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INDEX OF PROPERTY SETTLEMENT AGREEMENT
BETWEEN
CINDY J. LONG AND KENNETH L. LONG
SUBJECT
PAGE NUMBER
1. Separation
2. Interference
3. Agreement Not A Bar to
Divorce Proceedings
4, Incorporation in Divorce Decree
5, Ef fect i ve Date
6, Distribution Date
7, Mutual Release
8. Representation by Counsel
9. Warranty as to Existing Obligations
10. Warrant as to Future Obligations
11. Prior Agreement
12. Personal Property
13. Division of Real Property
14, Bank Accounts
15. Distribution of Individual Retirement Accounts
16. Distribution of Individual Retirement Accounts
17, Pensions. Annuities and/or Retirement Benefits
18, Legg Mason Account
19, Business Interests
20, Motor Vehicles
21, After-Acquired Property
22. Spousal Maintenance and Child Support
23, Life Insurance
24, Health Insurance - Child
25, Health Insurance - Wife
26, Joint Tax Returns
27, Income Tax Prior Returns
28, Applicability of Tax Law to
Property Transfer
29, Waiver of AlimollY
30, Effect of Divorce Decree
31. Breach
32, Waiver of ClaIms
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INDEX OF PROPERTY SETTLEMENT AGREEMENT
BETWEEN
CINDY J. LONG AND KENNETH L. LONG
SUBJECT
PAGE NUMBER
33. Entire Agreement. ,
34, Financial Disclosure
35, Agreement Binding on Heirs
36. Additional Instruments. .
37. Void Clauses. . , , . . .
38. Independent Separate Covenants
39, Modification and Waiver
40. Descriptive Headings
41. Applicable Law. . . . ,
26
27
28
28
28
29
29
29
30
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between each other, incIudin'l, wiLhlJul I imildl ilJn I>y
specification:
the settI inrl of 0111 mdll"1 II I"" w"'I'n th',m relating
to the ownership and equitdbll' dilltlil>uLioll .>1 I"'ill ,Ind penJOnal
property; settling of .ill mdtL.."" 1'l'tw"1'1I 111<'111 n'J"t in'l to the
past, present and future HUppOl'l~. oil i mony dwJ/or 1I1il i nt:enance of
WIFE by HUSBAND or of HUSBAND by WI FE; nett ling of .:ill mat tel'S
between them relatinCj to Lhe p.wt, pl'l~Hl.'nt. .llld future support
and/or maintenance of Lh" dli ld; ,,1111 ill 'l,'n"I'aJ, the nettling of
any and all c1.dn\fJ dnd pOll"il').' l'I.limH I,y ""l' .1gilinst the other
or against the'i I' ret;pt~C'1 i Vi' j~::l ,III'n.
NOW, THEREFORE, ill 1'''11::111<'1',11 i"n "I I h" pre1l1ises and of
the 1I1utual 1'1 "llIi:"',;, ""VI'II"nt" ..lid und"I'tdkillqs hel'l:inafter set
forth and fll}' 1'1 b'-'l 'llJlld .!lld v.illl"bl,' ('(lll!:ldj~l'<llion, ['eceipt of
which is h~'lj'l,y "I'kll(IWII'dqpd hy "dt'b ()t t h.' p,lI:ties hereto,
HUSBAND and \~lFE. ,',wh inl"lIdillq t" I,.. l..q.illy bound hereby
covenant. (lnd .1;111'1' ,I:; t,lll\lw:;:
1. SEPARATION:
11!1,;HMii' IIli \'ilFE ,;lI,ill ..I .ill limes
hL~l-,',lft"1 ILl\" ! It', I ;,tlll I, II','" ::"I'<lI-lt,. dl\d dlLlrt from each
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other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control,
restraint or interference whatsoever by the other, Neither party
shall molest the other or endeavor to compel the other to cohabit
or dwell with him or her by any legal or other proceedings. The
foregoing provisions shall not be taken to be an admission on the
part of either HUSBAND or WIFE of the lawfulness or unlawfulness
of the causes leading to their living apart,
2, INTERFERENCE: 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 or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other. 'or in any
way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from the other, and each
of the parties hereto completely understands and agrees that
neithet' shal1 do or C'ilY anything to the child of the pat,ties at
anytime vlhich might in any way influence the child cldversely
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against the other party, it being the intention of both parties
to minimize the effect of any such separation upon the child.
3, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party, This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof,
4. INCORPORATION IN DIVORCE DECREE: It is "further
agreed, covenanted and stipulated that this Agreement, or the
essential partH hereof, shall be incorporated in any decree
hereinafter ent."red by any coun o[ compet.cnt jurisdiction in any
divol'ce proce,.dings that have been or may b" instituted by the
part ies [01' t h,.' plll'pose o[ en(Ol-C ing the cont l-actua lobI igat ions
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7, MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise. release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hel-eafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, 01' the 1-ight to treat a-lifetime
conveyance by the other as a testamentary gift, or all other
rights of a Slll-vivirlg SpOllSC to participate ill a dec~ased
spouse I s estatc~, whet.lh~r arif3inq under the l<.-l.WS of
(al pennsylvanid, ibl any State, ('ol1\monw,'alth or tel-1'ito1'Y of the
United States, or iclany count1'y or dny riqhts which ,,,itht'~r party
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may hdve or at dny t imc hel'eilftcl' shall hav(~ for past ( present or
future support OJ' milintcnilnce, alimony, alimony pendente lite,
counsel fees, division of property, costs or expenses, whether
arising as a result of the marital relationship or otherwise,
except, all riqhts and agl'eeme:1ts and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provisions thel'Bof,
It is the intention of HUSBAND
and WIFE to give each other by the execution of this Agreement a
full, complete and general release with respect to any and all
property of any kind or nature. real, personal or mixed, which
the other new owns ur may hereafter acquire. except and only
except all riqhts and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provision thereof,
It is further agreed that this
Agreement shall be dnd constitute a full and final resolution of
any and ,111 cl.lims which "dch of the part i,"" may hay', against the
other for t~quirllblc division \)f Pl"Op(>l"ty, ,dimony, ("outlsel fees
and expenses, rllimony pend('nt~l lite 01' dllY <,thpr l:l~lims pursuant
to the PenJ1syl\'dnii) Divon..'t! CI...;dt". ()to tilt! di'.',n"C't-: law:: of dny other
JUl'isciict ion.
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B. REPRESENTATION BY COUNSEL: This Agreement has been
prepared by MARIA P. COGNETTI, Esquire, counsel for Wife, Said
counsel has acted solely as counsel for Wife and has not advised
or represented HUSBAND in any manner whatsoever, HUSBAND, at the
commencement of. and at all stages during the negotiation of this
Agreement has been advised that he could be represented by his
own counsel but at all times has elected not to be so
represented, HUSBAND has read this Agreement carefully and
thoroughly, fully understanding each of its provisions. and
therefore signs it clearly and voluntarily,
HUSBAND and WIFE acknowledge that this Agreement is not
the result of any duress or undue influence and that it is not
the result of any collusion or improper or illegal Agreement or
Agreements, The parties fUl'ther acknowledge that they have each
made to the other a full accounting of their respective assets,
estate, liabilities. and sources of income and that they waive
any specific enumeration thereof fOl' the ptll'pose cf this
Agreement, Edeh party aCln>',s that he or sh., shall not. at any
time raise as a defense 01' oL}h:'rwi~3e thl~ 1,'lCk of such disclosure
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in any legal proceeding involving this Agreement, with the
exception of disclosure that may have been fraudulently withheld.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents thilt they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement, Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement,
10. WARRANTY AS TO FUTURE OBLIGAT~: HUSBAND and WIFE
covenant. warrant, represent and agree thilt with the exception of
obligations Get forth in this Agreement, neither of them shall
het"eafter tllCUl any liabit ity "hat soever for which the estate of
the othel' may be liable, Each party shall indemnify and hold
harmless the <:Jtller party fat' and against any and all debts,
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charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement,
11. PRIOR AGREEMENT: The parties have previously
executed an Agreement on July 22, 1996,
It is the parties'
intention that said Agreement shall be and become null and void,
12. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items
which are now in the possession or under- the control of the
other. Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request.
By these presents, each of the parties hereby specifically
waives, relecJ.~_;':'s, renounc,:,!s ~111d [ol'eVt~r abandons whatever claims
he or she Illay lI.IV.. wi t h I'>~;pect to any personal property which is
in the pLl~>ses"inn of th,' ,'l hel. ami which ~3hall become the sole
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and separate pl'operty of the other from the date of execution
hereof,
13. DIVISION OF REAL PROPERTY:
(a) HUSBAND agrees to transfer all his right, title and
interest in and to the real estate situated at 33 Westwood Court
Enola, Cumberland County, Pennsylvania, now titled in the name of
WIFE only, to WIFE and agrees to immediately execute now and in
the future any and all deeds. documents or papers necessary to
effect such tr~l1sfer of title upon request, HUSBAND further
acknowledges th~t he has no claim, right, interest or title
whatsoever in said property and further agrees never to assert
any claim to said property in the future,
WIFE heueby covenants and agrees to assume and pay in full
the remaining l;alance of the mortgage now existingOand'presently
constituting a lien upon and encumbering the same premises, such
mortgage beiIlq l_)\..'ed and p~l)..ablt: to Harris ScJ.vings Association.
ibl \'IIFE agl'l'es to uo.nsft'l' ..111 h", loight, title and
intel'l'st in "nti to the ,,'al .",t at., situat'cd ,It 13 \-Ipstwood Court,
EnoL,. Cumbel !.uld Cuunty, 1'.'n:1:'ylv.1nia, now titled in the name of
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HUSBAND only, to HUSBAND except as pl'ovidcd herein, and agrees to
immediately execute now and in the future any and all deeds,
documents or p~pers necessary to effect such transfer of title
upon request, WIFE further acknowledges that she has no claim,
right, interest or title whatsoever in said property and further
agrees never to assert any claim to said property in the future,
HUSBAND hereby covenants and agrees to assume and pay in
full the remaining balance of the mortgage now existing and
presently constituting a lien upon and encumbering the same
premises, such mortgage being owed and payable to Homeside
Lending, Inc,
(c) Tl~ real estate owned by the parties as tenants by
the entireties and situated at 1621 Green Street, Harrisburg,
Pennsylvania. has been sold by the agreement of the parties for a
price of $39,900,00. Upon settlement of the sale of s~id real
estate. the n.ot proceeds thel-e[rom, after payment at the first
mortgage and the costs at sale, shall be distribut.:>d to \-11 FE ,
Both parties [\Il.th."r agre,. to do evel'ythillCj present: 1.,. or in the
futul'e necessary and to execute, all doc\Iment: s requin>d fOl' the
sale of said r~al estate,
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WIFE is entitled to collect all rental monies from that
property until such time as final settlement on the property.
Said rental money shall be collected by WIFE without any interest
or claim on the part of HUSBAND. HUSBAND hereby waives all
claim, right, interest or title whatsoever in the proceeds from
that property and/or any rental income received by WIFE,
14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that
they each possess certain bank accounts and the like in their
respective names, They hereby agree that each shall become sole
owner of their respective accounts and they each hereby waive any
interest in. or claim to, any funds held by the other in such
accounts.
15. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS:
HUSBAND hereby acknowledges and agrees that WIFE shall retain. as
her separate property. free ,lnd clear from any clair:l. right.
title or inler,>,;t on the part of the HUSBAND. her Individual
Ret irement A'T"unt with MelTill Lynch, HUSBAND her':eby
acknowledges t il,it he haG IHJ hllt"tv'l" c'laim, ~ lCJht, t itlt~ or
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interest whatsoever in the Individual Retirement Account of WIFE,
and further agree never to assert any claim to the asset in the
future.
16. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: WIFE
hereby acknowledges and agrees that HUSBAND shall retain, as his
separate property, free and clear from any claim, right, title or
interest on the part of the WIFE, his Individual Retirement
Account with Merrill Lynch, WIFE hereby acknowledges that she
has no further claim, right, title or interest whatsoever in the
Individual Retirement Account of HUSBAND, and further agree never
to assert any claim to the asset in the future,
17, PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE
agrees that any monies which HUSBAND has acquired through his
interests i,n c,ither pensions. profit sharing. savings and thrift
plans, annuitl,'s and/en r.:ti1'<%('nt benefit,,; through Roadway
Express shall l,:'main his i3lJle ,ll1d <':<clu"iv,' prop':l'ty. WIFE
agrees to waiv,' <1ny intere'3!: ah.> l1l<1Y h<1ve in such property and
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have WIFE'S name removed from said debt(s).
In no event shall
the removal of WIFE'S name from any debt occur any later than
June I, 1997. HUSBAND shall provide WIFE with proof that her
name has been removed from all business debt no later than June
I, 1997,
20. MOTOR VEHICLES: With respect to the motor vehicles
owned by one or both of the parties, they agree as follows:
(a) The 1996 Acura 2,5 TL shall be and remain the sole
and exclusive property of WIFE;
(b) The 1996 Ford Taurus shall be and remain the sole
and exclusive property of HUSBAND,
The titles to the said motor vehicles shall be executed by
the parties. if appropriate for affecting transfer as herein
provided, on the date of execution of this Agreement, and said
executed title shall be delivered to the proper party on the
distribution d~te, Each party agrees to be solely responsible
for the amounts presently due and owing against his or her
l'espective automobile,
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21. AFTER-ACOUIRED PROPERTY: Each of the p~rties 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,
22. SPOUSAL MAINTENANCE AND CHILD SUPPORT: HUSBAND
agrees to pay to WIFE the sum of THREE HUNDRED DOLLARS ($300,00)
per week or ONE THOUSAND TWO HUNDRED NINETY NINE DOLLARS
(1,299.00) per month for her separate support and maintenance,
Said payments "hall be made monthly and shall commence on the
fifteenth (15th) day of the month following the execution of this
agreement and shall continue through and include a.payrrient on
January 15. 20L~, Said paympnto; shall be non-modifiable and
shall not ten:lilh1te llpon WIFE'" roh,lbitaticn, Solid p,1yments
shall only tel:1:inat,,, llpon I. h.' d"ath at eit!l,..r party, lOll January
16, 2012, or upon \oJIFE's l"eloc,tllon trom h..~~ Pl-.:sent home,
whichever sllall fil"flt: occur.
I t IS th,> int,:nt ion, 'lIlderstanding
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and agreement of the parties that the payments described in this
paragraph, to the extent permitted by law, shall constitute
spousal support or alimony as those terms are defined in the
Internal Revenue Code of 1986, as amended, and any successor
thereto, and that, accordingly, all such payments shall be
includable in WIFE's gross income and deductible by HUSBAND for
Federal income tax purposes pursuant to the terms of the Internal
Revenue Code, I1IFE shall, at her option, be pel'mitted to enforce
this paragraph through the Domestic Relations Office of
Cumberland County, Pennsylvania, Said enforcement shall include
but is not limited to the ability to reduce the terms of this
Agreement to an Order and wage attachment,
Husband agrees to pay to WIFE, for the support of the
parties' minor child, the sum of THREE HUNDRED DOLLARS ($300.00)
per week or ONE THOUSAND TWO HUNDRED NINETY NINE DOLLARS
($1,299,001 per month, Said payments shall continue until the
parties' daughter turns eighteen years old or graduates from high
school. whichever shall last Dccur, 1,1 FE shall. at lwr option,
be permitted to enforce this paraglaph throuqh the Domestic
Relations Offl('", of C'umbcrL1ll:l County. p'onn:;ylv;mia, Said
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enforcement shall include but is not limited to the ability to
reduce the tenns of this Agreement to an Order and wage
attachment. WIFE agrees that if she files for an increase in
child support during the time she is receiving alimony, and she
is granted an increase, then and in that event, her alimony shall
decrease by an amount equal to her increase in child support,
HUSBAND agrees that if he files for a decrease in child support
during the time he is paying alimony, and he is granted a
decrease, then and in that event, his alimony payments shall
increase by an amount equal to his reduction in child support.
If WIFE'S alimony increases due to a reduction in child support,
HUSBAND agrees to reimburse \lIFE for any increased tax liability
which results from the increase in alimony payments to WIFE.
The panies also specifically agree that these payments
are not intended to be a debt which is affected by a discharge in
bankruptcy, They further specif icall y intend that HUSBAND's
obligations under the terms of this Agreement shall not be
subject to dischal'ge in bankruplcy because they acknowledge that
such arp neCt:-~~~;tlry tal' WIFE to meet her fil~ancia.l nbli~lations and
to Sllppol't ilnd maintain h,'l' st,llldal'd of lj':inq and that of the
.19.
parties' child, Darian, HUSBAND represents that there are no
bankruptcy proceedings presently pending in which he is involved,
HUSBAND expressly agrees not to file a bankruptcy action prior to
the completion of his obligations pursuant to this paragraph.
This debt shall not be discharged in a bankruptcy action filed by
or on behalf of HUSBAND,
If HUSBAND files for bankruptcy, this Agreement shall
constitute conclusive evidence of the parties' intent that the
obligations of this paragraph are in the nature of maintenance
and are not dischargeable under bankruptcy under current
bankruptcy law or under any amendment thereto, Further, if
HUSBAND institutes any action in bankmptcy or any other
bankruptcy proceeding is instituted in which WIFE's right to
these monthly payments becomes a matter for judiciary review,
HUSBAND agrees to consent to any mot ion f i l'cd by WI FE wi th the
bankruptcy COUI ls, \~herein she may request that the bankt'uptcy
courts abstain ft'om deciding the dischargeability of this
obligation and ,1ny other obligations to hel' hel'\:und"l' In ord':l' to
allow the appropriate Court of Common Pleas to rule upon this
lssue.
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23. LIFE INSURANCE, It is further understood and agreed
by and between the parties that HUSBAND shall maintain and keep
in full force and effect the New York Life insurance policy
number 43 565 657 in the minimum amount of $250,000 upon his life
wherein WIFE shall be named owner and irrevocable beneficiary.
Darian would be the secondary beneficiary, WIFE shall have
whatever rights an owner is entitled to including entitlement to
the cash value,
HUSBAND is responsible for paying all premiums associated
with said policy and agrees never to allow said coverage to
lapse. WIFE agrees however that, once able. premiums may be paid
from interest as long as the minimum death benefit of $250,000.00
is not effected, Should HUSBAND fail to pay a premium when due,
\'iIFE shall have the right to make payment thereof and in such
event, HUSBAND shall immediately reimburse WIFE for such debt so
paid by her, HUSBAND agrees. whel'ever pass ible, to make
arrangements with the insurance carrier to notify WIFE of the due
date of any Pl'.cmium so that notices thereof will be l'eceived by
her,
If and in the event HUSBAND allows said ccver:lge to lapse,
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28. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spouses, The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
in this Agreement without recognition of gain on such transfer
and subject tu the carry-over basis provisions of the said Act,
29. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions [or their individual
benefit are satisfactory with regard to their support and
maintenance, !',1,;t, present and future, Th,' parties l'elease and
discharge the ,',ther absolutely and fon'vel tor the rest of their
lives [1'0111 ~111 "lilim~, \-lnd dellldnns, pant, pl'("~H."nt IJt" tlltun~1 fol'
alimony or !(J! -IllY l)l"()visi,)n [Ot. Sllppllrt (\1 m,lintr?nclnl>_~, pxct'~pt
dn !;p,'citir',111'.,' pl'l'lidl.d t\!l" lh-'It.ill. Till" II,lttit_':-: tllrther
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acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have 01' hereafter have against the other for
alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein,
30. EFFECT OF DIVORCE DECREE: The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a
final Decree in Divorce may be entered with respect to the
parties.
31. BR,EACH: If e i t her party breaches any provision of
this Agreement. the other party shall have the right, at his or
her election, 1'<) sue for damages for such breach or seek such
other remedies <)1' relief as may be available to him or her, and
the party bn>,l("hinq t.his contract shall be l'.esponsible for
payment of r(>,,:;"lh,ble leqal tees and cost" illcurred by the other
in enforcin'} I h,'ir l'iqhtc; Ullclel' this Aqree">'llt,
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32. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the
present and future la\~s of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, includir.g without limitation. dower, curtesy,
statutory allowance, widow's allowance, widower's allowance,
right to take in intestacy, right to take against the Will of the
other, and the right to act as administrator or executor of the
other's estate, Each party will, at the request of the other,
execute, acknowledge and deliver any and all instruments which
may be necessQry or advisable to carry into effect this mutual
waiver and rel illqu ishment of all such i nteH,sts, rights and
claims,
33. ENTIRE AGREEMENT: This ^qn,p.m"llt" contaim; the entire
understandinq ()1 thl~ part i,'~[) ,111d Lhf~l"C! ,11'1' !l(l l'(~pres('~I1tat ions,
warranties, cnVl'lldlltu ul- 1IIldlll'Lakil1tJ~-' othPl than those expressly
set fOl'th hen'ill,
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34. FINANCIAL DISCLOSURE: The parties confirm that they
have relied on the completeness and substantial accuracy of the
financial disclosure of the other as an inducement to the
execution of this Agreement, The pal-ties acknowledge that there
has been no formal discovery conducted in their pending divorce
action and tlwt neither party has filed an Inventory and
Appraisement as required by Section 3505(bl of the Pennsylvania
Divorce Code, Notwithstanding the foregoing, the rights of
either party to pursue a claim for equitable distribution,
pursuant to the Pennsylvania Divorce Code, of any interest owned
by the other pdt'ty in an asset of any nature at any time prior to
the date of execution of this Agreement that was not disclosed to
the other party or his or her counsel prior to the date of the
within Agl'eem'~nt is expressly reserved,
III the event that either
pat'ty, at any I imc h",,'eaftet-, riiscOVC1'S such ,1l1 undisclosed
aSBet, the pall y ~.ht111 lhlVP the' [.iqht. to p..t i tion .1 Court of
appropl'iat,. jLll:;di('Lioll to tTLlk.. "'luitabl.' li:;tl'ibuLion of said
a:::;St~t .
- 27-
, "
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,
38. 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
Agreement,
39. MODIFICATION AND WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if milde in writ.ing and executed with the same formality as this
Agreement, TIlt; failure of either party to insist upon strict
performance of clny of the provisions of this Agreement shall not
be construed as a waiver of any subsequent defaulta of the same
or similar nature.
40, DESCRIPTIVE HEADINGS: The descdptive headings used
hen,in ilre [C'1 ,'clllvenience only, They shall have no affect
. ~ll.
, "
, "
. .. ,
whatsoever in determining the rights or obligations of the parties,
41. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980 and any amendments
thereto.
IN WITNESS l'iHEREOF. the parties hereto have set their
hands and seals the d~te and year first above written,
~/
WITNESS
(SEAL)
~
WITNESS
- J()-
. ., .
, "
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C"..billj"j
SS:
AI)/', /
,
before me, a Notary Publ ie, the: undersigned off icer, personally
appeared CINDY .1. LONG, known to me lor satisfactorily proven) to
be the person whose nilme is subscribed to the foregoing Property
Set t lement Agreement and C1cknowledged that she executed the same
for the purposes therein contained,
On this. the .2l- day of
, 1997,
IN WITNESS WHEREOF. I hereunto set my hand and official seal,
Nol;lrtal 5":1'1.' ,.
SleVQfl B Walley. NatrllY Pub1rr
EaSl PVMsooro Twp ,CumbU'lilr1d C;ll:/lT~
My Commission e.plfOS Doc ,': ;lIW!
Memher, PermsvlvJOIJ ASSOC131lol1 ~,I Nll!.uj~:'
,~
~/
Notiuy Publ ic
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF
On this. th", J..L day ot A IJI. I I , 1997,
befol'e me. a Notary Public, the ur(dersignecl officel, personally
appeared KENNETH L, LONG. known to me (or satisfactorily proven)
to be the person whose name is subscribed to the foregoing
Property Settlement l\greement and acknowledged that he executed
the same for the purposes therein contained,
IN WITNESS I,HEREOF, I hereunto set my hand and off: icial seal.
i'l,'i,:;li Sl'l!
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CINDY J, LONG,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ANIA
\"
NO, q 1- ()S-' 1 C' I. I /I
\.L\.\.V l!r I
KENNETlIl..LONli,
Dclcndllnt
CIVIL ACTION. LA W
IN DIVORCE
NOTICE TO DF.FEND AND CLAIM IUGHTS
You havc bccn sucd in Court. I f you wish 10 dcfcnd againslthc claims sct I<Jrth in
thc following pagcs, you must lakc prompt action, Youllrc warned that if you fail to do
so. the easc may procccd without you and a Decrcc of Divorce or annulmcntmay bc
cntcrcd againsl you hy thc Court, A judgmcntmay also hc cntcred against you lor any
othcr elaim or relicf rcquested in thcsc papcrs by thc Plaintiff. You may losc money or
propcrty or other rights importanl to you,
When the ground for divorec is indignities or irrctricvable breakdown of thc
marriage, you may rcqucst marriagc counseling, A list of marriage counselors is
availablc in the oflice ofthc Prothonotary at the Cumberland County Courthousc.
Carlislc. Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF
PROPERTY. LA WYER'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 TI'IIS 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 WIIERE YOU CAN GET LEGAL
HELP,
Court Administrator
Cumberland Counly Courthouse
4th Floor
Carlislc. I' A 17013
(717) 240.6200
.. IWIMKIWSWI'WIS/ll'.'U-AUlSl,. m,li 111\'
I'I'"
CINDY J. LONG,
PlaintilT
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ^NIA
v,
NO,
KENNETIII.. LONO,
Delendant
CIVIL MTION . LA W
IN DIVORCE
COMPLAINT UNUER SECTION JJOllcl
OF TilE IlIVOI{CE COUE
I. PlaintilTis Cindy J, Long, who has resided at33 Westwood Court. Enola,
Cumberland County, Pennsylvania, for approximately one year,
2, Defendant is Kenneth L. Long, who has resided at 13 Westwood Court, Enola,
Cumberland County. Pennsylvania. for approximately one year,
3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4, The Plaintiff and Defendant were married on September 17, 1988, in New
Cumberland, Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties,
6, Neither of the parties in this action is presently a member of the Armed Forces,
7, The Plaintiff and Defcndant arc both citizens of the United States,
8, Plaintiff has been advised ofthc availability of marriage counseling and that she
may have thc right to request the Court to require the parties to participate in such counseling,
I." 1'1 II 1\\ '" "1'\\ 1"'M I'll ^1Il~1 i111\tilll\' 1(7m
COMMONWEALTH or PENNSYL VANIA )
) SS,:
COUNTY or DAUPHIN )
AFFIDA VIT
CINDY], LONG, being duly sworn according to law, deposes and says that the
facts contained in the foregoing Complaint in Divorce are true and correct to the best of
her knowledge, information and belief,
CI~~'~}
Sworn to and subscribed
before rne this I tlA day
of,llYnrt, ,1997,
0{W11/L ~
Notary Public I
1>::)t;;,-i,':30'11
Karen A. ~.;\G;li:' NJ:i.:rX Public
Harri~bUfg. OillJphl:\ ,..lJunty
:.~f Comm:ssicn E'(plres March 9, , 998
MerrW,l'Ilm;ylvaroa~"""",, 01 ,""'......
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CINDY.I UJN(i,
Plaintiff
IN Till: ('OIIlU 01, COMMON I'LE^S
ClJMI~RL^ND ('( JtJNTY, I'I:NNSYL V ANl^
\',
NO, 97-2517
KENNETH I.. LONG,
Defendant
CIVIL ^C'I'ION - L^ W
IN DIVORCE
t\FFII>A VIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on
May 12, 1997,
2, The marriage orPlaintirfand Defendant is irretrievably broken. and ninety (90)
dr:y, have elapsed Iromlhe date of the tilm); and service of the Complaint.
3, I consent to the entry ofa final decree ordi\orce ahel sel'\ice of notice of
intention to request entry of the decree,
I verify that the statemcnts made in this affidavit arc true and correct. I understand that
false statements herein are made subject to the penalties of I R i'a,C.S, Section 4904 relating to
un5\\WIl falsi lication to authorities,
Date: Cf I (j 9~'
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IN TilE COURT ()\, COMMON PLEAS
('\ !MERLAND C( JlINTY, PENNSYLVANIA
CINDY J I.ON(j,
PlaintilT
Date: Cj ;1/,1;7
ekndant
v,
NO, 97-2517
KENNETH L. I.ONG,
Delendant
CIVIL ACTION - LA W
IN DIVORCE
AFFIDA VIT OF CONSENT
I. A Complaint in Divorce under Section 33lJl(c) of the Divorce Code was tiled on
MdY 12, 1997,
2, The marriage of Plaintiff and Dclendant is irretrievahly hroken. and ninety (90)
days have elapsed from the date ofthc filing and service ofth.: Complaint.
3, I consenlt\lthe cntry of a lina! decree of divorcl' alkr sl;rvir.: of notice of
intention to requcst cntry of the decrce,
I verify that the statements made in this artidavit arc tnh: and correct. ) understand that
falsc statements herein arc made subject to the p.:nahies of I g Pa,C,S, Section 4904 relating to
unswom lalsification to authorities,
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i'~i(f!~~~~~~t~;"i;+'i ';;'i!~'~~COURT OF COMM:N "LEAS
'.~i Plaintiff CUMERLAND COUNTY, PENNSYLVANIA
:1
v,
NO, 97-2517
KENNETH L. LONG,
Defcndant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
S 330Hc) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not e1aim them before a divorce is granted,
3. I understand that I will not be divorced until a Divorce Decrce 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 hercin are made subject to the penalties of 18 Pa,C,S, S 4904 relating
to unsworn falsification to authorities,
DATE:
9- I V. '7-1
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CINDY J, LONG,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUM ERLAND COUNTY, PENNSYLVANIA
v,
NO, 97-2517
KENNETH L. LONG,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
~l(c) OF THE DIVORCE COilE
4, I consent to thc entry of a final Decree of Divorce without notice,
5, I understand that I may lose rights concerning alimony. division of property, lawyer's
fees or expenses if I do not claim them bcfore a divorce is granted,
6, 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 undcrstand that false
statements herein are made subject to the penalties of 18 Pa,C.S, S 4904 relating
to unsworn falsification to authorities,
DATE:
q- Ill. "7
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CINDY J. LONG,
Plaintiff/Petitioncr
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 97-2517
KENNETH L. LONG,
Dcfcndant/Rcspondcnt
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR CONTEMPT AND TO COMPEL COMPLIANCE WITH
PROPERTY SETTLEMENT AGREEMENT
AND NOW, comcs Petitioncr, Cindy J. Long, by and through her attorney, Maria
p, Cognetti, Esquirc, and brings this Petition for Contempt and to Compel Compliance
with Property Settlement Agreemcnt and, in support thcrcof, avcrs as follows:
I. Petitioner is Cindy J, Long, who was thc Plaintiff in a divorce action
bctwcen the parties, Said action was docketed to the above tcrm and number.
2, Respondcnt is Kenncth L. Long, who was the Dcfcndant in thc
aforementioncd divorce action,
3, On April 23, 1997, Petitioner and Respondcnt cntered into a Property
Settlement Agreemcnt which determined the equitablc distribution of marital property
and alirnony and support of Pctitioner. A truc and correct copy of thc Propcrty Settlement
Agrecmcnt is attachcd hercto and incorporatcd hcrein as Exhibit "A".
4, On Scptembcr 30, 1997, a Dccrec in Divorcc was issucd by the Honorablc
Kevin A. Hess, A copy oftlte Divorce Decree i, attaehcd i1clclu and incorporated herein
as Exhibit "B",
.
I' '.\\'1'" J( IWS WI'\\'I!'I:1Ib l'nAIlI"1 i U l'~j 1'1: r
..
,\1()'VR
insurance policy to Wife, Change of ownership form is altached hereto and markcd as
Exhibit "C",
8, New York Lifc contactcd Rcspondcnt on January 23, 1998 by letter
rcquesting that hc sign the changc of ownership form, Said letter is attach cd hercto and
marked as Exhibit "D",
9, Petitioncr's counscl wrote to Rcspondcnt on March 16, 1998 requesting that
hc sign the change of ownership form, Said Ictter is altached hereto and marked as
Exhibit "E",
10, To date, Respondent has failed to rcspond to either requcst.
II. Respondcnt has thc ability to comply with thc relevant provisions of the
Property Scltlcment Agreemcnt but has failcd to do so,
12, Respondent's conduct is in direct breach of thc parties' Property Settlement
Agreemcnt.
13, Pursuant to Paragraph 31 of thc partics' Propcrty Settlemcnt Agrecment, if
cither party breachcs the Agrcemcnt the breaching party shall be responsible for thc
attorney's fees of the non-breaching party,
14, Respondent has willfully failcd to comply with the terms of the parties'
Propcrty Scttlcment Agrecmcnt datcd April 23, 1997,
3
~
r ',WI\IKIWSWI'WISth l'tr^IlISli II )S\II'I~1
,\1[)',l1l
IS. Pursuant to 23 Pa. C.S.A. ~3105(a):
Enforcement.--A party to an agreement regarding malters
within the jurisdiction of the court under this part, whether or
not the agreement has been merged or incorporated into the
decree, may utilize a remedy or sanction set forth in this part
to enforce the agreement to the same extent as though the
agreement had been an order of the court except as provided
to the contrary in the agreement.
16. Pursuant to 23 Pa. C.S.A. ~3502(e):
Powers of the court.--If, at any time, a party has failed to
comply with an order of equitable distribution, as provided for
in this chapter or with the terms of an agreement as entered
into between the parties, after hearing, the court may, in
addition to any other remedy available under this part, in
order to effect compliance with its order:
(I) enter judgment;
(2) authorize the taking and seizure of the
goods and chattels and collection of the rents
and profits of the real and personal, tangible and
intangible property of the party;
(3) award interest on unpaid installments;
(4) order and direct the transfer or sale of any
property required in order to comply with the
court's order;
(5) require security to insure future payments in
compliance with the court's order;
4
~
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.
.\1G91I
(6) issue altachment proceedings, directed to
the sheriff or other proper officer of the county,
directing that the person named as having failed
to comply with the court order be brought
before the court, at such time as the court may
direct. If the court finds, after hearing, that the
person willfully failed to comply with the court
order, it may deem the person in civil contempt
of court and, in its discretion, make an
appropriate order, including, but not limited to,
commitment of the person to the county jail for
a period not to exceed six months;
(7) award counsel fees and costs;
(8) altach wages; or
(9) find the party in contempt.
17. Petitioner has been put to considerable expense by having to bring this
action.
18. Petitioner believes and therefore avers the following sanctions should be
imposed on the Respondent:
a. Direct Respondent to sign the requisite form to transfer ownership to
Petitioner, or in the alternative;
b. Direct New York Life to transfer ownership of policy 43565657 to
Petitioner;
c. Direct Respondent to pay Petitioner's counsel fees and costs
associated with bringing the instant action; and
5
I' IWISIK1WS.WI'WISbal'U:AlllStJ l.lISIi I'n
. ""~[)Vll
d. Find that Respondent willfully failed to comply with the terms of the
Property Seltlement Agreement and find him in contempt.
WHEREFORE, Petitioner respectfully requests this Honorable Court enter an
Order directing Respondent:
a. To sign the requisite form required by New York Life to transfer
ownership of the policy to Petitioner; or
b. In the alternative, issue an Order directing New York Life to transfer
ownership of policy number 43 565 657 to Petitioner; and
c. To pay Petitioner's counsel fees in the amount of $500.00 within
thirty (30) days of the signing of an Order in this matter. Petitioner would reserve the
right to inerease that amount if this matter proceeds to a hearing.
Respectfully Submitted,
Dated: May 20, 1998
Maria P. C gnetti i quire
Sup. Ct. \.D. #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
6
CERTIFICATE OF SERVICE
I, Maria P. Cognelti, Esquire, Altorncy for Pctitioner hcrcin, do hcreby eertify that on this
date 1 served the forcgoing Pctition for Contcmpt and to Compcl Compliance with Propcrty
Scttlement Agreemcnt by dcpositing a true and exact copy thercof in the United Statcs mail, first
class, postage prepaid, addrcssed as follows:
Mr. Kcnneth L. Long
13 Wcstwood Court
Enola, P A 17025
Dated: j-' c9/ - 9'cf'
){~~.
Maria P. Cognelti, Esquire
Sup. Ct. J.D. #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
"L "0'1 '10.......-"" ,... "....... Il~.d ,~....,.." ...".......
~'Xll1mT A
lOti
PROPERTY SETT~EMENT AGREEMENT
!JliD
THIS AGREEMENT, made this ;70 day of
CI m./L
I
1997, by and between Cindy J. Long, of Enola, Cumberland County,
Pennsylvania (hereinafter referred to as "WIFE") and Kenneth L.
Long, of Enola, Cumberland County, Pennsylvania (hereinafter
referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on September 17, 1988,
in New Cumberland, Pennsylvania, and;
WHEREAS, one (1) child has been born of this marriage,
namely, Darian Bean Long, born January 9, 1993.
WHEREAS, di vel'se, unhappy dif fel'ences, disputes and
difficulties have arisen between the parties and it :s the
intention of ~lIFE and HUSBJl.ND to li\'e separate and apart, and the
parties hereto are desirous of settling fully and fi~ally their
rct;;pect i Vt~ f i !Li:1C ial and pror.',ert y rights ar:d obI i9a': ions 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; settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of
WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters
between them relating to the past, present, and future support
and/or maintenance of the child; 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 fo~ other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each int<:nding to be legally bound hereby
covenant and agree as follows:
1. SEPARATION: Ht.:S2l\::~ a~1d \,IFE shc11l at Cl:'l. times
hereatt.:~r h~l\''-. ::_h.~ l'i~1!...t t:: 1 i':e ~t~parat~~ ,'t::a apart t~::,r:1 e3.ch
1
against the other party, it being the intention of both parties
to minimize the effect of any such separation upon the child.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof.
4. INCORPORATION IN DIVORCE DECREE: It is further
agreed, covenanted and stipulated that this Agreement, or the
essential pa~~s hereof, stlal: be i~corporated in a~y decree
hereinafter entered by any court of competent jurisdi2tion in any
divorce prcceeliings tl1at llave beetl or may be instit~lted by the
parties fer ti:~. pU~p~S0 of enforciI:g the contractt131 :hligaticns
.4-
7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as a testamentary gift, or all other
rights of a surviving spouse to participate in a deceased
spouse's estalf'o, whethel- arising under tl:e laws of
lalPennsylvania. Iblany State, Commonwealth or territory of the
United States, or (c)any country or any rights which either party
- () -
may have or at any time hereafter shall have for past, present or
future support or maintenance, alimony, alimony pendente lite,
counsel fees, division of property, costs or expenses, whether
arising as a result of the marital relationship or otherwise,
except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provisions thereof. It is the intention of HUSBAND
and WIFE to give each other by the execution of this Agreement a
full, complete and general release with respect to any and all
property of ar.y kind or nature, real, personal or mixed, which
the other r.ow owns or may hereafter acquire, except and only
except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provision thereof. It is further agreed that this
Agreement shall be and constitute a full and final resolution of
any and all claims which each of :he parties may have against the
other for equitable division of property, alimony, counsel fees
and expense~..;, .1lirr.,Jny pendentt~ lite or 3:1)' ether c~ai~.s pursuant
to the Pennsylv~nl~ Divorce Code or the di~orce laws of any other
jUr'isdiction.
8. REPRESENTATION BY COUNSEL: This Agreement has been
prepared by MARIA P. COGNETTI, Esquire, counsel for Wife. Said
counsel has acted solely as counsel for Wife and has not advised
or represented HUSBAND in any manner whatsoever. HUSBAND, at the
commencement of. and at all stages during the negotiation of this
Agreement has been advised that he could be represented by his
own counsel but at all times has elected not to be so
represented. HUSBAND has read this Agreement carefully and
thoroughly, fully understanding each of its provisions, and
therefore signs it clearly and voluntarily.
HUSBAND and WIFE aCKnowledge that this Agreement is not
the result of any duress or undue influence and that it is not
the result of any collusion or improper or illegal Agreement or
Agreements. The parties further acknowledge that they have each
made to the other a full accounting of their respective assets,
estate, liabilit:es, and sources of income and that they waive
any specific enumeration thereof for the purpose of this
Agreement. E~ch party agrees that he or she shall not at any
time raise ~s ~ defense or ct:h~rwise the lack o~ sue!l disclosure
- X -
in any legal proceeding involving this Agreement, with the
exception of disclosure that may have been fraudulently withheld.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Bach party
represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of
obligations set fc~-th in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts,
- 9,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement.
11. PRIOR AGREEMENT: The parties have previously
executed an Agreement on July 22, 1996. It is the parties'
intention that said Agreement shall be and become null and void.
12. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items
which are now in the possession or under the control of the
other. Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request.
By these presents, each of the parties hereby specifically
waives, releases, renounces and forever abandons whatever claims
he or she may have with respect to any personal property which is
in the posse2sion of the e'ther, and which shall becc'r:1e the sole
- 10,
and separate property of the other from the date of execution
hereof.
13. DIVISION OF REAL PROPERTY:
(a) HUSBAND agrees to transfer all his right, title and
interest in and to the real estate situated at 33 Westwood Court
Enola, Cumberland County, Pennsylvania, now titled in the name of
WIFE only, to WIFE and agrees to immediately execute now and in
the future any and all deeds, documents or papers necessary to
effect such transfer of title upon request. HUSBAND further
acknowledges that he has no claim, right, interest or title
whatsoever in said property and further agrees never to assert
any claim to said property in the future.
WIFE hereby covenants and agrees to assume and pay in full
the remaining balance of the mortgage now existing and presently
constituting a lien upon and encumbering the same premises, such
mortgage beicg owed and payable to Harris Savings Association.
(h) 1'lIt::: Clg~'e,=s to transfer all her right, title and
interest in and to the real estClte situated at 13 Westwood Court,
Ecola, Cumbeda:ld County, Pennsylvania, no'.,' titled in the nClrr.e of
-II.
HUSBAND only, to HUSBAND except as provided herein, and agrees to
immediately execute now and in the future any and all deeds,
documents or papers necessary to effect such transfer of title
upon request. WIFE further acknowledges that she has no claim,
right, interest or title whatsoever in said ~roperty and further
agrees never to assert any claim to said property in the future.
HUSBAND hereby covenants and agrees to assume and pay in
full the remaining balance of the mortgage now existing and
presently constituting a lien upon and encumbering the same
premises, such mortgage being owed and payable to Homeside
Lending, Inc.
(c) The real estate owned by the parties as tenants by
the entireties and situated at 1621 Green Street, Harrisburg,
Pennsylvania, has been sold by the agreement of the parties for a
price of $39,900.00. Upon settlement of the sale of said real
estate, the net proceeds therefrom, after payment of the first
mortgage a~d ttl~ costs of sale, shall be distribut0d to WIFE.
Both partiE:G fUl:~h~l ag~-ee to do everything present.~y C1" in the
future neCeSS31"V a~;j to execute all dOCU~e!lts requl:"ed for the
sale of said real estate.
, l~ -
WIFE is entitled to collect all rental monies from that
property until such time as final settlement on the property.
said rental money shall be collected by WIFE without any interest
or claim on the part of HUSBAND. HUSBAND hereby waives all
claim, right, interest or title whatsoever in the p~oceeds from
that property and/or any rental income received by WIFE.
14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that
they each possess certain bank accounts and the like in their
respective names. They hereby agree that each shall become sole
owner of their respective accounts and they each hereby waive any
interest in, or claim to, any funds held by the other in such
accounts.
15. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS:
HUSBAND hereby acknowledges and agrees that WIFE shall retain, as
her separate peoperty, free and clear from any cla:m, eight,
title or inLel'.c;st on the part of the HUSEAl\D, hee Individual
Ret irement Account \,i th ~~e IT ill Lynch. HUS".~.ND heeecy
acknowledges that he has no fUether claim, r~ght, t~tle or
- \3 -
further agrees that she will not assert any such claim in the
future.
18. LEGG MASON ACCOUNT: The parties agree that the Legg
Mason Stock account shall become the sole and exclusive property
of HUSBAND upon the entry of a final Decree in Divorce.
19. BUSINESS INTERESTS: The parties agree that any
interest which HUSBAND has in a business known as SET Transport
and a business kno~1 as TIMEWAY shall remain his sole and
exclusive property. WI"E agrees that she shall not assert any
claim to such assets in the future.
HUSBAND agrees to pay and be responsible for any and all
taxes associated with his business interests, including but not
limited to, income and payroll taxes. HUSBAND agrees to
indemnify and save WIFE harmless from any and all liability,
expense, cos~, or loss whatsoever, as a result of his non-payment
of said taxes.
If WIFE is named on any debt associated with either
business, HGSEfu,D agrees to take immediate steps necessary to
- 15 -
have IHFE'S name removed from said debt(s). In no event shall
the removal of WIFE'S name from any debt occur any later than
June 1, 1997. HUSBJl.ND shall provide WIFE with proof that her
name has been removed fran, all business debt no later than June
1, 1997.
20. MOTOR VEHICLES: With respect to the motor vehicles
owned by one or both of the parties, they agree as follows:
(a) The 1996 Acura 2.5 TL shall be and remain the sole
and exclusive property of WIFE;
(b) The 1996 Ford Taurus shall be and remain the sole
and exclusive property of HUSBJl.ND.
The titles to the said motor vehicles shall be executed by
the parties, if appropriate for affecting transfer as herein
provided, on the date of execution of this Agreement, and said
executed title shall te delivered to the ~rcper party on the
distribution a~te. Each party agrees to be solely responsible
for the amounts presently due and owing against his or her
respective autumobi:e.
.16 -
21. 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.
22. SPOUSAL MAINTENANCE AND CHILD SUPPORT: HUSBAND
agrees to pay to WIFE the sum of THREE HUNDRED DOLLARS ($300.00)
per week or ONE THOUSAND TWO HUNDRED NINETY NINE DOLLARS
(1,299.00) per month for her separate support and maintenance.
Said payments shall be made monthly and shall commence on the
fifteenth (15th) day of the month following the execution of this
agreement and shall continue through and include a payment on
January 15, 2012. Said payments shall be non-modifiable and
shall not termi::ate upon \11 FE 's cohabitation. Said payments
shall only terminate upon the death of either party, on January
16, 2012, or upon WIFE's relocation from her present home,
whichever shall first occur. It is the intention, understanding
. 17-
and agreement of the parties that the payments described in this
paragraph, to the extent permitted by law, shall constitute
spousal support or alimony as those terms are defined in the
Internal Revenue Code of 1986, as amended, and a~y successor
thereto, and that, accordingly, all such payments shall be
includable in WIFE's gross income and deductible by HUSBAND for
Federal income tax purposes pursuant to the terms of the Internal
Revenue Code. WIFE shall, at her option, be permitted to enforce
this paragraph through the Domestic Relations Office of
Cumberland CO\'nty, Pennsylvania. Said enforcement shall include
but is not limited to the ability to reduce the terms of this
Agreement to an Order and wage attachment.
Husband agrees to pay to WIFE, for the support of the
parties' minor child, the sum of THREE HUNDRED DOLLARS ($300.00)
per week or ONE THOUSAND TWO HUNDRED NINETY NINE DOLLARS
1$1,299.001 per month. Said payments shall continue until the
parties' daugh:er turns eighteen years old or graduates from high
school, I-lhich"'Jer shall last occur. \1IFE shall, at her option,
be permitted to enforce this paragraph through the Domestic
Relations O:::::;:e of CU1~berland County, penr.sylvaniCi. Said
- 11\-
enforcement shall include but is not limited to the ability to
reduce the terms of this Agreement to an Order and wage
attachment. WIFE agrees that if she files for an increase in
child support during the time she is receiving alimony, and she
is granted an increase, then and in that event, her alimony shall
decrease by an amount equal to her increase in child support.
HUSBAND agrees that if he files for a decrease in child support
during the time he is paying alimony, and he is granted a
decrease, then and in that event, his alimony payments shall
increase by an amount equal to his reduction in child support.
If WIFE'S alimony increases due to a reduction in child support,
HUSBAND agrees to reimburse WIFE for any increased tax liability
which results from the increase in alimony payments to WIFE.
The parties also specifically agree that these payments
are not intended to be a debt which is affected by a discharge in
bankruptcy. They further specifically intend that HUSBAND's
obligations unde~ the terms of this Agree~er.t shall r.c~ be
subject to d:scharge in bankruptcy because they acknowledge that
such are necessary for WIFE to meet he~ financial obligations and
to suppo~t anri maintain he~ standard of living and that of the
- 19-
parties' child, Darian. HUSBAND n~pn~fJentfJ that there are no
bankruptcy proceedings presently p'~ndinrJ in which he is involved.
HUSBAND expressly agrees not to tile a ballk1:uptcy action prior to
the completion of his obligations pursuant to this paragraph.
This debt shall not be discharged in a bankruptcy action filed by
or on behalf of HUSBAND.
If HUSBAND files for bnnkt'uptcy, thin Agreement shall
constitute conclusive evidence of the parties' intent that the
obligations of this paragraph are in the nature of maintenance
and are not discharg'~abl(, uncle:' bankruptcy under current
bankruptcy la\1 or und'~l' illlY iltll',ndm'~nt thereto. Further, if
HUSBAND instit:\Iten any action in bankruptcy or any other
bankruptcy pn'ceedino in ilwtit.ut"d in which WIFE's right to
these monthl y p,lyml'nt: fJ be. 'ump" d mat ter for judiciary review,
HUSBAND agre(.;; ~,() ('01l[,':nl I u ,lny motion filed by WIFE with the
bankruptcy cnltl' 'J, "It"lpin ,;b" may request that the bankruptcy
courts ab:;tai:. ! Irlll d"c'irlln'l Ib" di,;chargeaoility of this
obligation dl\cl ,.11,' c" It"l' , I,) :'l,l~' i,',n:; to her hereunder in order to
allow tb" ,Ip!'r, Ill..:,. "U\lll uf CUtillO:. Pleas to rule upon this
issu~_~ .
- ~Il-
23. LIFE INSURANCE: It is further understood and agreed
by and between the parties that HUSBAND shall maintain and keep
in full force and effect the New York Life insurance policy
number 43 565 657 in the minimum amount of $250,000 upon his life
wherein WIFE shall be named owner and irrevocable beneficiary.
Darian would be the secondary beneficiary. WIFE shall have
whatever rights an owner is entitled to including entitlement to
the cash value.
HUSBAND is responsible fo~ paying all premiums associated
with said policy and agrees never to allow said coverage to
lapse. WIFE agrees however that, once able, premiums may be paid
from interest as long as the minimum death benefit of $250,000.00
is not effected. Should HUSBAND fail to pay a premium when due,
WIFE shall have the right to make payment thereof and in such
event, HUSBAND shall immediately reimburse WIFE for such debt so
paid by her. HUSBAND agrees, wherever possible, to make
arrangements with the insurance carrier to ~otify WIFE of the due
date of any premium so that cot ices thereo[ will be received by
her. If and in the event HUSBl-.ND allo\~s said coverage to lapse,
- 2\ -
28. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
29. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present and future. The parties release and
discharge the other absolutely and forever for the rest of their
lives from all claims and demands, past, present or future, for
alimony or for any provision for support or maintenance, except
as specifically provided for 11~~ein. The rarties further
,~.j -
acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for
alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein.
30. EFFECT OF DIVORCE DECREE: The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a
final Decree in Divorce may be entered with respect to the
parties.
31. 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 or seek such
other remedies or relief as may be available to him or her, and
the party breaching this contract shall be responsible for
payment of rea80nable legal fees and costs incurred by the other
in enforcing their rights ~nder this Agreement.
-25-
32. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the
present and 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, widower's allowance,
right to take in intestacy, right to take against the Will of the
other, and the right to act as administrator or executor of the
other's estate. Each party 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.
33. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, coven~nts or undertakings other than those expressly
set forth herein.
- 2(, -
34. FINANCIAL DISCLOSURE: The parties confirm that they
have relied on the completeness and substantial accuracy of the
financial disclosure of the other as an inducement to the
execution of this Agreement. The parties acknowledge that there
has been no formal discovery conducted in their pending divorce
action and that neither party has filed an Inventory and
Appraisement as required by Section 3505(bl of the Pennsylvania
Divorce Code. Notwithstanding the foregoing, the rights of
either party to pursue a claim for equitable distribution,
pursuant to the Pennsylvania Divorce Code, of any interest owned
by the other party in an asset of any nature at any time prior to
the date of execution of this Agreement that was not disclosed to
the other party or his or her counsel prior to the date of the
within Agreement is expressly reserved. In the event that either
party, at any time hereafter, discovers such an undisclosed
asset, the party shall have the right to petition a Court of
appropriate jurisdiction to make equitable dis~ribution of said
asset.
-17 -
The non-disclosing party shall be responsible for payment
of counsel fees, costs or expenses incurred by the other party in
seeking equitable distribution of said asset.
Notwithstanding the foregoing the Agreement shall in all
other respects remain in full force and effect.
35. 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.
36. ADDITIONAL INSTRUMENTS: Each of the parties shall
from time to time, at the request of the other, execute,
acknowledge and deliver to the other any and all further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreeme~t.
37. VOID CLAUSES: If any term, condition, clause or
provision of this Agreement shall be deter~:~ed or declared to be
void or invalid in law or otherwise, then o~ly that term,
-lX-
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.
38. 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
Agreement.
39. 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 or any of the pl'ovisions of this Agreement shall not
be construed as a waiver of any subsequent defaults of the same
or similar nature.
40. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no affect
. ~9-
whatsoever in determining the rights or obligations of the parties.
41. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980 and any amendments
thereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the date and year first above written.
"
~/
WITNESS
./
(SEAL)
CINDY J.
~
WITNESS
(SEAL)
KENNETH
- 30-
~
IN
THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
~,
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1~~~1~'rJ.?;: PEN N A.
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STATE OF
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Cl NOY .J. I,ONr..
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Plaintiff
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I(EN'IF'l'1I f,. !,OfoJr"
nefenc1ant.
~'
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DECREE IN
DIVORCE
~
~,
19 '17
it is ordered and
AND NOW.septenJQer ,3,0.
decreed that Cindy J. !,onq
andl(ennettJ 1,', 1,0,'1'1,
are divorced from the bonds of matrimony.
, plaintiff.
defendant.
~
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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: Nonp
'l'tJe tprms of ttJe partips' Property Spttlpmpnt ~qrepment, c1~tpc1
~',
~pril 7.3. 1'1'17, anr' attilc'1C'r' 'Jereto an'! in.corporatec1 'Jprein 'Jut.
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tJerewit.h.
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rSAO II,ARRISBl'Rr.
Ii!J004
'I
o I\EW YORK LIFE INSURANCE COMPMn' (NYLlC)
o NEW YORK LIFE INSURIINCE AND ANNUITY CORPORATION (;.IYLlAC)
(^ Otllware Corpora lion)
REQUEST FOR TRANSFER OF OWNERSHIf
tRIad th. "'/fl' sid. b./ort tompllling lhit form. PI.OJ' print or typt. FOnolorri 10 tht Compony/Corporo.t/on.)
NEW YORK LIFE INSURANCE COMPANY/NEW YORK LIFE INSUMNCE ANO ANNUITY CORPORATION (^ O,b'.", COrpol.llon),
'1 MsjilOn A"n",. N,w York. New York 10010. is reque"ed 10 make lhe follOWing ;h<ll1K" (thet~ "!'P,opn... bOKles] ,,"d eomplete
.pphcsble mllon)'
lXI TrsnsfetofOwncrshlp 0 Designate SucceslOr Owner (Owner's DtSl&nee)
Policy Numbel(l) "'M '"
on the life of !.!:~-.!E~ I I ....'"'~
lhe Ir.sur"':d or AMunant.
(Ponl Fulll\amel
Allr'ihlS of ownership .n the above numbered policy (or policies) are to be lIansfelled to a new Owner .s follows:
New Owner(Fu\l1'llnl 1 RtllriQn~~lp 10 l:1f\1~IAnnUltl:1t) f'l""'v 1 '""If ~f.\lltfp P"" ".,n....' n.~..,."
Ma:1 Address(Ir.c:lldcZ19COOc)"WPlhamnt1l'nlln J:'Mh PI l"n'H
I ur.dmlllld Illd Ilret that:
I. The Provilion. Rellling 10 Ownership and Transfer of Ownmhip on the reverse Side of this form ue made a pan of Ihe above
ownership designallon and a put of the a~ove numbertd polley (or poIlClts).
Whe,! :>tlnowlcdsmtnl 's S<lll hy New YOlk tife, this ,,,.nsfer 01 o....nmhlP will Ulkc effetllU of the date this requeSl w.. signed.
subject 10 a.1Y p.yrntlll tmdo or other atlion takeD by lbe Company/Corpora,ion before IUording the tbange or. If endorsement of tbe
thange on a polity iJ requirtd bl the Company/Corporation. before that endorsement has been made by lbe Company/Corporallon.
Wh,n llIiJ cbL11' lakeJerfcel. il will temuDa" llIlY e~1stini duignatlon 01 Sua:essor Owner (Owner's Delignee),
Th, polit) (or pohQu) will be h!ld.. "panic propeR)' by the new Qv.ner. This ebAllKe of ownership does not aalollU,:r:ally chAllge Ihe
bener.ciary, nor 111M. thange of oWl1enhlp an as.ignment of the policy.
omx x K
Sq;ruturc(1l of pCrlOlU(I)....I\f!, nch1lo nlme ne..... Owroer Additional Slrnltulc. If leqUlrtd
KE.~Sti1l L LOSO
N!Vo' Own,r'1 (.)Sxial Sec\:IilY Number, or Tu 1.0. No.: ",.",,,^, (bl 8mh DEle: Mo,1U-- Day ~ YI~
Und,r ~nsltlcs of 1'~ury, I cerlify Ihat
1. The r.umber shown on Ihis form is my corret/taxpayer Ide.,tiiieallon number (or I aI:l waiting for a nu:r.bcr to be Issued 10 me) AND
2, I am nor subj,mo backup withho:ding beuuse: (a) 1 am ex'mpt from backup withhold mg. or (b) I hIve not betn notified by ,he tRS
Ih.11 am subjecllo backup wnhl',olding as a rtsail of a lailur, 10 repoll all interest or diVidend>, 01 IC) the IRS has nOllfied me Ihar I
am no longer S'bj!Ct 10 baclllp wilhholding, (ClOSI O'Jt Ilem: if the IRS has notified lOU Iha: l'nu .'e subject to backup
..ilhl:oldmg )
Om x K
Sign.t1Ire 01 New Owner
NOTE:Th, new Own'r should consider me cesirabliity or lI.lIDlng a Successor Owner (Owner's Designee) A Successor Owner will
become [h, n,w Owner or L'1e polltv if lhe new Owner named above dies berore 1M Insure.1 -If the new Owner wishes to
nam' a Succusor Owner (Ownrr's t>esi~n"). Ihe new Owner must corn lel~ the follow in sttlion.
REQL"ESl' FOR OESIG:'oIATION OF SUCCESSOR O....'JIo'ER (O....':Io'ER'S DESIG:l'EE)
:-JEW YORK LIFE I~SURANCE COMPANY/NEW YORK LIFE INSURANCE ASD A:-;~UrrY CORPORATION
" requu[oo [0 r.lI);C Ihe following chanKtI
Fur Pulicy Nurr,Lerlll
on [he life of
(delignm
lhe InsureCl "'Mullan I
as S\lc:eSSJr Owner
(Or.c F~II NIl'!\( of SIlCCrJ.\llJ OWI'I(r)
(lclatlJUhip fu InfUfcd:Antll,\..Iru)
I undmrand and '1I" mil:
I. The ProvllloOlRclaling to Designation of Succmor O"'ner (Owner', Designee) on the ",erse Side of ,~" form are (Tllde a p;ut of lhe
Successor Owner dellgn.tion and a part of the .bove Dumbered policv (or pohcl"). .
1. Woen CCUr.l!rSlgn,d fOr :>ew York Life lr.surill1te Company/New York LiTe Insurance and AnnullY CorporahCI1. IhlS deslgn.lIon 01
Suemsol O.ncr..ill take elfecl" or lhe date this "quell WIS SlgJed.Jubjec' 10 ilIlV p.vm~nl made or o[her aClIon laken h) :J-.e
Company/Corpclllion btfore recording the delign,"on or. ,r endorsement of Ihe dc.iirnallon on a Foiley is req'Jirej by the . .
Co"'p,nyl Corp>lIl1on !>erNe lhllendorsemenl hu been made by tll.' Ccmp::.ny/C'Il'Or3l1on. W1\,r. :hll change l~es eHeet, ""III
!crmm:lte any CJ.1I11n~ de!i&o:ticn of Succeuor Owner (Qwner'! DeSignee).
D," of 811:h ofSuremorOwncr ii/Sucee,"nr Owner" other thOlllnsured)' Mo. _ 0.), _ Yr, -
StJcclmllf O...."'t T... t 1) '\u
00:<___._
,
$.,rllr'Urdl) ~,f rel\o11(1) \1,11.'1 u,,",U IQ ....m" 1 ~!JttCllC' O""H
fr,ce R..tlved Slamp J
~ filE WITII APFLICA nON
!I 1)2 (Jq,'9~: CSJ
02126"08 TIll' 15: 02 FAX 71722H582
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_ ~O HARRISBl'RG
1i!l005
iiI ~EW YORK LIFE INSURANCE COMPANY (NYLlC)
'lIi
· 0 NEW YORK LIFE INSURANCE AND ANNUITY CORPORA liON (NYLlAC)
(A Del.ware Corporat.on) Dv"rorTf"'I A. DV
CHANGE OF .~
(S.. rtU~' sid. brIo" campltlinK this form. This form tonnol b. aCUpI,d if iJ conI. ins an, comclion$ Or trasu,...'
Pltal. prinl or typt.
Th. Com~anylCorporation II request.d 10 cl1ange Ibe beneficiary delignadon of Policy Number(s) 43 565 357
on Ih. Iif. 01 KENNETH I. lONG
Flnt Name Middle /i,m. Lall ~'m<
u 101l0WI (give Full NaIlle, Residence Address & Relationship, il >oy, to the Insured/AMuitant):
For praceed$ poyahl. betluse of Ihe dealh nf Ih. Insund/Annultlnl:
Ih.lnsurcd/AMuilam
First Cindy J. Lona:. u....,ife, Irrevocable bcnetkiary per dIvorce decree
Beneficiary
Sccerld Oallan Lons
Beneficiary
TIm"
Beneficiary
for proceeds payabl. becslu~ of lhe dcalh of lb. Spow. coven:d undu all SCI rid.. or Family Insuronce poUt}:
(Give Rdalloll5lslp 10 Ibe 11ISuredl
First
Ben~fic:ilry
Sc~o"d
a~nefiClaf)'
ihird
BenefiCial)'
For proceeds poyablt because or the dutb of:
o .\ rhlld cov<<ed und.r In SCI, CI rIder or Family Insurlnce poUC}: (Give rdatiollibip 10 the ill5ured)
o
:J
covered under 0 C 1. (Other Co",ertd Iniured Rider).
Name
'ovelc~ under 7 Yr Tcnn Rider for S
hee amoum.
Nolmt
hru
Btllef"':l/lry
S~I:"nJ
Ber'leticiar~
Th rJ
Bcnt'rlcia~
I undmland and .~rtc t1I.t the prcV1l10ns lellllng ~o the beneficIary design.tion on Iht "'Ime Sl~. cl t.,is 10m 0:. made a p'" 01 the
J,bo\e: ~er.ericiar)' desig;nalion.
x
SI,r.:UUn: cf PoJiqowncr
OJ" X
tacN'lE.H L lONG
AdJlllona.! S\g:ut'Jre. tf req\JlretJ
i:iJ FlLE I\1TH APPLICATION
Offite R,~:l\'cj Slll1l~
: II ) I (09.9-1)
Exhibit D
Exhibit E
/
J:)"u (o/f'nu 'f'
Maria P. Cognclli
2(Xl North Third Sired
Twelfth Fltxlr
P.O. Box 6H9
1I11rrishurg. P^ 1710H.06H9
(717) 232,2103
Fax (717) 232.5775
I'racli"c 1.1ImlcJ 10 F:umly and Malnl1lilmJ.II';lw
MARIA P. C<XiNE''''1 t
'reihl\\" Amencan Academy
of~l.1tnmonlall..a\\')'cnl
KAREN A SIIERlff
I.cCal A.\.\is1anl
March 16, 1998
Mr. Kenneth L. Long
13 Westwood Court
Enola, PA 17025
RE: Long v. Long
Dear Mr. Long:
I have reccntly received a call from your cx-wife, Cindy Long, concerning your
breach of paragraph 23 of the Propcrty Settlement Agreement. As I am sure you are
awarc, that paragraph requircs that owncrship of your New York Life Policy No.
43565657 be transfcrred to Cindy. Ncw York Lifc has scnt you those fonns under lettcrs
dated January 22, 1998, and January 23, 199R, requesting that you sign a Request for
Transfer of Ownership Fonn. You have lililed to do so. Cindy has askcd you to sign the
form, and you have refuscd to do so. Thereforc. consider this letter fonnalnotification
from me that you arc in breach of your Property Settlement Agreement. Unless you sign
the enclosed Rcqucst for Transfer of Ownership Form and retull1 it to my offiec by t-.larch
30. 199R. you lea\'c me no choice hut to lile a motion with the Court asking them to
enforcc the Property Settlcment Agreement. If 1 am flll'ced to do that. please be advised
that you will hc responsible till' all of Cindy's legal fees associated with her pursuit of
your enforccmcnt of this Agreement. 'l'oumay wish to refer to paragraph 31, page 25 of
your Property Scttlement Agrecment concerning Cindy's rights to sue lill' damages Illr the
hreach of this Agreemcnt.
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