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HomeMy WebLinkAbout00-04568 --~. ~ ,~ , i II 11 'j i ! 'J i I j :i "~I ,J I :1 1 :ji :1 ',1 ,1] ";j j :,:" !i! -~ !,~ ,,-':' :::;j I" ,1 -~ 1 'J -.i "'l", , . . .. . .. Of. Of. Of.ili;li '" .. . , ;Ii '" ili;li "';Ii Of. :F. ;Ii:':1+! . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. . STATE OF . . . Barn1n N GQrh~rt . . No. 00-4568 El~int-iff . VERSUS . . . P3.tti J. Carhart . . . . . . Defenni'lnt . DECREE IN DIVORCE . . . . . VJ~ CS , ~}, IT IS ORDERED AND AND NOW, . . . DECREED THAT Hi'lrnln N Gerhi'lrt , PLAINTIFF, . . . . . . . . . . . . . . Patti J. Gerhart , DEFENDANT, AND 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;V~ . . . . . . . . . . Tt- i ~ fl1rt-hp-r nrnp-rFH1 t-hPlt- rhp- t-Arm~ of t-hA r:lrtt=l~hp..n ,lllnp- 13. Settlement Agreement are hereby , into this final 3ecr0',e>,~,,'" By ~ COURT:" ,," / . . . . . . . . . . . . . . . . . . . . ATTEST: J. ONOTARY . . ;Ii "';Ii ;Ii ;liOf.;Ii "'''' '" '" "''''''''''''' . "'''''''ili''' . . . ','" < ~ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~. ,--,~ .-'- '..L ._~U '-- ~'tilIll~~i""""'-'""'''''''''''''- Ili& r~ 1IIiI1I*.....~~c "'" -~~- . ~ ~~~" ,c'.' "; .. . . II.tl~ M ~.~'~'4~ /(/14:/ ~ ~ ~ ~_ .. < < , , ,"-, ,~Jll~UL o-U'-rrJT-nJnlDU ,_~, ~,> A' ~__'". " ~_ '" , . '-1",.,_. " " , , t . , Gerhart MSA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this R day of J",,.,q... , 2000, by and between Harold N. Gerhart, Jr., social security number 160-42-6687, hereinafter called "Husband", and Patti Jane Gerhart, social security number 209-46-1707, hereinafter called IIWife", WHEREAS, Husband and Wife were lawfully married on June 24, 1978, III Cumberland County, Pennsylvania; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husbandor 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. 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, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. 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. 1 .", '.. + ~,~=" " ,~ ",' ,," .~ " . , Gerhart MSA Each party shall be free from interference, authority and control 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 or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Neither party shall say or do anything to negatively influence or alienate the minor children from the other parent. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they. make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that either Wife or Husband will file with the Cumberland County Court of Common Pleas, Pennsylvania, a no-fault divorce action pursuant to Title 23, section 330I(c) of the Pennsylvania Divorce Code and amendments thereto. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the complaint in divorce. Upon execution of this agreement, and only if appropriate pursuant to the Pennsylvania Rules of Civil Procedure, the parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action. Each paIiy shall further execute any and all documents which may require his or 2 _~,_ __. 0_ v. r. - Gerhart MSA her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded' as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remis~, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any 3 i ,;r~ ,_~<_, ,,", ~, ,,< "~- -~- "-,,"'- . .' ---~ . Gerhart MSA such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. HIGHER EDUCATION COSTS OF CHILDREN: Without specificity, the parties agree that they shall contribute equally to the higher education costs of their children in separate amounts not to exceed $30,000.00 each. 5. EQUlT ABLE DISTRIBUTION: PREFACE: The parties have valued their entire marital estate as evidenced by attached Exhibit A. The parties have made use of either statement values associated with such assets or have attributed fair market values to such assets as the parties have deemed such value and stipulate hereto to such valuations. A. DISTRIBUTION OF ASSETS: 1. Husband does hereby grant, convey, transfer, assIgn, and deliver and set-over unto Wife the following assets, which said assets shall be and remain the sole and separate property of Wife hereafter, free ofany claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property: All items of jewelry, furs, and other items of personal adornment in Wife's possession. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the following assets, which said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. 3. ASSET DIVISION: 4 "4'l~1<k , Gerhart MSA The parties hereby agree that the following assets shall be divided in accordance with the schedule herein identified. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 3745 Mountain View Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17055: Husband and Wife are owners as tenants by the entireties of 3745 Mountain View Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17055 (referred to herein as the "premise"). Wife hereby conveys unto Husband all of Wife's right, title and interest in the premise and shall execute upon request a Special Warranty Deed reflecting her relinquishment, waiver and abandonment forever. Husband shall indemnifY and hold Wife harmless for all past, present and future indebtedness on the premis,e including all real estate taxes, utilities and municipal assessments. It is agreed and understood that in exchange for Wife's waiver to the premise, Husband shall pay to Wife her share of the equity in the premise, less any funds she may have received which exceed the total funds distributed to Husband (excepting the real estate) and as identified in the Asset Distribution attached hereto as Exhibit A. It is agreed that the total sum Wife shall receive from Husband for her share of the premise is $54,473.27. The parties acknowledge and agree that the premise has an approximate market value of$160,000.00. A 50/50% division of the equity equals $80,000.00. The parties further acknowledge that it is their respective desire that Husband remain in the marital residence for a period of at least three (3) years from the date of execution hereof so that the children are not uprooted. In light of their respective and mutual desire as weIl as Wife understanding that immediate payment may cause undue financial burden upon Husband, Wife hereby agrees that said $54,473.27 shall be payable on or before the expiration of said three (3) year period. In the event Husband fails to pay Wife within said period, then such act shall constitute a default whereupon Wife shall be entitled to all rights and remedies under the law, including but not limited to the right to 5 -"..\", ,_u, "",~' , ", .._ ,_ ., ,~,t , "_"I" . .,<_"__~",_,,~,,~"~.,___"*~ ---, ,,"" . Gerhart MSA C. AUTOMOBILES: The parties agree that the vehicles in their respective physical possession at the time of execution of this agreement shall remain the possession of the party and each shall cooperate if necessary in executing any and all documents to reflect such ownership, . including but not limited to titles, insurance documentation and registration forms. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make payment of such debt. Husband shall retain the 1994 Chevrolet Blazer, and Wife shall retain the 1992 Mazda. The parties further agree that their children shall continue to have use and possession of the 1991 Saturn and 1992 Dodge Shadow. The parties agree that they shall cooperate with their children in transferring title, if necessary, at the appropriate time. D. LIFE INSURANCE: 1. Husband: Husband agrees that so long as he remains employed, he shall maintain his life insurance policy on his life through the Commonwealth of . Pennsylvania and name the parties' children as the sole and exclusive beneficiaries of such policy. Further, Husband agrees that he shall pay if necessary any and all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the children as the sole and exclusive beneficiary, until the children attain the age of twenty-three (23) years. Further, Husband agrees that he shall, upon reasonable request but no more than once per year, provide proof to Wife, of the continuation of such insurance in compliance with this paragraph. In the event Husband fails to pay any of the premiums, dues or assessment that may become due on his policy or policies within fifteen days prior to a grace date thereof, 7 .-". ~ -. ,~ . Gerhart MSA Husband shall immediately become indebted too Wife in the amount of such premiums, dues or assessments, whether or not the same shall have been paid or advanced by Wife. In tl1e event that any of said policies shall have lapsed or expired, then Husband agrees that he shall immediately become indebted to Wife in the amount of the initial premium of a new policy or policies covering the life of Husband in the amount of the policy or policies that shall have lapsed or expired, and the Husband's obligation to continue to pay the premiums on a new policy shall continue as hereinbefore provided. 2. Wife: Wife agrees that she shaH maintain her life insurance policy on her life through her employer so long as she remains employed and shall further name the parties' children as the sole and exclusive beneficiaries of such policy. Further, Wife agrees that she shall pay all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the children as the sole and exclusive beneficiary. until the children attain the age of twenty-three (23) years. Further, Wife agrees that she shaH, upon reasonable request but no more than once per year, provide proof to Husband, at least annually, of the continuation of such insurance in compliance with this paragraph. In the event Wife fails to pay any of the premiums, dues or assessments that may become due on her policy within fifteen days prior to the grace date thereof, Wife shall immediately become indebted to Husband in the amount of such premiums, dues or assessments, whether or not. the same shall have been paid or advanced by Husband. In the event that any of said policies shall have lapsed or expired, then Wife agrees that she shall immediately become indebted to Husband in the amount of the initial premium of a new policy or policies covering the life of Wife in the amount of the policy or policies that shall have lapsed or expired, and the Wife's obligation to continue to pay the premiums on a new policy shall continue as hereinbefore provided. 3. Promptly after the execution and delivery of this agreement, Husband and Wife shall deliver to each other such respective insurance policy or policies or a certificate 8 _'"C"_ . r~ ,-. - Gerhart MSA or other instrument evidencing such irrevocable designation of the children as the beneficiaries of said insurance(s), and Husband and Wife shall execute and deliver all forms, instruments, and .documents which may be required and which may be appropriate or suitable so that the children shall be such irrevocable beneficiaries to the extent hereinbefore set forth. E. CHILDREN ACCOUNTS: Husband and Wife do hereby acknowledge and agree that the following assets were intended to be for the benefit of the children and shall remain as such. IDS New Dimensions Class A, account number 0000 0020 6343 8013 1 002 ($7,785.23) shall remain Brent's. IDS Growth Class A, account number 0000 0011 9343 8013 7 002 ($11,315.44) shall remain Nikole's. IDS Extra Income Class A, account number 0000 00425343 8013 6002 ($3,813.85) shall remain Brent's. The savings bonds of Husband ($4,700.00), Wife ($4,000.00), Brent ($2,300,00) and Nikole ($2,400.00) shall be used towards any educational pursuit of the children. Brent and Nikole shall use their respective bonds and Husband and Wife agree to combine their bonds and divide such equally in order to distribute them to their children in like fashion. F. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefor to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of 9 l!J,fc ,',C c , ~--~ , , ~~" , ." . Gerhart MSA beneficiary on insurance policies, tax- returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. It is understood that each party shall be requested and be required to execute the appropriate change of ownership forms for their respective IDS accounts. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other. all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' 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 shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 10 ':"",.>",, '0 . , ~- , , ,. . Gerhart MSA B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he wi\l not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnifY and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. Marital Debt: The parties acknowledge that each shall be individually responsible for and solely liable for the debts identified hereinbelow and shall further indemnifY and hold the other harmless to every and all extent including but not limited to all past, present, and future fees, costs and/or expenses associated with the collection of such debts, judgments, interest, taxes and suits. Further, each shall have such creditors identified herein release the non-responsible party from such installment obligation whether such is a loan or credit card. N/ A D. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnifY and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this 11 , "- ~: , ,-~. r' .. .' . Gerhart MSA Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. ,The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property Or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other froni any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property 12 ;.~ "",. - -,,~ , --".-- " ~ Gerhart MSA hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 10. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 11. REPRESENTATION: Both parties have been' given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and theirlegal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. 13 ~ '" - .-7 0_, ---~~"'- '1-. '. .' r . Gerhart MSA Each party acknowledges that he or she has had the opportunity to receIve independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully infonned as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 12. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 13. 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. 14. 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. IS. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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 14 ~ , ~ - 'r- " r . .. Gerhart MSA Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. VOID CLAUSES: 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 continue in full force, effect and operation. 19. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 20. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. 15 <'0 " -,-,= - . , . , "~r -""T~ - -, - ~ - - ,- .' T GEiilHART E.D. final.WKS 1 "SSET VALUE HUSBAND WIFE '7d~ Mo"nt~;n View Rn~<1 $160,000.00 $160,000.00 $0.00 PSECU checkina $11,823.00 $911.50 $10,911.50 DS Installment "ertificate $10,971.55 $10,971.55 ~OOOO 0080 0960 4552 3 001 IDS Stock ~ $25,869.58 $12,934.79 $12,934.79 0000 0020 3343 8013 4 002 IDS Cash ent Class A $3,179.97 $3,179.97 0000 0011 3343 8013 3 002 IHiah . Class A $85,210.23 $42605.12 $42,605.12 0000 0052 5343 8013 7 002 I IlnterMtiOMI Cla~s A $9,278.72 $9,278.72 0000 0012 8343 6 002 OS Life Protection Plus $9,029.62 $9.029.62 liDS $30,159.40 $30,159.40 0000 0930 0302 1104 7 004 IHusband's 10S IRA, 1~63 777 79\ Class A stock $8,084.03 $8,08403 00000010334380135002 Class A Mutual $13;267.36 $13,267.36 0000 0010 7343 8013 1 002 Class A ManaQed Allocation $33,847.08 $33,847.08 0000 0032 6343 8013 6 002 Class A International $5,700.49 $5,700.49 0000 0022 83438013 5 002 Roth IRA $2,378.83 $2,378.83 00000013234380130002 Wife's J DS .d01.78\ Class A New Dimensions $50,725.80 $50,725.80 0000 0010 6343 8013 8 002 Class A Extra Income $7,281.43 $7,281.43 0000 0022 5343 8013 8 002 IDS/Jones $120.00 $120.00 0000 0998 7129 0641 6 029 Roth IRA $2,274.55 $2,274.55 0000 0010 8343 8013 0 002 Westvaco Cornoration $42,312.56 $42,312.56 110000040428 1,410.4185 shares at $30 700 Shares at $30 $21,000.00 $21,000.00 TOTAL $532,514.20 $320,730.37 $211,783.83 one-half of total $266,257.10 Wde due ($54,473.27 difference 2 3 4 5 6 7 8 9 10 11 12 EXHIBIT A " ~ , -" < ,,- - .' . .~ . ~ Gerhart MSA IN WITNESS. WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~~ l.i'-if./~ 4p-~Ai- --r Harold N. Gerhart, Jr. pafk;;~~ Patti Jane (;1erhart Commonwealth of pennsylvania COUNTY OF 'Jh-(^' On this, the /1 day of '-.J ~ , 2000, before me, a Notary Public, personally appeared Harold N. Gerhart, Jr., known to me to be the person whose name is snbscribed to the within Settlement Agreement and acknowledged that he execnted the same for the purposes therein contained. : 58. IN WITNESS WHEREOF, I herennto set my hand and official seal. y Commission Expires: NolBI1aI Seal ~A MIller. Noiary Public HarrIsburg, Dauphin County .MYCOmmissIoi1 Expires April 30. 2001 Member Pennsylvania Association of NotariL' Commonwealth of Pennsylvania : S8. COUNTY OF YtJR(( On this, the )jl day of J '-! r( L , 2000, before me, a Notary Pnblic, personally appeared Patti Jane Gerhart, known to me to be the person whose name is subscribed to the within 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. ~A~ NOTARY PUBLIC My Commission Exnires: NOTARIAL SEAL RONAIl) G. AllEN, Notary Pull.lic FalrvlewTwp. York County I My COrnrAlS~ires 0cI. 2. 2001 16 ~ ,~- ~ ." ~" . ,",-"'" l' """ll'~ !!!lh"'bo_o_" . 0- . o (~ <::) <', ...... ,-,-, (") C z' -vi}: rnl-<;"~ 'Z.Co Zc u:'~ ~' ?,~ '.20 ~Q -;p;'c: :2: :.z ',-,,- . '" '" '~ ....n o -n ..4 ~:~~ -\1- n'l-;::-;;;:; ~:>s'o ':::''':-~/I ~..---" -::~ ~.-' . r~_.~;-~S :,),((1 .'-1 ..". ~ "~-'~ --'.~ ~" o' r..;> 0'- _.!fii!"JMilII!!'~~~1!l!I~~"h'W~'i~!fflWIl:l~~~, ~__" ~1IQ!~IiilI~!;l~lh..~~~.._=_. , . .' ~ Harold N. Gerhart PI ai Iltlff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 00-4568 Patti J. Gerhart 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 Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted service of the complaint on July 3, 2000, filed July 11, 2000; 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: Octoloer 13, 2000 Octoloer 13, 2000 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: Octoloer 16, 2000 by Defendant: October 16, 2000 4. Related claims pending: There are no related claims pending. Respectfully Submitted, " 1-~) tIL James A. M' er, Esquire ..s010 M Fl(et Street Ca ill, PA 17011 / 17) 737-6400 ~ _..~---. ~I ',-'I.. ~ , ~, , ',., "', . ''''", . T 11IfT 'Tf1 . 0 0 () ~. c;; -r; C) "'Om n .. mrT; ~ .-= Z:T.' c..:> . ~~~; t9 2t:;:: ~2: ~;~Qr !;2C) -0 ?~:B ~r' :::l1' c-d.(") ~> 0 ':? -,;::_n'1 :i>c --.~ -~ ~~ :;.> N ~ >, -~~-T"';":'~L",.. '_"_" .',CO .:C ~ MlIlll"~il'WIi'J""~!t-.Hlll'! .~" ,__>___!IllI~Ili!!"~5" ~. _~ .'" J ~ ~~" . .~--ic' .. .. . - , Harold N. Gerhart, Jr., SS#160-42-6687 Plaintiff IN THIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (y:\ - .L/SiDf Civil Term Patti J. Gerhart, SS#209-46-1707 Defendant CIVIL. ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 MA,Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (~ James A. Mille, Esquire Attorne laintiff !f-,~.~'- ~~ ~ . , --Ir . .' ~ . .. " Harold N. Gerhart, Jr, 5S#160-42-6687 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. _OV- '/ S'(., f r~ ----- 1~ Patti J. Gerhart, 55#209-46-1707 Defendant CIVIL. ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Mountain 17055. Plaintiff is Harold N. Gerhart, Jr., who currently resides at 3745 View Road, Mechanicsbul"g, Cumberland County, Pennsylvania, 2. Defendant is Patti J. Gerhart who presently resides at 74C1h W"rr"" W"y. M",..h",,; ,..<:h1llrg Cumberland County, Pennsylvania, 17055 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 24, 1978, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. "~,~ - , ., -1l....' ... ., - # COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree dissolving the marriage between Plaintiff and Defendant. Respeitfully Submitted, . f-i~, James . Miller, Esquire A ey for Plaintiff 513 North Second Street, Suite 100 Harrisburg, Pennsylvania 17101 (717) 236-5161 n""", ..' ---. ' wi'.' !JI" .. ~ VERIFICATION I verify that the stat~-:.e.'1ts "ace in the attached are true and =rre-::t. I \..lJ'l:lerstarrl that false statements herein are r.ade subject to the pel"Blties of 18 Pa. C.S. Section 4904 relating to =worn falsification to authorities. Date: &/,/'-"" )ca~#/l/d/~~.J- l /' : ,.. ....:;:;.. .~,~ ",.:-: ... " -<' ", 1"-" ~ .. , . " . , ~ .. .~ .. -.,.."",..,.. , ,. ?J V=-' --0 -4 8 I!'R-' ~ t. c.., ~ ~ ~, ~ .~ ~ C3 8 . I I ~ r~ J u ~".'" .___ ~ 6- () 0 ,', C c:> "'i'} <' '.-- .._.f '"lJf'" QJfT: s 'c~i~ - L_::I) 8 2~["' N S:~~: co ,-,..- '-'''''(") r-,', ...j"f, <.......... -0 :r;;_.", :J\: ~i~ :2"'~<' ):=0 N 'c: ;::.. ~ '-.> 1.';:>< 5:1 '0 -; m'j!t1ll'_qt~~~~l11'!!lllll'l'tl1~I_, ,"=_~'l\!llfl!'l!llimm~,_ '_~" ITl"o .. .. , , -, Harold N. Gerhart, SS#160-42-6687 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. () 0 ." Y5'~ 'I Civil Term Patti J. Gerhart, SS#209-46-1707 Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Patti J. Gerhart, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, Harold N. Gerhart, to the above term and docket. Date: 1- 3-:?OOO patf~J' ~ad-- - li~ ,~ ,~ !lII"'~^~ , .,=",~ 1- , --~-. ., a c:::> c ,~ ,~ ::?"" ~ v-lT (= rllrr~ ,-- 2::0 2C O)'""~. -c<. ~CJ ;;:.~-~' ~c :1.: 20 S>C :::J ~-j Z ,-' ~;;! :< :::1 ..-1 ..< __If:r~JT.~''!~~R__~rn_i,~:'Wl'fltWl!'WtfW~~~~'f!~!!lQ~~illilll!'Rl!!ll'I~~ ',' ". " " Harold N. Gerhart, $S#160-42-6687 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-4568 Patti J. Gerhart, SS#209-46-1707 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 28, 2000 and service was obtained upon the defendant by Defendant's Acceptance of Service filed on July 11, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have b~en advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and' correct. I understand that false statement!; herein are made subject to the penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. Date: C9 c/ / $. ,?( 000 / /.J~~~~-..~~ Harold N. Gerhart '","'=1 ~ ~~ ~, ,,e I , ""~, ..!I!IJ!!J~,~ (") c: '2~ -JC,-.~ rnr~-. z=,:, '-7 ~... L_l.._ S2~'~ . r-.:'t'~ ~~~:~ ).:";>oc: ?; -,~ , C) c::::: :::J :,", ....; ~ " <II V' ,~" ~~.' C;:) '"C,_~"t.r[m[jJflilm~'llii':Jl!!ffll).fl1.~_, ~~~~,~~Mi'!~~~_<_ .II. ''"'- , . Harold N. Gerhart, SS#160-42-6687 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4568 Patti J. Gerhart, SS#209-46-1707 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: {) d- / -J ~OCJO ~N.4~~~ Harold N. Gerhart .~,c .,' Ul~ . ". < -~. 0 (=' C) C C) ~s;: r:":) ~, i:;'; n S? 'S~ <~.4 ZC C' ~:i: yC'; ..:;::;: ., ~;~, --, "",", ::; :,:.1 --, C~ ".,;,. -, .~ e\_ -. . "', ,)mfl~?!'i~~~_A,~..,~~~fID~""I~q. ".., , , , Harold N. Gerhart, 55#160-42-6687 Plaintiff IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-4568 Patti J. Gerhart, 55#209-46-1707 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 28, 2000 and service was obtained upon the defendant by Defendant's Acceptance of Service filed on July 11, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. Date: 10.'3 .00 . fJtdi^7~~ Patti J. Gerh .0. ;\'\ ,,'~ -"~- . ..I!, ~ ,-;... .,~l.~L Ir~ ~ ~- ~~j;; z:;: t;S: -<c'. ~C; ~-2 ~~~ CI C~) Cl C") .-1 ~"!, 0-, 4:'; --, "",,, J < ;l~:"- ~d ~~ CD ~~~Nfflii.~ll!"i.!W!~m\!J'jl~mif!8"WMrmoor ~_o.~h.l: ~" ~ ~ ~t'iJ " c ...... {, .. ' Harold N. Gerhart, SS#160-42-6687 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-4568 Patti J. Gerhart, SS#209-46-1707 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: /0- /3 -00 PMbdifhWtad- Patti J. Ger rt ]'('~"i.{;\t~ I I I I l -,,- .~ <,.. " .. o !;; -;:] f"r-"; n-!I"-',- 2::i:.' ~~~ ~,> ~ =J -', ~" (=:J C":) o C') --1 ',' -::::J C8 _I!'l~ ,~,,~?,_J,t,1 ""'t~?'~~_ 4lInL:'_~~,~~~ _~_r>.wI~!IW!l!l.~~~. JJ~. ~ ,_.