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HomeMy WebLinkAbout97-04187 ~ ~ ~ ~ ~ ~ ...... *. .la . ~ ~****--~~*~**~~~,~***>-*---**--~ *;, .... ..~....... ~ ~_'__'" ~..., ... ... _". ~ ._. ...-.._ -'" _ ......._ __ ...._........_ ~. ,.~.__,... 'h .....~__ ", . ~. _.. _ .. .,_.--~__,._.....~_..,..___ . -. ~_..__~..~,.__~ ._~.~~.__.._ _........ ~ ~: : \ ~.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. M! . i ~; ~! ~l ~' ~l .') 8 8 CAROL L. WINN i\ II, 4187 Ciyil II) 97 81 ft.1 ~~ ..-/ . i ~\ '\ ..:.( :,( \'\'r~tl..1, SCOTT R. WINN ~l 1i.! .~ ; DECREE IN DIVORCE AND NOW, ' ' .. ,A'f' r.;l, .7-.~.. ,. .. " 1999,.. it is ordered and decreed that..,..""."., C.AR~~. .L~, \iIN~..,...,.".."..".. plaintiff. and. .. , , , , .. ... , .. ?,COTT, ,R~. ~.INN, . . . . . . . , ' , .. ,..... defendant. are divorced from the bonds of matrimony. ft.! 'I 8i t1. J ~! ~! 81 81 81 8 8 8 8 8 8 8 8 a 8 . . . '. 8 8 8 The court retains jurisdiction of the following claims which have . 8 been raised of record in this action for which a final order has not yet been entered; ~ AND IT IS FURTHER ORDERED, that the terms, conditions and ~ covellMts l5~t !prth in. tl'le, wrltt.l'ln Separ"UOllAnd. .P.rope.z:ty Se~t1ementIE Agreement made and entered into by the parties on April 9, 1999, are. incorporated into this Decree by reference thereto,' but not merged into this Decree. IJ v ThO' )y [/ i . J. rr~\thnt\nt,"" . ..~~'4'1...W..~.~~..K'~ w .., w .., ~ $ .j ~ ~ ... M l~ f8 'K i. ~v i." l~ ?~ ,. l~ , (~ ; ~.' ) . (~ ( ;8 , . '~ .~ ,~ ~ ~ ~ !i ~ ~ ~ ~ " ~ WHEREAS, the parties have mutually entered into an agreement for the division oflheir jointly owned assets, the provision for the liabilities they owe, and the provision for the resolution of their mutual differences, after both have had full and ample opportunity 10 consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors. assigns and personal representatives, do hereby covenant. promise and agree as follows: ARTlCtE I SEPARATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit. free from control, restraint, or interference. direct or indirect, by each other. Neither party shall molest the other or compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing pro\;sions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart ARTlCU: II DIVORCE 2.1 This agreaaent is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties ~ hereby warrant and repru.c.4 to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution. prosecution. defense, or for the non-prosecution or non-defense of any action for divorce, provided. ho~. that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing. instituting or prosecuting any action or lCtions for divorce, whether absolute or otherwise. upon just. IegaJ and property RfOUnd. nor to prevalt either party from defending such action which has been. may be or shall be instituted by the other party, or from making any just or propenv defense thereto It is warranted. covenanted. and repl(~lted by Husband and Wife, each to the other that this Agreement is lawful and enfon:abIe and this Warranty, covenant and repmentation is made for the specific purpose ofinduci~ Husband and Wife to e'ecute the A,lIetDldll tlusband and Wife eadl knowingly and understandingly hereby ~ai\" any and all possible claims that this Ajtftt'mem is. for any reason. iUqtll or unenforcahle in ~itOIe or in partv Husband and Wife do eadl hereby warrant. CO\-enant and agne that. in any possible e\-ent. he and she are and shall fomoer be estopped from auatintllllY ilIepa/itv or lI1lentbrceabit as to aD or IllY pan of this A,1UnlC>4 2.2 The panies acknowledge that a Divorce action has been filed in the Court of Common Pleas of Cumberland County. Pennsylvania at 97-4187 Civil. The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the execution of this Agreement 2.3 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the panies are accepted by each party as a final settlement for all purposes whatsoever. Should either of the panies obtain a decree. judgment or order of separation of divorce in any other state, county, or jurisdiction. each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. and that nothing in any such decree. judgment. order. or further modification or revision thereof shall alter. amend. or vary any term of this Agreement. whether or not either or both of the parties should remany. it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree. judgment. or order of divorce or separation. 2.4 It is specifically agreed that a copy of this Agreement may be incorporated by refen:nc:e into any divorce. judgment or decree if or whenever sought by either of the parties bemo. such incorporation. however. shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICl.F. III EOUIT ABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have anempted to divide their marital property in a manner that confonns to the aitena set forth in Section 3~02 of the Pennsylvania Divorte Code and ta1dna into account the following considerations the length of the marriage. the prior marriaga of the parties. the .. health, station. amount and sources of income. VOCItio "skills. employability. estate, liabilities. and needs for etch of the parties. the contn'bution of one party to education. trainintt. or incnastd earniIl(l power of the other party. the opportunity of each party for Nnue acquisititm of capital assets and income. the sources of income of both parties. including but not limited to medic:al retirement. insurance or other benefits. the contribution or di".ti\"" of etch party in the acquisition. pmervabon. depreciation, or apprttiation of marital properlV. including the (()ntfibutioa of, party IS a honltmlker. the value of the propert\ set apart to etch party. the staIldard ofli\'intt of the parties established durintt their ~. the economic ciKumstanccs of The parties acknowledge and acccptthat this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and Wilh such knowledge that execution oflhis Agreement is not the result of any duress or undue influence and that it is not the resuh of any collusion or improper or illegal agreement or agreements 6.2 Counsel Fees The parties agree that they will each be responsible for their respective costs and attorney fees associated with this action. 6.3 Mutual Release Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all rights, title. and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liability of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rigllts, family exemption, or similar allowance, or under the intestate laws. or the right to take against the spouse's estate. whether arising under the laws of (a) Pennsylvania, (b) any state. commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof It is the intention of Husband and Wife to give each other by execution of this Agreernent a full. complete. and general rdease witb respect to any and all property of any kind or nature, real or personal, or milled, which the other now owns or may hereafter acquire, except and only except. all ri!d1ts and agreeRleI'lts and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof .... !!~..KJ!fTfSl.~'O'J."9ims Except as provided for in this ~nt. each of the pu1ies hereto shall have the rights to dispose 'lfhis or ber property by I..&st Will and Testament. or otherwise, and tach ofthmll!lfCeS that the estate of tile ocher. whether ~ penonaI or milled.. shall be and btIont! to the person or persons who would have become entitla1 hereto IS if the dncmdant bad betn the last to die This pro~ision is intended to constitute a mutual wai~'ft' by tllle pu1ie\ of any ritthts to take against each other's last Will under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto Either party. may. however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal. real. or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other lI.llt\1l!p1 neither Husband nor , , , Wife will claim against or contest the Will and the estate~ other Each of the parties I, hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratix of the other party's estate Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs. executors. administrators and assigns. that he or she will never at any time hereafter sue the other party or his or her heirs. executors. administrators, or assigns. for the purpose of enforcing any of the rights relinquished under this Paragraph. 6.5 Warranties Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable. except as may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party harmless from and against any and all such debts. liabilities, or obligations of each of them. including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrants, covenants, represents, and agrees that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable, 6,6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same natllR, 6.7 Husband and Wife CO\'tII8Ilt and agree that they will fof1hwith execute any and all \\jrilten in.~ruments. assignments. rdeases. satisfactions. deeds. notes or such ocher wTitings as may be MCeSsaI'\' or desirable tix the property implementation of this ~eenH:nt. and as their rnp<<th-e coonKI shall mutually agree should be so eucuted in order to wry fuRy and eft'ecti\-ely the terms of this l8leenlCl1t Each of tile pattia shaD from time to time, at the request oftbe ocher, e:tecute, adoo,,1ed!te and ddMr to the parties funher acknowledge that Husband has filed an inventory and appraisement as required by Section 3505(b) orthe Pennsylvania Divorce Code. Notwithstanding the foregoing. the rights of either pany to pursue a claim for equitable distribution pursuant to the Pennsylvania Divorce Code, of any interest owned by the other pany in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other pany or his or her counsel prior to the date of the within Agreement is expressly reserved, In the event that either party. at any time hereafter. discovers such an undisclosed asset. the pany shall have the right to petition the Coun of Common Pleas of Cumberland County to make equitable distribution of said asset The non-disclosing pany shall be responsible for paymenl of counsel fees, costs, or expenses incurred by the other pany in seeking equitable distribution of said asset, Notwithstanding the foregoing. the Agreement shall in all other respects remain in full force and effect, 6.14 Enforceabilitvand Consideration, This Agreement shall su....ive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties. and any independent action may be brought. either at law or in equity. to enforce the terms of the Agreement by either Husband or Wife until it shall have been funy satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties of the other. The adequacy of the consideration for all agreements herein contained and stipulated is confessed and admitted by the parties. and the parries intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged pany has so breached the Igreement the breaching party shall be responsible for any and all attorneys' fees as wetlas costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement 19ainst the breaching party, If either party breaches any provision of this Agreement. the other party shall haV1: the right. It his or her election, to sue for damages for such breach, or seek such other remedies or relief IS may be lvailable to him or her. and the party breaching this Agreement sha1I be responsible for payment oflepl ...... """ """"'" by "".."";'~ ,.,- I} ~ \ ~ ---, , " . ~(~'::v'" l(.', ILlV' ,.' ~.. .. . CIm/1. Wioo . t Wioo - -~~ C8) r:: r.... .r:"!"'.-.- rt.: ",,*,-"'" ~'-:- r".t ,. .." ';~'!OJ ~ "... I J CJ7 Jf',~ . 1... l"'i ",. I ;" ",: nn ~ C. .. '\"-1. " T'y i"j, , '. $1 ^1 S"'. S"'(J $:00 '- lIS-.DO -.~ 4JJ.( L G~ ~. ;)).5: SO j)cL {tUy elt... dI SO{, r R.1L ~"IC;7't LA_ 0."",.. HEPFORD. SWARTZ" MORGAN III N..... f_. 5..", P.O. ...... H"..tfI*~ ",1i~,,,,..1ft.I7I""'" r.",......,., ~Ul .- v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 91- .l.j/j>'l e",'L kflJ>? CIVIL ACTION - LAW IN DIVORCE CAROL L. WINN, Plaintiff SCOTT R. WINN, Defendant COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Carol L. Winn. an adult individual who 1s sui juris and whose mailing address is P.O. Box 186. Enola. Cumberland County. Pennsylvania 17025. 2. Defendant 1s Scott R. Winn. an adult individual whose work address is 1735 Analog Drive, Richardson, TX. The present whereabouts of the Defendant. Scott R. Winn, to the knowledge of the Plaintiff, is the same. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 11. 1988. in Nebraska. S. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 1. The Defendant is not an active-duty member of the Armed Services of the Ullited States or any of its Allies. He is 13. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 14. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite. counsel fees and expenses incidental to this divorce action. WHEREFORE. plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; c. Directing the Defendant to pay Alimony to the plaintiff. d. Directing the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the costs of this proceeding. e. For such further relief as the Court may determine equitable and just. {/)-,./{ &.Jd-- ~~~ L~~. Esqu1re Dennis R. Sheaffer, Esquire DPl'OlD, SWARTZ . KQllGAN 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 4, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. S. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date: 4/9/99 ~ ~li~ ~r No: ~~_~a ~t - AFFIDAVIT OF CONSENT 1. A Complaint in Divorce und...r Section 3301 (c) of the Divorce Code was filed on August 4, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. S. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date I 419/99 .... ( . \:} "-' .~ , '0 t.." '. : " t~ J . . ;"-l i:: -j ...J IJl ..... CAROL L. IN THE COURT OF COMMON pLE~'1:-o(~ u:;;, CUMBERLl\!iB;,~OUNTY, PENN~L~~':''co '1 \. ~~~~..~~;"!' . ";", O'r NO. 97~~~~~~1tr~j. ~ j'-:~ .-'( it' to""-.lU\::!l.,j~ '.,j ~ .t-~.. ~ CIVIL AC I~~~'I"i- Ju_~~..~ ~ I't.. IN DIVOR ~~y~~.t- ~!-'."l..o:t .... r,,' . ~..'''''' ').. .... ... ,<> :-- '" ~. . (\ .{) :." l - ",et'hls,,.. AI<. frS'{r,e:._" .():-, -;; 't."'~ ~;_ r ......c.~,.ot.^'..)....:--... ..,~"~ DEFEND AND CLAI{lfuiT~ ~~ <")JJ. tl~; 't t ~ l. t } )1.~=;~ ~.r '" p~ You have been sued in court. If you !Wish to del"~~""ag st; ) r -.\. the claims set forth in the following pages, you must ~tak~ p pt: ~ f ~ action. You are warned that if you fail to do so, ~e case ay. I' .- ~ proceed without you and a decree of divorce or annul~ent ma ~be : , ~ entered against you by the court. A judgment may als~be ent red: ::-- \' -' against you for any other claim or relief requested in hese papers ~ S ~ by the plaintiff. You may lose money or property or 0 her r~ghtB ~ important to you, including custody or visitation of yo~ children'. } When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013 WINN, S.'U;fl~ Plaintiff ,.,-=- -/ -] ? 7 v. SCOTT R. WINN, Defendant A"1,f..... sJl''''''' "y01,.,., 1" /'}.:J.~-an.aL.. J,; I b ~o fL/' . J "f' NOTICE TO I-U, lttVtJ".,., IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DEP. '0, DATI ~g-L_l',1 La~er Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephone No, (717) 240-6200 Me ton, Esquire . Sheaffer, Esquire DPPORD, SWARTZ " NORGUf 111 North Front Street 1'.0, Box 889 Harrisburg. PA 17108.0889 (717) 234-4121 ATTORNEYS FOR PLAlNTIFF DALlAS COUNTY OfF/c[KS fEES COllECT[{) . CAROL L. WINN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SCOTT R. WINN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Carol L. Winn, an adult individual who is sui juris and whose mailing address is P.O. Box 186, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Scott R. Winn, an adult individual whose work address is 1735 Analog Drive, Richardson, TX. The present whereabouts of the Defendant, Scott R. Winn, to the knowledge of the Plaintiff, is the same. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately prev10us to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 11, 1988, in Nebraska. S. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not an active.duty member of the Armed Services of the United States or any of its Allies. He is a member of the National Guard. 8. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. COUNT II: CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 501 Sample Bridge Road, Enola, PA 17025 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT I I I : CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE The Plaintiff has no adequate means of support for herself except as provided for by Defendant. 1~. Plaintiff is unemployed at the present time. Defendant is employed at Digital Speech Systems, Inc, Richardson, TX. COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPDlSES IlNT\n SECTION 3702 OF THE DI~RCE CODE ~ HEPFQ]Q ~W~_RTZ__~ MORGAN 1I1'''II'llIll'lll~() I'c. III C. S"A~II' J."Ml" G. MOR(,'\". lit 5AM1~A L Mill'''' 5f11'1II\ M. G~IHIII~ I~ 01\\" R S'II-""~ RllIl\KO A, 1:...to\l1tl M'''''II II 1',.. A\llRI\\' K. Srtf/~t\\ L'" l'HICU III NOfllll Hh''l1 \t.u.r 51A\11'\ II. SlIl.I1 01 elll''''' Pl.l Ik"'l" /lN1 .(I.ltfllll....4.(llllrlfl4.1 ,\II\(Il.n '''!HI '''''11.'''''1 !Ill4..[lI1f T.'''l AIl\,..' l 11.\.,,1\11\1.("..1':\ 171lM~l IlLll't""'t 717-2:14-4121 August 5, 1997 fAt 717-2.12-<>'10'2 Tl'U rllt IllJll-2S7-4121 Sheriff's Office Civil Division 133 N. Industrial Blvd. Box 31 Dallas, TX 75207 ~ RE: Winn v. Winn Dear Sir/Madam: Enclosed please find two copies of a Divorce Complaint filed in the Court of Common Pleas, Cumberland County, Pennsylvania. Please serve the certified copy on Defendant, Scott R. Winn. Mr. Winn is currently employed at Digital Speech Systems, Inc., 1735 Analog Drive, Richardson, TX. We have recent information that Mr. Winn may be changing employment. For that reason it is important to obtain service as soon as possible. , have also enclosed a check in the amount of $45.00 for your services and a self-addressed stamped envelope for the retum of the second copy of the complaint on which you will indicate service is complete. If you have any questions, please feel free to contact me at 717- 234-4121 or 1-800-2574121. Thank you for your prompt attention to this matter. u..UJl....~ l"-'..-" Very truly yours, 'l;,OD. SWARTZ · MORGAN A~J2~. ~~~ 1~ly A. 'evens, par.lepl to Sindta L. Meilton J2 ,,.,.n "'".... ,\tIUl h\ "'''' ,.,1 IUs t 1.1'h"~ " ll\l44-\.W'\f {no. Iut""....... n:-~_..~\ CAROL WINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - I.AW . . VB. NO. 97 - 4187 CIVIL 19 SCOTT R. WINN, . . Defendant . IN DIVORCE . STATUS SHEET DATE: ACTIVITIES: .1' I a 'i . >~ll 1m. a'1l'WU'll.~ - '* 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 Trecl Jo Colyer Olliee ManageriAeporter We.t Shore 697-0371 Ext, 6535 November 30, 1998 sandra L. Heilton, Attorney at Law TUCKER, ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 RE: Carol Winn vs. Scott R. W1nn No. 97 - 4187 civil In Divorce Keith B. DeArmond, Esquire DeARMOND & DeARMOND 2800 Market street Camp Hill, PA 17011 Dear Ms. Meilton and Mr. DeArmond: By order of Court of President Judge George E. Hoffer dated November 19, 1998, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on August 4, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, al1mony, alimony pendente lite, and counsel fees and expenses. On August 28, 1997, the Plaintiff filed an amended complaint including the additional groundS for divorce of indignities. If the parties are not willing to consent to a divorce or have not been separated for a period in excess of two years, please advise immediately and I will schedule a hearing on the grounds of indignities. I am going to proceed on the assumption that grounds for divorce are not an issue. I am directing each counsel in accordance with P.R.C.P. 1920.J3(b) to file a pre-trial statement on or before Monday, December 21, 1998. Upon receipt of the pre-trial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the i.sue. and, ~ . Ms. Meilton and Mr. DeArmond, Attorneys at Law November 30, 1998 Paae 2 if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in sUbdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. CAROL WINN. plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . : NO. 97 - 4187 vs. : : CIVIL ACTION - LAW SCOTT R. WINN. Defendant : : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Carol Winn Plaintiff . Sandra L. Meilton . Counsel for Plaintiff Scott R. Winn , Defendant Keith B. DeArmond . Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 Hanover Street. Carlisle. Pennsylvania on the of , 1999. at place and time you will be given the opportunity to present witnesses and exhibits in support of your case. North day a.m.. at which President Judge Oate of Order and Notice: By: Divorce Master IF YOU DO NOT HAVE A LAWYER Oil CANNOT AHORD Om:. GO TO OR TELEPHONE TNE OFFICE SET FORTH BELOW TO t'lND OUT WHERE YOU CAN CET LEGAL HELP. CUMln:IH.AND CoUNTY """ ASsOCI AT ION :2 l.ltlEtrTy ^V~M'F Cl\lltlSLF. \,,\ lilll; 'l'fi,n'Untit: ('11\ ,'4'1 II"" TUCKER ARENSBERG & SWARTZ April 6. 1999 IHe ~"^,,'l * IA\fL\C "k)fH~^"".IR ,,"''"^ I. ~bJi 100. ~lU'tjf' '-1 CRlltltt_k.JR 11l'''"'t'tR.'lifl.^'IIR J M",",ClJUn Ot.-\Ru.)JV"nf( ItilRI y' tJIl tI {.Nll"P I {If\-' CttRNt.-"nUl J RJIWl-Jf(~ R.ItNtJl,", L"'l~_~_\ ",...'1 \' Ru (.U \u"",...\1 ~K.tl't"... \1 "'<.1.1' II 'cIUI .. AT10Rt'EYS ., ,,,'Ut-..... ,,_ ~.l" ~....1I '11" ". ......~... "'.-.lIF;.r....,.....,.'''. Robert E. Elicker II, Esquire 9 North Hanover Street Carlisle, PA 17013 .',I'.'lPfl, RE: Winn v. Winn Dear Mr. Elicker: In connection with the above divorce matter which is currently scheduled before you for a pre-hearing conference on AprilS, 1999. the parties have reached an agreement as to final settlement of their domestic matters. The Agreement has been drafted. signed by Mrs. Winn and then fOlWarded to Mr. WiM in Texas for his signature. It is our understanding that Mr. Winn has executed the Agreement and it is on ill way back to his counsel. Keith DeArmond. Mrs. Winn has also signed an Affidavit of Consent and a Waiver and it is our understanding that similar documents have been executed by Mr. Winn. In light of the agreement reached by the parties, it is respectfuDy requested that the pre-hearing conference on AprilS. 1999 be cancelled. It is our hope that we win shortly be providing you with two copies of the Agreement 10 that your appointment as Master may be revoked. Thank you for your cooperation in this matter. Sincerely, TUCKER ARENSBERG & SWARTZ .J:L<i+I./(Aa.i~/L' Sandra L MeilWi SLM:gmr cc: KeIItI B. DeAtmond, Esquire Mrs. en WIM t&Ul.l ml\l()ql>HROOlTSTRHl POl!OJllll9 .~l\tIUf\{."" Hh:l8(lN!l 'PI:}Hll' _~.!t.,;, fACSltlIlt1umaot ~~....'~ '~~_-"'~i'\:.'.8.A.&! t~"-''';.;&&-'*-' ,,~-~,~ "~11"-~ .,,'*:->-t~:iO.... l'-~,,#,,,,,v~:,; .',.~.,.'.' .:.-...,~<~ 1.,.,....tW'M... .:"...\_...~ '~Wl",' "'......r; ..-,~...'~~....;(~....;:._ ,-,!t;'-...",...*-""Q,~t. "'-,...,.._.....+". C-'-. ;f--,/"'il--y ij..-,.,..,.'liIIW.~"'" l'f"'lt-'tJlt. "'-~......~.......~ .... (0) [; !:\= (~ t.: >' UJ r:~ ., :'--{ (', -,' 1( , ). .:~-j :c , '.-' ~ 0'- " 6;7< -n :-~! u';. c" -' i'(' 1 ~ c.., ' ;- ,.I:H f U. ~_.I;~l.l. UJ tj ,... :;:i ~ U ......_<~__""-_i-'...:.;.......,"""""-.,.."....,.....;,.."'.""-",~ . . . ;r; 1$ IE =~~5j~ ~... ~ I( -. ,... 1S~':j it: !~i~.ti .. :it =.... Q _ . 001 s= ..: II. . ... , :: = . "...""'.,'...-..."'....- . ..~~. t .1991 . t)'SEP " CAROL L. WINN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 4187 Civil 1997 SCOTT R. WINN, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ~ day of 0, t..bc.,. 1997, upon consideration of Plaintiff's Petition for Immed1a~- ~ Relief and the Petition to Make Rule Absolute, it is hereby 'ORDERED AND DECREED that: 1. The entire net proceeds realized by Carol L. Winn and Scott R. Winn, from the sale of real estate located at 501 Sample Bridge Road, Enola, CUmberland County, Pennsylvania and adjoining lots or parcels of land, anticipated to be held between September 15, 1997 and September 22, 1997, shall be deposited into an interest bearing escrow account with the parties' counsel as escrow holders, until: a. the parties come to an agreement as to the division of said funda or that the Court -y order an appropriate equitable distribut10n of the fundal or b. a hearing ia held on this i.sue and an Order entered accordingly. " t- . '"' i: , if ft ~ t"- f .t'~ ~.~ l , ~.. I 4 ~ ~ t ~ . t~ . .... >,,-.:::\ ~- \\.., ... 1"1 ~.,jJlb -< ... ~\ ,:) :\.- 1" * - t" l 2. As soon as administratively feasible after the opening of the escrow account, counsel for the parties (currently Sandra L. Meilton, Esquire for Plaintiff and Keith B. DeArmond, Esquire, for the Defendant), as escrow holders, are directed to forward payment from said escrow account to the Cumberland County Domestic Relations Office in an amount to satisfy Defendant's total arrearages at that time, said sum also to be debited against Defendant's share of the sum ultimately determined to be his share of said escrow account. 3. On a monthly basis, while the escrow account is in existence, if payment in the amount of $1,061 is not received by the Domestic Relations Office of Cumberland County by the 10th of the month, counsel for the parties (currently Sandra L. Meilton, Esquire for Plaintiff and Keith B. DeArmond, Esquire, for the Defendant), as escrow holders, are directed to forward payment from said escrow account to the Cumberland County Domestic Relations Office in the amount of $1,061 per month, to be debited against Defendant's ahare of the sum ultimately determined to be his share of said escrow account. BY THE COURT: . CAROL L. WINN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 4187 Civil 1997 SCOTT R. WINN, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO MAItB RULE ABSOLUTB: AND NOW, comes the Plaintiff, Carol L. Winn, by and through her attorneys, Hepford, Swartz & Morgan, and petitions this Honorable Court as follows: 1. A Petition for Immediate Relief was filed with by Plaintiff on September 5, 1997 and a Rule was entered by Honorable J. Wesley Oler, Jr., returnable seven days after service on Defendant and/or his counsel. 2. Said Petition and Rule were forwarded to Defendant's counsel and same was received by them as noted below: a. G. David Heiman, Esquire, Lew1sville, TX, forwarded by UPS overnight mail and received by T. Stanley. on his behalf on September 11. 1997 at 11:32 a.m. b. Xeith 8. DeArmond, E.quire, Calllp Hill, Pennsylvania, forwarded by U.S. fint CAROL L. WINN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 4187 CIVIL 1997 NO. SCOTT R. WINN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the CUmberland County Court House, One Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator CUmberland County Courthouse Carlisle, PA 17013 Telephone No. (717) 240-6200 r-I J. 4'~~ sa~n, Esquire Dennis R. Sheaffer, Esquire BUroJD. 8MAJtft . IIORGAH 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 2H-4121 ATTOIlNEYS FOR PLAINTIFF a member of the National Guard. 8. The Plaintiff avers that the grounds on which the action is based are that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome, and that this action is not collusive. COUNT II: CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 501 Sample Bridge Road, Eno1a, PA 17025 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement beneUts acquired during their marriage which are subject to equitable distribution by this court. COUNT III: c-UfM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE The Plaintiff has no adequate means of support for herself except a8 provided for by Defendant. 12. Plaintiff is unemployed at the pre..nt time. Defendant 18 employed at Digital $pHch Syatetu, Ine, Richardson, TX. -, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW Carol L. Winn, Plaintift7Respondent No, 4187 Civil 1997 v. Scott R, Winn, DefendantIPetitioner ANSWER TO NEW MAlTER I. Admitted, 2. Admitted, 3, Admitted, 4, Admitted in pan and denied in part, It is admitted that pursuant to the aforementioned Order. arrears were to be paid ifpayment was not received by Domestic Relations in the amount of S 1,061, 00 It is denied that any and all arrearages were to be paid out of the escrow account S, Admitted. 6, Admitted. 7. Admitted 8. Admitted. 9. Admitted. NEW ~'^ TIER 10 Parapaphs I through l) are inc:orporated hertift by reklt....... IS ifset forth at length. II The I>efmdant has been wage-attaclted since at least the ." L.. of January, and payments in the amount of$530 00 per pay period haw been MIlt to l>omestk Relations punu&llt to the Order ofCoutt e ~ ~ ~ ~ :;t J2~ t .... irlpl ~i;"; ~~ ;;f-; N ]~ ~~:~ c..:. _..- ",'" ~.. :? - .,1 .- ~"''-' In !>,.' t'R - ''5'" ....c z .. ~ ~ :11 CD ~ (1' ;- ~~ ''''. ,.". ute? .. . ~ .... () ~, ~i rr J.....' "... , , ' . 2' ..... 'n ~ H I ...'1 c:. U. , " \.0' 1 ..,. If.. r- U V () @ .~ ~ ~ ;z: <C ! Q '" 0.. :::E= ;::::: . -- 5'-';;5 ~~ !S!.ii~ =_!O"I -'1Il1":ct .'#. d Q - .:: -= - -.. 0- Il- l&. . ... , :I: = . . . - . ,tJ" . . CAROL L. WINN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 4187 Civil 1997 SCOTT R. WINN, Defendant CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this stL day of ~J",~cl 1997, a Rule to Show Cause is issued upon Scott R. Winn, Defendant, to show cause why the within petition for Immediate Relief should not be granted. Rule returnable '1 days after service on Defendant and/or h1s counsel. BY THE COURT: -'" n ',.l 11 ',", .." 1 '" . ",-J , . "1 tJ;i . r . , ..." \ , , :..l !" \ ~'" , .-, " ...; U", "' 2. As soon as administratively feasible after the opening of the escrow account, counsel for the parties (currently Sandra L. Meilton, Esquire for Plaintiff and Keith B. DeArmond, Esquire, for the Defendant), as escrow holders, are directed to forward payment from said escrow account to the Cumberland County Domestic Relations Office in an amount to satisfy Defendant's total arrearages at that time, said sum also to be debited against Defendant's share of the sum ultimately determined to be his share of said escrow account. 3. On a monthly basis, while the escrow account is in existence, if payment in the amount of $1,061 1s not received by the Domestic Relations Office of CUmberland County by the lOth of the month, counsel for the parties (currently Sandra L. Meilton, Esquire for Plaintiff and Keith B. DeArmond, Esquire, for the Defendant), as escrow holders, are directed to forward payment from said escrow account to the CUmberland County Domeet1c Relations Office 1n the amount of $1,061 per month, to be debited against Defendant's share of the sum ultimately determined to be hie share of sa1d escrow account. BY THE COURT: J. 5. Plaintiff desires that all of said net proceeds be held in an interest bearing escrow account: a. until the parties can come to an agreement as to the division of said funds between them or that the Court may order an appropriate equitable distribution of the funds; b. to be held until a hearing can be held on this issue and an Order entered accordingly; and c. as a result of an Order entered by the Honorable George E. Hoffer following a support hearing on August 28, 1997, Plaintiff is to receive spousal support arrearages from Defendant's share of the net proceeds received from said real estate sale and Plaintiff is also to receive distributions from Defendant's share of said real estate net proceeds for her monthly support of $1,061 if Defendant and/or Defendant's employer do not forward timely payments to the Domestic Relations Office of CUmberland County. Pennsylvania. WHEREFORE. plaintiff prays this Honorable Court to order that all of the net proceeds received by Plaintiff and Defendant HI. .................................~... Tn, 11...... PRAECIPE Fllld .............................................. 11... ?.fH.ll ":~~~~ :~'ii:.: ':':'::;i "'i:.~'. ~;U:} ':l:':~ ~/~~ \~; '-~.~.' 'll::; :.:;::~ ;.ii ~i if. '....~ !f::~ ......... /;:#1. ~~; .~'!'...... /'i;,f.. '..,:..~ ::~!::::; "'4 *i~: "f~ ~M ':~\.'~ . "t@. ~~:~x:~ .....'fit >~::i ;:~:~ }f.~ :~:'~ ~ ~ff ,;;f.J+. :~~ ~~ ;,;if '*~ I .~ iid! Zj , '~ll ;t, i ~ I < I' ! . ..- _."~ .,-.- , " '", . . r,; .3 ". t" '-' (,; , " l:r oJ ( t, 0, t.L. (" , - r" '"r. ., I i. ( i- t .. ~ 1-. ....: U '. . j ".'-, U ~ ~ I 25 ~~ a'41~5 i~ .. = I ., ~ ... c5"'.::.ai~ .;~d'i .3l1ls..:tf . Z d 1M Q . ; "'- II- ~ ; .. :I: :: . .' .. . _-..-..~~..........,'''-;''''',.'~."..,,-..,,~-..- .' . Exhibit B.) The Order of January 26, 1998 was not appealed by the Defendant and specifically directs that the $5,702.59 arrearage be paid from the escrow account. 14. The allegations set forth in paragraph 14 are conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, it is averred that the Court Orders entered in this matter require that any arrearages on the account be satisfied from the escrow account identified in those Orders. 15. Admitted. 16. The allegations set forth in paragraph 16 are conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, it is averred that the Court has the authority to direct payment from the escrow account and that under Section 23, Pa.C.S.A. 3323(f) and other sections of the Support Statute and Divorce Code, the Court has the authority to direct payment from the escrow account for payment of support arrears. By way of further reply, it is averred that there have been no fewer than three Orders entered by the COurt directing payment of support arrearages from the escrow account and that none of the three Orders have been appealed by Defendant. 17. The allegations set forth in paragraph 17 are conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, it is averred that it is not inequitable under the present circumstances to have payments made from the escrow account. WHEREFORE, counsel for Plaintiff respectfully requests that this Honorable Court grant Plaintiff's request that Counsel for Defendant be required to disperse $5702.59 from the escrow account created by the sale of the parties' real estate to cover arrears on the Support Order and, in addition, to award counsel fees 1n the amount of $500.00 to Plaintiff for cost incurred incident to the filing of the Motion and Rule to Show Cause as to why payment should not be made from the escrow account. HEPFORD, SWARTZ & MORGAN ~~. By: -L lLeiht., *" San ra L. Me lton P.O. Box 889 Harrisburg, PA 17108 17171 2H-4121 Attorneys for Plaintiff ElhIblt A . SEP 2 2 1.l97 . .0 CAROL WINN, Pltf. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . V. DOMESTIC RELATIONS SECTION DR 26,633 576 SUPPORT 1997 SCOTT WINN, Deft. IN RE: SUPPORT ORDER OF COURT AND NOW, August 28, 1997, 9:53 a.m., the matter having been called for hearing on the cross appeal of plaintiff and defendant from the recommended order of D.R.O. of July 11, 1997, and the parties having reached an agreement, the court does accept their agreement and orders and directs as follows: 1. Support of $1,061.00 per month shall be paid by Mr. Winn to Mrs. Winn through the Domestic Relations Office effective June 16, 1997, and continuing until Mrs. Winn is employed and until we receive new pay information from Mr. Winn. The parties have agreed to recalculate the support at that time; 2. The order will be wage attached as soon as Mr. Winn's new e.ployer is made known to the Domestic Relations Office; 3. All arrearages currently existing on the order, and all any and all arrearages accumulating in the future .hall be paid frea an e.crow account which will be created fro. the .al. of ..rital property scheduled to take place on Sept..ber 15, 1997. The arrearage. shall coae froa Mr. winn's share of ExNbIt 8 1_-(' 't;.. \J,' ....... In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL L. !lINN ) Ordcr Number 576 S 97 Plaintiff ) vs. ) PACSES Case Number 970000023 SCOTT R. !lINN ) Dcfcndant ) Olhc:r Slatc ID Number ORDER OF COURT o FInal 0 Interim li) Modified AND NOW, 26TH DAY OP JANUARY. 1998 ,based upon the Coun's determination that the Payee's monthly net income is $ 1.238.00 and the Payor's monthly net income is $ 5, 8H .00 , it is hereby ordered that the Payor pay 10 the Domestic Relations Section, Coun of Common Pleas, Bighteen Hundred Thirty Bight Dollars and Zero Cents Dollars ($ I, 838 , 00 on arrears) payable ) a month ($1.838.00 for current suppon and $ 0 . 00 $919.00 as follows: s.i-monthly pursuant to an agreement by the parties attorneys. "crow account will pay arreara in full. The effective date of the order is 10/16/96 . Arrears set at $ 5,702.59 as of JANUARY 26, 1998 are due in full IMMEDIATELY. Contempt proceedings. credit bureau reponing and laX refund offset cenifacation will not be initiated and judgement will not be entered. as long as payor pays on arrears on each payment date as specified above. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of tbe means listed above. For the Suppon of: CAaOL L. wnar monthly spousal slql(lOrt $ 8 8 8 8 8 1.UI,OO 0.00 0.00 0.00 0,00 0.00 ~ 01.511 'o\'m;n: t\) :I 11 U Dlf~ftt pr..~tly owes 8:1'.00 1n pro. rated s.....1<< f.. of $;15,00 _11y, SeM.c Type M , ... c.-.."" WINN v. WINN PACSES Case Number: 970000023 Said money to be turned over by the Domestic Relations Section to: CAROL L. WINN . Payments must be made by wage attachment or escrow account . All checks and money orders must be made payable to: DOMBSTIC RELATIONS SICTION and mailed to: Domeetic Relatione at: P.O. BOX 320. CARLISLE. PA, 17013 Each payment must bear your PACSES Member Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses are to be paid 82 'Jr. by defendant and 18 'Jr. by plaintiff. Ii) Defendant 0 Plaintiff ONeither pany to provide medical insurance coverage. Within thirty (30) days after the entry of this order. the 0 Plaintiff Ii) Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum. of: I) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-paymenu; and 8) five copies of any claim forms. IMPORTANT LEGAL NOnCE p,unES MUST WITH1N SEVEN DAYS INFORM THE DOMESTIC RELATIONS SEcnON AND THE OTHER PARTIES. IN W1UTlNG. OF ANY MA TEIUAL CHANGE IN ClRCUMST ANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINtSTRA TlON OF THE SUPPORT ORDER. INCLUDING. BUT NOT LIMITED TO. LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANOI OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A rAJrIT WHO WlUJVU.r FAILS TO ItUOItT A UATE.llL4L CHAYGt IIV a.cuuSTAJlICU UAr 1E.4OJVDCl1) IN CONTDI1T OF COUIfT. AND UA r IE fiNED 0It IJlI'NSONED hac hO ftlm Cli.'" WumrID 2U02 ScM\."t TYfC " WINN v. WINN PACSES Case Number: 970000023 PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATIORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION, A MANDATORY INCOME ATIACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED thai. upon payor's failure to comply with this order, payor may be arrested and brought before the Coun for a Contempl hearing; payor's wages, salary, commissions, and/or income may be attaChed in accordance with law; this Order will be increased without funher hearing to S I, 890 .00 a month until all arrearages are paid in full. Payor is responsible for coun costs and fees. Copies dclivmd 10 panics , Consented: ; .J flY Plaintiff Plaintiffs Anorney Defendant Defendant's Attorney BY TIlE COURT: lR): ,., t.. lebA <<: nnr.tlff lltf.dlr.t Sa'" t.. 1W.1ta: Atton,.y tor pUlr.tUl ~Uh e, IMlWbt, AttAln,.y lor W.-da,t 'J. Pap 31>0 Fona Ol.'" Wnmt 10 21102 ScMo.-. TrJlC .. _.~~ "0 q., ~ . >- en ,- ~ ~ , e l' , t~ ~"J "' ~~ .., \11'_ .. , ) ~,. . , . -, , 1 \...L. ~..; I, f ~- , , 1 .r> , C- L- l-. - Li. C' 1 f c. ,;~ -~ LL .~ ~ t'. cr: :"3 t:.,.; C', 0 ~ ;l!: 15 IE ...iii2 c! i~"a!~ CS""!!:;:: .;l!o!1 Jl/)IIa:&: -r 'Z. d 1II W _ . ~ ~ = I ~ .. c = ::I: . . .. ~ '.~ ~-_.-,_""""~""~-"",-."'..,_..,,,,. m at .W . ... 2. As soon as administratively feasible after the opening of the escrow account. counsel for the parties (currently sandra L. Meilton. Esquire for Plaintiff and Keith B. DeArmond, Esquire. for the Defendant). as escrow holders. are directed to forward payment from said escrow account to the cumberland County Domestic Relations Office in an amount to satisfy Oefendant.s total arrearages at that time, said sum also to be debited against Oefendant's share of the sum ultimately determined to be his share of said escrow account. 3. On a monthly basis. while the escrow account is in existence, if payment in the amount of $l.OGl is not received by the Domestic Relations Offiee of Cumberland County by the lOth of the month, cOllnsel for the parties (currently Sandra L. Meilton, Esquire for Plaintiff and Keith B. DeArmond, Esquire, for the Defendant), as escrow holders. are directed to forward payment from said escrow .ccount to the CUmberland County Domestic Relations Office in the amount of $l.OGl per month. to be debited against Defendant's share of the sum ultimately determined to be his share of .aid escrow account. IlY THE COUkT I . - IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . Carol L. Winn, PlaintilT No 97-4187 Civil ~, ' v. ScolI R Winn. Defendant INVENTORY AND APPRAISEMENT AND INCOME AND EXPENSE STATEMENT OF DEFENDANT ASSETS 0... PARTIES Plaintifi" marks on the list below those items applicable 10 the casc at bar and itemizes the assets on the following pages (X) I. (X) 2 ( ) 3. ( ) 4. (X) S (X) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) II. ( ) 12 ( ) 13. ( ) 14 ( ) 15. ( ) 16. ( ) 17 (X) 18. (X) 19 ( ) 20 ( ) 21 ( ) 22 ( ) 23. (X) 24 (X) 25 ( ) 26 Reall'roperty Motor Vehicles Stocks, bonds, securities and options Certificates of Deposil Checking accounts, cash Savin!!s 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 Gills Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and olTer/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) MilitarylV A benefits Education benefits Debts due, including loans, mortgages held llousehold furnishings and personalty (include as a total category and attach ilemir.ed list if distribution of such assets is in dispute) Other MARITAl. PROPf:RTl' Item Description Names or Present Value Number or Property All Owners of Property 2. 1995 Toyota SCOII Winn and $19,93000 4Runncr Carol Winn 2. 1991 Toyota Scoll Winn and $11,51000 Landcruiser Carol Winn 5. Checking Account SCOII Winn and $ 2,00000 Carol Winn 6. Savings Account Scoll Winn $ 400.00 Carol Winn 6. Escrow Account Scoll Winn and $30,00000. Carol Winn 18. 40 I k Account Carol Winn $25,00000. 19 Indi\idual Retirement SCOII Winn $ 3.00000 Account 25. Couch & chair SCOII Winn and $ 600.00 Carol Winn 25 Bookshelves Scoll Winn and $ 250 00 Carol Winn 25 3 T~isions Scott Winn and S 750.00 Carol Winn 25. Stereo Scott Winn and $ 800 00 Carol Winn 25 2 VCR's Scott \Vinn and $ 400 00 Carol \ViM 25 20M Scott \ViM and $ 600 00 Carol \Vinn 25. TV Stand SCOII Winn and $ 200.00 Carol Winn 25. Chair Scoll Winn and $ 20000 Carol Winn 25. Bench & 2 chai~s SCOII Winn and $ 600.00 Carol Winn 25. 6 Dining Room chairs SCOII Winn and $ 600.00 Carol Winn 25. 3 Barstools SCOII Winn and $ 250 00 Carol Winn 25. Pots, pans, dishes Scoll Winn and $ 500 00 Carol Winn 25. Small appliances Scoll Winn and $ 200.00 Carol Winn 25 Microwave oven Scott Winn and $ 250 00 Carol Winn 25. Washer & dryer Scott Winn and $ 750 00 Carol Winn 25. Bench/chest Scott Winn and $ 15000 Carol Winn 25. Patio furniture Scott Winn and $ 300 00 Carol Winn 25 Gas grill SCOII Winn and $ 2tXl 00 Carol Winn 25 Comptuer &: printer Scott Winn and $ 700 00 Carol Winn 25 Computer table Scott Winn and S 7500 Carol Winn 25 Ikdding. to\\dl, elc ~"\l\t Winnand $ 500 00 Carol Wino NON-MARITAl, PROPt:RTY lIem Desrription Name of Reason for Number of Property owners t:ulusion 25. Power tools Scott Winn Inheritance 25. Lawn Tractor Scoll Winn Inheritance 25. Upright Freezer Scott Winn Inheritance 25. Snow Blower Scott Winn Inheritance 25. Yard tools Scoll Winn Inheritance 25. Rolltop desk Scott Winn Inheritance 25. Dresser Scott Winn Inheritance 25. ColTee table ScOll Wino Inheritance 25. Rocking Chair Scott Wino Pre-marital 25 Hand tools Scott Wino Pre-marital 25 Dog Scott Wino Pre-marital 25. 3 shotguns! SCOll Winn Pre-marital 5 rilles 25 Dining Room Tablel Scott Wino Pre-marital 2 hutches 1.IADII.ITU:S Item Description Names or Names or Amount Number or Property All Crtditon All Debton Owed 24. 1995 Toyota Pennsylvania State Scott Winn $\0,96493 4Runner Employees Credit Union Carol Winn 24. 1991 Toyota Pennsylvania State Scoll Winn $ 9,112.34 Landcruiser Employees Credit Union Carol Winn 24. Personal Loan Pennsylvania State Scott Winn $ 5,015.66 Employees Credit Union Carol Wino 24. Visa Pennsylvania State Scott Wino $ 1,951.25 Employees Credit Union Carol Winn 24 Visa USAA Scott Winn $ 3,40524 Carol Wino 24. Visa Norwest Scott Wino $4.16674 Carol Winn Numbrr I. I. I. 25. 25. 25. 25. 25. 25. I'ROPERl'Y TRANS....:RR.:J) Prnon Ilrm J)f5criplion Dalr of Consid- 10 Whom of Proprrlv Transfrr Htion Transfrrnd 50 I Sample Bridge Rd. 10/9/97 $40,000 00 Carol L Laye 501 Sample Bridge Rd I 0/9/97 5182,00000 Breit J Klein Melanic K. Klein 499 Sample Bridgc Rd. 1/29/98 $45,00000 Stanley It Grimwood New Cumberland, PA Jennifer L. Grimwood Power tools 7/97 Unknown Unknown. Lawn Tractor 7/97 Unknown Unknown. Upright Freezer 7/97 Unknown Unknown. Snow Blower 7/97 Unknown Unknown. Yard tools 7/97 Unknown Unknown. 3 Shotguns, 7/97 Unknown Unknown. 5 Rines · These items are husband's non-marilal property which were sold by Wife after lhe date of separation. Approximate total "a1uc of these ilems is $4,650 00 INCOME AND t:XPt:NSt: STAn:Mt:NT I. INCOME Employer: TMSI, Inc. Gross Pay (Monthly) $7,500.00 Payroll Taxes and Social Security 1,99700 Spousal Support 1,838.00 Net Pay (monthly) $3,66500 II. EXPENSES Rent or Mortgage (Monthly) 1,017.00 Utilities Telephone 75.00 Cable 40.00 Electric 95.00 Cellular Phone 6000 Insurance (Monthly) Automobile 13675 Renters 2580 Automobile (Monthly) Installment loans 35688 Gasoline 12500 personal Expenses (Monthly) Food 300 00 Household &: pmonal 15000 laundry/Cleaners 12500 Credi1 Card pa)ments 12100 Student Loans JSOOO LcpI.'ecs Total Expeme$ (Monthly) 10000 S3,077 4.l n ,1'1 c"'l , 0.1 .1 ':';') :1 ........ - -,'i ,.-, .:.:.'~ " ~S~? .,..."\ \ -'''''; . ;-) ::,~ " n .~ "..\ ~q l.P - J)t ,lllq~ t IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Winn. No. 97-4187 Civil PlaintilT v. Scott R Wino, Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO PA. Rep. 1920mb) In accordance with the directive of Divorce Master Elicker issued on November 30. 1998, Defendant, Scott R WiM, submits the following pre-trial statement. I. UST OF ASSETS A MARITAL ASSETS Prooertv ~ I.im 1995 Toyota 4 Runner $19.930.00 $7,846.00 1991 T oyola \..andcruiser $11,51000 $8.85466 Checking Account $ 2,00000 Savings Account $ 400.00 Escrow Account $45,16345 40lk Atc:OlIIlt $25,00000. Individual Retirement AccoIInt S 3,000.00 Couch .t chair S 60000 BooksheMs $ 25000 3 Televisions S 75000 Stereo S 100 00 2 VCR's $ 400.00 2 Beds $ 600.00 TV Stand $ 200.00 Chair $ 200.00 Bench & 2 chairs $ 600.00 6 Dining Room chairs $ 600.00 3 Barstools $ 250.00 Pots, pans. dishes $ SOO.OO Small appliances $ 200.00 Microwave oven S 250.00 Washer&diyer $ 7S0.00 Bench/chest S 150.00 Patio fUrniture $ 30000 Gas grill $ 200.00 Cornptuer & printer $ 700.00 Computer table S 75.00 BedcIin& towels. etc. $ 500 00 Desk. chair. credenza. table S 800.00 l.aptcp c:oqlUter .t: printer S 900.00 · Amount is IIppftWmate B. NON.MARIT AL ASSETS Prooertv Value Liens Power tools $1000.00 Lawn Tractor 700.00 Upright Freezer \00.00 Snow Blower 750.00 Yard tools 600.00 RoIltop desk 750.00 Dresser 300.00 ColTee table 100.00 Rocking Chair \00.00 Hand tools 500.00 3 shotgunsI5 riOes 1,500.00 Dining Room Tablct12 hutches 400.00 Dog N1A n. EXPERTS None It this time. m. WITNESSES None It this time. IV. EXHIBITS None It this time. V. INCOME OF DEFENDANT, SCOTT R. WINN Source Monthlv Gross Amount Deductions Net Income TMSI, Inc. 57,500.00 1,997.00 S5,503.00 VI. EXPENSES OF DEFENDANT, SCOTT R. WlNN Rent or Mortgage (Monthly) 1,017.00 Utilities Telephone 75.00 Cable 40.00 Electric 95.00 Cellular Phone 60.00 Insurance (Monthly) Automobile 136.75 Renters 25.80 Automobile (Monthly) Installment loans 356.88 Gasoline 125.00 Personal Expenses: (Monthly) Food 300.00 Household & personal 150.00 Laundiy/Cleaners 125.00 Credit Card payments 121.00 Student Loans 35000 Lega1 Fees 100.00 Spousal Support 1838 00 Total Expenses (Monthly) S4,915.43 VII. PENSION OR RETIREMENT BEN~..tIS Def'endIIIt has . 40 1-1t account with . bIIance of' approximately S),ooo.OO. Plaintiffhas . retirement account with . ba1ance of' epproximIteIy $25,000.00. vm. CLAIM FOR COUNSEL FEES Nme IX. DISPUTED TANGIBLE PERSONAL PROPERTY None. X. MARITAL DEBT PSECU Auto Loan #1 PSECU Auto Loan #2 USAA Visa Norwest Visa PSECU Visa PSECU Personal Loan Total: $7,846.08 $8,854.66 $3,650.84 $3,882.92 $2,060.43 $5.149.89 $31,444.82 Xl. PROPOSED RESOLUTION OF ECONOMIC ISSUES The Defendant proposes that the economic issues be resolved as follows: a All unsecured loans. which total $14,743.1910 be paid from the parties' escrow account. b. Automobile Loan #1 to be paid from Husband's 50% share of the remaining balance in the parties escrow account c. Automobile Loan #2 10 be paid from Wife's 50% share of the remaining balance in the parties escrow account. The previous trlInS8Clions will result in a final escrow account balanceofS\3.718.63. Wife shall receive $6,355.47. Husband shall receive $7,364.05. Each party shall keep all personal property in his or her possession. Wife would receive her automobile. Husband would receive his vehicle. Respectfully submitted. 4.~ KeilhB ~ Attorney for Defendant DeArmond & DeArmond 2100 Market Street C8q) HiD. PA 17011 711.730-9394 Supreme Ct ID No 51171 , . UEe 2 2 19982 \i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol WiM, No. 97-4187 Civil PlaintilT v. Scott R. Winn, Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO PA R.C-P. 1920.33{bl In accordance with the directive of Divorce Master Elicker issued on November 30, 1998, Defendant, Scott R Winn, submits the following pre-trial statement. I. LIST OF ASSETS A MARITAL ASSETS I'rooertv Value Lien 1995 Toyota 4 RWlIlCf S19,93000 S7,846.00 1991 Toyota Landcruiser SII,51000 $8,854.66 Chedting AcalIIIIl S 2.00000 Savings Account S 400 00 Escrow Ac:counl $45,16145 40 I k Ac:counl $15,000 00. IndMduII Retirement Ac:counl S 3,00000 Cooth" chIir S 60tlOO BoolsheM:s S 2SO 00 .J T~1SlDlIS $ 7SO 00 Stereo $ 100 00 , ' 2 VCR's S 400.00 2 Beds S 600.00 TV Stand S 200.00 Chair S 200.00 Bench & 2 chairs S 600.00 6 Dining Room chairs S 600.00 3 Barstools S 250.00 Pots, pans, dishes S 500.00 Small appliances S 200.00 Microwave oven S 250.00 Washer & dIyer S 750.00 Benchlchest S 150.00 Patio furniture S 300 00 Gas grill S 200.00 Comptuer & pnnter S 700.00 Computer table S 7500 Bedding, towels. etc S 50000 Desk. chair, credau.a. table S 80000 Laptop computer & printer S 90000 · Amount is lIJIPrOItimate B. NON-MAR IT AL ASSETS Propenv Value Liens Power tools $1000.00 Lawn Tractor 700.00 Upright Freezer 100.00 Snow Blower 750.00 Yard tools 600.00 Rolllop desk 750.00 Dresser 300.00 Coffee table 100.00 Rocking Chair 100.00 Hand tools 50000 3 shotguns/5 riOes 1,50000 Dining Room Tablc:12 hutches 400.00 Dog N/A II EXPERTS None at this time. \D. WITNESSES None at this time. IV. EXHIBITS None at !his time. V. INCOME OF DEFENDANT, SCOTT R. WINN Source Monthly Gross Amount Deductions Net Income TMSI, Inc. $7,500.00 1,997.00 $5,503.00 VI. EXPENSES OF DEFENDANT, SCOTT R. WINN Rent or Mortgage (Monthly) 1,017.00 Utilities Telephone 75.00 Cable 40.00 Electric 95.00 Cellular Phone 60.00 Insurance (Monthly) Automobile 136.75 Renters 25.80 Automobile (Monthly) Installment loans 356.88 Gasoline 12500 Personal Expenses: (Monthly) Food 300.00 Household & persona\ 150.00 LaundrylCleaners 125.00 Credit Card payments 121.00 Student Loans 350.00 Legal Fees 100.00 Spousal Support 1838.00 Total Expenses (Monthly) $4,91543 VII. PENSION OR RETIREMENT BENEFITS Defendlnt has a401-k account WIth a balanceofapprOlrimately $3.000.00. PlaintllThas I rettrement ICa)lM\t WIth I balance of approximately 525,000 00. VOl CLAIM FOR COUNSEL FEES None IX DISPUTED TANGIBLE PERSONAL PROPERTY None WHEREAS, the parties have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe. and the provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from contro~ restraint, or interference, direct or indirect. by each other. Neither party shall molest the other or compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shatI not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTlCI.E II DIVORCE 2.1 This &grcanent is not predicated on divorce. It is specifically understood and agreed by and between the parties herdo and each of the said parties does hereby warrant and represent 10 the other that the execution and delivery of this Agreement is not predicated upon nor IIIIde subject 10 any agreement for institution, prosecution, deftnse, or for the non-prosecution or non-defense of any action for divorce. provided, however. that nothing contained in this Agreement shaJI prevent or preclude either of the parties hereto from OO'IIl.....ocing. instituting or prosecuti"8 any action or actions for di\'OI'CC, whether lbsoIute or otherwise, upon just, lesaJ and propeny ground, nor to prevent either party from defending such action which has been, may be or shall be instituted by the other party, or from making any just or property Ikfense thmto It is wamnted, covenanted, and repmented by Husband and Wife. each to the other that this Agreemtl4 is lawful and enf'orceabIe and this warranty. covenant and repruc>4ation is made for the specific purpoIe of inducintJ Husband and Wife to execute the Agrttmerd. Husbaci and Wife each knowUlgly and unc:Ierstanding hereby wai\'e any and all possible daims that this ~eem..1l is. for any reason. iIIepI or UIICftforceabIe in whole or in plII1)' Husband and Waft do each hereby warrant. COvtIlUll and agree that. in any possible cwnt. he and she are and shall ~'CI' be estopped from usating any ~ Of ullemorcetbi!ity uta .. or any part of this Atvm.~1t i ; ! , f i I t 2.2 The parties acknowledge that a Divorce action has been filed in the Court of Common Pleas of Cumberland County, PeMsylvania at 97-4187 Civil. The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the execution of this Agreement 2,3 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation of divorce in any other state. county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its COvenants shall not be affected in any way by any such separation and divorce, and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any tenn of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parries that this Agreement sha1I survive and sha1I not be merged into any decree. judgment, or order of divorce or separation. 2.4 It is specificaDy agreed that a copy of this Agreenlellt may be incorporated by refet CilCe into any divorce, judgment or decree if or whenever sought by either of the parries hen1o, suc:h incorporation, however, shall not be regarded as a merger. it being the intent of the parries to permit this Agreellleilt to survive any such judgment or decree. ARTIeu: III EOVITABLE DISTRIBIITION OF MARITAL PROPERTY 3.1 The parries have attempted to di"i(Je their marital property in a mamer that conforms 10 the aiteria get forth in Section 3502 of the Pennsylnnia Divorce Code and takiaa into account the f"ollowins considerations the \ength of the rnaniaae- the prior IlW'I'iages of the pIr'tiea, the &(tt. health, station, amount and sources of income, VOCational skiIIs,~, estate, IiabiJities. and IleeIb (Of eadI of the pIrtia, the tofttribution of one party to education. tr-ainintL or increased earnin8 power of the other party, the opportunity of each party for future acquisition of capital assets and income, the IOW'ceS of income ofboth parties, ~ but not limited to mt'dial retiranent, inJuranc:.e or other befteftts, the contribution Of dissipation of nell party in the acquititioa, ~ dep/fdatiM, or appreciation of marital proptltv. iIldudinit tilt contrillutioa ora p&lty as. homemaker, the ~ of the prOP.d~ set IIpIrt to HCh party, lilt SIaIldan! oflh,. of the partia established durintllhtir ~ the <<MOIl... tirtumstances of The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel Fees. The parties agree that they will each be responsible for their respective costs and attorney fees associated with this action. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release. quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all rights, title, and interest, or claims in or against the property (including income and gain from property hereafter acauing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof. whether arising out of any former acts, contracts, engagements, or liability of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spous.:'s estate, whether arising under the laws of (a) Pennsylvania, (b) any state, conunonwea1th or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite. counsel fees, costs or expenses. whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete. and t(eneral release with respect to any and all property of any kind or nature. real or personal, or mixed, wbich the other now owns or may hereafter acquire, except and only except, all rights and &gI eements and obIiptions of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof .... R..w... ofTestamentary Claims Except as prmided for in this Agreement, ach of the parties hereto shall ha\'C the rights to dispose ofbis or her ptopeny by Last WiD IIld Tesument. or other\\ise. and each of them a~ that the estate ofthe other, wbethcr rul pertooal or mixed, shall bt and beblIlo the person or penons who would have become entitled hereto as if the descendant had been the last to die This pro-.isioa it intalded to coastitute a mutual wai\<< by the parties of any riPt to tab ~ ach other's last Wii: under the present or future laws of any jurisdiction whatsoever and is intended to conier third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party, may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will pennit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the othe~nd that neither Husband nor Wife will claim against or contest the Will and the estateQ 1:'OIber. Each of the parties hereby releases, relinquishes and waives any and all right act as executor or executrix or administrator or administratix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 6,5 Warranties. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be pro\ided for in this Agreement. Each party agrees to indemnifY or hold the other party hannless from and alWnst any and all such debts. liabilities. or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrants, covenants, represents, and agrees that each \\ill, now and at all times hereafter, sa\"e hannless and keep the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, except as is otherwise specifically provided for by the tenns of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6,6 No waiver or modification of any of the tenns of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or ddiult hemmder shall be deemed a waiver of any subsequent default of the WIle nature. 6.7 Husband and Wife covenant and I!Uft that they \\i1l fonh\\lth aecute any and all written instnnnents, wipnents, releases. satisfictions, deeds, notes or such other \\,;tinp as may be nocnsary or desirable for the propert\' implemeruation of this ~_.og4. and as their respecti\~ counsd shallll1UtUalh> I!Uft should be 10 tlltalted in order to carry fWIv and etfecti\'tJy the terms of this I(tfftIIICftt Each orthe panies sha1I &om time to time. at tilt ~ of tile other. execute. ad;""'iedire and ddi\u to the parties further acknowledge that Husband has filed an inventory and appraisement as required by Section 3S0S(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing. the rights of either party to pursue a claim for equitable distribution pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing. the Agreement shall in all other respects remain in full force and elTect. 6,14 Enforceabilitvand Consideration. This Agreement shall survive any action for divorce and decree of divorce and sha1I forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and perfonned. The consideration for this contract and agreement is the mutual benefits to be obtained by botb of the parties hereto and the covenants and agreements of each ofthe parties of the other. The adequacy of the consideration for all agreements herein contained and stipulated is confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the agreement the breaching party shall be responsible for any and all attorneys' fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. If either party breaches any provision of this Agn:ement, the other party shall have the right, at his or her election, to sue for damages for such breach. or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement sha1I be responsible for payment oflegal "" ODd ~ "'""" by II< "'''' m ~; om ""'''""''' ~w~!<}"") ~"{f"-~ . ..........