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Home My WebLink About97-02977 ~ :::::- q ~ .- - .') .. ~ r i , , I i I i , " ~ ::::: 'Q ~ \ \ I .- . .':J .. . t"-, ~ Q .\ .' .. '.- /f,~f. f9 (}d'.t'~,,(;z4 ~ ad $.~. ~ 'r;;JP,?f 7t~ ,4fC~ ~ 4 D4-v \ LINDA L, KNOLL Defendant IN DIVORCE JOHN J. KNOLL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-2977 NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: Linda L. Knoll Defendant JOHN J. KNOLL, Plaintiff intends to file with the court the attached Praecipe to Transmit Record on or after March 22, 1999 requesting that a final decree in divorce be entered, a/o;&/99 , Dated: 'bara Sump Ie-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 ~ rr: .l ,-- lUS"'\ o. ~~~r~f ~ LlI' -, U;; I ' ,., lJ, U co If: ,....... ~ '\ - '-.J ~ ....;;. r-.. l " 00 ~ ~ - t. >\\.~ ~~ ~ ~ ......... ~ .- :.:.~ 'I ~,;,;. .' . ..~ " : I~ :::.i , .'>. (J) I::~ ,..:...;: t~.ii c': "- :5 L) - / :.~-= :',:) ., r- c,;, (ll d Z IJ ~ !:: 3 ~ :J Z Ult;~ is .!. ~ ;J u ... Iii >- ~ [ "' ~ o )! g ffi ~ :J ii: II. oJ Ul" . ..,. .. c .... ~ Z a:":S ~ ffi a: lD <( ::f m :J o ~ Z 01 - ci ~ "" Z l) .:l t;; <( " > - b .. ;~ '1':; ::; ~ ~-.. - ^J?; oJ Z ..() -- ~- " :~ :If.; ~ ~f. 00<l: )~ en..;..r \0 :,'/i) fa ' 0: &: ..)z u 1II Iii ~ 5,:.0 ii: ..J ILl Z LlI 7- l'; n. g ffi is => r:j~ :l:-lL , ....; 3: :l 0: L'_ r- => j en al . (.") 0'\ U .. c <(..z 0:"5 <( 15 m m 0: ::E <( :J m u ~ z .... ~ . .PYS510 1997-02977 Cumberland County Prothonotary's Office Civil Case Inquiry KNOLL JOHN J (va) KNOLL LINDA L Page 1 Reference No..: Case Type.....: COMPLAINT - DIVORCE Judgment......: .00 Judge Assigned: HESS KEVIN A Disposed Desc.: ------------ Case Comments ------------- Filed.. .. . . . . : Time......... : Execution Date Jury TriaL... Disposed Date. Higher Crt 1.: Higher Crt 2.: **.***...............***.......***.**....****..***..........***..*.....***.***** General Index Attorney Info KNOLL JOHN J PLAINTIFF SUMPLE-SULLIVAN BARBARA 348 HILLSIDE DRIVE NEW CUMBERLAND PA 17070 KNOLL LINDA L DEFENDANT 500 HILLSIDE ROAD NEW CUMBERLAND PA 17070 6/04/1997 11:58 0/00/0000 0/00/0000 ******************************************************************************** * Date Entries * ******************************************************************************** 6/04/1997 6/04/1997 6/16/1997 7/10/1997 7/14/1997 7/29/1997 3/09/1998 3/16/1998 2/10/1999 2/18/1999 3/01/1999 3/16/1999 3/16/1999 3/18/1999 4/13/1999 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - DIVORCE 1 ADDL COUNT - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- MARRIAGE COUNSELING AFFIDAVIT - PLAINTIFF ------------------------------------------------------------------- AFFIDAVIT OF SERVICE ------------------------------------------------------------------- ANSWER AND COUNTERCLAIM ADDITIONAL COUNT - ALIMONY ADDITIONAL COUNT - COUNSEL FEES COSTS AND EXPENSES ------------------------------------------------------------------- CERTIFICATE OF SERVICE ------------------------------------------------------------------- REPLY TO NEW MATTE~ ------------------------------------------------------------------- MOTION FOR APPOINTMENT OF MASTER ------------------------------------------------------------------- ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER ------------------------------------------------------------------- PETITION FOR BIFURCATION ------------------------------------------------------------------- ORDER - DATED 2/17/99 - IN RE PETITION FOR BIFURCATION - HEARING 4/9/99 9:30 AM CR 4 - BY KEVIN A HESS J - NOTICE MAILED 2/18/99 ------------------------------------------------------------------- ~~~!~!!~~~~_~~~!~~~!!_~~~~~_~~~!!~~_~~~!i~l________________________ ~~~~!~~:~~~!~~~!!_~~~~~_~~~!!~~_~~~!i~l_~~_!~~_~!~~~~~_~~~~________ PETITION FOR ALIMONY PENDENTE LITE ------------------------------------------------------------------- ORDER - DATED 3/17/99 - IN RE PETITION FOR BIFURCATION - HEARING 4/9/99 9:30 AM IS CONTINUED TO 4/9/99 1:30 PM CR 4 - BY KEVIN A HESS J - NOTICE MAILED 3/18/99 ------------------------------------------------------------------- ORDER - DATED 4/12/99 - IN RE PETITION FOR BIFURCATION - GRANTED - BY KEVIN A HESS J - COPIES MAILED 4/13/99 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Bea Ba1 Pvmts/Ad1 End Ba1 * ********************************'********~******'*****.......******............. DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ~ . JOHN J. KNOLL, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 2977 CIVIL . . . . LINDA L. KNOLL, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, August 14, 1998 Present for the Plaintiff, John J. Knoll, is attorney Barbara Sump1e-su11ivan and present for the Defendant, Linda L. Knoll, is atterney Keith B. DeArmond. A divorce complaint was filed on June 4, 1997, raising grounds for divorce of irretrievable breakdown and indignities and the econemic claim of equitable distribution. Counsel have advised that the parties will sign and file affidavits of consent and waivers of net ice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. On July 10, 1997, a counterclaim was filed by wife raising the economic issues of alimony and counsel fees and expenses. Husband's counsel has indicated that she is going to discuss with her client whether or not he intends to raise any issue with respect to the factor of marital misconduct as that factor may affect wife's alimony claim. If husband intends to raise marital misconduct as an issue, he should be prepared to advise us at the conference we are going to hold prior to the hearing and be prepared to advise as to the witnesses he would call on that issue. The parties were married on July 20, 1991, and separated July 1, 1996. There were no children of this marriage. Husband has two children from a prior marriage, the mother of those children having passed away during the marriage. The children's names and dates of birth are Ka1yn, born May 10, 1985, and Zackary, born December 22, 1986. Although we de not have any specific information as to what husband is receiving monthly from social security for the children, based en a case the Master had a couple ef weeks ago, the teta1 ameunt for two children that husband was receiving, under similar circumstances, was $1,800.00. In any event, however, attorney Sump1e-Su11ivan is going to provide information regarding what money husband is receiving from social security for the children. , Wife has two children from a prior marriage, neither of the children are in her custody. The children's names and dates of birth are Chris, born February 27, 1978, and Derrick, born May 10, 1982. Husband is 42 years of age and resides at 348 Hillside Drive, New Cumberland, Pennsylvania, where he lives with his two children from his prior marriage. He is a high school graduate and may have some college but counsel need to verify his educational backgreund. Husband is currently working with Dana Brandt Insurance Agency in insurance sales. He reports his net biweekly income at $1,091.91. He is paying spousal support to wife by agreement of the parties in the amount of $433.00 per month ($325.00 plus $108.00 on arrears). The order was based on husband's net monthly income at $2,700.00 and wife's net monthly income at $1,300.00. He is covered by medical insurance through his wife's employer but upon the diverce decree being entered, he will be required to provide his own coverage for himself and the children. Counsel are requested to provide a cost to husband of medical insurance benefits after the divorce. Husband has not raised any health issues. Wife is 42 years of age and resides at 500 Hillside Road, New Cumberland, Pennsylvania, in an apartment where she lives alone. She is a high school graduate and has some advanced training, some of which is related to cosmetology. We note that she is paying a student loan but do not know what kind of studies that student loan was used for. Wife works currently for Woolworth Corporation and counsel are going to provide the position which she holds with that company. She does record her net biweekly income at $546.86. Wife has not raised any health issues. Husband owned the property at 348 Hillside Drive, New Cumberland, Pennsylvania, prior to the marriage and that property has not been deeded over into joint names with his present wife. Wife claims that husband's assessment of the increase in value of $12,000.00 is too low and intends to have an appraisal done on the property to determine the date of marriage value and the date of separation value. There is an issue as to contributions both parties may have made to the improvement of the house frem the date of marriage to the date of separation and we will ask counsel te provide specific information as to what improvements were made and the cost of those improvements. In any event, it is likely that if the improvements were made during the marriage and the time the parties were living together in the house, that the improvements would show up in the increase in value of the house when the appraisal is done. Co,""pb,;vJ ::h...~l A+{Jd~u,-j cA~ S'<z:,LUI t 'l_ There was a 198 purchase a 1996 Ford Contour weu1d be censidered marital was $2,400.00 and husband c1 $4,000.00. Counsel are goin sheet on that vehicle transa stipulate to the actual trad to robe 'a1ue PtcCllCl -/0 };~ 'c1[,:lf-.t :t (UO/2-('_L.... The household t I has valued at $4,800.00. There does not seem1:0~De.lln.J.8I1ueI1S to pessession of the property, simply value, a1though'!ltlsband has stated that he is willing to allow wife to have certain items of property that she would like from the house but she has not given any list or indicated an interest in taking any of the items. In order to establish a value of the marital tangible personal property, counsel may need to have an appraisal. The Master suggests that counsel try to agree, prior to the appraisal, what items specifically are marital since the home does contain various items of premarital property of husband. Husband was previously employed by Commercial Union Insurance company and had a pension and an employees savings plan. His counsel has done a computation showing the marital portion of the pension at $9,316.71. This marital portion value is from August 1, 1991, to June 28, 1996. Husband's counsel has also done a computation on the employees savings plan using information provided from the prior employer and shows that the marital value on that plan as of March 28, 1997, was $20,368.40. There was a notatien on Mr. DeArmond's statement about stocks and bonds; however, attorney Sump1e-Su11ivan indicated that there are no stocks and that any bonds that were in existence were cashed in to buy wife's jewelry. Also Mr. DeArmend neted some life insurance pOlicies on his pre-trial statement. Ms. Sump1e-Su11ivan indicated that the one policy was for the children and the other policy was for wife and she is the owner so she should be able to determine the cash value of that policy, if any. A number of marital debts are listed on the pre-trial statement and Mr. DeArmond is going to try to obtain the date of separation balances. We note that there is a student loan balance which we need to clarify and also a PNB Bank loan which needs to be clarified. A conference with counsel and the parties is scheduled for Wednesday, November 4, 1998, at 9:00 a.m. Notices appraisal is dene. There was a 1989 Ford Probe vehicle traded in to purchase a 1996 Ford Contour. The trade in value of the Probe weu1d be considered marital and wife claims the trade in value was $2,400.00 and husband claims the trade in value was $4,000.00. Counsel are going te try to locate a settlement sheet on that vehicle transaction to be able to perhaps stipulate to the actual trade in value. The household tangible personal property wife has valued at $4,800.00. There does not seem to be an issue as to possession of the property, simply value, although husband has stated that he is willing to allow wife to have certain items of property that she would like from the house but she has not given any list or indicated an interest in taking any of the items. In order to establish a value of the marital tangible personal property, counsel may need to have an appraisal. The Master suggests that counsel try to agree, prior to the appraisal, what items specifically are marital since the home does centain various items of premarital property of husband. Husband was previously employed by Commercial union Insurance Company and had a pension and an employees savings plan. His counsel has done a computation shewing the marital portion of the pension at $9,316.71. This marital portion value is from August 1, 1991, to June 28, 1996. Husband's counsel has also done a computation on the employees savings plan using information provided from the prior employer and shews that the marital value on that plan as of March 28, 1997, was $20,368.40. There was a notation on Mr. DeArmond's statement about stocks and bonds; however, attorney Sump1e-Su11ivan indicated that there are no stocks and that any bonds that were in existence were cashed in to buy wife's jewelry. A1se Mr. DeArmond noted some life insurance policies on his pre-trial statement. Ms. Sump1e-Su11ivan indicated that the one policy was for the children and the other policy was for wife and she is the owner so she should be able to determine the cash value ef that pe1icy, if any. A number of marital debts are listed on the pre-trial statement and Mr. DeArmond is going to try to obtain the date of separation balances. We note that there is a student loan balance which we need to clarify and also a PNB Bank loan which needs to be clarified. A conference with counsel and the parties is scheduled for Wednesday, November 4, 1998, at 9:00 a.m. Notices JOHN J. KNOLL, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 97 - 2977 vs. LINDA L. KNOLL, Defendant CIVIL ACTION - LAW . . IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John J. Knoll Plaintiff , Barbara Sump1e-Su1livan , Counsel for Plaintiff Linda L. Knoll Defendant Keith B. DeArmond Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 21st day of Januarv , 1999, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Hoff r, President Judge Date of Order and Notice: 8/14/98 By: Divorce Master 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 TELEPHONE (717) 249-3166 . r f LAW OFFICES BARBARA SUMPLE-SULLIV AN 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 PHONE: (717) 774.1445 FAX: (717) 774-7059 TO: KEITH DEARMOND, ESQUIRE SENT VIA FAX NUMBER: 730-2166 ~'\~-\l\O'i FROM: BARBARA SUMPLE-SULLIV AN, ESQUIRE DATE: 2/02/98 TIME: 3: 38 f.m RE: KNOLL V. KNOLL COMMENTS: NO. OF PAGES INCLUDING TRANSMITTAL SHEET: 2 ORIGINAL WILL _X_/WILL NOT FOLLOW BY FIRST-CLASS MAIL PLAINTIFF'S EXHIBIT I 4.~ ."19 I-\(., " .- WHEREAS, the parties have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe, and the provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or 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 th~ lawfulness of the causes leading to them living separate and apart. ARTICLE n DIVORCE 2.1 This agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and property ground, nor to prevent either party from defending such action which has been, may be or shall be instituted by the other party, or from making any just or property defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in party. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. .- .. ~ 2.2 The parties acknowledge that a Divorce action has been liled in the Court of Common Pleas of Cumberland County, Pennsylvania at 97-2977. The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the liIing of execution of this Agreement. 2.3 It is further specilically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the panies are accepted by each party as a linal settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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, whether or not either or both of the panies should remarry, it being understood by and between the panies that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.4 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the panies hereto, such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner that conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources of income; vocational skills, employability, estate, liabilities, and needs for each of the parties, the contribution of one party to education, training, or increased earning power of the other party, the opportunity of each party for future acquisition of capital assets and income, the sources ofincome of both parties, including but not limited to medical, retirement, insurance or other benelits, the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker, the value of the property set apart to each party, the standard of living of the parties established during their marriage, the economic circumstances of . . . r .. .. or any other payments of a similar nature to which he or she, in the absence of this .' Agreement, might be entitled by ~tatute including rights arising pursuant to the Divorce Code of 1980 as amended, or similar law of any jurisdiction which may be applicable now or at any future time. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect are fully understood by the parties. The parties understand their legal rights and obligations. Wife has been represented in this matter by Keith B. DeArmond, Esq., of Camp Hill, Pennsylvimia. Husband has been represented in this matter by Barbara Sumple-Sullivan, Esq. of New Cumberland, Pennsylvania. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel Fees. The parties agree that they will each be responsible for their respective costs and attorney fees associated with this action. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times 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, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liability of such other as 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 estate, whether arising under the laws of (a) Pennsylvimia, (b) any 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 have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Release ofTestamentarv Claims. Except as provided for in this Agreement, each of the parties hereto shall have the rights to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the descendant had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Will under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party, may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will pennit any Will of the other to be probated and allow administration upon his or her personal, real, or mbced estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate oaf the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 6.5 Warranties. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrants, covenants, represents, and agrees that each will, now and at all times hereafter, save hannless and keep the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, except as is otherwise specifically provided for by the tenns of this Agreement and that neither of them hereaftereincur any liability whatsoever for which the estate of the other may be liable. \ .' WHEREAS, the parties have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe, and the provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing, NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or 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 of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and property ground, nor to prevent either party from defending such action which has been, may be or shall be instituted by the other party, or from making any just or property defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose ofinducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in party. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. .. ~ .. 2.2 The parties acknowledge that a Divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at 97-2977. The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the filing of execution of this Agreement. 2.3 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.4 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto, such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY J.I The parties have attempted to divide their marital property in a manner that conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of the marriage, th~ prior marriages of the parties, the age, health, station, amount and sources ofincome, vocational skills, employability, estate, liabilities, and needs for each of the parties, the contribution of one party to education, training, or increased earning power of the other party, the opportunity of each party for future acquisition of capital assets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution ofa party as a homemaker, the value of the property set apart to each party, the standard of living of the parties established during their marriage, the economic circumstances of " , , . . .. each party, including federal, state, and local tax ramifications, at the time of the division ~ of the property is to become effective. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Tanl1:ible Personal Prooertv. Husband and Wife acknowledge that they have divided their personal property to their mutual satisfaction including all furniture, jewelry, automobiles and other tangible property, except for the specific items listed below. Other than the property herein listed, Husband waives aU right, title, and interest in all personal property currently in the possession of Wife, and Wife waives all right, title, and interest in all personal property currently in the possession of Husband. 3.4 Motor Vehicles. Husband and Wife agree to transfer all right, title and interest in each of their respective automobiles. 3.5 PensionlBenefits. The parties agree that Wife shall receive a rollover in the amount of$25,OOO.00 from Husband's pension. ARTICLE IV DEBTS OF THE PARTIES 4.1 Husband and Wife shall remove each other from any joint accounts which include, but are not limited to, checking, savings, and retirement accounts, and each release the other from any obligations or claims on said accounts. ARTICLE V ALIMONY AND SUPPORT 5.1 Husband and Wife hereby waive any and all right tu receive payments on account of spousal support, maintenance, Alimony Pendente Lite, Alimony, counsel fees or costs .. , . . "..... .. or any other payments of a similar nature to which he or she, in the absence of this Agreement, might be entitled by ~tatute including rights arising pursuant to the Divorce Code of 1980 as amended, or similar law of any jurisdiction which may be applicable now or at any future time. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect are fully understood by the parties. The parties understand their legal rights and obligations. Wife has been represented in this matter by Keith B. DeArmond, Esq., of Camp Hill, Pennsylvania. Husband has been represented in this matter by Barbara Sumple-SulIivan, Esq. of New Cumberland, Pennsylvania. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel Fees. The parties agree that they will each be responsible for their respective costs and attorney fees associated with this action. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times 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, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liability of such other as 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 estate, whether arising under the laws of (a) Pennsylvania. (b) any 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 have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Release ofTestamentarv Claims. Except as provided for in this Agreement, each of the parties hereto shall have the rights to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the descendant had been the last to die, This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Will under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party, may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate oaf the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 6.5 Warranties. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obli'gations arising out of this Agreement. Husband and Wife each warrants, covenants, represents, and agrees that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. " WHEREAS, the parties have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe, and the provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or 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 of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This agreement is not predicated on divorce. It is specifically unders~ood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and property ground, nor to prevent either party from defending such action which has been, may be or shall be instituted by the other party, or from making any just or property defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose ofinducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in party. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. .. 2.2 The parties acknowledge that a Divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at 97-2977. The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the filing of execution of this Agreement. 2.3 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.4 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto, such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner that conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources of income: vocational skills, employability, estate, liabilities, and needs for each of the parties, the contribution of one party to education, training, or increased earning power of the other party, the opportunity of each party for future acquisition of capital assets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker, the value of the property set apart to each party, the standard ofliving of the parties established during their marriage, the economic circumstances of , . ".... .. each party, including federal, state, and local tax ramifications, at the time of the division .. of the property is to become effective. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties, 3.3 Tangible Personal Prooertv. Husband and Wife acknowledge that they have divided their personal property to their mutual satisfaction including all furniture, jewelry, automobiles and other tangible property, except for the specific items listed below. Other than the property herein listed, Husband waives aU right, title, and interest in all personal property currently in the possession of Wife, and Wife waives all right, title, and interest in all personal property currently in the possession of Husband. 3.4 Motor Vehicles. Husband and Wife agree to transfer all right, title and interest in each of their respective automobiles. 3.5 PensionlBenefits. The parties agree that Wife shall receive a rollover in the amount of $25,000.00 from Husband's pension. ARTICLE IV DEBTS OF THE PARTIES 4.1 Husband and Wife shall remove each other from any joint accounts which include, but are not limited to, checking, savings, and retirement accounts, and each release the other from any obligations or claims on said accounts. ARTICLE V ALIMONY AND SUPPORT 5.1 Husband and Wife hereby waive any and all right to receive payments on account of spousal support, maintenance, Alimony Pendente Lite, Alimony, counsel fees or costs " or any other payments of a similar nature to which he or she, in the absence of this .. Agreement, might be entitled by statute including rights arising pursuant to the Divorce Code of 1980 as amended, or similor low of any jurisdiction which may be applicable now or at any future timc. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advicc of Counsel. Thc provisions of this Agreement and their legal effect are fully understood by the parties. The parties undcrstand their legal rights and obligations. Wife has bcen represcnted in this maller by Kcith B, DeArmond, Esq., of Camp Hill, Pennsylvania, Husband has becn represented in this matter by Barbara Sumple-SulIivan, Esq. of New Cumbcrland, Pennsylvania, The parties acknowlcdge and accept that this Agreement is, in the circumstances, fair and equitable, that it is bcing cntered into freely and voluntarily, after having received such advice and with such knowlcdge that execution of this Agreement is not the result of any duress or unduc inOuencc and that it is not the result of any collusion or improper or iIIcgal agrecmcnt or agrcements. 6.2 Counscl Fecs. Thc parties agree that they will each be responsible for their respective costs and allomcy fces associated with this action. 6.3 Mutuall~elease. Husband and Wife each do hereby mutually remise, release, quitclaim, and forcvcr discharge the other and the estate of such other, for all times to come and ror all purposcs whatsocver, 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, or whatever nature and wheresoevcr situate, which he or she now has or at any time hereafter against such other, the cstate of such other, or any part thereof, whether arising out of any former acts, contracts, cngagcments, or liability of such other as by way of dower or curtesy, or claims in the nature of dowcr 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 estate, whethcr arising undcr the laws of (a) Pennsylvania. (b) any state, commonwealth or tcrritory oflhe Unitcd States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendentc lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other by execution ofthis Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Release ofTestamentarv Claims. Except as provided for in this Agreement, each of the parties hereto shall have the rights to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the descendant had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Will under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party, may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate oaf the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 6.5 Warranties. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrants, covenants, represents, and agrees that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. OC'd. ale 14/0911'" Knoll ,L1ndl L 55 "Ill ROld Ethr. PA 17119 t:m,lofre 10: Cn,1 Centrr: l.ocatlon: Job Tille': Ila Ralr: Ol4ll7 Xect I.n. Tgllphong Slrvlcl' CIl011 TIlephonl Servlcl Rep Zl 673.00 Annuftl T XIMTA, ,,"hrltaIStatus: Allowanm: A'dl.I'ct.: ... Ami.: 1~C'd~1 Slnall &Iat Hot .,.plle SSN: 174-46-5177 un.,.. ANn C' TnT' "'Currrnl'" '"vrU''' neletl"tln" Ralll IInun F.amln" Ilnun t:ar"lnl!' Unetlllllnn Currml vm Rlgullr PlY 10.901 10.11 I7l.11 l79.7I S,049." FED DASal/Dlub 5Z.71 115.U Hit PlY AdJu.t. 0.00 0.00 640.13 FED FlCA "-diu n.55 U.Z7 lo.t TI.. (l) " 0.00 O.ZZ 1."0 rED Withholding I1Z.Z4 316.41 PA Withholding U.IO 13.55 PA Newblrry T 1.12 10.50 , 10.Do 111.01 zao.ao 3,692.41 " In.IO 7l1.12 " . I ntfnl"llnn Curr",1 vm nMalllllnn Cuttrnt v,,) nC''ltt~tlnn Ca-nl'nl m. H..lth ZO.66 61.9' II1Qh11erk Club 0.15 I.ao Dlnt.1 1.25 J.n Totll: ZI.91 65.73 Total: 0.25 Loa . Taxatlll' ')' ',' ') Current: I7Z.U lSo.17 109.1' 22.16 . 64o.1l m), J no.Ol I 'I". IS na.az ".73 I 894.'" Staft Balance: 0.00 51aft Balance 0.00 Sian Balance 0.00 CHECK II + Anllable: 0.00 + Elmrd: 0.00 + Elmed: 0.00 ADVICE II - Tlbn: 0.00 - Tlkrn: D.OD . Taken: 0.00 Tolal: +1. Adju'lmcuts: 0.00 +/.A'jurlmmu: . DO . Sold: 0.00 En' Balance 0.00 En' Balance: 0.00 +/-A'juslmcnls: 0.00 Documenl II: 000000000372 f.nd aalance: 0.00 Mr.sSAGE, WARNING . 'HIS DOCUMENT HAS A COLORED BACKGROUND AND AN ARTIFICIAL WATERMARK . ANY ALTERATION VOIDS THIS CHECK ~IGHMARK. P. O. 80)( 890089 Camp Hill. PA n089.008S @ MellonBank HARRlUUAG. PEHNmVANIA 60-11 m DATE 04/09/1999 NO, 000054206 PAY TO TIlE ORDER or SIX IIUNDRED FORTY DOLf.ARS AND /1 CENTS Knoll. Linda l 33 Mall Road Etters PA 17319 DEFENDANT'S ,EXHIBIT PAY Ao'\lOUNT a tIIiIIE BAG' 0069 I.OCAnON CHon DEPT 0398 , ""'1'''1'1 LKT ~SIt::1RE IIIpm.rll lI'ooooSI, 201;11' 1:0 'I ~ '1008 2 ~I: '102 2D'I 21, 'I ~II' 6. The parties filed their Pre-Trial Statements on April 13, 1998. The Pre-Hearing Conference was held on August 14, 1998. At this time, the Master scheduled a settlement conference on November 4, 1998 and a hearing on January 21, 1999. 7. The parties reached an agreement for settlement of the marital issues, which agreement was draft by Defendant's counsel and signed by Plaintiff on January 18, 1999. 8. As a result of reaching the agreement, the Master's hearing scheduled for January 21, 1999 was canceled. 9. On February 3, 1999, Counsel for Respondent advised Petitioner's counsel that Respondent has now refused to sign the written document evidencing the parties' agreement that has been drafted by her own counsel. 10. A new hearing date for the Master will not be scheduled until sometime this summer. II. Petitioner avers that Respondent will not be prejudiced by the bifurcation of the divorce action from further proceedings regarding resolution of all disputes concerning the economic claims. 12. Since the divorce claim is not at issue and the economic claims are reserved and preserved for future litigation, no prejudice will occur if a divorce is granted prior to 2 ~ >0 c> I.. ~? ..:1 ~:; .. , }.. ',~ \J.I. . - c.~( , [j-;' u. i-)~ . c' 6'_ UI'. , ; ~ I Ii! I" r- 0" Lf; ';'1. "F 1.>- ~. ) u. c""\ 0 ~" () - '" .. - d z r- oc( g ~ ~ ~t;~ UI,,;.! e hi E ~ ~ [ .. z o :E 8 ffi ~ :J iii II. jUl"ci ~:~ oc( a: m w 0:: ID oc( :If: m U ~ z . , . 'i ft,1i 11 1999 \ . '\:;. .\t. 1)0.' ~). ~ ~ l q F ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: (X) I. (X) 2. (X) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7, ( ) 8. (X) 9. ( ) 10. ( ) II. ( ) 12. ( ) 13. ( ) 14, ( ) IS. () 16. (X) 17. (X) 18. (X) 19. ( ) 20, ( ) 21. ( ) 22. ( ) 23, (X) 24. (X) 25. ( ) 26. Real Property Motor Vehicles Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and offer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other MARITAl. PROPERTY List all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Present Value Number of Property All Owners of Property I. Real Estate John Knoll $200,000.00 2, Trade-In value Linda Knoll $2,400 of 1989 Ford Probe 3. Stocks & Bonds John Knoll unknown Linda Knoll 9. Life Insurance John Knoll unknown Linda Knoll 18. Pension Plan John Knoll unknown 19. Retirement Plan John Knoll unknown 25. Household John Knoll $4,800.00 Furnishings Linda Knoll LIABILITIES List all debts of both parties. Item Description Names of Names of Amount Number of Prooertv All Creditors All Debtors Owed 24, Visa Member's First Linda Knoll $ 826,00 24. Credit Card Boscov's Linda Knoll $ 320.00 24. Credit Card Sears Linda Knoll $ 205,00 24. Credit Card JC Penney Linda Knoll $ 144.00 24. Student Loan PNC Bank Linda Knoll $4,000.00 24. Auto Loan PNC Bank Linda Knoll $9,000.00 24. Personal Loan PNB Bank Linda Knoll $4,800.00 >- ,. q: ~; -:-~ '.l. IJ..9 ~ - -. ,. I (.')..,. "- , :'(J I'.... ii: '. '. r:'-; ~,- .. -):" ;. cr. ltJ>.!. I f!:t t: .. '- . . , " ", ",I.. :., ,~.. ,.. I~ (;~ .:J <..J en () - . . - Ol Q - d l) .- - z ~ - < :l z j t; ~ UI .. ;J e ~ e ~ ii: 11." Z ~ " ~ ffi ~ j 0: a. ~Ul"ci 0( ~ z ll: II :s 0( a: Dl IIJ ll: m 0( ::E Dl a ~ z '- co b; Lr. i.-' w(" ~ , '. ffi .' . -:. ~:: " Ll.~ ." ..- ~ O~- C1C ' (,") L;," I _J; :;~ '~;p c.: ;: =-~ -..~ 1I.. 1- '::I C C" C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW JOHN J. KNOLL, Plaintiff No. 97-2977 Civil v, LINDA L. KNOLL, Defendant IN DIVORCE ANSWER AND COUNTER-CLAIM I. Admitted. 2. Admitted. 3. Admitted. 4, Admitted. S. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. COUNT I - DIVORCE NO FAULT 10. No response is required, 11. Admitted. INDIGNITIES 12, No response is required. 13. Denied. To the contrary, Defendant avers that she is the innocent and injured party, and Plainliffhas offered such indi~ities to Defendant and has been verbally and psychologically abused as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE. Defendant respectfully requests this Honorable Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code, ">- c; .._C'.1 (.: -" t.- l.Irr~ t.~ . , C).~ - f'." , i:j' .,:.: , ~c C':' <-: ~t, [l: ,. .~ ~ j - '. 1:1 -., ;::t. l1. 1- :".~ L.l -:J 0' U ~ -.....J ~~" ~~ -JI ~ I ..s ~ Q ~ 0 ~ ~ . () ~ ~ % ~ ~ '- ,~l '.. ir. e.. r-- -4 ?; ,....z ~l" ;.:l ~.,: ;C'. / f~~,~ L:i.;. '-, ':.~ C?~ ;-". C1 ., '1'~~-;: I.:" ',' ~-.. ~;! : :~:(... '" ;1 u.. ... =~') 1 i.l.. , -, ::~ 11. .... ~:-J L.' 0' U . , . fo__' l~ 40 . LAbel is'' tnS\r\JChO'" "" page 10\ U.o I~' IllS '.beL 1 OIl1d""I.., \ pl.... print ~t'ipe. , prelldenl\a I .. Elecllon CIa gn , ~ 1 fillng,IUS 2 3 4 ct>.c\ "".' - E;ons N p, Int no, d Jlan sb, ents. J. 10. GI orne .ct> )y B of your ,msW.2. 2G, and 99.R h.r., <you did nol IIOW.2, .. pogo 12. Enclose bu1 do n01 at1ach any payment. Also. please use Fonn 1040.V. Adjusted Gross Income If hne 32 is under 529,290 (un~.r 59,770 II a c~~d did not live with you), ... EIC 10.1 on page 2\. OUP.'hn.ol 01 I"e llu"'Uf)'-lnl."",1 n.".."". ~"""ll," U.S. Individual Income Tax Return ~@97 III III..U...O"11-11I,'..I.......'.. 'I"I..II\""'~I"'U . 10 OMD Uo. 1~4!t.OOU Your locll' ..cunty numb.r '01 thO yea' J3n. I-Dec. 31. '997. Of olh-, I.u ytDr ~I"nl!lg . HIJ7. ending SpoUII'.locIAl ..cunly number NZ 167-40-4265 174-46-5377 526 15 JOHN J KNOLL 348 HILLSIDE DR NEWCUMBERLND PA 17070.1860 I R '-' 5 For holp In finding IIn. Instructlon,. aee pDg.. 2 ond 3 In Ih. bookl.L Slngl. M.nied hling Jolnl r.turn (oven II only noo hacllncom.) MAtriod f.bng aoparala return. Enler spou~'s ~li1l !at.-tUlIly no. atJove and full name here. .. Ho.d 01 hou.ehold (with qualllying parson), (So. pag.l0.) IIlhe qualifying flIlI'on I. a child bul not your dependanl, onlorlhls child'. nom. horo. ~ Quali i wldow(er) with dependent child ( ear 5 ouse died .. '9 l. See 8 e 10. Yourself. II your parent (or someone else) con claim you as 8 depeodent on hiS at her tal( ) retum. do not check bOil; 6a. . . . . . . . . . . . . . . . b Spou.o.....,...........,...,... c Dopendonts: III 0<",.".,., ('IO,poNlo", (I No ~ """'" I I r r.OCw,1 Utullt" lIumher ItllUon5hiD 10 t..ed II your 1 lISt Nml ' au barM WI 1997 A tV :zAC.~ M..i Ves No Do you wonl $3 10 go 10 Ihl. lund". . , . . . , , , II 8 loinl rotum. does ,pauS8 want $3 to n to this fund? . 5 60 ...oJ 1'7.... 22 23 IRA deduction (... pogo 16). . . . . . . .. 23 24 M.dical saving. occounl doduction. Allach Farm 8853. 24 25 MOVIng ..penso', Allach Farm 3903 or 3903.F . ., 25 26 One.hall 01 ..II.employmonl la.. Allach Schodul. SE . 26 27 S.II,omploy.d hoollh In.uranc. d.dur.\Ion (... p.g. 17) 27 28 K.ogh end ..II.employed SEP and SIMPLE plan. 2e 29 ponally on oarty wilhdrowal 01 saving., . . ~ . h 29 300 rwmanypard blleclplo.I"SSN~ 117~;l.fl':2)'7:1 30a 31 Add 110.' 23 IIvough30a , , . . , . . . 32 Subtract line 31lrom line 2~. TIlisls auf adlusted fOIS \ncome For PrivIlicy Act and PDPf)rwork Reduction Act Notico. anD plllOe 30. d Total nunlbet of exemptions claImed Wag'" .ol.nes, lip., ole. Allaoh Form(s) W.2: Taxable Interest. Attach SChedule B it required Tox..exempt Inlerest. DO NOT ~lude on hne 8a . Dividends. Attach Schedule B II required . . . Taxable refunds. credits. or 0llsel5 ot sta\e and IOCHt income 'all.es (~ee page '2) . A1imonyreceived . . . . . . . . . . . BU$in... incom. or Q""), Allach Schedulo C or C.EZ Capital gain or (10"), Mach Schedul. 0 . , . . Other gains or QO....). Allach Farm 4797. . . . . . . . . , . . . . TolallRA distributions . ~ - 1-1 b T..abl. amounl('" p.go 13) ToIaI pensions end annutlOS ~ ,<:::Do' 1/ ~I.( l:::-J b Ta.able .maunl(s" page 13) Rental real estate. royalties. partnershipS. 5 corporationS. 1rustS. elc. Anath SChedule E Form Incomo or Qo.')' Allach Sch.dule F . . . . . . . . . . Unemployment compensation . . . . . . . . . . . . . . . . . SaciaI .ecurrty ben.f,t. . I 20a I I I b Taxabl. amount (... page \4) Olher Incom.. U.I type Dnd amounl-.ee pago 15 .................................... 7 Sa b 9 10 11 12 13 14 18a lSa 17 hi 19 200 21 8b .--- ......................................................................................... our totDI incDme .. . . . . . . . . Cat No. l1:i:!OB $ Noto:Cho<.l.nlI -v's." no' N"1lOlO'>"wot rDOuet yotM' ,.,und. N.. .1 bOlls utck.dOI Ilud I' Mo. "'DIU dlll4l1l'Dk Po: ..2 . liVId .n' you . dlO .oIllY1 wt\Il ,oudn lodlfOlt. or 11,".110' tso. "VI \1) D,,"dllllS .. Ie ftOll1tlt.d IbO.. - Add 1'",,'1"1 ,all"d 01 lints 1'0" ~ ~ -L - ,.... - .- - - - - - - 3\./~O o - F""" 1040 11997} t. I I r",m 10<0 IIl11ln Tax Compu- tation If you wanl Ihe IRS 10 fiQUf" your IAl, soe p.ge 18. Credits 45 40 47 48 40 50 61 52 53 Paymenls 54 55 Other Taxes AII.Ch Fonns W,2, W.2G, and 1099.R on tho fronl. Refund Have II directly b deposlledl ~ See p.ge 27 .nd fill In 62b, ~ d 62c, .nd 62d. 83 Amounl 84 You Owe Sign Here Keep a copy 01 this relLfn ror your records. Paid Preparer's Use Only 33 34e Amounl fro",lin. 32 (adJUSlod oros. incomo) . . , . , . , , , , . , Check il: 0 You w.re 65 or older, 0 Bl,nd: 0 Spouae w.s 65 or older, 0 BI..<I. Add the rumber of beaos Chocked abovo and enlnr lhe lu1al hero. .. ... 34a o"{4 I,; :.'A.t(.; ';F' t":: ! . t ~ . - , "'1' , I. 1 I ! [ b If you 811 mnn1ed filing r.oparaloly and your spouso ilomlzes deductions Of you w.re a dual..lalus allen, aco'p.go 10 ond chook h"'. . , . ,. ~ 34b 0 lltom'led deduction. from Schedule A, line 28, OR I Enl'" Slonclerd d.ducllon shown bolow lor YOUt filing .Ialus, But SIlO Ihe page 18 If you chacked MY box on hna 34. or 34b or somoon. lorge, can claim you a. a depondonl. ~~ . Slngl&-$4,150 . Monied IIlIng joinlly or Ouolifying w1dow(er}-$6,9oo . Haad of _oId-$6,050 . Married fihng .ep.r.I.I)"-$3,450 SUblr.clllne 35 kom line 33 , . , , , , . , . , . , . , . . . . . If lina 33 Is $90,900 or I.... mulllply $2.650 by Iho 101.1 numbor of e.ompllon. claimed on lne Gd. If rone 33 i. over 590,000. ... Ihe workshool on paoe 19 lor Ihe amounllo enlor . Texable Inoome. SUblraclline 37 from line 36. II hno 37 I. moro It,"n line 36, enlor .o. T... 50e e 19, Check If a la. from. 0 Form. 0814 b 0 Fonn 4972 , . ~ Cr<dil for child end dependenl care expenso.. Allach Fonn 2441 4ll Cred~ lor Ihe elderly or the disabled. Allach Schedule R . 41 Moption crediL Anach Fonn B839.. ...,.. 42 Foreign tax credit. Attach Form 1116 ...... 43 Other. Check If from a 0 Form :WOO b 0 Fonn 8390 >(~, 00 Form B801 d 0 Form l.pod,) , _ 44 Add fines 40 through 44 . . . . . Sublroct line 45 from line 39. If line 45 Is moro Ihan line 39, onler .0. . Self-employmonllax. Altach Schedule SE. . . , . , . . . Allem.live minimum la.. AIlach Form 6251 . . . , , . . . Social.ecurilyend Medx:are'ax on tip income nol reporled '0 employer. Altach Fonn 4131 Tax on qualified ..t!remonl plans ~ncIuding IAAs) and MSAs, Attach Form 5329 II required Advance eamed Incoma credit paymants trom Form(s) W.2 . Household employmenllax... AIloch Schedule H. . . Add lines 46 Ihrou h 52. Thi. is our 10101 ta.. . . . , Foderal Income lax wilhhold Irom Forms W.2 and 1099., 84 1991..limaled lax payments and amounlappi<ed from 1996 relurn , 55 Eamtd Incom. crediL Altach Schedule E1C if you have a qualil~"'l ~.~ chid b Nonlaxabl. earned Inccmo: amounl .. I I I ~ and Iype" .................................................. 56. Amounl pold wilh Fann 4868 (requesl for e.lenslon), .. !iT E.cess social security and RRTA 'a. wilhheld (... p.ge 21) 68 Other payments. Check ,ffrom a 0 Form 2439 b 0 Fonn 4136 69 Add lines 54, 55, 560. 57. 58. and 50, Theso Are our lotal ymenla . . , . ,~ Ulina 60 Is more than line 53. sublract ine 53lrom 1m GO. This is Ihe amounl you OVERPAID Amounl offine 61 you wonl REFUNDED TO YOU. . . . . . , . . . . . ~ Routing numb... t:IIJ:IJI[IJ .. 0 Type: 0 Checking 0 Sovlngs 35 36 37 :w 39 40 41 42 43 44 ~ ~ 56. 57 68 59 80 81 62a Accounl number Amount of lie. 61 ou wanl APPLIED TO YOUR 199IESnfolATE9 TAX .. - :...... If:, - , , , r ( I ~ I I i ~ I 1 \, \ . r- 1 i ! - - ~ r;,. ~~,. r r I ! i' i . I I ( , . I U ine 53 Is morelh.n I,na 60, sublracll;ne GO Irom line 53. Thl.ls the AMOUNT YOU OWE. Fordat.U. on how 10 pay, ....p.ge27. . , . . . , . . . , . . . . ~ B5 E.limated tax I. A1.0 Include on hnA G4, . . ., 85 .--- Uodl!lt ptI'IAl1iel 01 pet~,1 declarl tho,11 havt t.:armntd It" r__lllm and ICcurnpAl1)'II1g scMdules and Ilalemen11. arld 10 thl best 01 my knoMtdgelnd btIltl, thIy ar. true. camel. ,net templ,le. o.etarabon DI prtp.", 101MI' thin IUpaytt1ls based on ell "'onnatlon 01 whtch pI.pat.r has any knowledge. ~ I '''a Vourot<u ~ ~ :our '~ Oale Spouse'" occup.,hon PrePov",', ~ IIQF\8lur. ,. r1,m', nIln... (or yO\.fS ~ il sell.f1I!1YUVed) and "t"'lrft~, [)AI. Check . 10".._00 0 Ptf'P3,....s social security no. flN lll'cnd" SCHEDULES A&B (Fonn 1040) Schedule A-Itemized Deductions ~loftMlll1tury .....,... RennuI s.na I') N&me{.) IIlown on Form 1040 (Schodulo B Is on b~ck) ~ Attach 10 Form 1040, ~ Soo Insltuctlona lor Schodul.. A ond D (Form 1040). .JDV),J 1&0 II Medical and Dental Expenses Taxes You Paid (Sea pooo A'2,) Interest You Paid (Sea paoo A.2.). Nola: Porsonal IntarBOIIs not doduclibla. Gifts to Charity . If you mada a gift and gol a bono"l for I~ s.. paoa A.3. Casualty and theil Losses 19 Job Expsnses 20 and Mosl Other Miscellaneous Deductions (S.. paoa A.5 lor .xpans..lo doduct tier..) 23 24 25 28 Other 27 Mlscellanaous Deducllons Totsl Itemized Deductions Caulion: Do nollncluda expenses roImbursod or p3ld byothers. 1 Medical and denIal oxpenses (sea page A'I). , , . 2 Enter amounllrom Form 1040, lint 33. 2 0 0 3 Mulliply IIna 2 above by 7,5% (.075), , . . , ., 3 J 66 (,) 4 Subtractllna 3 from IIna 1, If line 3 Is more than line 1, enler .0. 5 State and local Income taxes . . 5 8 Real estate taxes (see page A-2) , . . , . , ., 8 7 Personal property taxes, . , . , . . , , ,. 7 8 Other taxeD. Ustlype end amount .... ..9{,"'p........... ~ 8 9 Add 'Ii,;~s '5' ihrou' .Ii's.:..:...:..:...:":'......:..:...:..:.... 10 Home mongage Inleresl and poinls reponed to you on Form 1098 11 Home mor1gage Interest not repMod to you an Form 1098. If paid to lhe PQISOIl from whom you bought the horna, see page A.3 and show that person's name, identifying no" and address .. ................................................................ ................................................................ - ................................................................. 12 Points not reported to you on Form 1098. See pago A-3 far special rules. , , , . . , , . . , . . . 13 Investmentlntaresl. Allach Form 4952 If requlrod. (See page A-3.) . . . . , . . . . , . . . . . 14 Add lines 10 throu h 13. . . , . , . . , . . 15 Gifts by cash or chack. If you made any gift of $250 or mora, see page A-3 , . , . . , . . . . . . 16 Other than by cash or chock. If any gift of $250 or mare, see page A-3. You MUST allach Form 8283 if over $500 17 Carryovar from prior year , 18 Add lines 15 Ihrou h 17. . . . , . . . , . . 12 - 13 (( /66 l/, q Jr; - Unrolmbursed amployee expensas-job travol, union dues, job education, etc. You MUST attach Farm 2106 or 2106-EZ if required. (See page A-4.) .. ............... ................................................................ ..-- ................................................................. 21 Tax proparation fees . . , . , . , . . , , . 22 Other expansas-lnvestment, safe deposit box, etc. Ust type and amount ........................................... .~ .........,..........................,........................... 22 Add lines 20 through 22, . . . , 23 Enler amount from Form 1040, fine 33. 24 ~ Multiply line 24 ebove by 2% (.02) , . . . . .. 25 Subtract line 25 from line 23, If line 25 Is mora than line 23, entor -0- Other-from list on pega A,5. L1Dtlype and amount" .............................. ............................................................................................... 28 Is Fonn 1040, line 33, over $121,200 (avor $00,600 If married filing saparataly)? NO, Your deduction Is natllmiled. Add the amounts In tho fnr right column } for lines 4 through 27. Also, enter on Form 1040, line 35, the larger of .. this amount or your standard deduction. . YES, Your deduction may be Iimilad. See page A'5 lor lho amount 10 anter. For P8fMIWork Reduction Act Notice. leO Form 1040 Instructions. ("..'It Nt), '1310)( OowlO No. 154~.oo74 ~@97 ^"Khmon' S'O_ No. 07 Your IOCIaI ItcUrlty numbtt /67: '10 : '-/~b':,- .3 3 9'0 I ~ '!:6cD , (,,/oz - - Schedula A IForm 1040) '9'J7 . Sehodvl.. AlD (Form 10<OI1DDT Narnt(.) shown on Form 1040. 00 not onlor NJT'II and IOdftlloaulty numbtt II Ihown on olher .ide. OMB No, ,54S.()014 PID' 2 Your locl.llHCurUy number Part I Interost Income ($00 pago. 12 Ind B.l.) No"', If you recelved I Form 1099.INT, Form 1099.010, or substitute stltement from I brokerlge arm, Ult the firm's name 81 the pay., and entor thl totallnt.....' shown on thai fann. Part II Dividend Income ($00 pages 12 and B.1.) Note: If you reC8lved a Form 1099.01Y or substitute statement from a brokerage rllT11,llsl tho firm's name as lho payor and ontar the tolal dividends shown on lhat 'ann. Part III Forolgn Accounts and Trusts Schedule B-Interest and Dividend Income ""_1 08 SequoncI No. Not.: If hod ovor $400 In taxoblo Intorost Incomo, au muslolso com 1010 PBIII/I, 1 Ust name 01 payer. II any Intaroslls from a saller.financad mortgDgo and tho buyor used tho proporty as a parsonal resldonca, soo paga B.l and list this ~~~.r~~:p.~~(rt.~~.~~.~~::~ ,~:~~I.:~~~,~~~~~:.~~~.~.~~.~~~.,~,., ....:t:!ll~..I:,:l.~c..n\v.j!lt.,k:~P.:k~,.f ...#J.t..... ~n.~:~.T............. Amount Sb ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ 1 ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ 2 Add tho amounts on lino 1 . . . . . . . . . , , . . . . . ., 2 3 Excludabla Intarast on sarias EE U.S. savings bonds Issuod ahar 1989 from Form 8815, Iina 14, You MUST attach Form 8815 to Form 1040 , , . . , ,. 3 4 Subtract line 3 lrom Iina 2. Entar the result hare and on Form 1040 lina Ba ~ 4 Note: II had over $400 In rou dividonds ondlor o/hor dlsfribullons on slOCk, must also co 5 Ust nama of payer. Includo gross dlvldands and/or other dlstrlbullons on stock hare. MY capital gain distributions and nontaxabla distributions will bo daductad on lines 7 and 8 ~ ..................................................................... elll Part /11. Amount ............................................................................................. ............................................................................................. ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ 5 ............................................................................................ ............................................................................................ .......................................................................... ................. ............................................................................................ ............................................................................................ ............................................................................................. ............................................................................................ 8 Add the amounts on IIna 5 . . , . . . . . . . 7 Capital gain dislrlbutlons. Entar hero end on Schedula 0 7 8 Nontaxabla dislrlbutions. (Soo the Inst. for Fann 1040, lino 9.) 8 9 Add Iinas 7 and 8 . . . . . , . . , , , . , , , . , . . , , 10 Subtract \Ina 9 from \Ina 6. Entar tho result hore and on Form 1040, IIna 9 ,~ 10 You must completa this part If you la) had ovor $400 or Intarast or dividands; (b) had a foreign account; or (c) received a distribution from. or were a grantor 01, or a transferor to, a forolgn trust. 11 a At any lima during 1997, did you have an Interostln or a signature or othar authority ovar a financial account In a foreign country, such as a bank account, securitias account, or othar financial account? Sea pogo B-2 for excaptions and filing requiraments for Form TO F 90.22.1 , . . . b II 'Yes,' anter tho nama of tho foreign country ~ ......................................................, 12 During 1997, did you recalve a distribution from, or ware you tho grantor of, or transferor to, a foreign trust? If 'Yos,' you me have to file Form 3~20 or 926. Soe a e B.2. . . . , . . For pOr>",wnrl< Reduction Aol Nolle., lee Form 1ll-40 Inltruellonl. Schedul. B IForm 1(40) 1997 ($98 plgo 8.2.) . -~ Sc~odulo K.' (Form 112DS) OtparllMnl fA the TI"'lIf)' llllffMI nnenue StfWlCt Shareholder's Share of Income, Credits, Deductions, etc .. See separale Instructions. For calendar year 1997 or lax year belnnln A r 21 ,1997andendln Oec 31 ,1997 167 -40-4265 Corporallon'sldenlllylng number ~ 23 - 28964 I 6 tnfpollhon', N,m., Add,."..oo ZIP Cod. OMU No. 1 S4S.0 I JoJ 1997 Shlreholder'sldenllJ In number ~ 511af1ho1dt,', rumt, Addf,u, Ifld ZIP Cod. John J, Knoll 348 Hillside Drive New Cumberland, PA Fur Whom the Bel Knolls, Inc, Dana Brandt Insurance Agency 154 Lefever Road Newvl11e PA 17241 A Sha,eholder's porcenlage of stock owne,.hip for I.. yea' (.ee in.lruelion. lur Schedule K.I).,.................... .. 50.00000 ox. B Inlern.ll RIYOIlIIe SeM~Cenler'NhoremporltiDllliled i1s "lulO ... .......... .. .!'bLta!!~.1.p.!Jia..J_ ~'l. _ !!!.2.?~__0.9n. _::::::: =~ _. C Tnx .heller ,egi.lration number (.eu ,u.lruction.lor Schedule K.I) ..,..., ., ......., .. 17070 1'1 Final K.l 121 r'l Amended K.i .. ....... ........ -------------- 0 Check nODlicablo boxe.: m (a) Pro rata .ha,e item. (b) Amounl (c) FDrrn 1040 lllers enter tho amounl in cDI (b) Dn: 1 Ordinary income Qo>>) Irom trade Dr business aClivihe. . .. . . ....... . 1 5 397. See Sha,eholder'. 2 Nel income Q055) I'Dm renlol real e.lole ochvilie. . . . . . . . . . . . . , . . . . . 2 _ !nstrueIIDn. fDr Schedule K.1 3 Nel income OD>>) from olher renlolachvlhe. ,.......,.".........., 3 (FDrm 11205). 4 PortfDliD income (fo>>): alnlere.1 ... ....,... ,.............".......................,....., 4. 173. Sd1e<lule 8, Plrt I, hn. I b.Oividend. .....,..... ........,....'.........,..............'...., 4b Sd1e<lule 8, Pill II, hn. 5 c RDyallies". ...... ...........................,........., ......... 4c Schedul. E, Part I, hn. 4 Income d Nel sho,(.\e,m capllol gain (10)>)...........,,...........,.....,... 4d Schedule 0, line 5, col (I) (lDSS) e Netlono.term capilal gain (IDss) (1) 28f. rale gain (10)>) ..............'.....................,.... elll Schedule 0, hne II, coI (g) (2) Tolallor year ........................................."...... ee21 Sd1e<lule O,llne 11, coI (I) e Olher portfolio income (10)>) (ol/ach schedule) ..............., , . . . , 41 (Enler on 'ppl,ubleln 01 relurn.l 5 Nel seelion 1231 gain (IDS') (olher Ihon due to co.uolly or Ihell) . 28f. rale gain (loss) Sa }i Shlre!lolder'.lnsliuclJons ............................................. lor Sd1e<luleK.' (form b TDlallor year. .........,...,.,................................... 5b 1I1OS) 6 Olher income (Ioss1 (ol/ach schedule! ........................,.... 6 (Enler DlI'lllllicable In 01 "Iurn.! 7 Charitable conlribulion. (nnach schedule). . . . . . . . , . . . .. . . . " , . . , . . . 7 Schedule A. hnel5 or 16 Oeduc. S Seclion 179 expon.e deduehon ................................... 8 See Shlreholder'slnsliuc. tlons 9 Oeduclions relaled to porlloHo incDme 00>>) (nl/.cll selledu/e) 9 t-Ilonslor Sd1e<lule K.l ...... 10 Olher deduelions (al/nch schedule).......,........................ 10 (form lIZOS). Invesl- 11 a Inleresl expen.e on inveslmenl debls ............................. 110 Form 4952, line 1 ment b (1) Investment income included on line. 40, 4b, 4c, and 41 above. . . bCll I73. } ~ee SIi\:e!loIder'. Ins\,uc. rrSI(VSc~uleK.1 Interesl ci. Investment exoenses included on line 9 above. . . . . , . . . . . . . . . . . . bl21 form 11105 , 12. Credillor alcohol used ns fuel .................................... 12a Form 6478, line 10 b Low.income'hou.ing credil: (1) ~~~c~e~i~~e4~~.~~~~~',..hi~S. ~~r. ~~~~::~y ~I~~:.~:~,........ bl1l t- (2) Olher than on line 12b(1) lor p,opo,ly placnd in service .J!.(~ belore 1990.,..,......"".,.................,.........,...., (3) ~~~~c~eili~~ 1~~W~!. ~~~~~~r".I~ip~. ~~'. ~'D~:IY .PI~~:~ in. . . . . . . . . bl31 Form 8586, line 5 (4) Olher lhan on hne 12b(3) for p,ope,ly ploced in servicn b(41 t- Credlls ane, 1989 ..".....................................,......... c Qualified rehabllilaliDn expend,lu,es ,elated ID rental reol estale aclivilies.......,.......,..,..............,..........,..... 12c d Credils (olher 1I1On credils .hown on lines 12b and 12c) relaled See Shareholder's 10 renlal ,eal eslato aclivilies .....,............................... 12d InslrucliDn. for Schedule K.l e Credils relaled 10 Dther renlal aclivihe. ....................,....... 12e (Form 11205). 13 011 lOr crndil. ....,....................,.,..'.........,.........,. 13 BAA FDr Paperwork RoductlDn Act Notice, see the In.lructlons lor Form 11205. ScllOdule K.l (Fo,m 11205) 1997 :-;r~^'~\12 li"l\JQl dlOdule K.l (Form 11205\11997\ John 1. Knoll 167-40-4265 Pooe 2 <a> Pro lata sllar(! itmns (0) Amounl (c) rorm 1010 Iiler. enler Ihe ."""nl in calUIM (Ii) 00: 141 Depreciation adjustment on plopert)' placr.d in service allm 1986 .... 14a 74. Adjust. b Adjusled o.in or loss .. .. .. .. .. . .. , .. .. .. ' . .. .. .. .. .. . 14b 1'" "'w_. ments .........". Instructions for and Tax c Deplelion (olher Ihan oil and oas) .....,........"............"... 14c Schedule K.l Prefer. d (1) Gloss income from oil, gas, or geolherrrr.1 proper'ms ............ dill (Form 1120S) and ence (2) Deduclions allocable 10 oil, gas, or geolhe,mal p,ope.I,es .,...... ...!!.ro_ Instructions for lIems Form 6251 e Other adluslmenls and lax nreference ilems lattnch selledulel . . .. . . . 14. -' 15a Type 01 income . lorm 1116. Check IXI\" ------------------------ b H~m. of IOI.ion eounlr)' or U.S. poss.n~n .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ c Jg,~~c?,r~~f,~~~f~~ !~~~ ~~,u.'~~.s. ~~!~i.~~ !~'~. ~~~~~~ .~I.~I~.s, . . . . . . .. . . 15c - Foreign Form 1116, Pari I Taxes d Tolal applicable deduclions and losses (a/loch sc/,edule) . . . , , . . . . . . . 15d . Tolal loreign laxes (check one): .. 101 Paid I' I Acc.ued ....... 15_ Form 1116, ParlU I Reduclion in laxes available lor credil (a/lach schedul.). . . . . . . . . .. . , 151 Form 1116. Pari III o Olher foreinn lax inlormalion (a/lach schedule! . . . . . . . . . . . . . . . . . ,. . . 150 St. Instructions fOl rolm 1116 16 SecUoo 59('X1) expendllu,,,: a Type. see Shareholder's I"struc. b Amounl 1Gb hon.for SChedvl. K.l ......................................................... (Iorm I120S). 01h., 17 Tax.exempt interest income ...................................... 17 Form 1040, lin. 8b 18 Olher lax.exempllncome............... ,......................... 18 19 Nondeduclible .xpens.s............,.. .....,.........."",...,.. 19 33. See Shar.holder's Properlli dislribulions (including cash) olhor lhan dividend _Instructions for 20 5ch.dule K.l dislribu ions .eperled 10 you on Form 1099.DIV ..,..........,......, 20 I 569. (Form 11205). 21 Amounl 01 loan ,epaym.nls for t03ns from Shar.holders' . , . . . . . ,. . . 21 22 Recapture of low.income housing credit: l-Form 861" lin. 8 a From seclion 42Gl(5) parlnerships ................................ 22a b Olhe, Ihan on line 223 ..............................."...'."... 22b 23 Suppl.~.$,~lal informalion required 10 be r.porled s.paral.ly 10 .ach sha,eholder (3tt3Ch additional sclledules i/ more space ;s neede : ---------------------------------------------------- ----------- --------------------------------------------------- ----------- , ----------------------------------------------------- ----------- ----------------------------------------------------- ----------- ----------------------------------------------------- ----------- ~---------------------------------------------------- ----------- ~---------------------------------------------------- ----------- ~---------------------------------------------------- ----------- ---------------------------------------------------- ----------- ~---------------------------------------------------- ----------- ---------------------------------------------------- ----------- ---------------------------------------------------- ----------- ---------------------------------------------------- ----------- Supple- ----------------------------------------------------- ----------- menial Info,. ---------------------------------------------------- ---------_!.. mall on ----------------------------------------------------- ----------- ---------------------------------------------------- ----------- ----------------------------------------------------- ----------- ----------------------------------------------------- ----------- ---------------------------------------------------- ----------- ----------------------------------------------------- ----------- ---------------------------------------------------- ----------- ----------------------------------------------------- ----------- ----------------------------------------------------- ----------- ----------------------------------------------------- ----------- ~---------------------------------------------------- ----------- ~---------------------------------------------------- ----------- ~---------------------- - -.- -. - - -.. - - - - - - - - - - - - - - - - - - - -- ------- - - -- r.r-.^IMl: ...-------- ------.-----....-----.-- - - - - _.. .. - .... - - - - - - - - .. - .. - . - _. -.-- -." .. 1;;I'.~ll I SCHEDULE E (Form 1040) Or....".~I'r\lt"Lh"! l,..,uury nll'rr..>> 'l.__ut' ~,......u, ,.,,/; Nomtt(t) "hown on relutfl I Part II Supplclilcntallncornc and Loss (From (ont~1 roal osl~lo. rOY0l1tl~::., P,Ht.,,,n.hip5, S corpo(r.t1ons. 051::t(,s, trusts, R~MICs. ote.) ~ AUOIc.h to Form 10~O or Form 1:l41. &I- SOD In!.lructlOI'.!i (or Schc~ull) E (form 1040), JV I-IN 1<00l L. O:.~l, I..." ;~r,,'):;l.~ 1997 I.IU<.t..1\u:;t r,""IUI.'11Cl,1r:n '3 In como or Loss From Ronlal Roal Estato and Royaltio5 NOlO: r.cpotl incomo Dndo'lx]/JSo, Iromyourbus.,o.. olrcn'lIlO po':;oll~/fJroporty on Scllcdulo C or C-EZ (~(Jo p.lqU E.'), ReJJon (JIm IC:III.1J IIICO!I/l/ orA,}:;s from FOlm 4835 0" P::Jgo 2, t;n~ Jg, 1 Show tho kind ond location 01 each rontal real osl~to oroportv: 2 fa (w;h Icnlalu:DI (:!;I;lln prop<:rty Vos No ll:'.IL'Cl on hno 1. did you or your IMllly A u~o II during tno tiHt yoar for pcr:;onal A IJUip(J'jQS for mocc lh.m :ho grcalar c.f: I B . 14 days. or . 1;)% 0: the to1~llS..~ rlllted 011 {.:lit B I l(:nlJl \.',)lu01 C I (Sc{tp:K;u(;.1.) C ,ncomo: Prope,tins Totals A B C (AtJd c"hlmr., A. B. and C.) - 3 Renls recolved ............... 3 3 4 Rovalties roceivoc............. 4 4 Exponsos: 5 Ad\lcrtluing................. . 5 I 6 Aulo and Ir~wl (SL'C pllgo E.2) . . . 61 7 Clonnin!) 'and mainlenanco . . . . . . 7 I I 8 Commissions. , . . . , . . . . . . . . , . 8 9 Insulance . . . , , . . . . . . . . . . . . . . 9 10 Legol and other professional :"e. . 10 11 Manogonlontlees . . . . . . . . . . . . . 11 12 Mortgage intorest paid to bank.. I otc. (soo page E.2) . . . . . . . . . . . . 12 12 13 Othor interest . . . . . . . . . . . . . . . . 13 14 Repairs. . . . . . . . . . . . . . . . . . . . . 14 1S Suppllos . . . . . . . . . . . . . . . . . , . . 15 16 Taxes..................... . 16 I 17 Ulililios............,....... . 17 --!-'--- 18 Other (Iisl)'" _ ____,__ - 18 --- .--- 19 Add Iinns 5 through 18 . . . . . . . . . i 19 I , 19 I 20 Deprcciahon expease or dr~I,'llon i I I I (see page E-2) . . . . . . . .. ..... 20 20 21 Totol expen.es. Add linor. , 9 and 20 21 I I 22 Income or (loss) from rental real I osta:e or royalty properties. I I Subtract line 21 from line 3 (renls) I I I I or lino 4 (roynitics). H l~c result is a I (loss), sec page E.3 to fond out if I I I you must hie Form 6198........ 22 23 Deductible renlal rcol estate loss. n i I , Caution: Yourrental real estate lass I I I on line 22 may be ,::ndod. See p,'gr E-3 to find oul if yoll must fila Form i I 8582. Roa/estale profo:;slona/s I ~ . " I .,," _...... .0 " .. ,,,,....1 " " .. ( J ( I lncomo. Adc1 po~~iiivc .,ml'unls 5hown on il:U1 :':': un not inCluc!c.' :my Ic.!\'~~~; .............,.,. .~ Lossos. Al1d roy;uty 10r.SI~S from hnl! ~2 .;1~tJ rr:r.I.111'(::1I t:..t:;W lo~~r.,:. Ir011: :.;'",;~ :~.). :':nwr lOti1IIUS!lU~; :ll:'mi 25 I { iotal rE::1lal re;u (;:.;t;,w ~Hi.1 rvY~~:1 inC:Jf..o ur ,io~:.;. C~i1a~lIlC lilll,:.. /.j a.hl .'",J, l::.tcr tf:O fvsuH I~UhJ. . II Port:> ::. Ii!. IV. ;~;"a: :;i:~~!J lH, p.Vll':~ e!.. ...1: ;".;'~J.;" Yl'"" .~l:.-. ,':;,,1: ~i..I'; .~,l...\.,. (1"1 rl7ir."I; iC.tll, 24 25 2& . , .:....,' , i , . , .' . 2(, . ---_. -...----------.-..-,-----.-- r:" .\~.I~..;...., " ::..1<;. ~:. '; ~7 0,!.(.~....,::~~.. "n..,l(r. "-.' :lrr.. .;:' :'.':: " :.~: .\, ._ . I'" " ----------------..-'.--.--..-- SehCKIule E (Form 1o.cO) ';;7 Allac.hmonl SeQulnco No_ 13 PIlUO 2 ~ .1~ Nlma. ..hOw" on",lu~ nol'rJor nlme and loclal ..eulny numbo, lI.flown on Dlhor Ilde. Your loclalucurll)' numb., -j .~f1 . I\J ~J, </'J2)(.L ~ 7 S;:';t,y': Note: If you report amounts from farming or fishing on Schodulo E, you musl onlor your gross Incomo from lhasa aclNHlos on lino 47 ' -.;,~, bolow. Roaloslolo rofesslonafs musl com 1010 fino 42 bolow. . '::~, ' Part II Incomo or Loss From Partnorshlps and S Corporations Nolo: lIyou roport 0 loss lromon ol.ri>kBcINIy,you MUST chock . ,'~. :t-ot dh.r column fO) or(/) on ino 27/0 d.scribo vaur Invoslmonlln Ih. DcIN'V. SOD po(1O E-4. l/yoU chock column /f), you must Dllnch Fonn 61gB, (bt Enlar P 101' leI Chock If (dIEmpl..,.r I"vlllmlnl AJ. RI,k? 27 (a) Nama plllnonhlp; 5 1010lgn ktonUlIcaUon 1'1 All I, (f)Som.l. tOf S COI'oo;aliM plllnellhlD numbo, .Ifllk not,t,l,k A 1-.'ll1. W~klM TIl!;: (1,(:]. V/JrxL6. -nd/' c:;, .:i..~ -::J >?q(, lJ/r.. ^ B C 0 E Passlva Incoma and Loss Nonpasslve Incomo and Loss (g) Pa..l.... toll allowed JhJ p."lvelncorne II) Nonpull....lolI U) Section 170 8J;HJ"I. Ikl NOllg'''1Ye Income (1tlad1 Form 1512 II required) rom Sch.dull K.' 10m Schedull K.' deduction ,om Chldull K.' from Fonn 4502 A S, .~<J7 B c 0 E 28a Tolals I . b Tolals I 29 Add columns (h) and (k) of line 28a ............................................... 29 3D Add columns (g), (I), and OJ of line 28b .. .. . .. , . . . . , . , . . . . , . . . . . . . . - . . . . . . . . . . , , . . , , 3D ( ) 31 Total partnership and S corporation Incomo or (loss). Combino lines 29 and 3D. Enler Ihe result 5, 317 here and Include In the tolal on line 40 below ......,................................. 31 IPart 11I1 Incomo or Loss From Estatos and Trusts 32 ('IName Ib) Emplo)9r Idenlificalion numbor AI 81 Passive Income and Loss Nonpasslve Income and Loss (e) PassIve deducUon or toss allowed (dJ Passive lneomo (I) Deduction or loss (f) OIMr Income floln (allath Form 1512 If lequlred) 110m 5chldul. K.' from 5chtdulo K.' 5chtdult K.1 AI BI 33 a Totals I b Totals I 34 Add columns (d) and (f) of line 33a _ . . , . _ . . . . . , . , , . - . .. . . . . . - . . . .. . - . - . . . . . - . . , , , , , 34 35 Add columns (c) and (e) of line 33b _........"'........ _ .. _ . . . . , , .. . , . . , . , . - .. - - , . 35 I ) 36 Tolal eslate and trust Income or (loss). Combine lines 34 and 35. Enler tho rosult here and Include In the lotal on line 40 below ......................,.............................. 36 lpart IVI Income or Loss From Roal Estate Mortgage Invostment Conduits (REMICs) - Rosldual Holder IbJ Emplo)'" tC) ElleeSl inclusion Irom ld) TaM!)le Income (nellols) (tl Income from Sehldul.. Q. 37 I') Name ch.duln a,line 2c (1M ldonlllCllion nURlber pag"e.!i) 110m 5chtdul" 0.1101 1b Ilne3b I 38 Combine columns (d) and (e) only. Enler the result here and Includo In Ihe lolal on lino 40 below 38 I I Part V I Summary 39 Netlarm renlal income or (loss) from Form 4835. Also. complelo line 41 below. . . . , , - . - . - , , . 39 40 TOTAL Income or Oess). Combine lines 26, 31, 36, 38, and 39. Enler the rcsull hero and on Ferm 1040, line 17 ~. , . . 40 ~- '2.07 41 Reconciliation of Farming and Fishing Income. Entor your gross farming and fishing Income reportod on Form 483S, line 7; Schedulo K.l (Form 106S), line lSb; Schodule K-l (Form 1120S),lIno 23; and Schedule K-1 (Form 1041), line 14 (see page E-S) ....,.......,._ 41 42 Roconclllatlon for Real Estate Professionals. If you were a real eslate professional (see page E-4), enler the net Income or (loss) you reportod anywhere on Form 1040 Irom all rental real oslale acUvltlos In which vou malerlally parlicipalod undor Ihe passiyn acliYilY lo~s ruln~. . . . .. 42 ,:'\/'" :.....: .~.~; .'''' .... 51F FECl2G23r.2 fDlm 8283 Noncash Charitable Contributions Ofm No H~"s.om (n"", Ot10b0r , G\l5) ..... Attach to your tax return If you clalmod a total deduction of over $500 for all conlrlbul.d proporty. See 18pilrato Instructions. krJOLL... Al\aclvnent . 5fquonco No 55 D,plt4,m.nloflh.ll1l1lol'}' tn'.mll 'hl'lI'fU' Stn4CI Identifying numb..- I 7 Nolo: Figuto Iho amounl o( your contribution daduclion be(olo compleling I/,/s (arm. See your lax tolum ins/ruclions. Section A- List In this section only lIems (or groups of similar items) for which you claimed a deduction of $5,000 or less, Also, list certain publicly traded securities even if the deduction Is over $5,000 (see instructions), I' Part II Information on Donated Proporty If you need more space, attach a statement. N.me(l) IhcMnon r:ulncxrnelMletlln J1>H~ ::r. 1 (.) Nam. and Id(ten of lhe donee CWgan!utlon (bl Dosalplion 01 donalod ll'opt<1y A ~~ ~t>qWl.G- f" m.. B c o E Nolo: If tho amount you cIa/mod as a daduclion (or an itom Is S500 or loss, you do noll,ave to complete columns (d), (e), and (fJ. (e) Do" of Iho Idl 0.10 ocquirod (.) Haw ocquired III Donor'. "'.. IgI fair mark.. wluo Ih) Ilell'Od used 10 delennlno ""'!all ","~Il,,"on. bydonottmo,,~,) bydonot orad,""odba~s mark.. willi 1tl t.CfIIrX Other Information-Complete line 2 if you gave less Ihan an entire interest in property listed in Part I. Complete line 3 if restrictions were attached 10 a contribution listed In Part I. 2 If during the year, you contributed less than the entire interest in the property, complete lines a-e. a Enter the leller Irom Part I thatldenlifies the property ~ . If Po,tll applies to more thon one property, allach a separale statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ~ (2) For any prior lax years ~ c Name and address 01 each organization to which any such contribution was made in a prior year (complele only If different than the donee organization above). Name or challta~e organization (donee) Address (number, street and room Of S.uile no ) cuy Of laM\, ltale, und ZIP cod. d Fortangible property, enter the place where the property Is located or kept ~ e Name of any person, other than the donee organization, having actual possession 01 Ihe property~ 3 If condilions were aUached to any conlribution listed in Part I, answer queslions a . c and aUach the required statement (see Instructions). a Is there a restriction, either lemporary or permanent. on the donee's right to use or dispose of the donated property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . b Did you give to anyone (other than the donee organization or another organization participating with Ihe donee organization in cooperative lundraising) the right to the Income Irom the donated property or to the possession of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to designale the person having such Income, possession, or right to acquire? . . . . . . . . . , . , . . . . . . . . , . . . , . c Is there a restriction limiting the donated property lor a particulor use? . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . Yes No For Paporwork R.ducUon Act Nollce, III separate Instructions, ISA fDlm 8283 ,n.. IO-D5) SH r[[)(j~]Qr, 1,;(11I tt;"(l) ;1\11'0'. IO.Y:11 P,~IO 2 N.\lnr.{l) ~hOwn 00 you l/'1Cf.tl1a t;u: H:lUfn I hJcnt1lyinO numbor Section B-Appraisal Summary-List in tillS section only items (or group:; of :;imilar itoms) for which you claimed o deduction of morl} than 55,000 per item or group, Exception. Report contribul:ons of cerlnin put:.licly lraded securities only in Section A. II you donated art, you may have to attach the complete apprnisal. See the Note in Pan I below. i Part I Information on Donated Property-To be completed by the taxpayer and/or appraiser. 4 Check type 01 property: 8 Arl' (contribution of $20,000 or more) n Real Estate [J C. emslJew~1ry B Stamp Cottections Art. (contribulion 01 less than S20,OOO) t:J Coin Collections 0 Books Other -Art Indudes pajntin~~. sculplures. walcrcd()(5, prints, dr.1Winys, ccr:amics, :lllhquo tumi:urc. d~or~hve mts, textiles, ca:peIS, sliver. ra~c manUScllpts, histOrical mmtorabma. and other Slmil:u objects. Nolo: If your tolsl ort contribution dcduc:tlOll was S20,OOO 01 11I010, you mus' nt!:>cll D conrplolo c"PI of thu slfItlad nppr01isnl. 500 ;lIstruC'()nS 5 (a) Oescllphon of donated pope(1)' (if)'OU nMd more space, attach ;15t'pMall! statement; (bllf tilnO,blo P'oper1y,^,,,~ dONled.l)I\'a 11 bne' r.ummary Dr Iho OWf311 pfrfSlc.'\I condltion nll."'lC trmo of the gin (C)~p:3IstdfO)lr matll.et value A B C o 1~1 0.,. aoqwrod by donOr In\O, yr,) (.) How lICqUroo by dcnor (" [)ono(s cost or adj~lcd b.nis (g) FlY N'Oltin ,.'\It'S, enter 3111\~1lr:1 fKClIJt'<J . Soo In.trucllons (II) ArIlOUflt C131nlOQ Q) a <<I) A\'efflOO ltO\lhng Pfn.:e ('Il'ducbon 01 "ealh!,ef Taxpayer (Donor) Statement- List each item included in Part I above thai is separately identified in the appraiSllI as having a value of 5500 or less. See instructions. I declore lhot the rollcming ilem(s) included .n PO" I .bow has 10 the besl of my kncmtedg. Md IJcI,eI.n .pproised value cl not more \h.n SSOO (per ilem). En!eridcnlifying letlerfran Part I and describcthe specific item. See instruCllons, ~ SiqnolurQ of I;v;>.ycr (donor) ~ I Part III I Declaration of Appraiser I declaro Iholl am nolthe dooor.lhe donee. a party 10 \he Irans.chon in.m1Ch Ihe donor aCGUlled Iho property, employed by, er rel.led tQ any Qr Iho roregoing persons, or married 10 any person who is relalt'd 10 3ny of U'".o loregOlOg person. And. If rcgul.llly used by the donor. donee, or p3ny 10 tho t:ansaction. I pcrlormcd the majoflty 0( my apptaisal3 during my la.-: year for olher perSO-'l$. AI~o.1 dl'Claro that I hold myself 001 to the publk: as an appraIser or perrorm appraIsals on u regular basis; ond that because of my qualift:alions as described In Ihu appr.usal.1 am qualifted to make appraisals of the type or ptCY,JCrty bell'1g valued. I certify Iha: thD approisal fees wero t,,:)t basQd en a percentage of tho apprOllsed property value. Furthermore, I understand th6lt a raise or rraudutcol ovcrsl.,IClllCnt of llie property v;)!ue 6lS descfl~ In lho qualified .pprai~a1 or lhis appraisal summary may subject me 10 Uie penalty undCf section G70;(a) (aiding and abettlnD the understatement or Inxliability).1 aHitm thai I haw not been barred from presenting evidenco or teshmony by tho Director of Praclica, Sign I ~~ $lpMlull:t.... OU!OlIlCSS itddIes.s (iOclu..1rng loom ur SUllu no.) Ool.~ TII:I.~ 0,,:.. of apprnu...,1 .. Id.nl1tylng number City Of Iown, ~tale. and ZIP tOOo I Part IV I Donee Acknowledgment-To be completed by the charitable organization. This charilable organizalion acknowledges lhal il is a quabfied organization under section 170(c) and thai ~ received the dona!ed property as described in Seclion B, Part I, abo,e 011 (o.to) Furthermore, this organizolion affirms that in the event ~ sell~, exchanges, or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 2 yoars oller Ihe dale of rece'pl. it will file an Form 8282, Donee Information Relurn, w,lh Ihe IRS and give the donor a copy of thallorm. This ncknowledgmenl does not represent agreement wrth the claimed fair markel ualue. N:Il11e 01 c.hnnl3b1e O'ganl:.lbcn looneo) Employer Idt>nllhcalion numtJor ADoi'ess iOUOlllUI, street. aniJfOOln or SUI!eoo,) c.:y (if 11)\\',', slale:, and ZIP moo ~lled.~h"e L I llllt I ! ~ i , ," I l ' "~; '!. ~' EXPENSES: MONTHLY Home: Mortgage/Rent 730.50 Maintenance 50,00 Utilities: Electric 160.00 Gas -0- Oil 100.00 Telephone 25.00 Water/sewer/refuse 25.00 Furniture 25.00 Employment: Public transport -0- Lunch 100,00 Taxes: Real Estate 178,00 Personal Property 17.08 Personal Tax 26.25 Income Insurance: Homeowners 37.00 Automobile 85.00 Life 35.00 Accident Health 10 be provided Automobile: Payments Registration 3.00 Fuel 100.00 Repairs & Maintenance 120.00 EXPENSES: MONTHLY Medical: Doctor Dentist 5.00 5.00 3 Orthodontist 220.00 (Zack's braces) Medicine 5.00 Education: Private school 5.00 (CCD classes) Personal: Clothing 100.00 Food 400.00 Barber/hairdrcsser 5.00 .Crcdit paymcnts: Crcdit card 220.00 Loans: Credit Union 218.00 Miscellaneous: Household help Child care (summer only) 400.00 Papers/books/magazines 5,00 Entertainment 70.00 Pay television (cablc) 45.00 Vacation 50.00 Legal fces 60.00 Charitablc contributions 110,00 Alimony payments 480.00 Total Expenses: ~~,219.83 PROPERTY OWNED: See Inventory submitted with Pretrial Statement. 4 INSURANCE: Coveragc * Companv Policv No. H W C Health HealthAssurance 167404165 Husband/Child Accident: Disability Income Dcntal: Comp Life 167404265 Husband/Child *H=Husband; W=Wife; J=Joint; C=Child 5 Plaintiff proposes Ihat the marilal eslale be equally divided, $20,521.20 to eaeh party. Defendant would receive the $4,000 Irade-in value of the vehicle and $$16,521. 70 lump sum rolled over from Plaintirf's pension. DATE: 'I/;.o/ft Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 12:50 71 77302161; EAPODAMDEAPOD ,v ., .' ~lJ 'fi . PAGE 01 r. I~I ~ : (~ '. I. '"'i ...... ' . t' '" pTill !: I'" ~\ . . ': ~ ~: JII!I ... .~: ,. 0": ~ "~ ..."" I , ,', Miih ' , ., .... 'i-"I' , .. "~'I'1 I'. . ~:. ,.. \,. Iii ~ l!R tifi!~ ~.. ~~' !-r ! .. -T !-- ,.... . , , l: ,~ .., 'I ~~: .. ;J":') , 11: ' ~1 ~ .\ ~. ~ ; '. I'PR (Ie '9Eli;s'sP~1 B. 51.if"PL::-hU;"AlI "A !: ;. : f l" J' I . ,. : ; . 1 ;'~: .: 1 J J '.I " , .~ . :iJ- .1' ' ;.~, BARBili~~~ULLrJAN ;'! ...' . .'. '549 IIridp Street :r '. New C~laud. Pe1IIIIjlnllla 1707ti931 ;.4: " lHONE: ('1" 174-1445 ~ tj';:'1: r,: ~.u: (717) 714-7059 .I~: r. ::,' . ", ..a- ., .... _J(.~I{b'Armo,nt'l. E~Ulre.' ,,;. SENTV'lA~NtJMBER: t,30-2166 ~ ;:'H' j' '. ;'1 . ~~; ..J1 ~, .;.:., 1. "..: " its FROM: IrARA Sl.lMP, uu..1VA.1If, ESQUIllE DATE: (!; ./A/qe ~:,'._ TIME: ~. J1cill pr.~:trlJ' statement.' F ,1 ,f;" ;:f . , 1 " .I~;.; '\>l. .j;' l!f;. CO~/ Please adtise iJ YOU will 4C1u.lthat the Ine~._ and EXP;~IlI; statement;' :t:an bo forwarded 9<.1rJra tllly from tK\ .. '- . ~ ; ~ f ' . pre-Tri~1I1tatementl t:o:'~llow the lnclusi~e '997 t.f U:lingl. - i!f - l' 0 o om' . . I ~.LL1...v 1'n.L,,> Lur:! ~ 1l1t,..~J! l'" " \ra-"" . I :' ". ~... ~wiv H:: ~:. ~K' A. }' -., I ..., I 1 . ;, ,;i:i. . .. :'. ~ . NO. Of ~N1!S INCLUDINOtRANSMl'M'AL SHEET:!I -- . ORlGIN~~LL ____'In.L NOT L FOLLOW BJFlRSToCLASS ~L . J RE; r.' it. t\' ," J: it' 'I.~ ~L' . .-j.,,-' ~-: - INVENTORY OF JOHN J. KNOLL ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. [x] 1. [x] 2. [ ] 3. [ ] 4. [x] 5. [x] 6. [x] 7. [ ] 8. [ ] 9. [ ] 10. [ ] 11. [ ] 12. [ ] 13. [x] 14. [ ] 15. [ ] 16. [ ] 17. [x] 18. [ ] 19. [ ] 20. [ ] 21. [ ] 22. [ ] 23. [ ] 24. [x] 25. [ ] 26. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies [indicate face value, cash surrender value and current beneficiaries Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business [list all owners, including percentage of ownership and officer/director positions held by a party with company] Employment termination benefits - severance pay. worker's compensation claim/award Profit sharing plans Pension plans [indicate employee contribution and date plan vests] Retirement plans, Individual Retirement Accounts Disability payments Litigation claims [matured and unmatured] Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty [include as a total category and attach itemized list if distribution of such assets is in dispute] Other " Actual Pension Benefit calculation - Vested Termination Employee: John J Knoll Soc Sec Num: 167-40-4265 Termination date: 03/28/1997 Benefit commencement date: 11/01/2020 option Form of Benefit Retiree Spouse Elected Basic form $7,025,00 N/A 25% surviving spouse $7,025.00 $1,756.25 50% surviving spouse $6,683,75 $3,341.88 66 2/3% surviving spouse $6,474.10 $4,316.07 100% surviving spouse $6,091.93 $6,091. 93 Lump Sum $25,000.01 See attached form regarding election of a direct rollover. My signature indicates that I have of these options provided to me in Options for Married Employees." read and understood the explanation the memo entitled "Retirement Employee's signature: Date: spouse's signature: Date: Notary's signature: Date: Employee Savings Plan John Knoll August I, 1991 Option: 50% Fixed Income 50% Moncy Markct Total MIV : $9,850.08 Post40lK M/V Inc 2,749.47 Mkt 2,657.83 Post Co. Match Inc 1,251.19 Mkt 1,210.07 Pre Tier I Mkt 417.29 Pre Co. Match Mkt 1,564,23 Total MN 9,850.08 Prices Inc 8.5957 Mkt 2.1658 M/V = Market Value /Zj Ih. ~ . ~ . . w w 0 . ~ . . ~ 0 ~ w . , . . ~ . . 0 u 0 J ~ . 0 . 0 . w 0 . . > . " " - D. 0"" . ... D W 00 " ":~~ " . _0. ~ 0 " . OW" . ~ 0 0 " ."" " 0 . ~ 0 ~ 0 . 000 .. ,,~W 0"" . 0 ~ ..~. 0 ~ ~ .."W " . . .'- . U 0 .0. "W~ W W 0 00" . W . .~" " . . . - 0 . . X - 0 X . - - ~ . . . " 0 ~ 0 0 . " 0 - -- , . . 00< . <DO 0 U - 0 ~ -- 0 " - 0 . , "_0 ., D. ~ " . . 0 - U - 0 -- . 0 o. 0 . - - . . . 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C . . . . u 111?11Z1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW John J. Knoll, No. 97.2977 Plaintiff v. Linda L. Knoll, Defendant IN CUSTODY DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO PA. R.C.P. 1920.331bl In accordance with the directive of Divorce Master Elicker issued on March 18, 1998, Defendant, Linda L. Knoll, submits the following pre-trial statement. I. LIST OF ASSETS A. MARITAL ASSETS Prooenv Value Liens Appreciation in value unknown of marital residence 340 Hillside Drive New Cumberland, PA from date of marriage through date of separation Appreciation in value of unknown Husband's employee savings plan from date of marriage through date of separation Appreciation in value of unknown Husband's pension from date of marriage through date of separation Household furnishings $4,800 PNB Bank Appreciation in value of unknown Stocks & Bonds from date of marriage through date VII. PENSION OR RETIREMENT BENEFITS None VIII. CLAIM FOR COUNSEL FEES Amount of fee to be charged: $1,000.00 Basis for charge: representation in divorce action IX. DISPUTED TANGIBLE PERSONAL PROPERTY None. X. MARITAL DEBT PNB Bank $4,800.00 XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES The Defendant proposes that the economic issues be resolved by the parties dividing all marital property and debt equally. This can best be affected by dividing husband's retirement plans with a Qualified Domestic Relations Order and husband refinancing or selling his home to pay wife for her share of the increase in value of the residence. Cash from the refinancing could be used to satisfY the marital debt. Husband would receive all personalty in his possession except for Wife's crystal and Wife's wedding dress. Wife would receive the 1996 Ford Contour automobile. Husband would receive the 1988 Ford Aerostar and the Nissan Pulsar. Additionally, Wife reques:s permanent alimony in an appropriate amount. Wife cannot state an amount as she is informed that Husband's eamings have changed since the parties' support conference. Respectfully submitted, Keith B. DeArmond, Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 . . , . ~ ,..... WHEREAS, the parties have mutually cntcred into an agreement for the division of their jointly owned assets, the provision for thc liabilities they owe, and the provision for the resolution of their mutual diffcrences, after both have had full and ample opportunity to consult with attorneys of their respective choicc, the parties now wish to have that agreement reduced to writing. NOW THEREFORE, the parties hcreto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal represcntatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION It shall be lawful for Husband and Wife at all times hereaftcr to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from control, restraint, or interference, direct or indirect, by each other, Neither party shall molest the other or 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 of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and property ground, nor to prevent either party from defending such action which has been, may be or shall be instituted by the other party, or from making any just or property defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in party. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceabilily as to all or any part of this Agreement. .. M ,..... 2.2 The parties acknowledge that a Divorce action has becn filed in the Court of Common Pleas of Cumberland County, Pennsylvania at 97-2977. The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the filing of execution of this Agreement. 2.3 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decrce, judgment or order of scparation of divorce in any other state, county, or jurisdiction, cach of the partics to this Agrccment hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, and that nothing in any such decree, judgmcnt, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.4 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto, such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE 111 EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner that conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length ofthe marriage, the prior marriages of the parties, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and necds for each of the parties, the contribution of one party to cducation, training, or increased earning power of the other party, the opportunity of each party for future acquisition of capital assets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or othcr benefits, the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, iocluding the contribution ofa party as a homemaker, the value of the property set apart to each party, the standard of living of the parties established during their marriage, the economic circumstances of &- ZY " ~ f""I .' cach party, including federal, slate, and local tax ramifications, at the time of the division of the property is to become etTective. 3.2 The division of existing marital property is not intcndcd by thc partics to constitute in any way a sale or exchangc of assets. The division of property under this Agreement shall be in full satisfaction of all rights ofcquitablc distribution of the partics. 3.3 TaOl~ible Personal Prooertv. Husband and Wife acknowledge that they have divided their personal property to thcir mutual satisfaction including all fumiture, jewelry, automobiles and other tangible propcrty, except for the specific items listed below. Other than the property herein list cd, Husband waives all right, title, and interest in all personal property currently in the possession of Wife, and Wife waives all right, title, and interest in all personal property currently in the possession of Husband. 3,4 Motor Vehicles. Husband and Wife agree to transfer all right, title and interest in each of their respective automobiles. 3.5 PensionlBenefits. The parties agree that Wife shall receive a rollover in the amount of$25,OOO.OO from Husband's pension. ARTICLE IV DEBTS OF THE PARTIES 4.1 Husband and Wife shall remove each other from any joint accounts which include, but are not limited to, checking, savings, and retirement accounts, and each release the other from any obligations or claims on said accounts. ARTICLE V ALIMONY AND SUPPORT 5.1 r) ~ llw.~.II{!'!~ ~~tj,~e~~ ~;il ~g!ro~fv/p~;:;f1/JLc:/) 2f of spnll,'.' ~Ilpport. maintenance Alimony Penrlpntp , ;tu, .^.Iimeny, eedhsel fees er ~tE ~/d 117 rl'o.(;. l?1rn.J'-Atyt;U7JOI.'.:t '1 Jt;;?~.r tJ[J PI/?1t?;?~/2 '0 ;:'aY/7111i/ ,J:/'1ft.t.J. .('JI:... 1"10i:/Ji'i'f(..(#dSf,,-/ ,/J. *l~. . L a:/J..f?/-xt: ' tl/.l,~ J,./'tU(/.$... tlt~l'tlfr{X. A, t!".k/!;1,/112y , y CLtL "f.!.(J/),1 t1 Q -Ilill. L0 eli / L1/((I(,. .J.1f/J~l'i9 !f? 'f:JI7/JC'..c.. . ~J:{lt .J'fI.'1i 1.'.eqtLOILYIJ Jl:I{ J~.rlyJIJr;;t..I)J9PL;JlC(IJ.#.Ilj) &.. \L f)/ v . ~ ~/--3/Mrt' .s/;{.~ I7kJ,(L7C~j/ttY4/f~Jt 12~ tU~ (!Yl ~ or BRY ether paymrnt< nfa similar "atllrp to whiolHilH>F-She,tn-thiHlbsenoo of this.. AI>' ,,,",..t, ''';l)l.t b, 'hlitled by statute iRcluding risIttHfising-pursttllnHtHhe-9iYOl'ee' Gode of 1988 115 lImellded, g' dmilar law of anv iurisdictillIuvhiciHnlly-be1lpplieablll RQ'" 0, "tllllY future lime.. _ /1 / It. '1 oM. AJ~y-r -'{II /J?IJ.'7 .1.1., G~1.'IILtl?{.I,/2{'v D(A3( }Lt rl....L /S/T1drt7 /~ '/"/ ~'i /.ffA:;J ~'I< /' ((}o.# /5 /99f. ARTICLE VI (/'. MISCELLANEOllS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect are fully understood by the parties. The parties understand their legal rights and obligations. Wife has been represented in this matter by Keith B. DeArmond, Esq., of Camp Hill, Pennsylvania. Husband has been represented in this matter by Barbara Sumple-Sullivan, Esq. of New Cumberland, Pennsylvania. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel Fees. The parties agree that they will each be responsible for their respective costs and attorney fees associated with this action. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any ilOd 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, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liability of such other as 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 estate, whether arising under the laws of (a) Pennsylvania. (b) any state, commonwealth or territory ofthe United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result ofthe marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arisinB or which may arise under this Agreement or for -- ~ _ the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Release of Teslamentarv Claims. Except as provided for in this Agreement, each of the parties hereto shall have the rights to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the descendant had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Will under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party, may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate oaf the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 6.5 Warranties. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for thc 'obligations arising out of this Agreement. Husband and Wife each warrants, covenants, represents, and agrees that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that ncither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. "..~._---_.'-' .,' " ~ M 6.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full. disclosure of all assets prior to the execution of this Agreement. 6.14 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties of the other. The adequacy of the consideration for all agreements hereio contained and stipulated is confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined thrlJugh appropriate legal action that the alleged party has so breached the agreement the breaching party shall be responsible for any and all attorneys' fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. ~'~ hn 1. 11 . L{,u.~ to. /J'- vt: d.. -jfiL.P Cl'r!/I1JM. -1/ ;J 'J h c~ a e/c.>> f11.-& ~ cJ.l. ~_&LL'J"1o --/I-L ' {. J I' -;L d (.:l.71.4 v c? ..' , A /#-l~1/7t//t.. r f ( ..If '/JAa)r , ~ '7 fL.t, .....~ I J L. (),./i)'~I' / lev ~ (1.._:1 r--,-e.t!. - 1:" /.. /.AL'I /l'lllflh,jL </ ~~:I,,,t~ /l/!/J~ jd'/) tL- Zt,J..Ut.O L-",p'l ) .' (\ ,/ tl.(,.)?l..~ tL /7l 7 / r.' tl /1/7U... \;.~ C)//Uj LMnt/.L-/ltj ~ ;~, d..t("/~LL- ( '_..I} II? I-tI2. aN'lI'}U' ,./2.l..:1.['1 r "':x_ \ \ _,j \"A<~ Y N-'( /5' dt '-(- 1.7 - 'j'j ~ '! If IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Jan � - Vin on Plaintiff q'1_ O-) �'1 � 2 ` Q C� FILE NO. � �t 20 VS. IN DIVORCE c-� CZ rri CO Defendant te r- r r~I -<> ED NOTICE TO RESUME PRIOR SURNAME x -*- Notice is hereby given that the Plaintiff/Defendant in the above matter,:i0zing;p been granted a Final Decree in Divorce on the 2 Q'�kN day of hereby elects to resume the prior surname of C ChPAt1 , and gives this written notice pursuant to the provisio of 54 P.S. 704. DATE: t _ Signature S i �^-- Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA . : SS. COUNTY OF CUMBERLAND `. On the o�l day of ' IU* 20� 3, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public 0 lYly Gomrniagon Erin:tMFW Monday of Jtn.101� A,Za9Zis3