any simllar-actthatmay be required from time to time to-accomplish th'e purposes- of this subparagraph, Specifically, the parties acknowledge and agree that Wife shall remain the sole and exclusive owner of her TIAA-CREF account and Northern IRA Fund free and clear of any right, title, claim and/or interest of Husband and that Husband shall retain as his sole and separate property his 401 (k), his Money Purchase Pension Plan and his Schwab IRA free and clear of any right, title, claim and/or interest of Wife, (f) NORTHERN TRUST BANK ACCOUNT: The parties agree that at the date of separation there was in existence a Northern Trust Bank account. This account was divided between the parties in July of 2000 and each party has had the exclusive use and possession of their fifty percent of the account since that time, Accordingly, any financial accounts created by either party as a result of the proceeds which he or she received from the Northern Trust Bank account shall remain the sole and separate property of the in whose name the accounts are titled free and clear of any right, title, claim and/or interest of the other. (g) G,E. LIFE INSURANCE: Wife and Husband acknowledge that Wife has a G, E, Life Insurance policy that has cash surrender value and that Wife shall be the sole and exclusive owner of said insurance policy free and clear of any right, title, claim or interest of Husband, For the purposes of this Marital Settlement Agreement, the parties agree that the cash surrender value of this policy is $1,575,00, - 6 - .C' ..,_, t].V.': (h) G, E. ENERGY EAST STOCK: The parties acknowledge that they own G, E. Energy East stock and that Husband shall be the sole and exclusive owner of said stock, free and clear of any right, title, claim or interest of Wife, For the purposes of this Marital Settlement Agreement, the parties agree that the said stock has a value of $1 ,000, (i) CLAIRE'S FIDELITY FEDERAL COLLEGE FUND: The parties acknowledge that during the marriage, contributions were made to a Fidelity Federal account in Claire's name, Said account shall become the sole and exclusive property of Claire and Wife shall be custodian of said account. The parties agree that the account shall be used for Claire's college expenses and shall be used as they mutually agree, When funds are utilized from the account, they shall be viewed as being provided 50% by Husband and 50% by Wife, If Claire does not attend college, the parties shall mutually agree on expenditures from the account for Claire's benefit, e,g" wedding, business start up expenses, etc. Any balance remaining in the fund shall become Claire's sole and exclusive property on her 30th birthday or at an earlier date if the parties so agree, In the event that Claire should die before her 30th birthday, any funds remaining in the account at that point in time shall be divided equally between the parties, If either party is deceased at the time of Claire's death, then the balance of the account is retained by the then living spouse, U) EQUITABLE DISTRIBUTION PAYMENT: Within ninety (90) days of the date of the execution of this Agreement, Husband shall pay to Wife as and for equitable distribution the sum of $85,872,00, See attached Exhibit "A" for the calculation of the equitable distribution payment. (k) CLAIRE'S BABY PHOTOGRAPHS AND VIDEOTAPES: Husband shall be entitled to a selection of Clarie's baby photographs and the videotapes of Claire. The four or five albums containing Claire's photographs and the videotapes will be provided by Wife to Husband one album or tape at a time for Husband's review, Husband may select the photographs he desires and have same - 7 - - " - ;-,- ,- ,.'- ," ,,' ~ . n'L' duplicated, The cost of duplication shall be shared equally by the parties. The time frame for review, selection and duplication of the albums by Husband shall be completed in 60 days, (I) MISCELLANEOUS PROPERTY: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (m) WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on March 23, 2000 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 shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability, (n) HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on March 23, 2000 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability, (0) WIFE'S RESIDENCE: The parties agrees that Wife purchased a residence at 457 Country Club Road, Camp Hill, Pennsylvania, 17011 after the parties' date of separation, The - 8 - "--. - - , ~" ...,----.', "" '< parties agree that said real estate shall become and sole and exclusive property of Wife, subject to any mortgage or other lien, Wife hereby agrees to be solely responsible for the payment of any and all mortgages, lien, taxes, utilities and all expenses incident to said real estate, Husband hereby waives any and all rights he may have, if any, to said real estate, Husband shall execute any and all documents necessary to effectuate this waiver, including the execution of a quit claim deed upon a request to do so, (p) HUSBAND'S RESIDENCE: , The parfies- agree that Husband 'has purchased -a residence at 115 Bryce Road, Camp Hill, Pennsylvania 17011 after the parties' separation, The parties agree that said real estate shall become and sole and exclusive property of Husband, subject to any mortgage or other lien, Husband hereby agrees to be solely responsible for the payment of any and all mortgages, lien, taxes, utilities and all expenses incident to said real estate, Wife hereby waives any and all rights he may have, if any, to said real estate, Wife shall execute any and all documents necessary to effectuate this waiver, including the execution of a quit claim deed upon a request to do so, 6. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. In the event that either party contracted or incurred any debts since the date of separation on March 23, 2000, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged, 7, MUTUAL RELEASE: Subject to the provisions of this Agreement, each'party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, Subject to the provisions of this Agreement, - 9 - .~~ " J. , --j~., each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa,C,S.A. Section 3302. 8, TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxaBle sale or excnange of such property: Ea-ch partypromisesrioH6 taKe-any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns, 9, LIFE INSURANCE: Husband agrees to continue to maintain in full force and effect insurance policies on his life issued in an amount of $2,000,000,00 This policy (or policies) is part of a trust account set up for Claire through Northern Trust Bank, in Sarasota, Florida, Husband's obligation to maintain this insurance shall end after Claire's graduation from college, Claire attaining 23 years of age or Claire's death, whichever shall first occur, Husband, at his discretion, may continue the insurance beyond the points in time outlined herein, Husband's ownership of said insurance policies shall be subject to the following conditions: (a) He shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value; (b) The beneficiary designations of the Trustee for the Trust are outlined in the terms of the Trust and remain fixed; (c) Husband shall be responsible for payment of the premiums incident to this policy and he shall have the right to substitute policies as long as the amount of coverage remains at $2,000,000,00 and there is no lapse in coverage; - 10 - _,_ -6'". '<-_, !llltei. (d) Husband shall make the payments incident to the insurance coverage required by this paragraph, Said payments shall be made out in the name of the Trust but shall be forwarded to Wife for payment; and (e) Within thirty (30) days after the execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on each insurance policy and that the insurer has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement. (f) Wife shall be entitled to annual proof of the irrevocable beneficiary designation upon request. 10, DISABILITY INSURANCE: Husband shall maintain disability insurance to guarantee his income in the event that he becomes disabled, Said insurance shall be comparable to the policy that was in place at the time the parties separated, 11, CUSTODY AND SUPPORT: The parties have agreed to a custodial arrangement for their minor daughter, Claire, and said arrangement is set forth in a Court Order dated November 29, 2000, docketed to No, 00-6215, Court of Common Pleas of Cumberland County, Pennsylvania, The parties agree to the following child support arrangement: (a) Husband agrees to pay to Wife the sum of $6,000 per month for a six (6) year period, with the six (6) year period having begun in July of 2002 and continuing through June of 2008, (b) Husband agrees to pay to Wife the sum of $4,000 per month for a three (3) year period, with the three year period running from July of 2008 through June of 2011, (c) The payments set forth in subparagraphs (a) and (b) above shall be non-taxable to Wife and non-deductible to Husband, (d) The parties shall share equally the cost of the Harrisburg Academy tuition and summer camp for Claire, Wife shall present Husband with the - 11 - ,~ " ,""",_ '~~_, -_ 0" ',' "-,>" "" annual tuition bill upon receipt and Wife shall be paid one-half of this bill within ten (10) days of presentation, (e) The parties shall share equally in the cost of Claire's extracurricular activities provided said activities have been approved by both parties, The camps which Claire was attending at the time of the signing of this Agreement are as follows: horseback riding lessons, art lessons and drama classes, If either party chooses to enroll Claire in additional extracurricular activities, those activities shall be approved by the other party, Consent to additional extracurricular activities shall not be unreasonably withheld, In the event, additional extracurricular activities are approved by both parties, the costs of those activities shall be shared equally by the parties, Husband shall continue to provide health insurance for Claire at the same level of coverage as is provided through his employer. If the coverage -is- nor provided free of charge to Claire, Husband shall be responsible for payment of the premiums incident to Claire's coverage, In the event that Wife has insurance available to her that provides better coverage f6r Claire, the parties can mutually agree to change Claire's coverage to Wife's health insurance plan, In the event that this transfer of coverage is completed, Husband shall pay the same amount as he would be required if coverage remained through his employer (Le. he will pay all premiums up to an amount equal to what he would have to pay if the coverage was provided by his employer), In the event that the coverage costs more than what Husband was required to pay through his employer, the parties by mutual agreement may still switch coverage; however, they shall share equally the difference between the cost of coverage under Husband's plan verses the cost of coverage under Wife's plan, The support pawments are currently being made by an electronic transfer of funds from Husband to Wife, The parties agree that they shall continue this form of payment without the entry of a formal Support Order. Payments shall be made by Husband to Wife within five (5) days of the due date which shall be the first of each month, In the event that payment is not made within the designated time frame, there shall be a late fee of 6% assessed against Husband, Further, if Husband misses two support payments (i,e" the support payments are more than two months late), Wife may provide a copy of this Agreement to the Domestic Relations Office and have a Support Order entered through that office, Said Order entered through Domestic Relations shall include a wage attachment. If Husband seeks a reduction of child support and is successful, Wife shall be entitled to receive alimony equal to the reduction in child support, This alimony would be an amount equal dollar-to-dollar to the reduction in child support, This alimony is not to be deductible to Husband or considered income to Wife, If Wife seeks an increase in child support and is successful, Husband shall be entitled to receive a monthly - 12 - . <- -- '$",--. . ,\ , ! ' , 1 payment from Wife in an amount equal to the increase in child support, The lump sum amount shall be equal dollar to dollar to the increase in child support, The parties agree that Husband's support obligation has been determined based upon a number of considerations, As part of the overall settlement in this case, the parties have engaged in extensive negotiations and the support agreement set forth herein is considered by both parties an integral part of the overall Agreement. Therefore, the parties further agree that neither party shall seek to modify this arrangement. While it is the intention of the parties that neither party shall seek to modify the support agreement as set forth herein, if Wife should institute an action for child support, it is agreed that Husband's child support obligations under this Agreement 'shallbe hull andv6id and shall instead be governed oy tile Support Droer, -If any Support Order for the child is made retroactive, Husband shall receive credits against the arrearage set by the Order for all payments made to Wife or on Claire's behalf under the provisions of this Agreement including, but not limited to, Husband's direct payments to Wife and Husband's payments of private school tuition, medical insurance, clothing, and unreimbursed medical expenses, 12, COLLEGE EXPENSES AND TUITION: The parties agree that, in the event that Claire attends college or pursues her education beyond high school, the expenses incident to her education shall be shared as follows: (a) In the event that Claire's college tuition is reimbursed in full in some fashion as a result of Wife's employment in a university setting (or other setting), then Husband shall be responsible for 100% of Claire's college expenses exclusive of any tuition and any other amounts paid as a result of Wife's employment. (b) In the event that Claire's tuition is reimbursed in part as a result of Wife's employment in a university setting (or other setting), then the parties shall share the balance of the tuition and oollege expenses on a 75%/25% basis with Husband paying 75% and Wife paying 25%, It is further noted that the partial reimbursement resulting from Wife's employment shall be credited toward Wife's 25% obligation and her 25% share of expenses, (c) In the event that there is no tuition reimbursement, the parties shall divide the tuition and college expenses on a 75%/25% basis with Husband paying 75% and Wife paying 25%, - 13 - - - . -, ~ .""" '.-' , ' , ! ' I 1 (d) College expenses as used in this Agreement shall be defined as tuition, room, board and books, (e) As indicated in Paragraph 5,(i), a Fidelity Federal Account (Account Number T121595455) has been created to assist the parties in funding Claire's education. Wife is currently the custodian of said account and shall remain custodian on that account. However, the parties shall mutually agree as to how the fund shall be used for Claire's college with the understanding that when funds are used, each party shall receive credit for 50% of the funds utilized for their pro rata obligation for payments under this paragraph, Husband shall be entitled to receive, upon request, an annual statement for Claire's account. (f) The agreement of the parties to pay college expenses is contingent upon 'Claire applying' for all grants; scnolarsllips, -loans and- all 6ttier financial assistance available to her, Any money received from these sources shall be utilized prior to the parties being obligated to make any contributions to Claire's college expenses, (g) In the event that Claire's college expenses are paid for via scholarships, grants or the like, or in the event that Claire does not go to college, the parties shall mutually agree on expenditures from the fund for Claire's benefit (e,g" including, but not limited to, her wedding, automobile, purchases, business start ups, etc,), Any balance remaining in the fund shall pass to Claire on Claire's thirtieth birthday, The parties agree that these provisions apply to an undergraduate degree program, In the event that Claire pursues her education beyond an undergraduate degree, Husband and Wife shall determine at that point in time whether any further payments shall be made toward to Claire's educational expenses, The parties' commitment to pay Claire's college expenses is contingent upon the following: (a) Each party shall have full input into the selection process and the final decision as to the college or university which Claire shall attend, (b) Claire shall sign all authorizations necessary to permit her grades, college records and transcripts to be released to both Husband and Wife and she shall sign any and all authorizations necessary to afford both Husband and Wife full access to her professors and the administration, (c) In addition to the above conditions, Father's and Mother's obligation under this paragraph shall end upon the first of the following events: (i) Claire's attainment of her undergraduate degree; - 14 - ""-';..--'-" ~ 1 \ '" " , , ( (ii) Claire's 25th birthday; or (Hi)' The death of Husband, Wife or Claire, (d) By mutual agreement, Husband and Wife may at any time terminate their commitment under this Agreement. 13, ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and - -satisfactory to them and are accepted I:ly- them il"l Iieu- ef and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony, Husband and Wife further voluntarily and intelligemtly waive and relinquish any right to seek from the other any payment for support or alimony with the exception of a reduction or increase in child support as outlined in Paragraph 11, 14, ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente 'lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, 15; INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each Will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, - 15 - ~~. ~ = ~ .i.I~'__ ,-, ., . "ijr&,:: "" ~ ' 1 t , , 1 16, WAIVERS OF CLAIMS AGAINST ESTATES: . Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives:and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, righUo take in intestacy, right to take against the will of the other, and right to act as admiriistrator or executor of the other's estate, Each will, at the request of the other,execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 17, MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa,C,SA Section 3301 (c), Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa,C,SA Section 3301 (c), Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. 18, EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or remarry after the Divorce Decree is entered or attempt to effect reconciliation, Cohabitation for the purposes of this Agreement shall be defined as Wife's sharing the same residence with any male, other than a member of her family within the degrees of consanguinity set forth in 23 PA. C,SA Section 3706 and.23 PA. C,SA Section 1304 (e) for a period of sixty (60) days, which days need not be consecutive, - 16 - .- , , - ""' -"". ~ l I \ , , , 19, BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, .at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20, THIRD PARTY BENEFICIARIES: Husband and Wife agree thaI it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future, 21, 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 that maybe reasonably required to give full force and effect to the provisions of this Agreement. 22, TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys, Further both parties hereby acknowledge that they have been advised, by their respective attomeys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice, 23, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full - 17 - - . , ~~'"""", , ' , , t . , 1 knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24, 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, ,Husband and Wife acknowledge and agree that the provisions of. this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and, other relevant factors which have been taken int<l consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa,C,S.A. Section 3501 et. seq, or any other laws, Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25, MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the' provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, . . 26, PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of nO'effect, - 18 - :.. -',^-,' ~ ;',. >, ,- -'-~~.' ",- -, llIIdll~ " ~ f , , , , , 27, 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 pa rties, 28, APPLICABLE LAW: . This Agreement shall be construed under lhelaws of the Commonwealth of Pennsylvania, 29, AGREEMENT ,BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, 30, CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part, IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written, , , ~SEAL) /~ /~1t~/ 'y~yx, Adam C, Abram ~"t. ,d....,~ 'alIA__ Mane Louise Abram (SEAL) - 19 - "--, ~'" \. . 1 \ , , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF J)t(fh)11 ~ On this, the 1;2. day of , 2004, before me, a Notary Public, the undersigned officer, persorfally appeared Adam C, Abram, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained, ) ( ) SS: IN WITNESS WHEREOF, I hereunto set rr)Y hand and Offici~ seal. -4~ #}, y2~ Notary Public -' .....",.. NO'fAIIlAL -. . Gl.C)RlAM.. IIokUY PublIC _...... . ...-.......:. 0A\Il'HIN ............ I cnv=ne;p...NOV5. 2007 ,My COMMONWEALTH OF PENNSYLVANIA COUNTY OF . Cum ber JOnJ ) ( ) SS: On this, the 51-h. day of!l'f;1/S + , 2004, before me, a Notary Public, the undersigned officer, perso lIy appeared Maria Louise Abram, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,- ,.j.. NOTARW.~ J PAM S. RUDY, Notary Mik: ~.~~UT~~C<1l.f!1iY' ,~ "'I ,~"jllOlu.l Aug. 14~, .' _~_~.~ I ~ """,- ) , l' , ,.", i _, _' o-"-___~, _ - . I I l I EXHIBIT "A" ABRAM MARITAL ASSETS Cumberland Ear, Nose & Throat Escrow account (Proceeds from sale of 850 Walnut Lane, marital residence) TIAA-CREF (W) 401 (k) (H) Money Purchase Pension Plan (H) G, E, Energy East Stock (H) G, E, Life Insurance (W) Schwab IRA (H) Northern IRA Fund (W) Total Assets Awarded to Husband Cumberland Ear, Nose & Throat 401 (k) G, E, Energy East Stock Schwab IRA Money Purchase Pension Plan $100,000 $ 80,824 $ 1,000 $ 59,863 $ 71,428 $313,115 Total $100,000 $ 77,079 * $ 48,184 $ 80,824 $ 71,428 $ 1,000 $ 1,575 $ 59,863 .$ 14,534 $454,487 Assets Awarded to Wife TIAA-CREF 0N) $ 48,184 Northern IRA Fund $ 14,534 G, E, Life Insurance $ 1,575 Escrow account (sale of mar. res,) $ 77,079' Total $141,372 Cash payment from Husband to Wife to equalize distribution $85,872,00 * The ending balance from the escrow account when said account was closed on or about July 29,2004 was $77,078,92. The figure noted above represents that figure rounded up for distribution purposes, It is the intent of the parties that the balance at time of distribution is the amount that will be awarded to Wife and the full value shall be counted as part of Wife's equitable distribution award, 63527,1 u_L ~- 'I , I , I , " I _,,~, -' 'c,,_ ~ ,.;" .'" ',., ,. ilnlll:{ '__'-1. MARIE LOmSE ABRAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 00-4042 ADAM COMBS ABRAM, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 ~ 3301 (c) of the Divorce Code, 2, Date and manner of service of the Complaint: Service was accepted by the Defendant's attorney on the 291h day of August, 2000, by signing an Acceptance of Service, 3, Date of execution of the Affidavit of Consent required by ~ 3301(c) ofthe Divorce Code: by Marie Louise Abram, Plaintiff, on August 13, 2004; by Adam Combs Abram, Defendant, on August 12, 2004, 4, Related claims pending: Settled by Marital Settlement Agreement dated August 12, 2004, - -., , " - - '). 5. Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: August 20, 2004 Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was flled with the Prothonotary: August 20, 2004 Respectfully submitted, REAGER & ADLER, PC DATED: <2/13(01- Deniso ,No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff );;'",. ".. ,~'[~~~T .t&~~~>-<~~ -,~_._--"" ","",'",',,,' .~--'" ~ l," .'~i', .'J,,',,'-,',', ,,,,..,.. >~~..~,_=,~,.." ~,_~<"'_ __~ _,~, ,.,,~- . -~ c,,,,,,' " ''', " '~ ,,- ,'- - - " r---..}. C~;;> \. c;:::::> -i~ ~'~ r,~ c.'] C) O~), tIl' ,~ w 0 MARIE LOUISE ABRAM, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 0-0 - Lf() t..f :;.. ~ * ADAM COMBS ABRAM, * CIVIL ACTION - LAW Defendant * 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (71 7) 249-31 66 ".,< " " ' " ~~- MARIE LOUISE ABRAM, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. #0- ,/{),/2 G;;;J I~ * ADAM COMBS ABRAM, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER !i3301 OF THE DIVORCE CODE 1 . Plaintiff is, Marie Louise Abram, who currently resides at 850 Walnut Lane, Carlisle, Pennsylvania. 2. Defendant is, Adam Combs Abram, who currently resides at 28 South Pitt Street, Carlisle, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on December 27, 1986. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. ,~', "~~ - ",_.- [-1(:" 7. The 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. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER ~3301 Ic) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11 . After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 Ic) of the Divorce Code. COUNT II. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301 Id) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. ~~ , ", 13. The marriage of the Parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 and ~3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY '" - ~ . . DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER ~3502(d) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 19. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER ~3701, ~3702 and ~3704 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. Plaintiff is unable to sustain herself during the course of litigation. :,,,,t' =~T"._ 22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain himself through appropriate employment. 23. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VI. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER ~3702 OF THE DIVORCE CODE 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 26. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 27. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. .'~" .~o 28. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VI. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 29. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 30. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 31. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 32. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce "0'.... .11#.1' decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. B R J. T AUB, ESQUIRE 265 orth Third Street Harrisburg, PA 17110 (717) 238-2200 10#17441 ATTORNEY FOR PLAINTIFF Date: "'~ , ' 1'01.">':.; VERI FICA TION I, Marie Louise Abram, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 4/Mo..L 2..2, 2ttv (j ~<~'()ka^- rie Louise Abram '-'-~.~..._..,..., - 'E"""--...mI!~1 - -- .!..llImrli'~'""'" . -"~ ~ €;)~ ~ ~ -..J oo--l~ \..}I '" N t ~ -.j C>.<\ Q..\ It ().) <::> D .t '" t ~ ~ t---, t ~ p ~ P' ~O >'0 (") ~' 9fr-~' (;:;C,- J' r:: :~?; ,''''- 5:; s---=-~ ~ c> C:.:') ""-.....) <: ::'" '=J -< ,~) :""J ::::~ (...) ~ ~ ~. , c, '-'" ~~~8/23/2000 13:29 717-238-9280 STERN OR WEINTRAUB PAGE 02 , MARIE LOUIE ABRAM, Plaintiff, * IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSVLVANIA NO. 60- -40/.j~Gu,{'-r-~ CIVIL ACTION - LAW CUSTODY * * vs. * * ADAM COMBS ABRAM, Defendant. * * ACCEPTANCE OF SERVICE I hereby accept service of the Complaint For Divorce Under Section 3301 (cl of the Divorce Code on behalf of my client Adam Combs Abram, which was filed on June 23, 2000, to the above referenced term and number, and verify that I am authorized to do so. Dated; J'?~3/t1tJ 08/23/00 WED 14:40 [TX/RX NO 8750] ~002 ,,,-~, / ~_~,l, ""i < 'U .' ~. ';',,,;,.-,, "-,, ~ ~ . "< - ~, ~~~ ~, ';""'" ~- "--~ 1'~ ...'C' () CJ 1~ c: 0 -"'... ~~ ::0...." -r;p:::' IT!r:-: '::-:1 7'--'('1 r~,) ~~S ,;::) ~C~_j :~ ~8 9 -~-; :P"'"c ~--;i 2': :;} :0 f'0 -< .,.,,,,.1 ~/ ~ . ~ '""OA_' .". ~J , . -- -- " '"'-':':;-'-';-~-;:'''':''''-'-~' .- ':,--j-~;,.";':~"~ -, - """,;;J,,;,,,~_;L ;;_ _",,-,:,',; -_:' "'~ ,---- --, ,- - '= -" MARIE LOUISE ABRAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4042 Civil Term ADAM COMBS ABRAM, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 23, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities, Date: i-13 -0'( dO-.u-~- 4"9<- .~ Marie Louise Abram, Plaintiff -;,..-" , L. " ." ,h.",e, ",; "".., ",", " ". .,' ,,>, ,-" :,--,'^ ^', 'r .;"" ~'" -~ ",.,;..' ''';;'','"""" '.,. '-':'--"::"'""... 1.1 II I --~O ,. ";";"',';>1''';'''">1,, '.... r--> ~:s J:'" f~ G'-J 1') C) o ~Tl :l~-n tTlf;;:; ":~?ltS; (fW;{ 2;,'~ :.:.-c C) (..n tRt , ,,-1_"";-' " :'-'~ ". ;:',:'~ -""-:"'- ,.--;;, ~ ';-',;--- ,-, "'';.;0., .",;. '-,--,,-"',-,- ""',' - ",:.: ,;.~; ~,;;,-~:: :;..~ I MARIE LOUISE ABRAM, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4042 Civil Term ADAM COMBS ABRAM, Defendant CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I ,consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will .not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: !~/3-0f 4..~..J........~ Marie Louise Abram, Plaintiff -::,,"-'^ . :.;,)c,;';~.q . ".C.,,',., , ,.;i; .c. 0= "',,' <;',;';,:';, .:.".)"iic'.";..; ".' , ........,. ..;,..',.;;;.;".;;..../ ,..... C) {.;! "'.. ""." "-> ~W C -,'I :;;:ji/o r-.. '''''''. c;-:; 1'\,;i C~ i, _~""J" ", ,"" ~-,~' " ","-'" -<"-"-'--,'-,';- ,,-:-:' -;; -,':'----'-', ';'-'_A '"":-'-;__','~ '-'""ce- ,.; '"C, ~'" " "~ < ~,-'-,,-,-" -'. '. "-',,, MARIE LOUISE ABRAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4042 Civil Term ADAM COMBS ABRAM, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 23, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authoriti . Date: j1~ J~-CIf ~ Adam Combs Abram, Defendant 2!0:,;;". "-"",,t-c,,;:';',,',; d'; "'--',':' -; ~~,.).;';::;,j~;-,;-': ~",,-, "",,," ,',;;",.J"J!""'[.,,.,..c..." ," ., " ..Cl . " .,.,.".......', ". " ~.,/", o ~-~';: ".'" . I '. "., ~;3: ...:::- C'i -'J'I =;J f'1'i;2:: "'"tJrn W~~ ~:3f""jl ~),J -< 1',) a o U1 . ,. ,-k- ,', '-':d.'_. ~, ~",",~,~, ","""," " -",,"': '" - 'i}, ",,_, ~","'.-" "/,- ,,"'-'" "'c" , j~' ,~'.,- "' --. '" -., ,,'i'_'-' .' ,~ - MARIE LOUISE ABRAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4042 Civil Term ADAM COMBS ABRAM, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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 verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: cA (;;2,4 ~ Adam Combs Abram, Defendant 70616.1 >:, "" ~,;'" l, ::..oJJ.^,;._~t,:,>;~:_~~~-:;~:;:>L';~i\;~i~,;,;L-! . ',,-;' ,,;~^,,;,;- ""~ii:'~<; , ,'c" ~'H_ , c ..\, ie' "i,,,,,\~/o.'L";"2;;' ~ <'_r" , _, ",-,-:", ;,~,' '~k-",' ':,,_<,<o',,:c" ie",,,,,,;,,,,..,.,,,,,,.,:. ...' f'"-.~' C:':,:, ("'::::l _1';;;- n' ,c.. (:'',1 c:> c.n rn IJ~.. ", '~ "-> - - "'" " >1 i MARY LOUISE ABRAM, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4042 ADAM COMBS ABRAM, Defendant : CIVIL ACTION - LAW : IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO TIlE COURT: Plaintiff, Mary Louise Abram, intends to proceed with the above captioned matter. REAGER ADLER, PC DATED: September 18,2003 BY De r Atto I.D. O. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ~ '. - ~ ' . . -, ,~-', - ,"- CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Sandy Meilton, Esquire Tucker Arensberg 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Dated: Ii' } ~ '3/07 '",C' ,n.,'''' ''', '1 -.' 4I~' 0'1'- "".,.y,"""""''''~''' "'k"'''IiI - -',.,"- lJl ~ -'" ~"'""~'~ "'i" '.,.,,"' " ..", "",..,,.,- () r~- C) ,-, ~ C,j- -,"'1 Vi'L e/) rn::::~ r-;'1 Z '-'0 L '" ~! L-J c:: .,. .''0 )..:::: "' Z .,~.~ ,- '. ..J--''' C "'-J __I :::> ::::::.:.:! ~D '. ..7 -~ ~ :16-" ,~ , ~-- ~ ,~" ~ H "'~i!i'-M1li.!!!lIlIL MARIE LOUISE ABRAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4042 Civil Term ADAM COMBS ABRAM, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this day of , 2003, upon consideration of the attached Statement of Intention to Proceed, IT IS HEREBY ORDERED that the within action shall not be terminated from the docket and shall remain active. BY THE COURT: J. 62681.1 -- o " ~lIt~:,,,i MARIE LOUISE ABRAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4042 Civil Term ADAM COMBS ABRAM, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S STAl1EMENT OF INTENTION TO PROCEED AND NOW, comes the Defendant, by and through his counsel, Tucker Arensberg, P.C., and files the within Statement to Proceed: 1. For quite some time, Plaintiff and Defendant have been in the process of negotiating the economics issues of their divorce, including support and an agreement was reached in 2002. (See July 8,2002 letter attached hereto) 2. Plaintiff's counsel at that time, Edward Weintraub, was to prepare the agreement; however, to defendant's counsel's knowledge, no agreement was prepared before Mr. Weintraub took ill. 3. After the untimely death of Mr. Weintraub, plaintiff retained new counsel, Debra A. Denison Cantor, Esquire. 4. Counsel for Defendant is hopeful that the agreement reached by the parties in 2002 can be finalized. , .~ -"-- ~ "" "' ~ T"-'",~-,_i 5. Defendant requests that the divorce action remain open and not be terminated so that this matter can move forward to resolution either by agreement by the parties or through the Court. WHEREFORE, Defendant respectfully requests this Honorable Court to not terminate the above matter and allow this case to continue. Respectfully submitted, TUCKER ARENSBERG, P.C. By: A--Mff*';~~ /' Sandra L. Meilton, # 551 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: q~;;2, j-o 3 Attorney for Defendant :~ ..-. '. ~.-.~ t~0" VERIFICATION I, Sandra L. Meilton, Esquire, attorney for Defendant, have personal knowledge of the facts contained in the foregoing Statement and, therefore, do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. ~/r~~~~ /Sandra L. Meilton DATE: Of -:J ~-o 3 ~~. ~~ -. ~I ~ "~. , [, ~ "-"""~~. ~ " Jilt1\llUILlJ.b\1';'i TUCKERARENSBERC ~5wARTz. , . CELEBRATING A CENTURY OF SERVICE July 8, 2002 Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 fILE COPl Dear Ed: Enclosed is a draft Support Stipulation. I have simultaneously forwarded the document to Adam for his review and will let you know if he has any comments, questions, changes or clarifications. Also, I wanted to take this opportunity to summarize the terms of the Property Settlement Agreement as I understand them. Adam will review the overall settlement as well and I will let you know if he has any comments, clarifications or corrections. The terms are as follows: 1., Equitable Distribution. Equitable distribution shall be along the terms set forth in my letter of June 25, 2002. Marie Louise did reserve the right to have information which she has regarding Adam's practice reviewed by Bruce Brown. It is my understanding, however, that we will use a $100,000 value for the practice barring any extraordinary findin!;js by Mr. Brown. 2. Child Support/Alimony. The Agreement with regard to alimony and child support covers a nine year period. The breakdown is as follows: (a) For Years 1 through 3 (a three year period beginning on July 1, 2002), Adam shall pay to Marie Louise $6,000 per month. All of this amount shall be designated as child support. As such, no portion of the amount is deductible to Adam or taxable to Marie Louise. This amount shall be nonmodifiable. Specifically, the amount is not modifia.ble or terminable in the event of Marie Louise's remarriage or cohabitation. However, in the event that Marie Louise were to remarry or cohabit, $3,000 of the $6,000 payment would become taxable to Marie Louise and deductible to Adam. At that point, we would have to revisit the child support obligation at the request of either party. The only exception to the nonmodifiability of this amount would be in the event of either party becoming disabled and unable to continue working attheir present level or in their present capacity. In that event, the situation would have to be re-examined. We do need to define how that re-examination would occur. (b) For Years 4 through 6 (a three year period beginning on July 1, 2005), Adam will continue to pay Marie Louise $6,000 per month. However, for this three year period, $3,000 of the amount will be designated as alimony and that is amount is taxable to Marie 111 NORTH FRONT STREET PO BOX a89 HARRISBURG, PA 17108-0889 717.234~4121 800~257.4121 FAX 717~232~6802 Pittsburgh . Pittsburgh Airport Area . Lewistown E~mail: tapc@tuckerlaw.com www.tuckerlaw.com - --1Ilill - ~ -~ ~ """"""--~'"."""'~""- .. ~ ~ IJjL "~" BllIl:'J<,,: TUCKERARENSBERG & S\. .R.TZ ~ CELEBRATING ^ CENTURY OF SERVICE Louise and deductible to Adam. The remaining $3,000 would be child support and not carry any taxable consequences. Under this same time frame, in the event that Marie Louise would remarry during this three year period, the $3,000 alimony payment would terminate. The alimony payment would also terminate upon Marie Louise's death. (c) For Years 7 through 9 (a three year period beginning on July 1, 2008), Adam will continue to pay Marie Louise $6,000 per month but at this point in time, the entire amount will be considered alimony and will be completely deductible to Adam and taxable to Marie Louise. There would be no child support paid, nor required, during this period, (d) During the nine year period, Marie Louise shall be responsible for payment of Claire's Harrisburg Academy tuition and for her summer camp expenses. (e) This Agreement is. contingent upon Claire continuing at the Harrisburg Academy. In the event that the parties decide that Claire should no longer attend the Academy, Father's monthly obligation will have to be reassessed. . (f) You and I. need to carefully review how the language of these paragraphs to assure that the amounts designated as alimony will in fact qualify as alimony. (g) Alimony must terminate on Adam's death, Marie Louise's death or (except as specifically provided otherwise) on Marie Louise's remarriage or cohabitation. In the event that alimony is terminated or modified, the child support provisions will need to be revisited. (h) As noted above, the Agreement as to alimony/child support is modifiable upon the disability of either party. (i) If at some point under the terms of this Agreement, alimony ends, then the child support issue must be revisited. (j) Marie Louise waives all claims to Adam's bonuses. (k) Finally, you and I need to discuss how we address the possibility that, by law, either party can ask the Court to modify the child support provisions set forth in the Agreement. There are a number of ways that we can Iiandle this and I would ask that you give me a call before you actually draft this part of the Agreement. 3. Colleae. The parties shall share, on a 75%-25% basis, Claire's college tuition, room and board. Expenses and whether the parties share expenses needs to be defined and clarified. This provision is contingent upon Adam, Marie Louise and Claire discussing and agreeing upon the choice of schools. We need to define other parameters and guidelines that need to be included in the parent's obligation to pay these expenses. If there is a college account, it will be subject to the terms set forth in Paragraph 6 of my letter of June 25. - N ~ ~~k.';', , TUCKER ARENSBERC & S\. ,R.TZ ~ CELERRA TINe A CENTUltY OF SERVICE 4. Life Insurance. Adam will keep in place $1 million in death benefits with Claire named as the beneficiary, or more likely, in trust for Claire. He currently has a $1 million term policy with State Farm and, at least at this point, it is his intention to keep that policy in place. In addition to the $1 million policy with State Farm, Adam also has a $500,000 policy in trust for Claire and a/$2 million term policy with Northwestern Mutual Life Insurance. Adam does not intend to continue to keep these policies in place, although he has no objection to Marie Louise doing so. The pplicies will be kept in place until Claire reaches 18 years of ago, or, if there is no college fund, until she reaches the age of 23. You reserved the right to review all of the policies and make a determination as to which is the best arrangement for Claire. However, it is understood that Adam's liability in this regard is limited to $1 million in coverage. We discussed the possibility of Marie Louise being designated as the trUstee for Claire until she reached 23 years of age. Adam will probably be more comfortable if Marie Louise is a co-trustee. 5. Disabilitv Insurarice. Adam will keep disability insurance in place until Claire reaches the age of 23. It is my understanding that you will draft the Agreement and forward a copy to me for my review with Adam. In the interim, I would appreciate if you would review the Support Stipulation and advise me of any changes, corrections or clarifications. I look forward to hearing from you: Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM:gmr Enclosure cc: Adam Abram, M.D. (with enclosure) 51197.1 J . " --."" ~ ~~ ~~ ,-,--~ ~",""'" CERTIFICATE OF SERVICE ~ I AND NOW, this ;)i-f . day of S rf-eq.,j)f/L ,2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P .C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Debra A. Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 di IJ?,L Gloria M. Rine ~,' "" '~.~'ffiiiJ,,\!!,~Ii&..~i!l!l'~ill~~""'''' -"1~,~""f"'" _~lilIIllllIiltl... -.~ "" ,~ l..il;j ~"- ~. _~o 'i I I I I I I I ~ C) '~ .;f. (,.;. .. 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