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Home My WebLink About97-03776 (~.\' ...,~ ,~1~i ':~~1 ' ,'",.;. '.~'Ii1' -.' ~-; '. '. '. I ""~-afi! .~J '1 III \0 ~ l' ~ 9 ~ ~ --. -:{ ;j .~~ ~~, :1 ~ - ; "" -',;.: '-.'" ':.' CJ --~,:... ~:I, . J \~~ -.) r-- (' ~ ~ . , *****~**************~*-~*~***~*~ ~, '-'~'-----''''---''''''~- ~-, _.....----~.._-------..-...- --- -~-.._-........~------..-----~-~..~ ......................-...-.--.-.--...- . ~-~. ....--------._.~~~-----~._-', .', '.'/ I~ ~( ~ ~I y ~; IN THE COURT OF COMMON PLEAS ~ 11 OF CUMBERLAND COUNTY I: ~l ~ ~i STATE OF PENNA. ",) ~ * * ~, ~ ~ * * ~ -"/ ~i '.'1 ~l ~ .', $ * * * ~ * $ * * * * ~ ... :0: ~. * * ~ I~' 1~~~ \"......~~...r Gerald G. Hughes, Jr, ;\ (). 97.-:3776.. ........ II) \'I'r.";lI.~ Ann E. Kroh-Hughes DECREE IN DIVORCE AND NOW, .." ,~,~ ..5Q......." 19 '1.8... it is ordered and decreed that ,~!,!,~<!-~!i, ,C;. , !l,~gl,1!!p", ,;J~,., ' , , , , , , ' , . , , . , . . ' . . , . " plaintiff, and ,~!1n ,1;:" ,~J;"o\1;-,~~g\1!'!,~"..,.."""",.".."".".".." defendant, are divorced from the bonds of matrimony. The court relains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ov9 ,. ,."., '...., ,.,..,."",.."., ...,.. ,.., ,.., ,........,., ,. .,., ,..... ,. '0, J """.""""""",."""/".."."..".",..,.,, n~[;',.~' Alle,t' /l . 1~" '')- " {at- c:.. .c ~:~ /;-I<<'~I~~ ~t141f'~~ J-~ W- I/ t7 Prothonotary " ~I g! :1'-- _... . . . . ...." . . . ' ,. ... ~~*****~,********* ~ ',' ~ '.' * ~ y ~ ~ * ~ l~ ~~ \ . (~ 1~ i~ '.' f /. 1~ I;; ) . )~ ('.' , , I~ i' !~ }'o' I. ii: I':' (~ ~~ )',' i~ " ,'~ j'.' i,., (~ i' I~ \ ' r,', '~ ;~ J. ~ S ,; '.' ~ ".' :~ .:.:- .:.:- .:.:. ,:.:- ':.:- .:.:- ':$:- .:+;. .:.:. .:.:- ':e:' .:+:' -:.:. l_) ~!, ,~ ~ K't":> ......... '- J ~ ...... ~ ~ "" "( "- ~,...., ~ "' 0... ~ ~~~~ -- 01 ~ ci :z: \) ~ '!:: :i 0( .J Z :J ti 0( ::J lI,I ~ :; !:! !1lii ~ It n. iii Z o :E " Z ~:J~~ ~Ulmci <(~Z 0::":5 <( II: m l&J 0:: CD <( ::IE m a ~ Z ~ .~ r, tl'. " l.,~\. ' [,. . (y~ , <. h~~." Ji'~.: t'. o ,-~ .,... Ie;. ,'- - '._!" <,) ",j";... ::-j 1"'" lr. c.... ::::~ ! _.,J -'} :l{iJ ~ u. ':i (.) r- 0" ~ .... , . . .... .; ~ 1'1 ell ~ Z 0 .. ~ 0 .. ~ J < >- a. t:: oJ Z IT, :l ti < ~~ lr. Ul ~ :5 ..- to '" ::'l..__ , 0: M '" 1II Iii >- UI~, {.)'-~ U oJ III LlC ;;: fh :r; ...) :.... n. '" z Lt. .' .. 0 z ~r. :.~ I :".j 0 :E 0 w c ,;c, ~ :l ii! II. l~. -. .... :', Ul " L.. N .1'/, ci iT.Gj <( co z r.: ~1 -' .. ::J l"1a... 0:: Il :s . ...: <( a: 'I.. f'- ::l m w 0 C'\ U 0:: 1lI <( ::f m :J U ~ Z -. - . . .,. .. .' . , . t:\d.l!.&\c1icn"'hu,het\.df,\\c GERALD G. HUGHES. JR.. IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plainliff v. NO: 11'11- t:.:;' 7 J(: CIVIL ACTION - LAW ANN E. KROH-HUGHES. Defendanl IN DIVORCE AFFIDA VIT OF SERVICE I. Barbara Sumple-Sullivan, Esquire. do hereby cenify Ihat I served a copy of the Complaint In Divorce in the above-captioned matter by United Slates Mail. RestTicted Delivery. Cenified No. P 425 986 239, Relurn Receipt Requesled. on the above-named Defendanl. Ann E, Kroh-Hughes. on July 18.1997. at Defendant's last known address: 28 W. Broadway. Red Lion. Pennsylvania. 17241. The original receipt and return receipt caTd arc attached hereto as Exhibit "A". Dated: July 22. 1997 /L / / / ~bara sumPle-sul:van, 549 Bridge Street New Cumberland. PA 17070-1931 (717)-774-1445 Supreme Coun ID #32317 e t;) :t, -C..J r, "';r , ~ i-, --. ,. '~ ,- ., ? .- , ,) (..::.~ ' .'-. ,-, ~:; - ,,) - ,~ .' ~jl -. --"n 0 ::-.~ i(i - ;,,).(, -- . :;) <.1 ~ . -J :ij , .' ~' ., ,-) , , -' ',t . - .~ . :':1 , '" Ie" ~:. ::J :i~) ..,. ,:') '0 -. ;1"11 :-J. ~'l "- ~ GERALD G. HUGHES, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 97 - 3776 CIVIL ANN E. KROH-HUGHES, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: WedneSday. April 8. 1998 THE MASTER: Present for the Plaintiff, Gerald G. Hughes, Jr.. is attorney Barbara Sumple-Sullivan, and present for the Defendant, Ann E. Kroh-Hughes, is attorney Edward R. LeCates. After discussion today, we determined that there are some issues arising out of an antenuptial agreement which the parties entered into on February 28, 1988. Previously in York County. Judge Brillhart entered an order with respect to the spousal support claim. The agreement does not specifically provide a waiver for alimony pendente lite. Also, there is a question as to how Paragraph 3.02 of the antenuptial agreement affects a piece of real estate which was sold by wife and which was located 15 Old Dominion Road, Wellsville. Pennsylvania. A hearing is scheduled in Cumberland County, Pennsylvania. for May 7. 1998, before Judge Bayley on husband's request to bifurcate the divorce proceedings. The Master is going to schedule a hearing to take testimony on the issues that have identified by the parties and counsel. The Master is going to ask each counsel to set forth the issues which he or she believe should be addressed either in this proceeding or in other proceedings which may be ancillary in the other divisions of the Domestic Relations Court. Mr. LeCates. MR. LeCATES: Neither the husband or wife are challenging the validity of the antenuptial agreement. The main issue raised by the husband is the real estate. It is our position that the real estate is the sole and separate property of wife. The deed is in her name only by terms of the antenuptial agreement. It is her property and she was free to dispose of it as she saw fit. Any proceeds from the sale of that house are her own proceeds in which the husband does not have any interest. Furthermore. when the property was, in fact, sold. wife received all of the proceeds, again, thereby indicating it was her property alone and that husband had no interest in the property. It is also the wife's position that during this divorce action here in Cumberland County, she is entitled to alimony pendente lite without any restriction to length of time. Another issue will be the date of separation, whether it was November 1994 or July of 1996 when wife had her automobile accident and the property was sold. MS. SUMPLE-SULLIVAN: Our position is that the marital asset for distribution is the real estate. We rely on Section 3.02 of the antenuptial agreement which indicates that the title of the property at the time that it was acquired during the marriage would be controlling. In this situation the parties jointly acquired it after their marriage in joint names. I also reference 3.04 that indicates that once it was. in fact, deemed to be marital property, 3.04 of the agreement says that (reading). "All marital property. regardless of the form in which title is held, shall be subject to a just and equitable distribution between the parties." So our position is that the real estate. once acquired jointly, even though it was transferred to sole names for its protection during what we will present as the prison riots, would still be joint marital property and would be distributable in equitable distribution under Section 3.04. Our position additionally is that in addition to proceeds and in making the determination of the division of the proceeds. that the Plaintiff is entitled to a credit for all monies that he paid on the debt while wife was in the home alone, that included payment of both the mortgage and the equity line. We also reserve the right to review the equity line to see whether or not nonmarital debts were, in fact, paid for with that equity line which have substantially reduced the net equity realized by the parties as a result of that. In regards to the issue of alimony pendente lite, it is our position that the antenuptial agreement, in fact. bars any recovery of alimony pendente lite, as support and maintenance of the parties was waived pursuant to the agreement, that the divorce should enter, and that the date of separation should be November of 1994 consistent with the date of separation found by the York County court. GERI\LD G. HUGHES, JR.. Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3776 CIVIL vs. CIVIL ACTION - LAW /INN E. KOOH-HUGHES, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Gerald G. Hughes, Jr. , Plaintiff Barbara Sumple-Sullivan , Counsel for Plaintiff Ann E. Kroh-Hughes , Defendant Edward R. LeCates , 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 28th day of July . 1998. 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. ',r~ rge' E: :offlr. President Judge Date of Order and Notice: 4/8/98 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. CUMBEIlLAND COUNTY BAil ASSOCIATION 2 I.I BEIlTY AVENUE CARl.ISLE. PA 17013 TEl,EI'1l0NE (717) 249-3166 .. . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tracl "0 Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 January 20, 1998 Barbara Sumple-Sullivan Attorney at Law 549 Bridge street New Cumberland, PA 17070 Edward R. LeCates, Esquire 11 East Market street Jrd Floor York, PA 17401 RE: Gerald A. Hughes, Jr. vs. Ann E. Kroh-Hughes No. 97 - J776 civil In Divorce Dear Ms. Sumple-Sullivan and Mr. LeCates: By order of Court of President Judge George E. Hoffer dated January 14, 1998, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on July 11, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and averring that the parties separated on November 14, 1994. On July 11, 1997, the Plaintiff filed an affidavit under Section JJ01(d) averring the date of separation; the Defendant on August 11, 1997, filed a response denying the date of separation averred by the Plaintiff and indicating that the parties separated on July 19, 1996. Inasmuch as we will be close to a two year separation using wife's date when this case is finally ready for hearing, I am going to proceed. If, however, the issue of the date of separation is relevant as to valuation of assets, please advise immediately and I will schedule a hearing for the purpose of establishing the date of separation so that subsequent valuations can be made using the date which I detetmine. If the date of separation is not specifically relevant to the valuation of assets, and since July 1998 will be a reasonable time when we can expect this case to be heard, I am going to proceed with the directive for the filing of pre-trial ~ '" Ol ~ ci z .- < 0 .- .> ~ ::i 0( G .J Z .,. "" :J ti 0( cr. _"1 Ul ~ < .. :'j~:r Ul W 0: 1-' i:'; .. Iii ~ ..--, (.)'-.; u lU.;:.;.. ..... ;;: .J Z c'fi =--= '-' ~-f n. .. .. " Z Go: -I ,,- ~",~J 0 ~ D ll.t: l&J '?C~ ,':;... ~ :J ii: D- C") ~fUJ Ul .. ci n" I":. .!: ~;: .. ~.):.~- < " z .-- (.,I'\j 0: " :) U.', ~, ; -;] ~7l- r ") ". < ~. a: IJ. "" --) m l&J 0 0' 0 0: m < :l: m :J u ~ z . ~ - .,.... ~ GERALD G. HUGHES, JR.. Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 97-3776 ANN E. KROH-HUGHES, Defendant CIVIL ACTION - LA \V IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DEFENDANT, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite ,(X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the c1aim(s) for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action personally by his attorney. Barbara Sumple. Sullivan, Esquire. (3) The Statutory grounds for divorce aTe irreconcilable differences. I 2 year separation. (4) The action is contested with respect to the following claims: equitable distribution, alimony, alimony pendente lite, counsel fees and costs. (5) The aclion does not involve complex issues of law or fact. (6) The hearing is expected to take 2 hours, Dated: 1;2-19 r I I arbara Sumple-Sullivan. Esquire Attorney for Plaintiff 549 Bridge Street New CumbeTland. PA 17070-1931 (717) 774-1445 SupTeme Court 1.0. No. 32317 (7) Additional infonnation. if any. relevant to the tIl I<C J.: o.J ~ Z C ~~I<C Of-H CJZZ PI<C... 0:> .... r>.CJo.J> c >.... PtIlCJ f-ZZ l>.I<CZID Po.Jl<l1' CI>:~1' CJl<l M l!: I l<lX I' :cO Cl'l f-CJ Zr>. "'0 >- <"I ~ ("': r.: " 0J hit::) }.... (..1;" - ; I';' , I..' ~.:.. 0' Ie - &J ., IT: I' c.~ . f~: :':J l~J ....: ,~ I'." r- . .J U 0' U I>: IJ - tIl l<l :c t!l P :c . t!l t:l o.J I<C I>: l<l t!l . o Z ~ UJ :> tIl l<l :c t!l P :c I :I: o I>: ::.: III I>:t:l l<l0 PCJ Z Pl<l CJ Of-I>: E-t.....O >> P::I<CH l&lt:lt:l :?:..... 1Ilr>.1Il Zr<.:I: <<E~ IIltllr<. - - 0 E-'r<. zr<.~ <Ht:l t:lf-~ ZZ.... l&lHO r<.I<CM l<lo.JM t:l~ltIl :3 ti ~ ~ u ~.. It: III ..J III 0 .J !c ti 0 0: t; p~ z <( 0 o ~ :I !!: It .. .. :r <( !c Ill" :: <( o III 111 :: . III Z Z < ~ ~ ~ ( ~~ <( !~ ,.; l e~ - '" 01 - Z 0 S ir. If) [;. ~ ... - ~ U; ";' ::i ~ ., S .J Z rJQ M p$ :>t;;~ i'i ~ U~r: i:1 U1"';J b.:i: 0- !~1:"1 W<<)o ~,. .,-::6; u .JliiUl 0 CO 0: n.",Z ro' ::'2 "- o..t? 0 :E"Z fern !! 1IJ ~~.- -Jl'1 C.? ll,JI. ~ :>11:0. ~ re.,. :.,. I JI u.. :5 UIlDci ~ ~ ::~ :' ~ u. r- ::"l o(~Z . 0 0' u a:"S 0( 0: m 1IJ a: m 0( ~ m :l u ~ Z . . ". .. . . . .. RECEIVED AUG I 3 i:97 .' , r4.~ .... "~ """ ......... z ~ n m c 3: )> lD :u (") 1.0 n lT1 m f:; -.l -.1 ;0 )> . _oj 5: :u "'T~ (, (,=: _'--M1J CO (I;;.: ,,..- ..li.'.' Z .. )> . .. !,':,' c'- ...in 0 Ul ~ -. ,? .. ~) " :0 C lii '..;() lT1 a ;,: 0 ~~I, P~~l " 'q z " ....Jl '1l " ~ J(") z '" " ..::,: ( , Ul !!I r ii c"' ~") ~:;"J '(j(fi -< :0 r;'1 III .,;."r.: -~ r '" Ul ~ "T' ;; :.n -, !:l c .oJ :'< z r ); r - <: " )> !3 z \> - 10 . . .' - GERALD G. HUGHES. JR.. PI:!intiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO: 17- 171(P (]-'~ ANN E. KROH-HUGHES. Defend:!nt CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the Sl:ltemems set forth in this Affidavit. you mll~: file a Counter-affidavit within TWENTY (20) DAYS after this affidavit has been 3erved on you or the statements will be admiued. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (0) OF THE DIVORCE CODE I. The parties to this action separated on or about November 1-1. 199-1. and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support. alimony. division of marital property. attorneys' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 49 TING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: lAh7 I I ,. ; . JR. i , , ~~""':"'-"-;';;":~"""~"""~+'''''-~-''.'''''''-'~""~"""-",~,,,,,,-,. - '- CI r~ (~ c ~ .~ t- o. ) - IIJt} -" C)~'. . n: ~: .:..:.. c:)~ C~):'. Ul.' ff\~ (,-, "'J '.<.~ .1,. 1:::- ~-;. ~E ,,'"- IJ,. 1- :J 0 0- (.) .4 .. .. . . . .. , ~ '." .' ~ l'l 01 ~ cI z S ~ ~ J ~ .J Z :J t; < Ul...~ UI I D:: >- tJ ~ Iii Ul ;;: n. ... z l!; )Z ~ ffi ~ :J 0: 0.. :5 Ul .. ci <~Z D:":S < 0:: m w D: m < :l: m a ~ z EXHIBIT" A" ~ -.J - ~ <'I ~~ r<) ~ C'- "- - :)- " t': ,.. "? .J i" ~ C1\ r lJ ~-, f~~' C" ~ (,'-I '00 1-. "0 I '1 ( ,; r" V Ct; LJ j ~ . 0 ':ll~ ~!' I,' I ',,j ~' ~d "'0.: ~ I'. ,- e. , C1' ~J t><.l.. III < l" ,.J 0 P Z III ~ ll: H ., :a .., ll: III " !( III 0 . III OE--I"! a: ~ :r: >. . I"! E-'ZE-' U ~ ~ a: :r:E-- III :r HE-- III ~ 0 Z OZ< I"! CI ll:<< ~ 9 '" UPH.... ... P I"! ~l:r: .J !( ~ ... '" oz..... CI :r :;:ll. . ~ .. >- I<.U<> p I u):I:~ 0: ... a: 0 Ul Z '" c :>.... :r :r ZOI"! 00: ~ ! z OI-1U III 0 <u:z It 0 :t Z [- Z >- . > ll: < ~ l- I- III ll:<lIllO CI ::.:: III III 0 Ul 0.. PI-1Z" - - :z ~ '" '" o~:c:,.... 0 ...1<.< 0 III a: - UI"!I"!M 1-1 I"! ZI<. llJ - 0 lD P. I ..: <HI"! >- ~S " It: Z OE--U Ol I"! :z :Z:Zll: E--U CI < I"!HO . 1<.<:> Zl&. 0 I"!,.JH "'0 :z 0ll.0 duties as a result of short terrn mernory loss which she attributed to the auto accident .1 and injuries. I ! case. I No expert opinion or medical support of this position was presented in the Most recently the Plaintiff has been working and living at a personal home care i facility attending to the elderly. She is paid 5200.00 per week and receives roorn and : board which has a designated value of 5825.00 per rnonth. In addition, she receives , Social Security Disability of 5833.00 per month for depression and Post-Concussive Syndrome. Plaintiff expressed her intention to discontinue this ernployment. She testified that she was dissatisfied with the work conditions and job duties. but expressed , her intention to becorne reemployed in short order. In conclusion. Wife has earned as high as 530,000.00 per year; agreed at the . time of the execution of the Agreernent that she had an earning capacity of 518.720.00 , per year; and rnost recently and since recovering from her accident, held jobs earning as high as 59.00 to 512.00 per hour. which reflect gross annual earnings of 518,720.00 to 524,960.00. Although concededly these recent jobs were short term, we are not . satisfied that the Plaintiff has carried her burden of establishing that she has physical lirnitations which restrict her employability. Her current employrnent and Social Security Disability Benefits approxirnate $2.500.00 gross per rnonth or 530,000.00 gross per year. We will hold the Plaintiff to an earning capacity of 520,000.00 gross per year . which reflects net monthly incorne of 51.291 ,67, We find nothing on the record before -.f- ~- t I f""'\ '" LAW OFFICES f'\ THIS IS A TRUE CORRECT COPY OF THE ORIGINAL '--\RBARA SUMPLE.SULLIVAN 1549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070.1931 PHONE (717)774.14415 FAX (717)774~70D9 'JJ../~ ~qB 7L ....'.. .<;,;t;:;,.'Mi'''''':;''~'~'-'' ,. ... . . . "( I t' , r ,....-. ~-;~:-~-..~ -::::-~- 't'Cr"";"'-~~--::"'.'I' 1"""'\ ASSETS OF PARTIES Plaintiff marks on the list below those items applieable to the case at bar and itemizes the assets on the following pages. [x] I. [x] 2, [ ] 3, [ ] 4. [ ] 5. [ ] 6. [ ] 7. [ ] 8, [ ] 9. [ ] 10. [ ] 11. [ ] 12. [ ] 13. [ ] 14. [ ] 15. [x] 16, [ ] 17. [] 18. [ ] 19. [x] 20. [x] 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 2 '-.. ""' PROPERTY TRANSFERRED Item Description Date of Consid. Person Number of ProDertv Transfer eration to Whom Transferred 1. Marital R/E 7/31/96 $164,000 James & Deborah Viani 25. Personalty Various 5 , EXHIBIT "B" r'", ,r-', In making that finding we find husband's recall to be specifically clear and credible, and wife's to be clouded. Clearly she was involved in a motor vehicle accident in early July of 1996 and has had a short-term memory loss, We conclude that her rendition of the facts from mid to late 1994 and the recitation of the facts over the intervening period are based primarily upon her clouded recall, supplemented by what she has been told by family members. We also note that although husband admits that he returned to the marital residence for three to four days in approximately February of 1996, it was for purposes of accommodating family needs surrounding the death of a member of wife's family and no effective reconciliation occurred at that time. We secondly find that husband has not carried his burden of establishing facts which would constitute a defense to wife's entitlement to spousal support from a liability standpoint. We conclude that although the parties had troubles and difficulties in their relationship for a number of years, that his withdrawal from the residence was initiated essentially for his own reasons and that he has not established entitlement to a divorce on fault basis as would be necessary to establish forfeiture of wife's entitlement to spousal support. With those two specific findings made, we conclude that there are other issues related to the effect of an antenuptial agreement entered between the parties February 28, 1988, as it affects entitlement to spousal support and earnings determinations for either actual earnings or earnings capacity of wife. We adopt the determinations of the conference officer in regards to husband's net monthly earnings of $2,344.63 and direct counsel to submit to the Court within two weeks after this date their specific requests for findings of fact and conclusions of law addressing the issues referenced. * * * cmm 1-14-98 2 '. ....;:,;': . 'I."~'" . ''s';'':t ,,:,'.;.;,.si . ~:'." :."i:. -.' ~",(it- , ~:':~~~-; .' ...._.~. ..(......~ . .~. ,..,oO;...>c_ ." ,':>..di'i~ : ., '." ~-:~~~:~~r .. .. :..~:.~~ ,-.' -'- ....... LEASE AGRF.EMENT THIS LEASE ACREEHENT. made this 9th day of November, 1994, by and between Barbara Sumple-Sullivan and Daniel L. Sullivan, hereinafter called "Landlord." and Gerald Hughe., hereinafter called "Tenant". The Landlord. do hereby lea.e unto Tenant and the Tenant doe. hereby lea.e from the Landlord. the apartment known a. Apartment No. 3 on the third (3rd) floor of the building known a. S49 Bridge Street, New Cumberland, Cumberland County, Penn.ylvania for the term of one (1) year, beginning with the 1.t day of December, 1994 and ending on the 30th day of November, 1995, the .um of Forty-two Hundred COLLARS (S4.200.00) to be paid in advance without demand and without deduction. of .et off. in equal in.tallment. of Three Hundred Fifty DOLLARS (S3S0.00) at the office of the Landlord., on or before the fifteenth (15th) day of each and every month of .aid term. 1. : LATE PAYMENT CHARGE: In the event that a monthly rental payment i. not received by the fifth (5th) day of the month, a late charge of ten percent (10\) of .uch payment .hall be due immediately a. additional rent. 2. USE OF APARTMENT: Tenant aqrees to use the apartment only as a personal residence. Tenant aqrees not to asslq" this Lease Agreement or sublet the apartment. Tenant aqrees not to remodel or make any structural chanqes or any alterations or additions of any nature, or install, erect or attach any fixtures, appliances or attachments to the apartment or to remove, exchange or replace fixtures or equipment of any nature in said apartment without Landlords' prior written con.ent. The apartment .hall not be occupied by any person other than those named in Tenant's application for lease. Tenant shall not u.e the apartment or permit the apartment to be used for any disorderly or unlawful purpose, or in any manner offensive to any other occupant of the building. 3. SECURITY DEPOSIT: Tenant .hall deposit with Landlord. the .um of one (1) month'. rent to be held by Landlords a. a .ecurity depo.it in accordance with the Penn.ylvania Landlord and Tenant Act. Upon the termination of the tenancy, the Landlord. may retain and apply, a. permitted under the Penn.ylvania Landlord Tenant Act, a. full or partial payment for any damage. to the apartment other than .uch a. may be caused by ordinary wear and tear, damage by fire or other casualty not occurring through the negligence of Tenant, his or her agents or .ervant.. The portion of .aid .ecurity depo.it not .0 obtained and applied .hall be refunded to the Tenant within thirty (30) day. after the termination date of the tenancy. Tenant .hall be required to provide Landlords, in wri ting, his or her new addre.. upon the termination of the tenancy. Nothing in this provi.ion .hall preclude the Landlord. from refu.ing to return the .ecurity deposi t or any portion thereof, including any unpaid interest thereon, for the nonpayment of rent or additional rent or any other charge or sum due under the terms of this lease or for breach of any term or ~ondition of this Lease Agreement. 4. DEIJl YS IN OCCUPANCY Tenant'. right to occupy the apartment is conditioned upon the apartment being in phy.ical condition .uitable for .uch occupancy or Landlords being able to secure possession of the apartment from the prior or existing Tenant, if any, by the commencement date of . .' .,.___.up'___'" .. ,..:....--,---.. . ........ " 1.04 Liability for Debts Incurred During Marriage. The Parties intend by this Agreement to establish the nature of all debts incurred by either Party during- marriage-'as either the individual separate liability of that Party or as a liability of the Parties jointly. 1.05 Property Rights on 'Termination of Marriage. The Parties enter into this Agreement and into marriage with the intention that their marriage shall endure until terminated by the death of one of them. However, the Parties recognize that due to circumstances unforeseen or unknown at this time the marriage may be terminated by divorce or permanent separation. Therefore, the Parties intend by this Agreement to establish their respective rights in all property in case the marriage is terminated by divorce or permanent separation. The Parties intend to set forth criteria by which property may be classified as separate property or as marital property, thereby establishing the scope of any equitable distribution of marital property pursuant to a divorce or permanent separation of the Parties. 1.06 Intent to Establish Suooort Rights on Termination. The Parties intend by this Agreement to determine the obligation of . each to support the other on divorce or permanent separation. ARTICLE II. 5 2.01 The Parties acknowledge the Esquire, (J1()f -2- - ---.-.--. 1_______u.4.... ... r ,.,.. ~ The Husband has chosen not to be represented by The Husband understands that he has the right to be r by counse 1. ~ 2.02 Disclosure of Property. Each Party to this Agreement has given the other a full and complete disclosure of the income, assets, and obligations of the' Party. A list of income, assets, and obligations of Husband is attached as Exhibit "A" and incorporated by reference. A list of the assets, income and : obligations of Wife is attached as Exhibit "e" and incorporated by reference. It is understood that the figures and amounts contained in Exhibit "A" and Exhibit "e" are approximately correct and not necessarily exact. Husband and Wife have known each other prior to marriage for approximatelY five months. The gross value of Husband's property is approximately ($ 15.000 ) fifteen thousand Dollars, not including household goods, clothing, and miscellaneous items, not exceeding twenty-five thousand (525,000) ($ 25,000) Dollars in total value. Husband's total indebtedness is approxima te ly 510,000 (ten thousand) . ,($ 10.000 ) Dollars, leaving an approximate net worth of thirty thousand ($ 30,000 ) Dollars. The gross value of Wife's p~operty is approximately ninty thousand ($.J 0.000 ) Dollars, not including household goods, -3- _. ....,......---- -..,..--.--...---..-.--..... " I I'""lI -) '"" .'- 3.02 Procerty Acquired Durinq Marriaqe. The full value of all property that either Party acquires during marriage by way of gift, devise, bequest, or descent shall be the separate property of that Party. Also, the full value of any property acquired during m~rriage by a Party tha~ is acquired with procees pursuant to any sale, other disposition, or change in form of separate property shall remain the separate property of that Party. All property acquired during the marriage that is held in joint na~s shall be considered joint marital property. All property acquired in !ndividual names during the marriage shall be considered separate property of that Party for all purposes including equitable distribution and estate purposes. The manner in which title is held shall be dispositive of the nature of the title, whether individual or joint. 3.03 Control of Seoarate Property. Each Party shall have the absolute and unrestricted right to manage, control, dispose of, or otherwise deal with his or her separate property free from any claim that may be made by the other Party by reason of their marriage, and with the same effect as if 'they had never been married. By this Agreement, each Party waives, dischargesl and releases all right, title, and interest in and to the separate property that the other Party now owns, or acquires after the , execution of this Agreement, or acquires from the proceeds of any separate property now owned. -5- ,', ~ ) ".... . . .. 3.04 Disoosition of Property on Terminat:~,l of Marriaqe. If the marriage should terminate in the divorce or permanent separation of the Parties, and without regard to the fa~lt of either Party in causing the termination, all property as set forth in Exhibits "A" and "B" to this Agreement, and all separate property as set forth in Paragraphs 3.01 and 3.02 of this Agreement, shall remain the separate property of the respective Parties. Neither shall claim or have any right to compel the equitable distribution of any separate property of the other. ~ All marital property, regardless of the form in which title is held, shall be subject to a just and equitable distribution between the Parties. ARTICLE IV. SUPPORT AGREEMENTS 4.01 Suooort of Parties on Termination of Marriaqe. If the marriage should terminate in the divorce or permanent separation of the Parties for any reasons without regard to the fault of either Party in causing the termination, each Party waives, releases and completely discharges the other Party from the payment of all obligation to make alimony payments regardless of financial status of the Party at the time the claim is made. The Parties, however, do not waive their right to receive spousal support for a maximum period of three (3) years after the time of , separation, so long as the Parties 'are legally eligible for support in accordance with the legal principles tpen in effect. -6- r..."..."....':.-.... I " ........ - .~---- ... ~ ,,_. The amount of payment paid by either Party to the other shall be the amount agreed to by the Parties at the time. In the absence of such an agreement, the required payment if any shall be the amount ordered by a court of competent jurisdiction in accordance with the formulae and legal principles governing the amount of support payments then in effect. 4.02 Duration of Support Obliqation. The support obligation of each Party shall continue until payee spouse dies, remarries, or cohabits with a persor. of the opposite sex, or divorce is '. granted. Under no c~rcumstances shall the payments be received for a greater period than the three year period previously stipulated. 4.03. Support and Maintenance of Children. Rusband and Wife are only obligated to pay for the support of the children of their own marriage. A Party is responsible to make support payments for the children of prior marriage as set forth in Paragraph 2.03. ARTICLE V. DEBTS AND OBLIGATIONS 5.01 Premarital Debts. Neither Party to this Agreement shall be responsible for any debts incurred by the other Party before the time of the signing of this Agreement. Any such debt shall remain the sole and separate obligation of the Party who incurred the debt. The premarital debts of Rusband are set forth in Exhibit "A" to this Agreement: the premarital debts of Wife are set forth in Exhibit "B" to this Agreement. -7- ."" ..:-...:--_:..__...._.__._1. ,..._ ____.h' . ..._ ... _..... _. ..J \... .. " ,--" I 5.02 Debts Incurred Durinq Marriaqe. All debts and obligations incurred by the parties jointly during marriage shall be considered to be the obligation of the_Parties jointly...--All.. .... debts incurred individually shall be solely the responsibility of the incurring Party. 5.03 Dispositions of Debts in Case of Divorce. If the marriage of the Parties ends in divorce or permanent separation, all premarital debts of the Parties as set forth in Exhibit 'A~ , and "B" to this Agreement shall remain the sole responsibility of the Party who incurred the debt. ARTICLE VI. RIGHTS OF INHERITANCE 6.01 Required Testamentary Disoosition. Husband and Wife agree that on or prior to marriage he or she will execute a Will whi~h will include a bequest of the residential real estate owned at the time of death and a one-third (1/3) share of the remainder of the net estate after deducting all allowed claims and costs of administration to the other Party. Although this provision requires that each spouse make a specific testimentary disposition, the provision itself is not a testatmentary disposition, and this Agreement is not intended as a Will. This provision shall remain valid and enforceable against the estate of either spouse regardless of the contents of any present or future Will or COdibil that either Spouse may execute. -8- "'""' ,.... . . . . I .... 6.02 Waiver of Inheritance Rights. Except as provided in Paragraph 6.01, each Party waives and renounces any right to inherit from the other, whether under the laws of ..intestacy, or pursuant to any other statute or rule of law. These mutual waivers include, but are not limited to, the right to take an , el~ctive share against the Will or the other Party's estate in accordance with Pennsylvania Consolidated Statutes, Title 20, Section 2207 or any similar statute then in force. Nothing in '. . . this Paragraph shall affect the validity of any bequest, devise, or other testamentary provision that one Party may make voluntarily in his or her Will in favor of the other Party. ARTICLE VII. OPERATION AND INTERPRETATION 7.01 Agreement Conditioned on Marriaae. This Agree~ent is entered into assuming that the Parties are to be married, and its effectiveness is expressly conditioned on the marriage bet'Jleen the Parties actually taking place. If, for any reason, the marriage does not occur, this Agreement shall be of no force or effect. 7.02 Mutual Releases and Indemnity. Each Party agrees to indemnify and hold the other harmless from any liability to third persons that may arise against either Party or against the Parties jointly as an incidence of the marital relationship for '. which the nonliability of the other Party is established by this Agreement. -9- .. .. . .' r'""\ , ,-. '. 7.03 Aqreement to Join in Execution of Other Instruments. The Parties agree that each shall willingly, at the r~quest of the other, or of his or her' successoc-"or"assignee, execute, deliver, and properly acknowledge whatever additional instruments may be required to carry out this Agreement. Each shall execute, , deliver and properly acknowledge any deeds or other documents so that good and marketable title to any separate property may be conveyed by one Party free from any claim of the other Party. 7.04 Duty to Support Children of this Marriage. Nothing contained in this Agreement shall be construed as absolving either Party of his or her legal duty to support any minor children of this marriage and to provide them with an educaiton suitable to that Party's circumstances. 7.05 Entiretv. This Agreement contains the entire .. understanding of the Parties, and no representations or promis~s have been made except as contained in this Agreement. 7.06 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of ~he provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 7.07 No Limitation of Inter Vivos Transfers. Nothing in , this Agreement shall affect the right of either Party voluntarily to tranfer real or personal property to the other Party with or without consideration, or the right of eith~r Party to receive -10- (,. . A. Settlement statement U.I. Oer.rt..nt of ~ou.ln9 and U~b.n Dlv.lopalnt OHa "D. 250).0)" D. Typ. of Lo.n 1.0 'M 2.0 ,.... ,.!XI Conv. Unln.. I. Pi'" '''Iaber 1. Lo.n "ullbu e.o VA "0 COhY. In'. L-164 0508587619 I. "orl919' In.. c..~ "u.~r c. Thl. fo~ i. turni.hed .. . .tet...nt of Iclual ..ttl'..nt COlt.. AMount. paid to and by the ..tll...nt 191nt ar. .hown. It... ..rked (poo.c) w.r. paid out.id, the clolln9' th.y ar. .hown for lnlor..tlon.l purpa... end .r. not included In lot,ll. D. tI.... and Addr... of 8orrovlr James R. Viani Deborah G. Viani I. ",.. end Addr..' of ..11.r Ann Kroh-lIughes r. H.-. and Addr... of Lender Mellon Bank, N.A. 6400 Flank Drive Suite 300 lIarrisburg, PA 17112 o. ProperLy t.ocaUon R, ..,,,...n' ".on' Francis M. Socha, Esquire 15 Old Dominion Road Wellsville, PA 17365 Warrington Township York County ,llcI of ,.tll...nt I. s,ttl..,n\ Dat. 2201 North Second Street Harrisburg, PA 17110 07/31/96 5,121.21 K. IUKHARY or IILLIR.B TRANSACTIO", 400. QI\OSI AHQutrr 0\11 TO SELLIR COl. cont~.ct ..1.. pric. C02. '.r.on.l p~ope~tr 403. 40C. 405. 114,000.00 J. SUKKAJ\Y or 80IUl.OWlR'. 1"RANDACTION' 100. CROSS Moun DUI rROM &oMonR 101. Contr.ct ..1.. prlc. 102. '.~.on.l p~op.~tr 10). Cettle..nt ch.rg.. to bo~~ow.r(lln. 1400) 10C. 105. lU,OOO.OO 107. County tax.. 101. A....."'.nt. 07/]11" to 12/U/" 07/]1/" to 0'/J0/t7 171.88 l,nO.72 Ad,u.t..nt. fo~ It... p.id by ..ll.~ In .dv.nc. 40'. City/town t.... to 407. county t.... 07131/" to U/]I/" 171." 401. A.......nh 01131/" to OCI30/t7 l,nO.72 40.. 410. 411. el2 10C. Ad'u.t~ant. for it.., city/town t.x.. p.ld by ..llar In adv.nc. ,. 10'4 110. Ill. 112 ~05. 111,11].81 no. CROCB A,HOtnrr bUl '1'0 RlLLER U5,au.U 500. R.1.DUCT10NS 1ft AMOUNT DUI TO SELLER 501. a.c... depo.ll(.e. In.tructlonl) 115,000.00 502. Settlement chargea to a.lle~Clinl 1400) 28,'14.15 503. Ixi,tlng 10an(l) tlk.n .ubJect to 504. "yoff of flrlt ~ort9A91 lOin 4&,5".75 505. PayoU Df a.cond mortglge lo~n 15,220.12 -- 50'. 120. CROfil ,,"oun DUI rRoM 80RAOWER 200. -'HOtmTS PAID BY OR IN BERALP' or BORROWER 201. Depollt or I.rn..t $on.y 2024 P~lnclp.l amount of new 101nCI) 20)4 Exi,tlng 10In(l) taken lubject to 204. 20~. ,',:. -.: ---. 208. 20'. ':i07. 508. SOt. Ad'u,tnent. for -- _~.l ::__~!..t_~/t(JWn t.... I ~'..,. "1. ~...:'~~___. itelll, unp.id by aelllr :: . .......r AdJuatlllentl for It~m. .... --- I :;J~.:.~~.y/to"~~a~!._ ,.."..-t-.'JI."",=r:l. unpAid by ..ller ,. ----_..~_. " I:. , .~ . l ._n__ ~ .-1 -- ~.. 215.. -., L I ".. '._.M~1..5. -} 220. TOTAL '1\10 fIT/rOR 8ORROW1Ut 115,1)00.00 ~20. TOT~L RIDUCTtO~ AHOUnT bUl SILLlR 152,C01.02 300. CASH AT SItt1.1UtlNT n,OH/TO BORllOWlR '00. CUR AT BITrLItKatcT TO/rAOK CELLaR J01. Gra., ~aunt dua traN borrow.rllln. 120) 171,lIJ.ll '01. Croa. I.ount due to I.ll.r(lln. 420) lU,'U.Ca 3024 ~aa Imount paid by/for bo~rovlrClina 220) 115,000.00 '02. te.. raductlon ..aunt dua .allar<<llna "OJ C U2,401.02 101. CMRd!) '.0"110 TO} 1I0RROW'IR 5&,111.11 '03. CADR( I TOI C 0 'RO") 81lLL1lR n,tu." Tha Infe~'tien rentalned In IIlock. I, 0, R and t Ind an I1na COllar, It Itna COIl. '~.t.rhk'd, lin.. 403 .nd 40C) h i.portent tn lnfo.-..tlon and 1. baln, furnhhed to the Internal 1II.....n\l. ..rvlcl. If ,au are equlrad to rIle. r.turn, I negll,anca panalty or other a.netlon will b. I_po.ad on you If thl_ It.. 1_ raquir.d to be r.ported nd the IAS d.ternlna. that It hi' net b.an rapqftad. l~ 1 11M-r1.p.HlJrr 6TATP.Hr.NT o l'''''I,"tar """,It-.. anll rnnaultenh 1.103...,.0.00 ~ ~. EXHIBIT "e" ,/. ,"0'- '. /.~"-" ,.' ....... :..~~'.!"" '""' ~.. ~-~ ~~,,--;---.',~:..-, . -. -. ~._., _.-- .' .--.'''. .. . '.' '1~.,::,,',:,-~:-,;-~:.','''.''''''l"_M . ......... ..:";".t:~: ,'. 4_'.' , ..... .~. IliI 'l'Hll COtm'l' Oli' CClCION PLEAS, . 'iORX COllN'l"l;~ PRNNS'tLVl\jlIA ., . tJpJtJ '~. Kroh' '149);itl5"-" ";':v~':",7-&,f.~--riJ-* -:J;};;;!hP<-' ,:::'".,,=. tlRO No, (p~IJ)-1 Docket No. OJ5:~ S4 191'7"Otl1er Ref. No, INCOHE AUt! EXPENSE STATXW2NT Oli' (,~r(,.. Id G. 1~4 hto", ;.dc1:tepo: .jJ>J4 &,..t.u",J../A.- ~ (J.t--p JJdf f//1 ./70 If AttOr:1ey i3tJ.,bu-.<. JVHj1/t'-j)j;-A-,- ._......-...._._~------_.__..-_._-_..-....-...._-_._._...........----....--........---.--- '-, ..-., --... " .,.. . ....--- ':.?~~~ '~~'.~~_:~ .~:..;;;'." .: phone SBC'l'ION I I INe'''''"'' AND nlSllIlANCB INVORMl\TIOt! mS'l'ROO'IORS I '1'BIS SIlC'l'IOR WST B8 iOLLY CCIilI1LB'1'lm. Ii' YOU. Allll NOT PllBSIllIl'l'LY ]lIJIl'I.OYBD, '1'HB llldli'ID'lllR molOO\TICIf 8ROtlUl IUlVLBC'l' lUIRR1llGS INllOllllll\TION l'ROI{ YOOR IASor JOB. ,l , , INCOMll :' & " f?t. current cr ust KlIIPleyer: i1thx- J"'" /J. payrell Add:eeB: . op'osltici lIeld: How Paid: (CIRCl.E ONS) If last job: Data le~t Grooe pay Ole:.; pe:.;icd: Itomized Payroll tleducticna: Fede:.;al witrJlolding Social security (& Medicarel Locd lI11ga Tax Btate Income Tax ~dAtory Retiremant Health Icaurance Other (specify) RAte ot ~ay/F:.;equency' WeeklY/c1weekly/mcnthly/eemi'mcnthlYlot~er job Reaooc fc:.; leaving J $ $ (Required mini:num t _l Nac Pay per Pay pedod _.-..._-~........-------_.-----_.__..-.._--..-._----_.-.............---. O'l'l!1!R INCOME I w!e)c; ~ IAc: PlloPllRTY OWNBD: oowe:rship I (Fill n epp:.;opr1ate column) Deac:ription ~OB H W J nte:reat Checking ACots, $ tlividends Savings Aects. $- Psnaion C:redit lll1ion $- Annuity Stecks/Benda $- Social security Real Batate $::::: Rente BuainellP $ Ene~loyment Ccmp, $::::: nO:.;.....,snl a COlI\". . IRA ... v_ llLcny (rec'd) , _ TO'I'J\L $- ~J 'l'OTJ\L . INSURANC~ (;~~;;i~g-d~~;~d~~~~'i~'thi;'~;~;i;"'-""-""-"'"..-............ -Coverage .. Company alld claime Add:'eea Group II policy # H W C l!ospital Blue Cross ethe:.; Medical Blue Shield ether l!calth(Acddent Dioabhty Dental C'I'HSR Yll-Huecand, WaWifel J_Joint/ c=Child -............--...- I verify that th;';t;t;;~t;'~d~'i~-~hi;'i~~~~';;d'B;P;~;;'s~~~;~;~t';;;-t~;'~d'-""'- cporrect. I ~de:';Pt~~d that falae ptlltemento hersin are made pubject to pecalties of 18 A,C,S, SDct~en 4904 relating te unsworn falaifaction to authorities. o,.,..".....--....,~ DATI! nC"TCfl q '1 1~,5 . ,"':::';;,'::C,-_'.,:., .. RlIC..ON III :~nl:llilD'AUJl'COMK :!iT}. ~ ..... ':.' '.' ,-.:~"....' .... :,:~: . ,_.. .. ._. _ . .:-: . _.0__'___. ....u._' 0' -..- "_D'f~~:...ClR8: : "IV' 100 J\lllZ SKLV.'JlKiturtmi OR III 100 1\IUI IIllLARIBD !IT A BOSnmss OF WHICI! yea :-::' . _ AAB O1lJIIlR I1f llI10LB OR IN PAR'l', -Yoo IIIlIlt jUJlO IIILL oar TlUB SBCTIOR. .:''':::':0=::,.'''-'='':.::";., ~ ::':.,-.:' '-;':.: . ,""!__' ..;.,~' ...I'..I......:;:...-...:....I.....a:.:...':":"::'...4. .........;::..:-...:.:.:~...:.:..-.;....... ,--- A. "'l'hii tond.s 'to HUed out by a penon' (chaokona) I. . -, ... y:;.~ ,',0::;,' . :.....:.. "\11 who ~Ir~tes a bupinlsl or practiCO" ~ pro~uDaion, or' ,.. _ ~ who h II IIIll11bar ot a patenarehip or joint ventt1n, or . . _ 3 who il a lhareholder in and ie lalarled bY II clOIOd corporation or similar entity i7 Attach to thia atatoment a copy at tho ~o~lowlng documontl relating to tho parcnerahip, joint ventura, bulinaeo, protellion, corporation or limll&r entity: 11\ the molt racent Paderal InCDmU Tax Return, AND (2 the mOlt recant Protit and ~an Statumlnt, C. Nama ot BUlineaa JlddroPl ., ~:.~~~r=,;:. ~- ,.. . .'-.;' -=-=-;~---:...' . .~ ;;':~"~ -.: .: -,~.~;:1~;;~i~:;~::.:.:...!.:~ .:::-.::-....- " - - , , ...: Tolephone Numbor D, NatUrl ot BUlineal (chack anal \11 p&rtnlnhip 21 Joint Vantura J Protusion ~ Cloaed corporation (51 otbor i7 Name at accountant, controller or othar perpan in chargo of financial recordq:' V. Annual Incernl tram buaineaal 11) How otton ia incema raceived? ~J Gra.a lnccma par PlY period a (3) Rlt incoml per pay perioda (~) speciUed diSductionn, H any: . ...........................a...................................------.........---.-...-..-. SRCTION III: ISCPllNBRB J.,:U::1 ,uu.,n...... ICft8 : 1. CDlLY IlllC1f 1IX'1'lU\OtlD:ml\lU ItO'IlRSJlS m 'naB IIBCl'IC!l, tJIlLlIBS ~. APPLIllS 'I'O YOO. ~. Il' TOC AIlll RlIQOl1I1'1'IW Bl'OtlllAL IItl'Pl'OR1' /JIPL OR II1 YOtl ABSaR'r yam CASK a.mrar BE Illl'l"lllMOll>t J\CCORDUlG '1'0 '1'lIII GOIIlIlLDl1l GRIDS OR voRllllt.A, TIllS SllCTION lltlS'r BB YtlLLY COMPLBTllll. Number ot peraen. In hou..hold _____ and agal of uame HOMS ,.- Mortgalle/:(ID~ \!lAlnten&rtca I r"," OtUltlaa Blactric au all 'rahpllcne lIatar Savor I r,.I't:." BblPLOnmN'l' Public tran.portation Lunch TAXllS Raal altAte pernanal proparty IncCllle INSUlWlCl IlCll1eovnara Autcrnoblle LHo Accidlnt Ilualth Other JUlTOMOlI ILK Paymentl Fuel ~alr8/malntanancl MiDI Doctor DontiPt ('~cr Ml...l '..Ll') Orthoclontht lloepit1l1 Medicino Therapy Splclal Needa (olaaaaa, brae"a. orthopedic 'J dav!. con, nte;. J I" "rjl~J,,1 IU,..IN.. /111,...'t'/M~t6 TOTAl. IIxVlllHll!l ' ~~y ~~:~ .3 z. .,- I.... ~~y ~~~NSES f Ch~ldren 'I:;" BDOc:ATION pri voto achoo1 Parochial ac:haol Collage ' . Raligioua PSRSOwu. ' Clothing '?1f=O Focd/arcce:iesl"1"3.t..- Ba:ber/h41rdreose: '. Credit payments Cradit card Chargo account Memborehips LOANS crod! t onion A~(.v. _,tJ y'd /..,- ,.) l.Jfl{).~~1 ~ro KISCBLLANllOOS Housshold help child care papora/bks./mags, SntertainmaDt Pay TV Vacaticn Gifts Legal Fooo Cha:itablB conerib. Other child BUPPOrt Alimony paYl\\ont:e O1'lIllR (~/ a:;d() .:i~:S~ ..~J . t7J .:I1! I.J ~I) S~ ~-r, I'7f ! ~%:;;'5 " ... I"" ....... ,- ..........,,, ~,., ...,nnthlv is ".3451 EOWARO R LECATES AT10"'"('I' AT LAW 'JO"" PAI1.m . during or after the marriage is governed by the Antenuptial Agreement, dated February 28, 1988, a copy of which is attached hereto. A copy of the Defendant's Inventory and Appraisement is attached hereto and incorporated herein. 3. EXPERT WITNESSES None 4 . WITNESSES The Defendant intends on calling herself as a witness. The Defendant may also call her daughter, Amy Kroh, who resides at 10 East Main Boulevard, Timonium, Maryland 21093, to testify that she acted pursuant to a Power of Attorney in selling the property at 15 Old Dominion Road when the Defendant was first hospitalized in July 1996. Furthermore, the daughter may be called upon to testify as to the periods of time during which the Plaintiff and the Defendant lived together and when separated. 5. EXHIBITS The Defendant will anticipate offering into evidence the deed to the premises at 15 Old Dominion Road when it was acquired jointly by the parties and when it was, subsequently, put into the Wife's name only and the deed by which the Wife transferred her interest to a third party. She also will offer into evidence the unrecorded sales agreement reflecting her then equitable ownership of the premises at 154 West Jackson street in the City of York. She will also submit into evidence the Settlement Statement, dated July 31, 1996, in which the Wife, Ann E. Kroh-Hughes, transferred the property at 15 Old Dominion Road. A copy of that is attached. 6. INCOME The Wife is not presently employed. While living at the Axe Personal Care Horne, in Red Lion, Pennsylvania, she was employed for a period time when she earned $4,200.00. A copy of the 1997 Wage and Tax Statement is attached hereto as is also a copy of her unemployment benefits that she received from the Commonwealth of pennsyl vania, Department of Labor of Industry. Also, she is currently receiving the sum of $833.00 per month Social Security Disability. The Wife has not yet filed her tax return for the tax year 1997. 7. INCOME AND EXPENSE STATEMENT Attached hereto is the Wife's Income and Expense Statement. EOWARO R LECATES AnOA"'[, At LAW 'l'OAIt ~AI7.Ol 8. PENSION AND RETIREMENT BENEFITS The Husband does have a pension plan with the Commonwealth of Pennsylvania through his employment with the Department of Corrections. The nature of that property, again, is controlled by the Antenuptial Agreement, dated February 28, 1998. 9. COUNSEL FEES The Wife in her counterclaim has filed a claim for counsel fees. The hourly rate of the undersigned is $85.00 per hour office time and $95.00 per hour court time. The basis for the charge is the representation of the Wife in the divorce action brought by the Husband. A detailed itemization of the services rendered will be supplied to the master at the time of any hearings before a master. 10. TANGIBLE PERSONAL PROPERTY The parties have heretofore divided up their personal property to their mutual satisfaction. Therefore, no claim is made for any personal property in the possession of the Husband. Furthermore, the ownership of all personal property would be governed by the terms of the Antenuptial Agreement, dated February 28, 1988. 11. MARITAL DEBTS Presently, there are no outstanding marital debts. During the marriage, when the property at 15 Old Dominion Road was in joint names, the parties took out a second mortgage which was used to payoff the debts that were previously in the name of the Husband only and the Wife only. The second mortgage was paid in full when the house was sold by the Wife on July 31, 1996. At the time the house was sold, the house was solely the property of the Wife. She received all the proceeds from the sale of the house. Again, whether or not the Wife is entitled to any reimbursement for paying off the Husband's debts by virtue of paying off the second mortgage when the house was sold may be subject to Article V _ Debts and Obligations of the Antenuptial Agreement, dated February 28, 1988. The second mortgage was with York Federal Savings and Loan Association, 101 South George Street, York, Pennsylvania. The undersigned will attempt to obtain copies of the mortgage and various papers completed in connection with it if it is necessary to a resolution of the debts of the Husband and Wife that were paid off by the taking out of a second mortgage. 12. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES The Wife would be willing to settle the above-captioned matter on the basis that the Husband pay the sum of $75.00 per week for a period of three years as Spousal Support/Alimony Pendente Lite. It is noted under Article IV that both parties waive their right to receive alimony regardless of their financial status. No .-.....----.---- - ......,_........ .--....---.-. --,.--'"-~-- . . .........'. . , _.' ....... ...__4...... ,. ~J JVy S, ',3litl, cf\l ~'" 3~t III T'd 1 (. (.1,/'(1 \'/,Gt U 15\ " ......1. Oqq 0 NO. .'4 IDrCll W:~i~ OZH02 M.d. .h, ".l-rL"- ~U~ In ,h. r... d., of on. .ho"lOnd nln, hundrrd .nd .IRhty-oIRht (I~R8) f.-:- Oll...n rAUI. E. VnUfntMl, ,IIIRI. mnn, GRANTOR, -MIO- i{/ -l Gorald G. lIuqho!l and Warrinqton Town!lhip, linn J<roh-lIuqhos, husband nnl1 wif.e, of. York County, pennnylvania, I1ranteell WIIII"...h, .h.. In .on.ld....;.n.f OllE IIUlIOREO TIIIRTY-EIGIIT Tllm'~MIO AlIO No'lflp,- In I lnd-;;id~~h;~~;;;r;~h~;,-;'T;;-h.;;b'-;~kl~~~l~~~.d~~j,;;;irG~'-nl;;----------J';;;--- ~ol "', her " ,rant and canvlY to the utd Grantus, 'thelr h(dr! Rnd It!lslfl'''1 ALL TII^T CERT^IN trnet 01 Innd, Bltllnto tn tho Tow..hlp 01 \/n. rlnston, Coullty 01 York, nnd Commonwrnlth 01 rrnn.ylvonln, kno"n n. Lot (; I" . l'I."onurvry mndo by 1I0rbort 11. Frrrd, RrgtHorrd Survryor, ,IHod Ooermhrr 11, t97S, nnd roeordod tn tho Ollter 01 tho Rreordor 01 Orrd. In nnd Inr York County, Ponnoyl- vnntn, on Horch 23, IQ76, In rlnn Do ok Y, pngo 5'9, A' Inlln"., to wttl BEGINNING nt A potnt whrro tho .Aotrrn rlght-ol-"AY Itno 01 LORtAlnttvo Routo 6603'., Rho known nft "1t:armony Clove nond" , Inte!rse!cts \11th the! northern rlFtht- ol-".y Ilno 01 old Onmlnton Roo,l\ thrlleo nlong tho norhtrrn rlRht-ol-w;.y 11"0 of Old Oomtnlon Rond, Unrth 4q drRr('f'!', '.6 minutes, 08 ""conds En!'t 2SR,03 lort to n potnt! thoner ntoug tho Bnll,r by n eurVo to tho Irlt, tho rndlu. 01 "hleh tB 25.00 I..t, nn arc dlHnne. 01 2t.Ol loot to A point! thrneo nlonR the R~m~ by n curve to tl,,, rl~ltt, tlte rn,1(u~ of ~h.rl, I" SO.OO [('et, a dlltAnc~ o( 4~.41 I.ot to A potnt nt Lot 0 In thr nloromontlon.d Ptnnl thoneo nlonR Lot D tlorth 31 drRrrrft, 68 ~lnut~R, 0 5~COI,d8 W~5t n distAnce of 236.36 [r~t to ~ point At lnncl" nO\l or formrrly of ^rthur n. St. OnRf!1 th('nce "'"nR '"nds nO\l or fnrml'rly of ^rthur R. 5t Onlt" , S~lUth '.9 drRrrc.'!'t 02 mlnutr!', 0 seconds WrIt · dIH,"":o 01 293.07 1..1 to n point In tho rn.trrn rlRht-ol-wny IIno 01 l.rRI.lotlv. Routt! 660]/.. thrnce ,,'onR thr t"n..t('fl1 rIRht-o(-~ny llm~ or LrRI"lntlvC! RoutB ,66034. hy n eurv. to tho lolt, tho .ndln. nl "hleh Is 21.3.S7 Irot, An Arc dhtnnct' of 166.J1 f"I"t to n potnt} th('nce ,.IOIlR thl' ftnm<<', South 3ft d('Rrf('R. 21 mlnutoA. 00 ..eon,l. EAot 102.1.8 I..t to A point nt thr nOrlhorn rlght-ol-wAY Ilno 01 Old Uomtnton RnAd, Ihr polut nn.l pineo nl DEGINNItlG. DEtNG tho .Am. prrmtor. "hteh ArthUl R. St. On go nnd DornrdA E. St Ongn. hlo "tr., hy Drod dAtod July 21. 1918 And roeordod In York County Rreord Book 17V, At pAg. 129, grAnt.d And eonvoyod unto PAul F.. KauflmAn, olnal. mAn, the Grantor h.r.ln. UIIDER AND SUBJECT, novorth. Iou. to ....m.nto. rllt rlet Ion.. r....vet lono. eondttlono and rlaht. 01 way of r.eord. . . , ." .' " . . I , , I , . 1 I .\ \ :. E .... . to .... u i;-i -'. lLZ. .... .:;) C\ .' . I ... 1"- .:z " . 0 kI ..' ...'" I.\U CO . en ....: I ~. N " ...:- . - ,.. ..... . ! " I C) l. ~ 1'..:1 ~, .. I' '" .., .. \ . r- 0, .__'... h.... .. ____~~~..._ - '-"--"'-' . .....-.-.-- ~ . ,""..-r--~~:-r.,.-r,"":"':" r."III f'!"~ r-. ""f""9":"-I.~"'~~'--- - ~- "'~p\ , .__--4 --..._., o . ... ,-_.~~-~-- ~,::,'.'_.."'''''':''''..--...... ~~'"''I''' '... ...~I".' . . . " ,:01", rAGE U152 1 Oqq 0 AND II.. ..id C,"nlor Will Wlflont .,nlr.lI, the p.ope.l, hOleby con..,.ftd, IN WITNESS WIIEREOF, ,h. uld GunlO. h. I I'" day .nd )iur finl .b"ve wrillln. h'ftUnlO .., htl hand IJId MOl )'---:;' .. ,/ c:..r- I _ ,.~"tii:...~""~ ,J Si.n,d, S,ol,d lnot D,Ii.",d I'AUL E. KAUFrtlMl In .he preStn!:e or . ,.. h . .. _ _',. ~-=~~"=jP ...._. (SI!1J.1 . . . ____ (SEAL) ., ___., ISE^LI ,SEAL) ISI!1J.1 COMMONWDALTII or pnNNSYI.VANIA COUNTY or On ",1.,11.1 J} 7111 . Notnry Public, "ppc""d Pnlll E. Klullmnn, uowa to au. (M u.i.heroril, proven) to be the ~"on whore nlme Is euLlttiLed to .he withIn lNttumlnt, and .c~no'" IrdRtd d131 he elfcutrd .h. 11m. lor .he purpo.tt thrum containld. r' ", . IN WITNES!l WHEREOF. thereunto .et my hand and offiei,llul. ,: "";\~~1' ,..l..:!-.. '. f \.:.",\" '\S,.:.:lO'" (\ ~ Q D (1., J.~..~ ..... ''-' . "-'~"-'-V..... 0;;., o'\l1"!I~_',~ '~":~!~~1 . ~ ' ~ ".':/0' Uo. .. -ILI..:..,., {t~U.\"i.~",,:'~ .. ,~~...- \'~~.~..\..." \-.(). t'" Titl.o O<<lc... .... .... ....O".:....!...)..... .....j.......~.......1' i of .he GrUlru '.,:It] 41 ,)..,) ........ I L.., rI '4 .11"1 J/ l ""....".:'~..:'" fv1)1}CLJ... ~I lXd.:F . n}llI2il.L!/.C' 155. dl' 0' ~I /L( lingle mln, A, D, " 80 , L.,o.. ml !hI undonlanad .lllcot, rlll.nall, ::.:.1. i..~", . \ ....,.hl. .. ;,1. i:, r:' I IUiRIiDY CERnFY. thlt the rttdu ruidtnee /fJ f'/(/ i}IIIUI/I'll ~)d. I.'i! iJ1'1 LLr PH n31,J I .., <'t",~I'" .,' ~\"l :,1' i I ("Ii 1'1' '. ".r;'" , 1 . ., 1'1I/."if\~f.:I0Iidy;:~;!...~ "." :~ r:.~i:,;~~'~; ~;)'~~ r;~~: ~-o 1 1.;'.'111.1 I~ - . ,I COMMONWIlALTlI or PBNN!lYLVANI^ COUNTY or Y ()t.k. ..' '.0.'" ",." ."" t ",t",,\., JI/, ::~ " l'lr^~: ,'tl~' 'IS ~I'~..tJlllO . " 1110 ,. ::::=.:: ~r '. .~ ~ 1" .. ,:t,:'\II' .'.11: rII ~;.. ';' ~-; ~.~.~ .:. ~ If 1- ...... ' 1.:.'01'.1 ~._"... ':'.: l 55. to I il h d t' ! .. d r> '-1 rn '- I:l -, ... Do .....1 I1Jl .J~ =, 0:..: J +-4 ,; = '" -- .... _ 0 .... o 1: '" ~~ fa a ~ . Rtcord,d on ,I.II ;17M doy.' () 1J/tJ- Dud Bo.k QQt6Volum, A. D. 19 J"'J' In ,hi PI'O 1;:' I Rtcorder'. Office nf the uld V-Uftty In GI'<lI'IIIllI"~,mr, ~~~ I.d .h. .1l1't,[ ,h. "~~A'. d.I' IL... a) /1'--':;T"",,,,,,, of 8 C ,oIl C ,J../,/~ Olin,). rtlllll,I',mi, .. n, ^m'....itr 01 1IA1 ISIAI: I:J.I'I',. ,. .... !EIOW:lON" Am,.... .. '''--L.3?t1 ,/l~ ,(,,,'i.,,, I'".",,,. It;"}? Co ()J/, I 7" , .)/,) r" Llhf CuI'ro.. - - rillln. . ". ,"~ .... " ,\) II , I c.... !ffA: -?...,..::.....~.....~' '\ C .r.w.. i""'d,l:...~ \\". '. ~ '~n [ p.,r,.:, "'. : .c:,<:'. ..' . .. . c. ~ ':~j..~.<1 ...~~... I. ~.. . " ." ., \ ' ~~'. ,. "". I r.. ~ l .' ,'.... ,;. i' . . ~j~.. '..... ....' ~ .'- ~. ,...... , ,..J ,'."... ". -', '.' ." . ,..~....., ," ..'1: /., . <I.i,'V .,' , lit i,. .~. ,I. .." ". .l.., ,.. ,......., ,--..--- ..~-,..._..__.. . . I 'I I I I II i, " " " 'I ~,,~,"j(IGi; :,':~ o,J point at the:> norlhern right-of-way Une or Old Dominion Ilolld, the point and plllce of BEGINNING. IT BEJIlG the snme premloos whIch Pllul e, Klluffmnn. sln']l" mon. by hIs dnod dilled Juno 27, 1988 nn~ recorded In tho Offico of the Uccordor of Dondo In nnd for York County, ronnsylvonla in Record Book 99-0. PIlYO 751, grantod r.nd convoyed unto Gllrald G, Hughos Ilnd hnn Kroh-Hughes. his wife. the Grantors herein. " UIIDER hND SUBJECT, nevertheioss, to ollsements, restrictIons, reservations, conditions and rights of way ot record. , , . j; ,. II II 11 'I :1 II I . . ., , , 1 . . 8udOG~: ;.;:~ vllO 1\110 tI...ald I,anlu, B eunt:tyrd. Iotrtbl/ WIlmll11 ,(/u gonerlllly Ihe /,wp,,11/ he,ebl/ ~1l ~illlr~~ pml~l'rrllf. ,uld I'III.lu,o It,NO 11t"""llJ .tl thnlr 11111. ell u'II1 .eul a lilt'! JfllI UllllUt,,, I"IL "lwl..'t'! ,,'rillclt. ~i"IWil, Srull'il NnilJiMilwo'jl . 1lti II,r prrurnrr' uf I ----- \ ~tb)JU'$!lW~V)!}.,n~}} ();J ~~Wjfb~3J~JJt ~ l ~":tl: ~)"U)JJ oh, York ) ttf-.. _ UlltI.I.,I".f .111I/"1 )'7(0I-J/- 19 9(11"lu" 11I0 . n Notllry Public, tilt ",,,Irr.rl,,rcl lJllh'."I""''''I,IIU u,.,..urud Gnrllld G. lIughoB llnd ^nn Kroh-lIughoB A:,wlt'nlll IIIl' lur ."U../fu'lurlly "rm'r,,) lu I,~ ale /'1'11"'"9 wi"",,, "Utllt' S lJrclI.I"t'"brd lu fl." within (u,'rulII.."t, mlfl eIfA.""""",'!!t,1l lIlIIt they tXrl'ultd 111(' ,,,"'U! fur alt! I,llr/IUU a.errl,. cUlltoi'ltt'. IN lI'ITNESS li'liE/lEaF, J IlIoc.I"'".,,,,lu "11II1I,,,,,"/..,,d official "..I. CO,^,^'BSION (",. ~... '''f: _,.. flOTAIlW.S""" JANICE M. EvELEI\ Noll., """'" City 01 Y..... Y..~ County M1 CommJn1on [_Dlte. June 4. "" ....., '..:........ . -.1' . ""'..:, ",. .' " .' , . .~ .. .' .:- ,,'1,'. . . ~ , ,......,.' . ...... ' .,~ ,;. ' :.. ., ., : . :: .~ I .~ !) "'P'I. 'p.l _ (!..,:u{... ; ;Z/.~:C....{.{-t.:4. t Notllry Ppbl:J..c .,..." .' .. ..,)1". ' .. .!..~. . 3\ Ujl'fl'lll' <Cnlifui . '..' "',. . "". ~ lI.alll.e I',e.lle ad,I,." of 110. I,"nle. h"et" II 'f';' . Ji ",/1 vi /l;(!!d /''////I///I/i .'~/a. ' : !I/d/~/f((~ ./1/ IJ.Y,~./ I i!M aM /~ !.//.~;{: i 1 r " Ii II iOG" ....,. "k l &OUr "" ." ii Ii I; ,: , , I :I 'I '; P I::> . M <n u l.:-i _t' .." ~.. :"'f' D, " . . I ,,, ..- " 1-' nl :In ",,':'1 I' .wn I, I.... 1'- l' M - ~ "'"' iN r- ~! iQ l .;' ~ L. ,.. 1:1 ., 'I ., ." ~ Co :>: ... '" II " 'Of '.. ) z'u ~ z c 11 ot '" I ..' , "tl"tl \.1 c c ~.. O\l '" n Ul Ul ~I :l 0 l/} .' '\ :c .r: ~I ." ill, I l:l ~ :x: :.> . l:l ~: l/} :> J:t, l>l :x: l ':x: I L'l:l :x: :> g C1:X: ..l' I( ;.15 ~ l~ 0: l:l<< o no ~ ~ - lJ i ~ at: Bol1 J;~ Hj~ "p:l., ~ ~ ~~~ i~~ UI C'> ..@ . - .... ~ .... -.... 1-:1 -.....) ~~)JUn~)J~v}!~\~jjJJ ~;J l~j9Jti1J~~9J~SU I ~'1;s ~)"JruJ~Al . _~\,)t;h.. - ,. . - - .. -". - \ "II), '.."I'\' . 'J~~b ,MtI.'J Jr.) 'fo ........ ',~.4.1),~,A:'W (JII tms ,___ ._______ .ltl.I/(1-1-I1.'_(_- . T,Z I.fJ__ ".<::;:::J;:: .<.?>, ill lilt 'Jla(lrai!r,~ ('fIkt oj',IwM C{lll1z{t" f <':::/' :' - .::.;<.: \, . ill Ih'lW 9lc1t'A'..lCio ~l,'l, _.H__ _.J!I(iI': _~2!. '. " '\.. ..(:";f;'.:f":-.<.~.\,:...,:: Giv('1I wzde'rm,\'/zcllld elm' ..it'ell B'I/Zf,<;t11d' . -;). "'.,..' .. - _ J,' ........ :'.," /\~,~~~,_' 3::.:f.;:":;:~' UIe dale ezbow Ivrillm, /J I"'(~;:;:;.'~;~~:, ":'~",.. 'I ""t/'~?-I,~ ',,,," . "'1 '. hI",. \'':'tl . ." ,. .1'..,1,." r.... '. .,' __._ . 00_" ',,'.-.-.~..',,' .:. ""1"""', .. ....' 1!J,S'6 . A. Settlement statement U.8. D~r.rl~.nt a' ftnullnt .~d Orhan r~y~tnr-.nt OHI "0. '~O'-O'" !. Type of Loan 1.0 ,nA 2,0 ",... ,.IX] Can\'. Unl".. f. rl1_ Ihllllhflr 1. 1.01" """"b.r ',0 v. ',0 Con". Inl. L-164 0508587619 I. "Oflqa,. Inl. el.. """"h., C. Thh In,. h furnl.hlHt .. . tlht"lIl_nt of .etud ,flU ""III"t r,."tl. A..aunt. "'lid to .nfi hy th. ..Hb..ant Iqllnt .r. ahl,wn. It&""1 ..rked (p.o. e) Vftt. plld nut. Ida th_ ela.lnq, lh~, .r. .h~n fnr Infnr~.tlnn.l purpn... Ind If' not 'neludftd In tat,I_. P. HIMI and Addr... of Rorraw., James R. Viani Deborah G. Viani r.. III.... IiItn1 Addn-.. fir lIall., Ann Kroh-Ilughes r. H..... anlt "ddr... or Idtndar Mellon nauk, M.A. 6400 Flank Drive Suite 300 Ilarrisburg, PA 1111~ '3. Ptor-rly l.oe".I"" n. ..H.....' .~.., F'r;lne 1 R H. Sochn, EBqU Ir.e 15 old Dominion Road Wellsville, PA 17365 Warrington Township York County ,l.ee of Sflltl"lIlant I. nettlftlll"nt Uat. 2201 North Second street IInrrisburg, PA 17110 07/31/96 J. 8UHKARY or nOMOW'KR'. TM}U:~CTtOHI 100. GROSS AHOuwr DUB FRO" &okROMI_ 101. Contract .ale. price 102. P~r.on.l propert, 10J. settl~m.nt chargea to borrower(llne 1400) 104. 105. I. 'UKHM.1' or "'UR" 11l,MIf:ACTtOHI 40D. Cltoss AttoUlCt DUI 1'0 "".UtR 401. Contract .al.. prle. 402. per.on.l propert, 401. 404. 405. lU,ooo.OO -,- lU,OOO.OO 5,Ul.21 ~dju.t~.nt. for IteN' paid b, ~ftll.r In ed.enc. 10'. Cityltown t.... to 101. count)' tu.. 01/]1/" to 12/ll19' 111.811 106. ~....."'enh 07/]1/95 to O'/lO/n l,nO. J2 10'. 110. 111. 112 In advanclf Adju.t"'~nt. for It.~. p.id bl ..ller eo,. Citl/town tax.. to 407. Count, tu.. 07lll/" to nlll/91 401. A.....~.nt. 07/]1/" to 0"10/17 401. 410. 411. 412 171.81 1."0.12 ]20. C~O~S AHOUNT DUI FROH nokRoWER 200. AHOUNTS PAID BY OR IN BEHALF or BORROWER 201. Dppoalt or .arn..t mane, 202. rrlncipal amount of now loftnca) 20]. lxi.ting 10.n(.) t.~~n eubj.ct to 204. 'OS. 420. eROS! JUfOUMT nUl TO roP'.LER 500. RP.DUCTtoNS 1ft ~HOU'H 1'1I1t TO SUtER 1I5,8U.60 171,11l.81 It.ce.. d~po.ltl..e l~.'ructlon.) S.ttl~m~nt ch.rgp.I t~ ..II@r(llne I.i,ting lo.nr.) t.~~n .ubj.ct to r.,otf of firet Nort1.1~ lo.n t_lI)'oU o~ 1.,C'ond llIott'Jllg" In.n 206. 1117. 501. 502. 50]. 504. 505. 501i. --,- .,~--,_.. 5ti7. 115,000.00 1400) 28,114.15 4P,'6I.75 15,720.12 208. 20'. ~08. 509. ^IJJ".tlllent. for itf'm. unpaid br ..,Uet , .'--'-_._- 210. clty/t,',~" \;....'1:". to -..-.- .... f.~J ,t",'I1:r. '''f ".l'~' llnraid b, ._Iler ,=,- lo [-::- ,- :"1 .... . , I ,... 215. --.,- ,. +-~15~:. ~--=~ I .,- '[ -'~' --- --- --,_. ._.__. ..~M_, .___ 220. TOT~L rAID BY/fOR BORROWER 11~,Doo.oe S2D. TOT"L nwnUC'Ttolt AHr""M1 hUR IILUK L 1!l2,401.02 lOO. CAf;R AT SI"lTLIHP.NT FROH/TO BOR,ROWIR '00. CASn AT SI'M"LIHIUrr TO/rRO" BlLLlR 101. Cro~. .mount du. frOM borrower(lln. 120) 111,lU.II '01. Cro'. 'Mount due to 1.lt.r(lln. 420) 1",112.&0 3D2. Le.. ~mount paid by/for borrowerCllne 22D} 115,000.00 CD2. tAu reduction yount due ..Ihr(llne S2DI << lH,eOl.02 3D'. <A.lld!] ,n'MIlO '1'01 IOR.OlIIfR ~., In.1I 10'. CAlnl m 'tOll O..!~"HI IRLLIR 1J,4&1." Th JnforflaUon ~onhlnfOlJ In IIloch I, 0, II .nd I '''',{ f'ln Un. 401 (or, If 1 h. 401 h 'J~.terh1t"d, Ilnu 401 and 404. h If"rnrhnt h. tnfftrtlllltion _nd h b"tn9 furnhh.d to the '"..,n" .....nu. ""rvlc.. 1f '"'I U. "quhed to tll. . rpturn, . n"91Iqenc" p"ndt, or othfOr ..netlnn will b. l"rand on ,ou If tM. it.. h IPqllllPd to b. .~pnhd nd the Irs d.t.min.. th"t It h.. not b~"n r~port~. '~1 SP.TTI.F:"rtt1' STATjrMrNT e (""""rut".. .....,'.1,.". Inti C't'lnIIlU.ntl I~Jnl-u!\.nllOO t! , . W~IHOI It I. a crl.. to knovln~l, ..k. 'al.. .t.t..ent. to the Unltad .t.t.. an thl. or an, othal' ...Ilal' fOnl. ..ndti.. upon convlrtion can Includ. a Un. and hprhnne.nt. ror datal" ,... Tit.. 11 U.I. cod. a"r.t!on 10tll , 1010. SETTLEMENT STATEMENT PAGE 2 IrrrLlKEIlt' CHUGI. 100.TOTAL flAUS/8ROUR'. COHHIISIOH bud on price oivi.lon of c~1..1on (11n. 100) .. follow.. 101., t,ltO,OOto ERA Andu.on b.l lltata 102. , to 70J. CDn*I..lon paid .t I.ttl...nt 7U. laD. lTIHft PUABLI 1M COttHICTION WITII LOAN 101. 102. 10J. lOt. 10'. IUf. '01. 101. 10'. 110. III. too. tOl. t02. ,0). tU. fOS. 1000. RESEPVP.8 DIPOSJT!D NITft LEND!R 1001. 1002. 100). loot. 100'. IDOl. IDOl. 1001. 1100. 1101. 1102. 110). 110t. 1105. 1106. 1107. 1641,000.00 . 'AID FROH PlORROMIR" 'UNIII AT Sr.TI'f,!!':HZh"T PAID '''OK I!Lt.P.R'. rUNt'!!' AT 8!ITI.r.HEHT '.0' . , f,UO.OO f,UO.OO Loan Orlgln.tlon ,.. , Lo.n Ol.count 2.0000, Apprll..1 ,.. 15.00 to Cudlt. R.port .....20.00 to L.nd.r" In.p.ctlon ,.. Hortgag. In.ur.ne. Avpllcatlon ,.. Allu"'pt Ion 'a. T.. a"vle. ,.. to TAITI Undarvrltln9 ,.. to H.Ilon Docu..ent PupauUon to ah'tlowtl,t Hortg.g. ,101,,1 Cart. to Tun.....rlc. '21S.00/POC _ '2'~.00/TOTAL ,".oo/roc _ ,I,.OO/TOTAL 2,JOO.00 n.oo ....20.tlO '0 "Cour"l' r.. t.o n.llon" 21.50 ".00 1'0,00 U.oo 25.00 lTEHS REQUIRID BY LENDER TO 8ft PAID IN ADVAHCI Jnhrut. frDftl 07/)1/" to O'/Dl/" II 21. "aDO/day 21." Hortgage In.uunc. pualu. .fol' n..ard In.ur.nc. pr..lu. for aonth. to y,ar. to ft.ZAld In.uranc. Hortq.q. In.ur.nc. City property t.x.. Coullty prop.rt, t.... ~nnll.l ........nt.. , aonth. I I U.u pH 1tI0nth aonth. I I pilI' .onth .onth. I I par Month 1 Montht I I It. 11 pH Month , .onth. I I lU.tJ par 1I0nlh ..ontht I I p.r aont.h .ont.h' I , pflr tlIont.h .onth. I I n20).H p.r Month to to to to to IRA "ndeuon kB/DP.ZD to Cuh n.z& 21t.1t 101." AGGRIGATI ADJUGTKEHT TITt.1!1 CHARGI8 aattl...nt or cla.ing I.. Ab.tl'Act 01' titl. ...rcb TltI. ....In.Uon Tltl. lnturanc. b.nd.r ....201.H 10.00 '0.00 5.00 DOCll..ent. puptraUon Hohry h.. At.torney', f... (hlCludlll thoy. item. NIU\lJUII to ---.----.------------.---'- 1101. Titl. In.uunn __.... _..~_..:~.. !~.~~~!4..:- ~~.!_!.~~~~____. (Indud.. .boYl ihllt. t'u~'j'nl ~nl.h 100/J00/110/I.l J.a~~'ler" cove.~~~....!-.!:~. ~_~~~~___. ________. I,U5.01l 110t. ilIa, Jill. Own"r'a COY.,.,;:., 1",'."....1,:(\ ]5.(1'1 "1 " ~.~t.. ","I.,lre Dl"l,lr.,.I1I""t ..., " ,.". .,!. ',." ,,' 10.00 o. -'-::.::'::: t~_~""--i Hal. "'"t."H"inq --.!.~o!.: _,~_j t y/co~t.. I t . ~. , .~__'~_ l:'.vO:, "."'CJI$ JI.OO .,t'"'''le' Tl,.".j.!. _1.~~~~.(If)..:.~'.)_I_t.~~g!_!_ -.-\ 10J, ..ction J .nd lln. 'OJ, S.ction l) CIRTl'lrATlolI I have cAretully reVhv~tha HUD~1 hUh..nt Blatalflflnt .nd to the b..t of .,. knowhrlg. In'! bet I.' I it it I t.ru. .ntI ac:eureh .t.t...nt of .11 r.c.lpt. a d dl.bur....nt. ..d. on .,. .ccount. or b,. .. in thl. trtn.actlon. I furthal' c.ltifr that J h... r.celv.d I a co r tb. DUD-I.. tl . t Stat...nt. ' _, \jD.{,,~ a .Jf},~altll)))ljL1v.. k'fJlI. fltrtnIXW;?..//lJ ,'J\ 'l"" Jr~:L~.n/.l I .,- 'n;:Jliro:'~ T t ' ~L -. ,(})/( Borrow.ra Debora' O. hni adhra The 8UD-l 8.ttl...nt fttat..ent which r h.ve pr~r.r.d I. I truI and accurat. .ccount of \hl. tr'~.~r.tlDn. J hlY. ctu.~ ~r vlll c.u.. t~. dl.bul..d In .ccord.~vith thl. ttat..flnt. f ..-r:: /7-'1 /Z.. _ /' July II, II" ,1\.., .!III..' . 1.'.~\. 1101. 110). 1101. 1]Ot. 110S. '0 to SUIV"y Put In.pectlon R..l Z.t.t. In.llo~"nt.l u.oo SO.OO 1.110." 115,000.00 Wat.r C'lt to Raal I.t.t.. !nvlrona.ntal ,Jo!c. N. a.lth C ntl Bchool t..... ISr.ROW for ..ptio/.and Hound .J.t.. TOTAL IE1TLIKlHT CRMGII (.ntlf on line ',121.21 2.,&U.15 Uoo. , , 1.04 Liability for D2bts Incurred During Harriage. The Parties intend by this Agreement to e~tablish the nature I)f all debts incurred by either Party during marriage a~ eIther the individual separate liability of that Party or as a liability of the Parties jointly. 1.05 Property Rights on Termination of Marriage. The Parties enter into this Agreement and into marriage with the intention that their marriage shall endure until terminated by the death of one of them. However, the Parties recognize that due to circumstances unforeseen or unknown at thi~ time the marriage may be terminated by divorce or permanent separation. Therefore, the Parties intend by this Agreement to establish their respective rights in all property in case the marriilge Is terminated by divorce or permanent separation. The Parties intend to set forth criteria by which property may be classified as separate property or as marital property, thereby establishing the scope of any equitable distribution of marital property pursuant to a divorce or pl'rmanent separation of the Parties. 1.06 Intent to Establish Support Riqhts on Termination. The Parties intend by th is Agreeme nt to de te rmi ne the obligation of each to support the other on divorce or permanent st'paration. the ~l\Rl'lCLE II. REG-I'r1O:S' , - 2.01 Repres('ntation bY...-cc)U';\sel. The Parties i1p.knowledge the Wife h/'6;resen~'ed'b~ald B. lI':>yt, Esquire, / ~ Oiti oJ/ \ -2- 3.02 Prupe rty I\cQu lrl?'.1 UurinQ Ma nOlal)!? . Th" fu It Vl\ Ine o( all property that elther Party acquires during m~rrlage by way of gift, devise, bequest, or descent shall he the l'<:,paratl" property of that Party. 1\1so, the full value o( any prop""ty acqulred during marriage by a Party that is acqnired with procees pllrsuant to any sale, other dinposltlon, or change In form of separate property shall remaln the separate property of that par.ty. 1\11 property acqnired during the marriage that is hell) in Joint names shall be considered joint marital property. All propel:ty acquired in individual names during the marriage r,hall be considered separate property of that Party for ill1 pnr.poses including equitable distribution and estate purp0r,es. The manner in which title is held shall be dispositive of tho"! nature of the title, whether individual or jolnt. 3.03 Control of Separate Property. Each Pilrty sha] 1 have the absolute and unrestricted rlght to mana\le, control, dispose of, or otherwise deal with his ')r her separilte (,,'nperty free from any cia im tha t may be made by the othe r Party by reason of the i r marriage, and with the same effect as if they hil') never been married. By this Agreement, each Party waives, 11lscharges, and releases all right, tltle, and lnterest in and ") the separate property that the other Pilrty now owns, or o'lcquir<:,s after the eKecution of this Agreement, or acquires from tl~ proceeds of any separate property now owned. -5- 3.04 Disposition of Property on Termination of Mllrriaqe. If the mardage ohould terminate in the divorce or I'~rmanp.nt separation of the Parties, and without regard to the ["ult of either Party in causing the termination, all prol'p.rty l1S set forth in Exhibits "A" and "6" to this Aqreement, and all separate property as set forth in Paragraphs 3.01 and 3.02 of Lhis Agreement, shall remain the separilte property of the t"O'spective Parties. Neither shall claim or have any right to compel the equitable distribution of any sepllrate property of the other. All marital property, regardless of the form in which tit Ie is held, shall be subject to a just and equitable dlstrihution between the Parties. ARTICLE IV. SUPPORT AGREEMENTS 4.01 Support of Parties on Terminl1tlon of rlilrriage. If the marriage should terminate in the divorce or permanent separation o[ the Parties for any reasons without regard to the fllulL of either Party in causing the termination, each Party waives, releases and completely discharges the other Party from the payment of all obligation to make alimony payments regardless of financial status of the Party at the time the claim is made. The Parties, however, do not waive their right to receive spousal sllpport for a maximum period of thrN' (3) years ,1fter the time of separation, so long as the Parties a~e legally 01lglhle [or support In accordance with the legal principles then in '.!ffect. -6- The amount of payment paid by either Party to the other shall be the amount agreed to by the PIII.tles ilt the I; f m'? In the absence of such an agreement, the required p"yment If any shall be the amount ordered by II court of competent jurl~,llctinn in accordance with the formulae and legill prlnclpl,:,s governing the amount of support payments then in ('ffect. 4.02 Duration of Support Obligation. The support obligation of each Party shall continue until payee spou~e dies, remarries, or cohabits with a person of the oppfJsite SE'X, or divorce is granted. Under no circumstances shall the pnyments be received for a greater period than the three year peri'Jd previously stipulated. 4.03. Support and Maintenance of Children. Husband and Wife are only obligated to pay for the support of the children of their own marriage. A Party is responsible to make support payments for the children of prior mnrriage as set forth In Paragraph 2.03. ARTICLE V. DEI3TS MID OBLIGATIONS 5.01 Premarital Debts. Neither Party to this Agreement shall be responsible for any debts incurred by th'? other Party before the time of the signing of this Agreement. Any such debt shall remain the sole and separate obligation of the Party who inr;urred the debt. The premarl tal (lebts of lIusb;"\nd are set forth in Exhibit "A" to this Agreementl the premarital debts of IHfe are set forth in Exhibit "13" to this Agreemont. -7- 5.02 Debts Incurred During Marriaqe. All d~bts and obligations incurred by the parties jointly durIng m~rriage shall I:e considered to be the obligation of the Parti~'l jointly. All uebts incurred individually shall be solely the rcnponsibllity of the incurring Party. 5.03 Dispositions of Debts in Case of Divorce. If the marriage of the Parties J:'n<ls in divorce or permanent slO!paration, all premarital debts of the Parties as set forth in Exhibit "A" and "B" to this Agreement shall remain the sole responsibility of the Party who incurred the debt. ARTICLE VI. RIGIITS OF INIIERITANCE 6.01 Required Testamentary Disposition. lIu'lband and l'life agree that on or prior to marriage he or she will execute a Will which will include a beqllest of the residential real estate owned at the time of death and a olle-third (1/3) share of the remainder of the net estate after lledu<:ting all allowed claims and costs of a,lmlnistration to the other Party. Although this provision I~quires that each spouse make a specific testimentary dispositionl the provision itself is not a testatmentary disposition, and this Agreement is not intended as a Will. This provision shall remain valid and enforceable aqainst the estate of either spouse regardless of the contents of allY present or future Will or Codicil that either SpOil'll? may execute. -8- 6.02 Waiver of Inheritance Rights. Except "5 [H"ovided in Paragraph 6.01, each Party waives and renounces .1ny right to inherit from the other, whether under lhe laws of intestacy, or pursuant to any other ntatute or rule of law. These mutual waivers include, but are nut limited to, the right to tuke an elective share against the IHll or the other puny's estate in accordance with Pennsylvania Consolidated Statutes, Title 20, Section 2207 or any similar: statute then in force. NothinlJ in this Paragraph shall affect the validity of any beqw>st, devise, or other testamentary provision that one Party may m"ke voluntarily in his or her will in favor of the other Party. AR1'ICLl> VII. OPl>RATION AND INTERPRETATION 7.01 Agreement Conditloned on Marriage. This AlJreement ls entered into assuming that the Parties are to be mar.r.ied, and its effectiveness is expressly conditioned on the marria~e between the Parties actually taking place. If, for any reason, the marriage does not OCCUL', this Agreement shall he of no force or effect. 7.02 Mutual Releases and Indemnity. Each Party agrees to indemnify and hold the other harmless from any li~bility to third persons that may arise against either Party or again~t the Parties jointly as an incidence of the marital relationship for which the nonliabllity of the other Party is estahlished by this Agreement. -9- 7.03 Aqreement to ,loin in F.xecution of Other Instrurn~nts. 'fhe Parties agree that each shall willingly, ilt th~ request: l)f the other, or of his or her successor or allsll}nel', execute, deliver, and propedy a<:knowledge whatever adrlltlrmal Illlltruments may be required to carry out this Agreement. Each shall execut~, deliver and properly acknowledge any deeds l)r othnr documents so that good and marketabll? title to any sepnratl? prl.lperty may ~ conveyed by one Party free from any claim of the nther Party. 7.04 Duty to Support Children of this Marriage. Nothing contained in this Agreement shall be construed as absolving either Party of his or Ill' l' legal duty to support any minor children of this marriage and to provide them with an educaiton suitable to that Party'n circumstances. 7.05 Entirety. This J\greement contains the ~ntire understanding of the Parties, and no representations or prornises have been made except as contained in this Agreem(>nt. 7.06 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforc'!able, the remainder of the provisions shall remain in full force and pffect ilnd shall in no way be affected, impai red, or invalidated. 7.07 No Limitation of Inter Vivos Transfers. Nothing in this Agreement shall affect the right of eith'O'r r,'rty voluntarily to tranfer real or personal property to the other Party with or without consideration, or the right of either Part:y to receive -10- MARITAL PROPERTY ~Rl.t~tittl (Defendant) lists all marital property in whioh either or both spouses have a legal or equitable interest individually or with any other person as of the date this aotion was oommenoAd. - , . ITEM ITEM ITEM NUMBER NUMBER NUMBER NONE DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS DATE OF ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION VALUE AS OF DATE ACTION COMMENCED AMOUNT OF ANY LIEN NATURE OF ANY LIEN EFFECTIVE DATE OF LIEN HOLDER OF LIEN ._-,. ,-- .. - .. NON-"^RITnL PROPERTY ~(Defendant) lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. - - ITEM ITEM ITEM NUMBER NUMBER NUMBER Real Esta te 1995 r.F:0 Prism 988 OldsmobIle 15 Old Dominion Road (Harrington DESCRIPTION Township, York OF PROPERTY county)Hellsville, pennsylvania 1736') NAMES OF ALL Ann E. Kroh-Hughes Ann E. Kroh-Hugher Ann E. Kroh-Huqhe, OWNERS -- DATE OF 1989 or 1990 1995 October 19(16 ACQUISITION -- COST OR VALUE $ 1.00 $ 10,000.00 $ 3,000.00 AS OF DATE OF Est ACQUISITION VALUE AS OF $0.00 (sold July $0.00 (Car was DATE ACTION 31, 1996 for tota lled in an Unknown COMMENCED $164,000.00 accident July 199fi) AMOUNT OF ANY 1st $48,566.75 None None LIEN 2nd $75,220.12 - NATURE OF ANY LIEN Two mortgages None None 1st mortgage HOLDER OF LIEN company out of Philadelphia, PA None None 2nd York Federal EFFECTIVE DATE Unknown None None OF LIEN BASIS FOR See Antenu~tlal :;;ee Mltenu[ETaT See Antenu81;1a~ Agreement ated Agrel'ment "ted Agreement i1ted EXCLUSION FROM February 29' 1988 KeHlllry H' 1980 -Kr[Y~r~ ~~t ~9~gs MARITAL PROPERTY Art cle II - Post r c e , - 1'0i"! Separi1tion properl se~"ratlon Prnp- Sepi1ratlon Prc'per er y -, , -, y NON-MARITAL PROPERTY (>>~~~~~ll~ (Defendant) lists all property in which a "pouse has a legal or equitable interest which is claimed to be exclude" from marital property. -, -,- I'rEM !'rEM ITEM NUMBER NUMBER NUMBER 15'1 Nest ,Jackson Checldng Ac~ount street, cl ty of York Federa,1 York, Yorlt County 101 South G<:,orge DESCRIPUON Pennsylvania 17'10, Street, Yorlt OF PROPERTY Pennsylvanil1 17'101 Acct No.090'15'155'1 NAMES OF ALL Ann E. Kroll-Hughes Ann E. Kroh-IIughes OWNERS - DATE OF November 26, 1996 Before 19110 ACQUISITION COST OR VALUE $'19,900.00 $ 0.00 AS OF DATE OF ACQUISITION . VALUE AS OF $50,000.00 Unlmown DATE ACTION COMMENCED $10,000.00 .- AMOUNT OF ANY Down $39,500.00 Owed None LIEN ,- NATURE OF ANY Sales Agt'eement None LIEN (Not Recorded) Dayne K. Riddle HOLDER OF LIEN Sharon E. Riddle None EFFECTIVE DATE November 26, 1996 None OF LIEN BASIS FOR See Antenu~tial See Antenu~I,lal ~greement ated Agrer>ment II',ed EXCLUSION FROM nu~ry IV' 1900 Fehflla ry 211. 1900 r eel - Post Art ele {II - Posl MARITAL PROPERTY epa ra t iOll I'roperfy Sr>pl1 ra t on Propp, y -., ., ,- ,.. lplfJyer 'i Unemployed , . ,ployer-' s Address lb Title I Pay Period (weekly, biweekly, etc.) 11Ing st.,tus clllimed for fpderal payroll wlthhotdlng; ~mber o~ e~emPtions cl/llmect for federal payroll withholding taxes lOSS PAY PE~ PAY PERIOD $ I I EMIZED PAYROll DEDUCTIONS , I Federal Withholding $ 'Socla\ Security , I local: Wage Tax . State Income Tax , I Unemployment I " I Union Dues . lIealth Insuranc!! I Retirement (mandatory payment only) , I Reti~ement (voluntary payments) , I Savings Bonds I Credit Union : It'fe!"rns-urance Othe~ (sped fy) I I I' TOTAL WITHIIOlDIIIGS AKE-1I0ME JPAY PER PA'y PERIOD TIlER INCOME (amoun t rece I ved) : . ~ $ 0100 Honlhly' Year1y " nterest Ividends en~ions nlluflles oel a 1 se/cUri ty Rents' , Royalties I Expense Account Gifts , " ):! $ $ A"l'1 00. 9.996.00 J ~. 'I 01 " 7. \ , . , . , . .rn.f. PublIc TransportatIon Insuranc. Ltf. AccIdent Health (Through Husband) other (specIfy) MedIcal (expenses not covered by Insurance) Doctor Dentist Orthodontist Hospital MedIcine Special needs (glasses, braces, orthopedIc devlces)- lIst: Therapy (Polly Rost) $ 50.00 5.00 10.00 EducatIon (expenses not covered by scholor- ships, grants, loans or other reimbursement) Private or parochhl school tultlonlfees 10.00 College or trade school tuItIon I fees R~ and board Religious traIning Books and supplIes Lunches Loans (credIt cards, charge accounts, credIt unions, etc.) - lIst: Da lance Owed Clothing LaundrY/drycleaning Barber/haIrdresser Household help Child care MtIIbershl ps 7 . 00 ($ ) ($ ) ($ ) ($ ) ($ ) 20.00 8.00 5 Total , . Own.r.hip. Value 's . 3 '2,'1'i0.OO X - - - - - - 69.00 X - - - - - - - - - - - - - - - - - - - .. - - - - - - - $ 2,">1 9 . 00 Policy Covera9.* No. H W C , . PJlO'EJtTY: OWNED Oelcription Cbec~in9 accounta York Federal Saving I account. York Federal credit Union Stocltl/bOnd. Real .. tate Other DfSURANCE Company Hospital Blue Cross Othl!lr Medical Blul!I Shhld Other Bealth/Accident Disability Income Dental Other Through Husband's place of employmen~ Through Husband's ola~~ of emolovment - - - - .. . B-Busband: W=Wife: J~oint: c=Child YERIFIC^T10N I. Ann E. Rroh-Huqhes verify that ,the facts set forth In the foregoing Income and E.pense rorm. Including all attachments thereto. are lrue and correct to th~ best of my knowledge. Information and belief. I understand lhat ralse shl~l1ll!nts herein are lII8dll su~ject to the penalties of 18 Pa. C.S. ~4904 relating 10 unsworn falsification to authorities. Date: {bpu f: '/{V l- h~l.o1u/ (J 7 . . s~PLDiENT.u. IHCOKJ: S'fl\.TEllLllT (a) Thill tOr1ll is to be filled out by a penon (check one) I D D D (1) who oporate9 . bUline,s or pr~ctic.n a prote..ion, or' (2) who L~ II. mambftr.of.A partn~rshir or joint vent.ure, or (3) who i5 a sharsholder in and is .alaried by II clo.ed corporlltlon or oimilar entity. . (b) Attach to this statem~nt a copy or tho tollow~nq document. relatin'ii to the ollrtne::shi:?, joint venture, bun in...' , profession, corporKtion or lS~tlar r.ntitYI (1) tho moot recent Federal Inco~ TIl~ noturn, and (2) tho mODe recent Profit and LOGS ~tatcmene. (e) Nama of business I Address and Telephono llumberl Id) lIature o~ bu~int1l"'fI (check one) (e) Name of accountant, controller or other person in charqe of tinnncilll records: L7 (1) partnership D (2) joint. vent.url'l D'(J) profession D (4) closod corporation D (5 ) other If) AnnUll), income from bu.ine.11 (1) now oft~n Ls income received? (2) Gross income r~r pay p.ricdl (J) !let incollW! per pay period I (4) Specitied deduction., lr any' 8 '.. ...:1' ;..... t.:: ,-; ;.:-, , , l' ." P! ( , .' I:!. 1-'.. , (,.1;- .J (.' I.....' /, I - , " u. , (e , ,'J I ; ..'-.. I , C~ , . U 0' (j ,.J 1Il>- t<(lIl W2: ,.JZ l'.W 0 ll- l>: III ~ " 2: IJ 1Il ,.. 0 . III 0 ~ '" a: :r> . W E-~ Z U J I- a: 0( ;C~ 00 :r 0 '" :s Ul 0 Z 02: W ~ I>:H .J !( ~ 0 0( U- :r p W~2: ~ ... .J C ~ :r :::1-40 , ~ " I&. .. c...U P I IIlE-H 0: .. a: 0 Ul C ~ :r 2:WE- z 0( Z - C '" :E a: J:l Ul 0 t<(1l-< z ~Z > l>: U 0: 0 I- J: '" 1>:< \0 ~ :<: III III I>: <( ~ Ul I- o. :::...:l r-. - - p :: 0( " Oll: r-. J:l E-oc...c... C '" a: UW '" ,.J W Zc...H lIJ :: 0 I%l I t<( oO:Hp:l .. W:r r-. I>: ~ J:lE-o :rp C\ W ZZl>: I-CJ ~ t<( WHO c...o<:c... Zc... 0 W,.J HO Z J:lll. '. . EDWARD R LECATES AnORN('f '" L"w 'fORK ""ne01 the Husband is financially liable for the support of the Wife but no final order has been entered as to an amount. Furthermore, the Defendant has a right to appeal to the Superior Court of Pennsyivania from the order of the Honorable Michael J. Brillhart when a final order is entered. 8. Admitted. 9. Denied. Rather, it is averred that it is the Defendant's position that the marriage is not irretrievably broken nor have the parties been separated two years. Furthermore, the Defendant will be prejudiced by the granting of any decree of bifurcation because she does not presently have any health insurance since she was medically insured through her Husband's place of employment, Pennsylvania Department of Corrections. 10. Denied. Rather, it is averred that there are no advantages to the Defendant in having the divorce bifurcated. The Defendant's sole source of medical insurance coverage is through her Husband's employment with Pennsylvania Department of Corrections. If a divorce ~0re to be granted, she would lose all medical insurance coverage and be without any at all. Furthermore, the Wife has h,,1 significant medical bills in the past which have been fully covered by the Husband's medical insurance through his place of employment. Furthermore, the Plaintiff is presently under an order of support to pay the sum of $89.00 per week for the SlIFrC!-t of the Defendant, which order would terminate upon the gr:1nting of a decree of divorce. A copy of the Order of COlll-", d::lted June 25, 1997, is marked PAGE TWO e..IIIL.EJ\IllIJJ:l.u~ 1'I"intirr !:icwIdJ.j, Hu~hrs, I r, Ddcnd,\nt J litO NO, 6.2..Q.B.:1 (Jockrt No, 15.\ SA 1997 ORDER OF COURT NOW, lunr 25, 1997,thl' Court dol's hrrd,)' ordrr thr Ddcndanttll pay thr Orlin' of DpnH'stic Relations thr sum 01 Eh:hty Ninr Dollars and no crnts, S~prr m lor thr sUfpon of S1!lllI2l: as allOl'atrd onl'agr one dlrctivr thr ~ tJlJ.inf..Smmlay. January ll. 1997. this ordrr to continur unti runhrr Ordrr or thr CllUrt. 1',Iymrntto commrncr U\lJuclhllili by the Dde!Hbnt in the amount 01 the order (or chan~e) untilthr awanle,1 wage all'lclunent is drducted by the employer, The Delend,ltlt istll provide healtlt insurance that is a\'allable lor the rJ;ilil1i(( hercinvolvrd at rrasonable cost, Bot h pmies arc required to cnmply witlt all Policies a!HI Procedurrs or Domestic ReI;!1 i,,"s including reporting chanf,rs or alldress, emplllJ'ment, insurancr cllverage/cost or ""tody of children, in writing or person, within srvrn (7) d.lYs of thr ch,ltlge. WilIIul lailure to inlorm Domestic Relatillll5 01 this required informatillnmay remit in the Court adjudging thr l'.lIly in contempt pursuant to Rule 1910,21 punislt.,hlr by onr or morr of the followio~' jail, finr or probation. Income will be "llached unlrssthe obligor is not thirty days in arrrars ilIll! ~ood cause rxists n"l 10 allach ill a wrillen agrermrnt is n',lChed brtweenthe p,lrties providing lor an altrrnativr arrangrment, this second option applying to non.well;llr C,1Ses only, Any polSt due support is a judgment by operation 01 law. Cases with lJualifird arrears will be submillcd to the IRS intrrcept f,rol\l;\m, Pursuant to 23 Pa,C.S,A. 4308, noncustodial parent's statr 101lery winnings may be intercrpted lor payment 01 lack support, Pursuant to 23 Pa.C.S,A. 4352~1), hot It parties arc rntitled to request a Irview atlrast oncr rver}' 3 years Irom the date 01 the most recrnt order or mOllification upou the filing of a petition to mOltih', There is a S.20 per werK srl'\'icr ch,llge that must br paid by the Defen&ltlt. Mrears ;lrr 12136,00 to Plaintiff as of 6.21-97 P,'yments on arrrars shall br in thr lollowing priority: S.lQ.QQ I','r ~ on support arrrars account number (z2QH S__prr _ on birth expell5es account number S_l'er _ on HLA hlood test arcount number S_l'er _ on account numbrr S_prr _ on a,'count numbrr If at any timr altrr thr rntry of this ordrr, thr total support arrrars rxcrrd $2550.00, thr arrr,trS p,lymrnt on the col5r sh,llI auwm,uically increasr to S~ prr~, to continur until lull payment 01 all arrrars or lurthrr order 01 COUll, A wagr all,\Chment in thr increo,srd amount shall autllmatically issur without further notice, Arrrars paymentlistrd above;lfr minimum paymrnts requirrd hy this Ordrr of Court, Formuh\ Income Amount Ddcndam 2344,63 Formula Incomr Amount Plaimiff Y.ll2..4~. Guideline Amount of SUppOlt~' (Basr Ra&2 Adllitional Q) Medical Split, if arplicable 71.% Ddrndant; U% Phlintiff, which pertains to unrrimbur,..d rrasonahlr and nrcrssary mrdic"l services as ddinr, by thr PA statewide f,uiddinr for the Plaintiff incurred on or aftrr J:~.97, This mallrr is to br h,uHlled dirrctly hrtween the p,lrties unless dela.tlt occurs at which point enlorcemrnt action m.1\.' be l~~s:led through York Domestic Relations in, accorda!\~r "fith the proce,du!e~ in placr lor s~mr, Ihill.ain1i.f[j~Jill, hr earn,i~ caR!lcilY note~1 2IlJ'..1l:t-one. as no wnllrn vrnllcatlon 01 the Pbmtlff s currem medical status w,lilll!lII!i.ucl.lJUh~J:!~w~ Qllli.cr.b):-1)!is order dalr, This order considers thr Defendant's obli~.llion to one other minor child I~olll hr p.I)'S support. PC: Plaintilf! All)', E, LrCatrs Dclend.ltll flY TilE COURT, )// \ . .. .ll.':d~f #;)j4J1ttv~ Ji:il'~ Datr M,litrd 6/25/97 ~ ~ l'"l .... ,.. ..l ." .-':" .- .. :..; .. Ci M ~.. ". IJI.,.. J;. . ( ) t-) :-C (;;:_~ l ." n... r:--.:.J . ,-" ()(j -;... M ~~,' U~ riJ,- ".... t > .~~ --'1.11 C<, .:!'U t... l(.. :; '.).. " r..:. LJ_ ~j "- ". "' U (.;; UI ,@ .... ~ Cll Gl ~ ci Z B ~ !:: ::i :5 .J Z :::J ti 0( Ul,,~ ~ iii II: >- U .J Iii III ii: n. " Z .. "" " Z o ... D III ~ :::J i D. :l Ul .. ci <I:;Z 0:":5 <I: a: m III 0: m <I: ~ m G ~ Z - . r,;,\l. \300' -~ c:- - - r/ .1 4 ~ , FER I 3 fJ9/J New Matter wherein inter alia she averred Ihat the parties had not been sepanllcd for two (2) years. Respondenl also raised Ihe claims of equitable distribution. alimony. alimony pendente lite. counsel fees, eosts and expenses. 7. On January 6, 1998. the Hononlble Michael J. Brillhart detennined thallhe parlies separaled on November 14, 1994. A copy of said Order is marked as Exhibit "A" and attached herelo and incorporated by reference herein, 8. The parties executed an Antenuptial Agreement on February 28, 1988 which defines the marital properly and its distribulion in the event of divorce. A copy of said Agreement is marked as Exhibit "B" and attached hereto and incorporaled by reference herein. 9. Since Ihe divorce claim is not at issue and Respondent's ancillary claims are preserved by Ihe pleadings, no prejudice will oceur if a divorce is granted prior 10 the adjudicalion of the ancillary claims. 10. The advantages of bifurcation are numerous. Because of Ihe Antenuptial Agreemenl Ihe dislribution of the property and the resolulion of Ihe ancillary claims are narrowed. Bifurcation will allow the parties to finally reshape their lives and untie their hands as a married couple. There are no marital assets which will be jeopardized by Ihe entry of a divorce. Bifurcation will also allow the parties to take advantage of a lower tax nlte filing (as single individuals). 2 In making that finding we find husband's recall to be specifically clear and credible, and wife's to be clouded. Clearly she was involved in a motor vehicle accident in early July of 1996 and has had a short-term memory loss. We conclude that her rendition of the facts from mid to late 1994 and the recitation of the facts over the intervening period are based primarily upon her clouded recall, supplemented by what she has been told by family members. We also note that although husband admits that he returned to the marital residence for three to four days in approximately February of 1996, it was for purposes of accommodating family needs surrounding the death of a member of wife's family and no effective reconciliation occurred at that time. We secondly find that husband has not carried his burden of establishing facts which would constitute a defense to wife's entitlement to spousal support from a liability standpoint. We conclude that although the parties had troubles and difficulties in their relationship for a number of years, that his withdrawal from the residence was initiated essentially for his own reasons and that he has not established entitlement to a divorce on fault basis as would be necessary to establish forfeiture of wife's entitlement to spousal support. With those two specific findings made, we conclude that there are other issues related to the effect of an antenuptial agreement entered between the parties February 28, 1988, as it affects entitlement to spousal support and earnings determinations for either actual earnings or earnings capacity of wife. We adopt the determinations of the conference officer in regards to husband's net monthly earnings of $2,344.63 and direct counsel to submit to the Court within two weeks after this date their specific requests for findings of fact and conclusions of law addressing the issues referenced. * * * cmm 1-l4-98 2 1.04 Liability for Debts Incurred Durinq Harriaqe. The Parties intend by this Agreement to establish the nature of all debts incurred by either Party during marriage as either the individual separate 1iabi1i~y of that Party or as a liability of the Parties jointly. 1.05 Property Riqhts on Termination of Marriaqe. The Parties enter into this Agreement and into marriage with the intention that their marriage shall endure until terminated ~y the death of one of them, However, the Parties recognize that due to circumstances unforeseen or unknown at this time the marriage may be terminated by divorce or permanent separation. Therefore, the Parties intend by this Agreement to establish their respective rights in all property in case the marriage is terminated by divorce or permanent separation. The Parties intend to set forth criteria by which property may be classified as separate property or as marital property, thereby establishing the scope of any equitable distribution of marital property pursuant to a divorce or permanent separation of the Parties. 1.06 Intent to Establish Support Rights on Termination. The Parties intend by this Agreement to determine the obligation of each to support the other on divorce or permanent separation. 2.01 ~ARTICLE II. ......':-.. Re resentation b The Parties acknowledge P$C-1-'1"1I;1:5" the the Wife ,pre"""d,..~,yt. Esquire, O1Ut -2- Esqu ire, who has draft d The Husband has chose n not to The Husband understands that he has the r igh t to be r by counse 1. ~ 2.02 Disclosure of Property. Each Party to this Agreement has given the other a full and complete disclosure of the income, assets, and obligations of the Party. A list of income, assets, and obligations of Husband is attached as Exhibit "A" and incorporated by reference. A list of the assets, income and obligations of Wife is attached as Exhibit "B" and incorporated by reference. It is understood that the figures and amounts contained in Exhibit "A" and Exhibit "B" are approximately correct and not necessarily exact. Husband and Wife have known each other prior to marriage for approximately five months. The gross value of Husband's property is approximately fifteen thousand ($ 15,000 Dollars, not including household goods, clothing, and miscellaneous items, not exceeding ~ntv-five thousand ($25,000) ($ 25,000 l Dollars in total value. Husband's total indebtedness is approximately SlO,OOO (ten thousand) ($ 10,000 ) Dollars, leaving an approximate net worth of thirty thousand ($ 30,000 ) Dollars. The gross value of Wife's property is approximately ninty thousand ($-9 0,000 ) Dollars, not including household goods, -3- 3.02 Property Acquired Durinq Marriage. The full value of all property that either Party acquires ducing marciage by way of gift, devise, bequest, oc descent shall be the sepacate property of that Party. Also, the full value of any property acquired during marriage by a Party that is acquired with procees pursuant to any sale, other disposition, or change in form of separate property shall remain the separate property of that Party. All property acquired during the marriage that is held in joint names shall be considered joint marital property. All property acquired in individual names during the marriage shall be considered separate property of that Party for all purposes including equitable distribution and estate purposes. The manner in which title is held shall be dispositive of the nature of the title, whether individual or joint. 3.03 Control of Separate Propecty. Each Party shall have the absolute and unrestricted right to manage, control, dispose of, or otherwise deal with his or her separate property free from any claim that may be made by the other Party by reason of their marriage, and with the same effect as if they had never been married. By this Agreement, each Party waives, discharges, and releases all right, title, and interest in and to the sepacate property that the other Party now owns, or acquices after the execution of this Agreement, or acquices from the proceeds of any separate property now owned. -5- 3.04 Disposition of Pro~rty on Terminat .1 of Marriaqe. If the marriage should terminate in the divorce or permanent separation of the Parties, and without regard to the fault of either Party in causing the termination, all property as set forth in Exhibits "A" and "B" to this Agreement, and all separate property as set forth in Paragraphs 3.01 and 3.02 of this Agreement, shall remain the separate property of the respective Parties. Neither shall claim or have any right to compel the equitable distribution of any separate ~roperty of the other. All marital property, regardless of the form in which title is held, shall be subject to a just and equitable distribution between the Parties. ARTICLE IV. SUPPORT AGREEMENTS 4.01 Support of Parties on Termination of Marriage. If the marriage should terminate in the divorce or permanent separation of the Parties for any reasons without regard to the fault of either Party in causing the termination, each Party waives, releases and completely discharges the other Party from the payment of all obligation to make alimony payments regardless of financial status of the Party at the time the claim is made. The Parties, however, do not waive their right to receive spousal support for a maximum period of three (3) years after the time of separation, so long as the Parties are legally eligible for support in accordance with the legal principles then in effect. -6- The amount of payment paid by either Party to the other shall be the amount agreed to by the Parties at the time. In the absence of such an agreement, the required payment if any shall be the amount ordered by a court of competent jurisdiction in accordance with the formulae and legal principles governing the amount of support payments then in effect. 4.02 Duration of support Obligation. The support obligation of each Party shall continue until payee spouse dies, remarries, or cohabits with a person of the opposite sex, or divorce is granted. Under no circumstances shall the payments be received for a greater period than the three year period previously stipulated. 4.03. Support and Maintenance of Children. Husband and Wife are only obligated to pay for the support of the children of their own marriage. A Party is responsible to make support payments for the children of prior marriage as set forth in Paragraph 2.03. ARTICLE V. DEBTS AND OBLIGATIONS 5.01 Premarital Debts. Neither Party to this Agreement shall be responsible for any debts incurred by the other Party before the time of the signing of this Agreement, Any such debt shall remain the sole and separate obligation of the Party who incurred the debt. The premarital debts of Husband are set forth in Exhibit "A" to this Agreement: the premarital debts of I~ife are set forth in Exhibit "6" to this Agreement. -7- , . 5.02 Debts Incu~~ed Du~inq Ma~~iaqe. All debts and obligations incu~red by the pa~ties jointly du~ing ma~~iage shall be considered to be the obligation of the Pa~ties jointly. All debts incurred individually shall be solely the ~esponsibility of the incu~~ing Pa~ty. 5.03 Dispositions of Debts in Case of Divo~ce. If the ma~~iage of the Pa~ties ends in divorce o~ permanent sepa~ation, all p~ema~ital debts of the Pa~ties as set fo~th in Exhibit "A~ and "S" to this Ag~eement shall ~emain the sole responsibility of the Pa~ty who incu~~ed the debt, ARTICLE VI. RIGHTS OP INHERITANCE 6.01 Requi~ed Testamenta~y Disposition. Husband and Wife ag~ee that on o~ prio~ to ma~~iage he o~ she will execute a Will which will include a bequest of the residential real estate owned at the time of death and a one-thi~d (1/3) share of the ~emainde~ of the net estate afte~ deducting all allowed claims and costs of administ~ation to the othe~ Pa~ty. Although this provision ~equires that each spouse make a specific testimentary disposition, the provision itself is not a testatmenta~y disposition, and this Ag~eement is not intended as a Will. This provision shall ~emain valid and enfo~ceable against the estate of eithe~ spouse regardless of the contents of any p~esent o~ futu~e Will o~ Codicil that eithe~ spouse may execute. -8- 7.03 Aqreement to Join in Execution of Other Instruments. The Parties agree that each shall willingly, at the request of the other, or of his or her successor or assignee, execute, deliver, and properly acknowledge whatever additional instruments may be required to carry out this Agreement. Each shall execute, deliver and properly acknowledge any deeds or other documents so that good and marketable title to any separate property may be conveyed by one Party free from any claim of the other Party. 7.04 Duty to Support Children of this Marriage. Nothing contained in this Agreement shall be construed as absolving either Party of his or her legal duty to support any minor children of this marriage and to provide them with an educaiton suitable to that Party's circumstances. 7.05 Entirety. This Agreement contains the entire understanding of the Parties, and no representations or promises have been made except as contained in this Agreement. 7.06 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 7.07 No Limitation of Inter Vivos Transfers, Nothing in this Agreement shall affect the right of either Party voluntarily to tranfer real or personal property to the other Party with or without consideration, or the right of either Party to receive ~ -10- PAGE T\~'O Ann E, Kroh-Hu~hes 1'I,Iillliff DRO NO, ~ ~J.mld G, l'hld~L Ddelul.'lll Docket Nn, 15.\ SA 1997 ORDER OF COURT NOW, lUlU' 25, 1997, the Court docs hereby order the Ddeud.lIlt to p~y the Offin' of DOllleslic Rebtiolll the slim of Ei~llly Nine DoII~rs amLllilJ:mU. ~.2.2Q..Jler ~ for the sUfPon of ~ as ~lIoc~ted on p~ge one effecti\'e the m.:cli ~;I~l~d~y. l~nuan:...ll..l9.2Z, this order to cominue ullli further Order of the COUll, P,IY/llcntto comllleuce iI " by the [)rf~nd~1ll in the amount of the Older (or ch~nge) ulllilthe ~warcle(1 wage all,\f'hmelll is dt.ducled by tilt' t.mployer. The Defend,U\1Jj 10 provide Ite~hh insuraoce thaI is avalbble for tlte flainl iff hereiovnlved at reasonable COSI. 8nth polrties are required to comply Wilh all Policies and Procedures of Domestic R,'l.lIinns induding reponing chanl;es of alldress, emplo)'ment. insurance co\'eragclcost or nmody of children, in writing or I'el<on, wilhin seven (7) d~ys of the dl'lIlge. Willful f.tilure to inform Dommic Rdatiol\S of this requiml inforntation m,\\' resuh in the Court adjudging the p"n)' in contempt r,ursuamlO Rnle 1910,21 punishahlt' by one or more of the follo\\i;'g: jail, fine or probation. Income will he attached un ess the ohlil\or is nOlthiny days in arrears i1IllI good calise exists nnl to attach PI a written agreement is "',,ched between the pmies providing for an ahernath'e arrangement, this second oplinn applying to non-welfare C,1Ses only, Any P'IS! due support is a jutlgmelll by operation of law. Cases with !]ualified arrears will be mbmilled to the IRS intercept I',..,gr,un, Pursuant to 23 P;I,C.S.A. 4308, noncustodial parelll's state lottery winnings may he intl'rcepted for payment of 'ack support, Pursuant to 2.\ Pa,C.S,A, 4.\52~1), both parties arc emitled to reqllest a review atle.lst once every 3 }'e.lIs from thl' date of the most recent order or modificallonllpontlte filing of a petition tn modify. There is a $.20 per weel< ser\'ice ch,lIge that must he raid by the Drfend,lI11. Amars arc .$21.\6,00 tn flllillill as of 6.21-97 P,1)'melllS on arrears shall be in the following prilllity: S1Q.QQ per ~ on Slll'port arrears accoum number Q2QJ1.1 $_ per _ on birlh exper"es account number S_ per _ on HI.A blood test accoum nUlllher $_ per _ on account number $_ per _ on account number If at any time after the entry of this order, the total suppon arrears exceed ~.Q.,QQ, the arrl'.1IS payment on the case sh.tll ,uoomatically increase to $~QQ per~, to continue until full p.lyment of all arrears or further order of court. A wage aIlachment in the increased amoulII shall automatically issue withollt fllnher notice, Arrears pa}'lnent listed above are minimum p,lyments required hy tltis Order of Court. Formula Income Amount Defendant 2144,63 Formula locome Amount Pbimiff !!l!2..IR Guideline Amount of Support mYZ (Base ~ Additional Q) Medical Split, if applicable Zl.% Defendalll; U'Yo Plaintiff, which penains to ullreimblllsl'd reasonable and necessary medic,,1 services as defined by the PA statewide guideline for tbe fuilllill incurred on or after IR.97. This matter is to be handled directly between the parties unless default occnrs at which point enforl"elllelll al"tionlll.l\' be purs\ll.d through York Domestic Relations in accordance with the procedures in place for same, :rhe PlaintifliUl~hL\.Qjbe taruiD~ ggwl.}' nQ\~d 1lI1 pa~e one. as no written verification of the PI.lintiff's current medical status was sllloJltilllitto lhe HearinJ: Ollieer by tlis order d,lle. This order consid~l:ilb.e Defendalll's obli~;llionto one other minor dlildJllr.row.m he ",Irs suppon, pc: Plo,intiff/Atty, E, LeCatrs Ddend,1I1t II)' TilE COURT, 1'1 ' . ' / '~: ~d-(J-f !f04d1tt~ " ~- jUllge , D,IlI' ~I.tilt'd fJlJ.'H2l l\1n~~