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2, '/lIe Kelllinl! of 1111 dlKlllneK, IIlthlK alldJur Inleresls belweenlhem arising OUI of or
by reallOn orlheir mftrrlal!e Incllldlnll hili nol Iimiled 10 Ihe IIIISI, presenl and lulure support,
alimony. cOllnlll:1 t~eK, cOKls or mlllnlenllllce of Wite hy Ilushand or of Ilusband by Wile;
3. Inl!enerlll, Ihe Keltlinlluf IIny IInd 1IIIIIclllal and possible claims by each party
againsllhe olher ur ftllalnSllhcir lespecliw eslHles,
NOW TIII'RI'FOIU', III considenllioll oflhe premises Hnd of the mutual promises,
covenants Hnd llndCI1II~inlls sellill1h inlhls Agreemenl and for olher good and valuable
considerHIIon, .he lceeipllllld Illlcquacy of which is hereby acknowledged by each oflhe parties
herelu, Wile Hnd Ilushand, each illlending 10 be legally bowld hereby, covenant and agree as
lollows;
I. AdVl('~ lifCmmyd. The provisions oflhis Agreemenl md Iheir legal effect have
been fully eXI,lained 10 Ihe partleR by their respeclive counsel, Harry L. Bricker, Jr" Esquire, of
lIarrisburll. I'ennsylvania, lor Wife alld William C, Kollas, Esquire, of Camp Hill, Pennsytvmia,
for IIlIlballd, The Ilarties acknowledge Iha. each has received independent legal advice from
counllOl ofbls or her OWII seleclioll. thai each has fully disclosed his or her respective financial
.itualionllo Ihe olber including his or her property. estate, assets, liabilities, income and expenses,
thai each is familiar wilh and fully ullderstands the facts, including the property, estate, assets,
llaruin1l8 and income oflhe olher. and that each has been fully informed as to his or her legal
rlpll and obligallons, Eacb of the parties acknowledges and agrees that, after having received
luch advi.. and wllh luch knowledge, the Agreement is, in the circumstances, fair reasonable md
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equitable. that it is being entered into freely, volWltarily, and in good faith and that the execution
of the Agreement is nOlthe result of any duress, wldue influence, coercion, collusion amllor
improper or illegal Agreement, llte parties further acknowledge that they have each made to the
other a full and complete disclosure of their respective assets. estate, liabilities, 81Id source, of
income and that they waive any specific enumeration thereoffor the purposes of this Agreement.
2, Definitions,
(a) Divorce Code, The phrase "Divorce Code" shall be defined as Act No,
1990.206,23 Pa,C,S.A ~ 3101 et seq,
(b) Date of Executiol/ of this Agreemelll, TIle phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the parties if they
have each executed the Agreement on the same date, Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
3, Effective Date of Agreement, This Agreement will become effective 81Id binding
upon both parties upon execution of this Agreement by both of them,
4, Effect of Divorce Decree..ll/corporatiol/, No Merger, The parties agree that
W1less otherwise specifically provided herein this Agreement shall continue in full force and effect
after such time as a final decision in divorce may be entered with respect to the parties, Husb81ld
81Id Wife agree that the tenns of this Agreement shall be incorporated but not merged into any
divorce decree which may be enltred with respect to the parties and therefore Wife 81Id Husband
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agree and ea~h of the panies does hereby warrant and represent to the other that should either of
thelll obtain a de~ree, judgment or order of separation or divorce in any slate, COWllly or
jurilldl~tion, that party will take all reasonable steps to have this Agreelllent incorporated as part
of any su~h de~ree, judglllent or order, The panics further agree that the Court of Co 11I11I on Pleas
whi~h may enter su~h divor~e decree shall ret&in continuing jurisdiction over the parties and the
subje~t mailer of the Agreelllent for the purpose of enforcement of any of the provisions tbereo[
Nevenhcless, it specifically is Wlderstood and agreed by and between the parties
herelo and ca~h of the said panies does hereby warrant and represent to the other that should
either of the panics obtain a decree, judgement or order of separation or divorce in any state,
~oWllly or jurisdiction, each of the panies agrees that all of the provisions oftbis Agreement shall
nllt be al1e~ted in any way by any such separation or divorce. it being agreed by the parties that
thia Agreement shall continue in full force and effect after such time as a 6nal decree a divorce
may be entered and shall survive and not be merged into any such decree, judgment or order,
~, E;JJ'tlct 0" Divorce, The panies agree to take all legal steps (including timely and
prompt submiasion of all documents and the taking of all action including executing the
appropriate waivers of notice of the master's hearing, right to file exceptions. and right to 61e
appeal) necessary to assure that a divorce pursuant to Section 3301 of the Divorce Code is
entered as soon as possiMe, but in any event not later than three (3) weeks from tbe date of
execution oftbis Agreement. To tbat wd, tbe panics have executed and agree to promptly 61e
the affidavits required to obtain a divorce pursuant to ~ 330 I(c) of the Divorce Code,
If, after the execution of this Agreement, either party delays or contests the
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obtaining of a final, Wlappealed divorce decree, thai party shall be fully responsible for all
allomey's fees, costs and/or expenses incurred as a result of such delay in obtaining the decree,
6, E,ffect of No Divorce, This Agreement is predicated upon and made subject to the
allainment ofa final decree in divorce Wider Sections 3301(c) of the Divorce Code and therefor,
except as otherwise provided for herein, this Agreement will be null and void if a final decree in
divorce is not obtained with three (3) months of the date of execution of this Agreement.
7, Warramy of Dlsdosure, Husband and Wife represent and warrant that they bave
disclosed to each other the full extent of their assets, income and liabilities, Each party has had
ample opportunity to review the financial condition of the other and each party agrees not to
challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or
income.
8, Equitable Distriblllioll of Properly,
(a) Premises, Husband and Wife hold title as tooants by the enlireties of the
premises identified as I S I S Slate Hill Road, Camp Hill, Cumberland COWlty, Pennsylvania 170 II
(the "Marital Residence"), Wife shall execute a quit-claim deed to the Husband.
(b) 1'11I0 Rosa Partnership, At the time of the execution and delivery of the
quit-claim deed pursuant to subparagraph 8 (a) hereinabove, Husband will deliver the Villa Rosa
accoWlt to Wife. The Villa Rosa accoWlt partnership account has 37,000 shares of NolT
Corporation whose worth is approximately Sixty Cents ($ ,60) per share, The Wife shall receive
the first Forty Cents ($,40) per share of said stock, However, any increase beyond Sixty Cellts
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($,60) until the Villa Rosa account is delivered Iii the Wife shall be divided equally between
Husband and Wife,
(c) Persollal Property, An antique described as a "pie IDble" is 10 be delivered
to the Husband on the date of signing this agreemenl for the sum ofTwo Thousand Dollars
($2,000.00). ThereaUer the pie table shall be the property of the Husband,
(d) Liabilities, Husband shall assume payment of Wife's 1993, 1996, and
1997 Pennsylvania State and f'ederaltaxes of approximately Seven Thousand Dollars
($7,000,00), Husband also agrees to assume Ihe debts for Wife's medical expenses incurred prior
to December 31, 1997, Husband shall Assume these expenses and hold Ihe Wife hannless
therefrom.
(e) Alltomoblle, The Wife shall receive title to her 199~ Jeep vehicle which
Husband has already surrendered to her and the Wife shall execute the necessary pap~rs for
transfer of the 1997 Pontiac to Husband, Husbmd shall make the Jeep payments through May
14, 1998, The balance of the payments owed after May 14, shall be paid by Husbmd within a
one-year period or upon sale oflhe house whichever first occurs, If Wife makes my payments,
she will be reimbursed by Husband,
(I) Clothes Washer and Dryer, The Wife shall receive the clothes washer and
dryer,
(g) SlIpport, Husband shall pay Wife the sum of Four Hundred DoUars
($400,00) a month through May 31. 1998. In addition, Husband shall pay Wife's health
insurance and car insurance through May 31, 1998,
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9, Persollal Properly, All other personalty has been divided between Husband and
Wife and no further distribution need be acconll,lished,
10, Credil, Wile and Husband represent that they have taken all steps necessary to
make sure that no credit cards or similar accounts exist which provide for joint liability, From the
date of execution of this Agreement, each party shall use only those cards and accounts for which
that party is indi\idually liable,
II. COl/IISel Fees, Husband and Wife agree each party shall be responsible for his or
her own legal fees and expenses, exceptl,hat, in Ihe event of a breach of this Agreement, fees shall
be recoverable by a non-breaching party in an aClion to enforce the provisions of this agreement.
12, Warrallty as 10 FI/II/re Obligations, Wife and Husband each covenants,
represents, warrants, and agrees that, except as may be ,)lherwiso specifkally plOvided for by the
terms of this Agreement, neither of them shall hereafter incur my liability whatsoever for which
the other or the estate of the other may be liable, and each now and at all times hereafter shall
indemnity and hold harmless the other pany from and against any such liabilities, costs or
expenses, including allorney's fees, relating thereto incurred by the other pany after the date of
execution of this Agreement
13, Warralllles as 10 Exislillg Obligallo/l!, Ouringthe course of the marriage,
Husband and Wife bave incurred cenain liabilities and il is hereby agreed, without the necessity of
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ascertaining for what purpose and for whose use each of the bills was incuned,that of those
liabilities that were incurred prior to the date of exe':ution of this Agreement, Wife and Husband
each covenants, represents, warrants and agrees that. except as may be otherwise specifically
"rovided for by the tenns of this Agreement, as of the date of execution of this Agreement, no
Wlpaid liabilities remain which were incurred by him or her or on his or her behalf for which the
other party may be deemed liable; and, if any such debts or obligations should be detennined to
have existed as oflhe date of execution of this Agreement, the party who incurred that debt shall
indemniiY and hold the other party hannless for and against any loss or liability and cost~ or
expense, including altomey's fees, incurred as a result of those liabilities,
14, MII/llal Releases Except, and only ex_ept, for all righls, agreements and
obligalions of whalsoever nature arising WIder or which may arise under this Agreement or for the
breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate ofthe other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the
property (including income, and gain from property hereafter accruing) of the other or against the
eslate oCthe other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against the other, the estate of the other or any part thereof, whether
arising (a) out ohny fonner acts, contracts, engagements or liabilities of such other, (b) by way
of dower or courtesy or claims in the nature of dower or courtesy or ~dow's or ~dower's righls,
(c} as family exemption or similar allowance. or (d) WIder the inteslat ' law~, the right to take
against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or
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all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising
Wider the laY1s of (I) Pennsylvania, (ii) any other State, Commonwealth or territory of the United
States, or (iii) any other COWltry, Except, and only except for all rights, agreements and
obligations of whatsoever nature arising WIder or which may arise WIder this Agreement or for the
breach of any part of this Agreement, the parties agree that this Agreement shall be I\IId constitute
a full and linalresolution of any and all claims which each of the parties may have against the
other for equitable distribution of property, alimony cOWlsel fees and expenses, alimony pendente
lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any
other jurisdiction, The parties further release and waive any rights which either party may have
now or hereafter against the other including but not limited to claims for past, present or future
support or maintenance, alimony, alimony pendente lite, property division (including but not
necessarily limited to equitable distribution), cOWlsel fees, costs or expenses, whether arising as a
result of the marital relation or otherwise, whether Wider the Divorce Code or otherwise, EXCepl,
and only except, for all rights, agreements and obligations of whatsoever nature arising Wider or
which may arise Wider this Agreement or for the breach of any part of this Agreement, it is the
intention of Wife and Husband to give to each other by the execution ofthis Agreement, and fulL
complete and general release with respect to any and all property of any kind or nature, whether
rea~ personal or mixed, which the other now owns or may hereafter acquire,
13, Mutual Waivers, Except as provided for in tbis Agreement, Wife and Husband do
hereby waive, release, and give up any rights thai they may respectively have, either at the present
or in the future, againsl the other for equitable distribution, alimony, support, maintenance, or for
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any other right resulting from their status as Wife 8J\d Husband, Wife and Husband agree that
neither pany may apply to any coun for a modification of this Agreement, with respect to
alimony, distribution ofpropeny, or otherwise, whether pursuant to the Dkorce Code or 8J\Y
other present or future statute or authority, Except as provided for in this Agreement, il shall be
the sole responsibility ofWiti: and Husband to sustain herself or himself without seeking 8J\Y
suppon from the other party from the date of execution of this Agreement. In the event that
either of the partics shallnevcltheless seek such a modification, that pany shall indemnifY 8J\d
hold the other party hannless from and against any loss resulting therefore, including counsel fees
and costs,
16, Waiver or Modificatioll to be ill Writillg, No modification or waiver of8J\Y of the
terms hereof shall be valid unless in writing 8J\d signed by both panies and no waiver of 8J\Y
breach hereof or default hereunder shall be deemed a waiver of 8J\Y subsequenl defaull of the
same or similar nature,
17, Mutual Cooperation Each party shall, at any time and from time to time
hereafter, take 8J\Y 8J\d all steps to execute, acknowledge and deliver to the other party 8J\Y 8J\d all
funher instruments 8J\dJor (within at least fifteen days after dem8J\d therefore) documents that the
other party may reasonably require for the purpose of giving full force and effect to the provisions
of this Agreement,
18, Law of Pemuylvallla Applicable, This Agreement shall be construed in
accordance with the laws of the Commonwealth t "Pennsylv8J\ia which arlll in effect as of the date
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of execution of this Agreement.
19, /llIegralloll. This Agreement constitutes the entire Wlderstanding of the parties
and supersedes any and all prior agreements and negotiations between them, 'Ibere are no other
representations, tenns, covenants. conditions. agreements 01' warranties, express or implied, oral
or written of any nature whatsoever, other than those exptessly set forth herein,
20, Severability, lfany tenn. cOlldition, dause or provision of this Agreement iJtall be
detennined or declared to be void or invalid in law or otherwise, then only thattenn, condition.
clause or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, ellect and operation, Likewise, the failure of any party to
meet her or his obligations WIder anyone or more of the Paragraphs herein, with the exception of
the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations
of the parties,
21. CO/llractlmerpretatioll. For purposes ofilllelpretation and for the purpose of
resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly
by their respective attorneys,
22, Waiver of Liability, Husband and Wife each knowingly and understandingly waive
any and all possible claims lhat this Agreement is, for any reason. illegal or for any reason
whatsoever of public policy, Wlenforceable in whole or in part, Husband and Wife each does
hereby warrant, covenant and agree tbal, in any possible event, he or she is and shall forever be
estopped from asserting any illegality or Wlenforceability as to all or any part of this Agreement.
II
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@CT 0 ~ 1997
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HAIlRY L. ~JHICKER.JI~.
AT1'OIltNE\' AT i.:AW
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407 HO"'H '''OH1 aTIt.1?
II"RRI.D~O, PBNNBYLVANJA tTtOl-lflOO
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DARRY L. nRJCJ~R. JR.
ATTO~NItY A1 LNN
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TIoII 0"'''''''0101 MANIION
401 NOltTH '''OHT I'IUU
""RRI.DURO, PIISNN;8YI..VANIA 11'lOl-1IlOG
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4, The Complaint In Divorce did not request a division or any marl(al assets, nor
did It even state thllt any marlllll assets exist.
5, Your Petitioner Is of the opinion, believes and therefore avers that the parties
did acquire and accumulate certain valuable roaland personal property and other assets
which constitute marital assets, These assets are not all known to the Defendant but
partially consist of the following:
(a) Heal property known and numbered as 1515 Slate Hill Road,
Camp HIli, Cumberland County, Pennsylvania, which real estate is the marital
home,
(b) Various assets owned by L.ojan Associates, which Is a partnership
consisting of Jan A, Osterlund and his step-mother, Patricia Osterlund. Some if
not all of the assets are believod to have boen acquired prior to the marriago, but
any increase in the value of the assels as owned by the Plaintiff, Jan A, Osterlund,
after the marriage constitute marital assets, We believe that the following Is a list
of some of Ille assets owned by the partnership:
(1) A building on Route 322 owned by the partnership; this is located
in Dauphin County, Pennsylvania,
(2) 711 Gibson Boulevard, Harrisburg, Pennsylvania, which is 10
acres of commercially zoned real estate,
(3) A note in the approximate amount of $500,000,
(4) Other asse(s probably exist which are owned by (he partnership,
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6, Additionally, the Plalntlff/Respondont, Jan A, OSlerlund, owns the following:
(a) Various collections, including collections of coins and guns, some of
which were acquired during the marriage and hence are marital assets,
(b) Approximately 37,000 shares of Citadel Technologies held in a Villa
Rosa Partnership account with Quick and Reilly, as well as cash which either had
been or presently Is in lhat account.
(c) A Villa Rosa Partnership checking account which, at least two or three
days prior to this dictation, held approximately $2,000.00, or perhaps more.
7, On October 7, 1997, the Plaintiff obtained an Order of Court enjoining your
Petitioner, Lisa M, Osterlund, from removing any funds from any depository, institution or
other financial service entity, and additionally enjoining her from encumbering, dissipating,
selling or otherwise alienating any and all marital assets, However, on October 9, 1997,
it is believed and therefore averred thaI the Plaintiff/Respondent, Jan A, Osterlund, took
at least $1,700.00 from tho Villa Rosa Partnership account,
8, Your Petitioner in this procoeding has no objection to governing her actions
in accordance with the Order of Court, but she is of the opinion that a similar Order of
Court should issue against the Plaintiff, Jan A, Osterlund, since the assets involved are
all marital assets,
WHEREr:ORE, your Petitioner respectfully prays your Honorable Court to grant the
prayer of the within Petition for Special Relief to prevent dissipation of marital assets and
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CONFLENTI Be ASSOCIATES
ATTORNEYS AT LAW
225 ROSS STREET, SECOND FLOOR
PITTSBURGH, PENNSYl.VANIA 15219
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Contlentl & Associates
Phyllis L. Manheim, Esquire
225 Ross Stroet, Second Floor
Pittsburgh, PA. 15219
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CONFLENTI 8c ASSOCIATES
ATTORNEYS AT LAW
22' ROSS STREET. SECOND FLOOR
PITTSBURGH. PENNSYLVANIA "219
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Kolas & Kenn~y ,
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William Kolas, Esquire, , 1;1
,1104 Femwood Avenue #104 , ,
Camp Hili. PA. 17011 q
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2. The senling of all dbllutes, rights and/or interests between them arising out of or
by reason of their marriage including but not limited to the past, present and future support,
alimony, cOllll$Cl fees, costs or maintenance of Wife by Husband or of Husband by Wife;
3. In general, the settling of any and all actual and possible claims by each party
again5t the other or against their respective estates.
NOW TIIEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings set forth in this Agreement and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties
hereto, Wde and Husband, each intending to be legally bound hereby, covenant and agree as
fonows:
1. Advice afCounsel, The provisions of this Agreement and their legal effect have
been funy explained to the parties by their respective counsel, Harry L Bricker, Ir" Esquire, of
Harrisburg, Pennsylvania, for Wife and William C, Kollas, Esquire, of Camp Hill, Pennsylvania,
for Husband, The parties acknowledge that each has received independent legal advice from
counsel ofhis or her own selection, that each has fuUy disdosed his or her respective financial
situations to the other including his or her property, estate, assets, liabilities, income and expenses,
that each is fiuniliar with and fully understands the mets, including the property, estate, assets,
earnings and income of the other, and that each has been fu11y informed as to his or her legal
rights and obligations, Each of the parties acknowledges and agrees that, after having received
suc~ advise and with such knowledge, the Agreement is, in the circwnstances, fuir reasonable and
2
equitable, that it is being entered into freely, voluntari1y, and in good faith and that the e:tecution
of the Agreement is not the result of any duress, undue in1Iuence, coercion, coDusion and/or
improper or illegal Agreement., The parties fiuther acknowledge that they have each made to the
other a fun and complete disclosure of their respective assets, estate, liabilities, and sources of
income and that they waive any specific enumeration thereoffor the purposes of this Agreement.
2. ~finitions.
(a) Divorce Code. The phrase "Divorce Code" sball be defined as Act No.
1990-206,23 Pa,C.SA ~ 3101 et seq,
(b) Date of Execution of this Agreemenr, The phrase "date of execution" or .
"execution date" of this Agreement shall be defined as the date of e:tecution by the parties if they
have each executed the Agreement on the same date. Otherwise, the 'date of execution" or
"execution date" of this Agreement shall he defined as the date of execution by the party last
executing this Agreement.
3. Effective Date of Agreement, This Agreement will become effective and binding
upon both parties upon execution of this Agreement by both of them
4, Effict of Divorce Decree-Incorporation, No Merger, The parties agree that
uoleSll otherwise spoecifically provided herein this Agreement shall continue in full force and cJfect
after such time as a fin.a! decision in divorce may be entered with respect to the parties. Husband
and Wife agree that the terms of this Agreement sha.I1 be incorporated but Dol merged inlO any
div~rce decree which may be entered with respeet to the parties and therefore Wife and Husband
J
agree and each of the parties does hereby WInant and represent to the other that should either of
them obtain a decree, judgment or order of separation or divorce in any state, country or
jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part
of any such decree,judgment or order, The parties further agree that the CoUrt of Common Pleas
which may enter such divorce decree shall retain continuing jurisdiction over the parties and the
subjeet matter of the Agreement for the purpose of enforcement of any of the provisions thereof
Nevertheless, it specifically is understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other that should
either of the parties obtain a decree, judgement or order of separation or divorce in any state,
country or jurisdiction, each. of the parties agrees that all of the provisions of this Agreement shall
not be aJfeeted in any way by any such separation or divorce, it being agreed by the parties that
this Agreement shall continue in fun force and effeet after such time as a final decree a divorce
may be entered and shall slUvive and not be merged into any such decree, judgment or order.
S, Effect on Divorce. The parties agree to take all legal steps (including time1y and
prompt submission of all documents and the taking of all action including executing the
appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file
appeal) necessary to assure that a divorce pursuant to Section 3301 of the Divorce Code is
entered as soon as pOSSIble, but in any event not later than three (3) weeks from the date of
execution of this Agreement. To that end, the parties have exe~'Uted. and agree to promptly file
the affidavits required to obtain a divorce pursuant to ~ 330l(c) of the Divorce Code,
If; after the execution of this Agreement, either party delays or contests the
4
obtaining of a fina1, unappealed divorce decree, that party 5hall be fully responsible for an
attorney's fees, costs and/or expenses incurred as a result of such delay in obtaining the decree.
6. Effect of No Divorce, This Agreement is predicated upon and made subject to the
attainment ofa final decree in divorce under Sections 3301(c) of the Divorce Code and therefor,
except as otherwise provided for herein, this Agreement will be null and void if a fina1 decree in
divorce ill not obtained with three (3) months of the date of execution of this Agreement.
7. Warranty of Disclosure, Husband and Wife represent and warrant that they have
disclosed to each other the full elCtent of their assets, income and liabilities, Each party has had
ample opportunity to review the financial condition of the other and each party agrees not to
chanenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or
income.
8. Equitable Distribution of Property.
(a) Premises. Husband and Wife hold title as tenants by the entireties of the
premises identified as 1~ I~ Slate Hill Road, Camp HiD, Cumberland County, Pennsylvania 17011
(the "Marital Residence"). Wile 5hall execute a quit-claim deed to the Husband,
(b) Villa Rasa Partnership, At the time of the execution and delivery of the
quit-claim deed pursuant to subparagraph 8 (a) hereinabove, Husband will deliver the Villa Rosa
account to Wife, The Villa Rosa account partnership account has 37,000~ares ofNotf
Corporation whose worth is approJrimately Sixty Cents (S ,60) per 5hare, The Wife shaD receive
the .first Forty Cents (S.40) per 5hare of said stock. However, any inetease beyond Sixty Cents
,
($.60) until the Villa Rosa account is delivered to the Wife shall be divided equally between
Husband and Wife.
(c) Personal Property, An antique descn"bed as a ''pie table" is to be delivered
to the Husb:md on the date of signing this agreemc:ot for the sum of Two Thousand DoDus
($2,000,00), Thereafter the pie table shall be the property of the Husband.
(d) liabilities, Husband shan assume payment of Wife's 1995, 1996, and
1997 Pennsylvania State and Federal taxes of approximately Seven Thousand Dollars
($7,000.00), Husband also agrees to assume the debts for Wife's medical expenses incurred prior
to December 31, 1997. Husband shall assume these expenses and hold the Wife harmless
therefrom
(e) AUlomobik. The Wife shall receive title to her 1995 Ieep vehicle which
Husband has already surrendered to her and the Wife shall execute the neceSSlU)' papers for
transfer of the 1997 Pontiac to Husband, Husband shall make the Ieep payments through May
14, 1998. The balance of the payments owed after May 14, shall be paid by Husband within a
one-year period or upon sale of the house whichever first occurs, If Wife makes any payments,
she will be reimbursed by Husband.
(f) CIOiMs Washer and Dryer. The Wife shaU receive the clothes washer and
dryer.
(8) Support. Husband shall pay Wife the sum of Four Hundred Dollars
($400.00) a month through May 31, 1998, In addition, Husband shall pay Wife's health
insurance and car insurance through May 31, 1998,
6
9. P,rsonol Proptrty. All other personahy has been divided between Husband IIIId
Wife and no further distribution need be accomplished.
10. Credit. Wifc and Husband represent that they have taken all steps necessary to
make sure that no crcdit cards or similar accounts exist which provide for joint liability. From the
date of execution of this Agreement, each party shall use only those cards IIIId accounts for which
that party is individually liablc,
11. Counsel Fees. Husband and Wife agree each party shall bc responsible for his or
her own legal fees and expenses, except that, in thc event of a breach of this Agrcement, fees shall
be recoverable by a non-brcaching party in an action to enforce the provisions of this agreement.
12, Warranty as to Future Obligations. Wife and Husband each covenants,
represents, warrants, and agrecs that, except as may be otheIWise specifically provided for by the
terms of this Agreement, neithcr of them shall hereafter incur any liability whatsoever for which
the other or the estate of the other may be liable, and each now and at all times hereafter shan
indemnify and hold hann1ess the other party from aud against any such liabiliric$, costs or
expenses, including attorney's fees, relating thereto incurred by the other party after the date of
execution of this Agrcement.
13, Warranties as to Existing ObligatiOTl3. During the course of the marriage,
Hus,blllld and Wife have incurrcd certain liabilities and it is hereby agreed, without the necessity of
7
ascertaining for what purpose and for whose use each of the bills was incurred, that of those
liabilities that were incurred prior to the date of elleCUtion of this Agreement, Wife and Husband .
each covenants, represents, warrants and agrees th.at, e)(,cept as may be otherwise specifically
provided for by the ternlS of this Agreement, as of the date of execution of thii Agreement, no
unpaid liabilities remain which were incurred by him or her or on his or her behalf for which t1te
other party may be deemed liable; and, if any such debts or obligations should be detennined to
have existed as of the date of execution of this Agreement, the party who incurred that debt shall
indemnifY and hold the other party harn1less for and against any loss or liability and costs or
expense. including attorney's fees, incurred as a result of those liabilities.
14, Mutual &leases, Except, and only except, for all rights, agreements and
obligations of whatsoever nature arising under or which may arise under this Agreement or for the
breach of any part of this Agreement, Wife and Husband each do hereby mutual1y remise, release,
quitclaim and forever discharge the other and the estate of the other, for all time to come, and for
an pwposes whatsoever, of and from any and all rights, title and interest, or claim in or against the
property (including income, and gain from property hereafter accruing) of the other or against the
estate of the other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafier may have against the other, the estate of the other or any part thereof; whether
arising (al out of any former acts, contracts, engagements or liabilities of such other, (b) by way
of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights,
(c) as WniIy exemption or similar allowance, or (d) under the intestate laws, the right to take
against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or
8
all other rights of a surviving spouse to parti~-ipate in a deceased spouse's estate, whether arising
under the laws of (I) Pennsylvania, (ii) any oth~r State, Commonwealth or territory of the United
States, or (iii) any other country, Except, and only except for all rights, agreements and
obligations of whatsoever nature ari.'ling under or which may arise WIder this Agreement or for the
breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute
a full and final resolution of any and all claims which each of the parties may have against the
other for equitable distn"bution of property, alimony counsel fees and expenses, alimony pendente
lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any
other jurisdiction, The parties further release and waive any rights which either party may have
now or hereafter against the other including but not limited to claims for past, present or future
support or maintenance, alimony, alimony pendente lite, property division (including but not
necessarily limited to equitable distnllUtion), counsel fees, costs or expenses, whether arising as a
result of the marital relation or otherwise, whether WIder the Divorce Code or otherwise. Except,
and only except, for aU rights, agreements and obligations of whatsoever nature ari.'iing under or
which may arise under this Agreement or for t!le breach of any part of this Agreement, it is the
intention of Wife and Husband to give to each other by the execution of this Agreement, and full,
complete and general release with respeet to any and all property of any kind or nature, whether
real, personal or mixed, which the other now owns or may hereafter acquire.
IS, }"Iutual Waivers. Except as provided for in this Agreement, Wife and Husband do
hereby waive, release. and give up any rights that they may respectively have. either at the present
or ~ the future, against the other for equitable distribution, alimony, support, maintenance, or for
9
any other right resulting from their status as Wife and Husband. Wife and Husband agree that
neither party may apply to any court for a modification of this Agreement, with respeet to
aHmony, distnbution of property, or otherwise, whether pursuant to the Divorce Code or any
other present or future statute or authority. Except as provided for in this Agreement, it shall be
the sole respoDSlbility of Wife and Husband to 91<tain herself or himself without seeking any
support from the other party from the date of exe(,:ution of this Agreement. In the event llull
either of the parties shan nevertheless seek such a modification, that party shall indemnify and
hold the other party harmless from and against any loss resulting therefore, including counsel fees
and costs.
16. Waiver or Modification to be In Writing. No modification or waiver of any of the
terms hereof shall be valid unless in writing and signed by both puties and no waiver of any
breach hereof or defiJuh hereunder shan be deemed a waiver of any subsequent defauh of the
same or similar nature.
17. Mutual Cooperation. Each party shall, at any time and from time to time
hereafter, take any and an steps to execute, acknowledge and deliver to the other party any and an
further instruments and/or (within at least fifteen days after demand therefore) documents that the
other party may reasonably require for the pwpose of giving fun force and effect to the provision.s
of this Agreement.
18. Law of Pe1W}'lvania Applicable. This A8l'ecmcnt sha1I be construed ill
acc~rdance with the l.ws ofth. CODllllOllwealth ofPermsylvania which u. ill effect as oldle date
10
of execution of this Agreement.
19. Integration This Agreement constitutes the entire understanding of the parties '
and supersedes any and an prior agreements and negotiations between them. There are no other
representations, terms, covenants, conditions, agreements or warranties, express or implied, oral
or written of any natute whatsoever, other than those expressly set forth herein.
20, Severability, If any term, condition, clause or provision of this Agreement shan be
determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provi.<;ion shan be stricken from this Agreement and in all other respeets this Agreement
shan be valid and continue in full force, effect and operation. Likewise, the failure of any party to
meet her or his obligations under anyone or more of the Paragraphs herein, with the exception of
the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations
of the parties.
21. Contraci Interpretation For purposes of intCl)lretation and for the purpose of
resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly
by their respective attorneys,
22. Waiver 01 Liability. Husband and Wife each knowingly and understandingly waive
any and an pOSSIble claims that this Agreement is, for any reason, illegal or for any reason
whatsoever of public policy. unenforceable in whole or in part, Husband and Wife each does
hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be
estopped from asserting any illegality or unenforceability as to an or any part of this Agreement.
11
2. The settling of all disputes, rights and/or interests between them arising out of or
by reason ofthClir marriage including but not limited to thc past, present and future support,
alimony, counsel fees, costs or maintenancc ofWifc by Husband or of Husband by Wife;
3. In general, thc senling of any and all actual and possible claims by each party
a8ain5t thc other or against their respective estates,
NOW lHEREFORE, in consideration of the premises and ofthc mutual promises,
covenants and undertakings set forth in this Agreement and for other good and valuable
consideration, thc receipt and adequacy of which is hereby acknowledged by each ofthc parties
hereto, Wife and lfusband, cach intending to be legally bound hereby, covenant and agree as
foDows:
1. Advice ofCouT/Sel, Thc provisions of this Agreement and their legal effec.;t havc
been funy explained to the parties by their respective counsel, Harry L. Bricker, Ir" Esquire, of
Harrisburg, Penmylvania, for Wife and William C, Kollas, Esquire, of Camp Hill, Pennsylvania,
for Husband The parties acknowledge that each has received independent legal advice from
cOllll$Cl ofhis or her own selection, that each has funy disclosed hi, or her respective financial
situations to the other including IW or her property. estate, assets, liabilities, income and CllpCllJes,
that each is fiuniliar with and fu11y understands the ra"1S, including the property, estate, assets,
earnings and income of the other, and th~t each has been ful1y informed as to his or her legal
rights and obligations- Each of the parties acknowledges and agrees that, after havinS rcceived
IlIC~ advise and with such knowledge, the Agreement is, in the circu"1~.nccs, fair reasoubie and
2
equitable, that it is being entered into frcely, voluntarily, and in good fiIith and that the execution
of the Agreement is not the result of any duress, undue in.ftuence, coercion, coUusion and/or
improper or illegal Agreement. The parties further acknowledge that they have each made to the
other a full and complete disclosure of their respc~-tive assets, estate, liabilities, and sources of
income and that thcy waive any specific enumeration thereoffor the purposes of this Agreement.
2. Definitions,
<a> Divorce Coth. The phrase "Divorce Code" shaI1 be defined as Aet No.
1990-206,23 Pa.C,SA ~ 3101 et seq,
(b> Date of Execution of this Agreement. The phrase "date of execution" or .
"execution date" of this Agreemeut shal1 be defined as the date of execution by the parties if they
have each executed the Agreement on the same date, Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
3. Effective Date of Agreeme1lt, This Agrcement will bec01l1l: effective and binding
upon both parties upon execution of this Agreement by both of them
4. Effect of Divorce Decl'ee-lw:orporation, No Merger, The parties agree that
unless otherwise specifically provided herein this Agrecment shall continue in full force and effeet
after mch time as a final decision in divorce may be entcrcd with respeet to the parties. Husband
and Wife agree that the terms of this Agreement shall be incorporated but not merged into any
div~rce deeril'C which may be entered with respect to the parties and therefore Wife and Husband
3
agree and each ofthc partics does hereby wurant and represent to the other that should either of
them obtain a dccree, judgment or order of separation or divorce in any statc, country or
jurisdiction, that party will take all reasonablc steps to have this Agreement incorporatcd as part
of any such decree, judgment or order, The parties further agree that thc CoUrt of Common Pleas
which may enter such divorcc decree shall retain continuing jurisdiction over the parties and the
subjeet matter of thc Agreement for the purpose of enforcement of any of the provisions thereof:
Nevertheless, it specifically is understood and agreed by and between the parties
hereto a.ud each of the said parties does hereby warrant and represent to the other that should
eithon of the parties obtain a decree, judgement or order of separation or divorce in any state,
country or jurisdiction, each of the parties agrees that all of the provisions of this Agreement shan
not be affected in any way by :my such separation or divorcc, it being agreed by the partics that
this Agreement shall continue in fun fo.:ce and effeet after such time as a final dccree a divorcc
may be entered and shall survive and not be merged into any such decree, judgment or order,
.5. Effect on Divorce, The parties agree to takc all legal steps (including timely and
prompt submission of all documents and the taking of all action including executing the
appropriate waivers of notice of the master's hcaring, right to file exceptions, and right to filc
appeal) necessary to assure that a divorce pursuant to Section 3301 ofthc Divorce Code is
entercd as soon as possible, but in any event not later than threc (3) weeks from the date of
cxecution of this Agreement. To that end, thc parties have cxecuted and agrce to promptly filc
thc affidavits required to obtain a divorce pursuant to ~ 330l(c) of the Divorce Code,
If; after thc execution of this Agrcement, either party dclays or contests the
4
obtaining of a fina1, unappealed divorce decree, that party shan be fully responsible for an
IttOm.ey'S fees, costs and/or expenses incurred as a result of such delay in obtaining the decree.
6. Effect of No Divorce, This Agreement is predicated upon and made subjeet to the
aUainm"'lt ofa final decree in divorce under Sections 3301(c) of the Divorce Code and therefor,
except IS otherwise provided for herein, thi.~ Agreement will be null and void jf a final decree in
divorce is not obtained with three (3) months of the date of execution of this Agreement.
7. Warranty of Disclosure. Husband and Wife represent and warrant that they have
disclosed to each other the full extent of their assets, income and liabilities, Each party has had
ample opportuniry to review the financial condition of the other and each party agrees no~ to
chaI1enge the instant Agreement based on an allegation of lack: of sufficient disclosure of assets or
income.
8. Equitable Distribution of Property.
(a) Premises, Hu~and and Wife hold title as tenants by the entireties of the
premises identified as 1.51.5 Slate Ifill Road, Camp Hill, Cumberland County, Pennsylvania 17011
(the "Marital Residence"). Wife shall execute a quit-claim deed to the Husband.
(b) Villa Rosa Partnership. At the time of the execution and delivery of the
quit-claim deed pursuant to subparagraph 8 (a) hereinabove, Husband will deliver the Villa Rosa
account to Wife, The Villa Rosa account partnership account has 37,000 shares ofNoff
Corporation whose worth is approximately Sixty Cents (S ,60) per share. The Wife shan receive
the ~st Forty Cents (SAD) per share of said stock. However, any increase beyond Sixty CUlts
.5
(S.60) III1til thc Villa RDSI account is delivered to the Wife shall be divided equaUy between
Husband and W1fe.
(c) Personal Property, An antique descn'bed as a "pie table" is to be delivered
to the Husband on the date of signing this agreell1l:llt for the sum ofTwo Thousand Dollars
(S2,000.00). Thereafter the pie table shall be the propeny of the Husband,
(d) Liabilities. Husband shall assume payment of Wife's 1995. 1996, and
1997 Pennsylvania State and Federal taxes of approximately Seven Thousand Dollars
($7,000,00). Husband also agrees to assume the debts for Wife's medic:tl expenses incurred prior
to December 31, 1997, Husband shall assume these expenses and hold the Wife harmless
therefrom.
(e) Automobi~, The Wife shall receive title to her 1995Jeep vehicle which
Husband has already surrendered to her md the Wife shall execute the necessary papers for
tr:msfer of the 1997 Pontiac to Husband Husband shall make the Iecp payments through May
14, 1998, The balance of the payments owed after May 14, shall be paid by Husband within a
one-year period or upon sale of the house whichever first occurs, If Wife makes any payments,
shc win be reimbursed by Husband
(f) Clothes Washer and Dryer, The Wife shall receive the clothes washer and
dryer.
(g) Support, Husband shall pay Wife the sum o{Four Hundred Dollars
($400,00) a month through May 31, 1998. In addition, Husband sha11 pay Wife's health
insurance and car insurance through May 31, 1998,
6
9. P""ano/ Property, All other personalty has been divided between HWlbaad aad
WLIil and DO fiuther distribution need be accompliahed.
10. Credit, Wife and Husband rcpresent that they have taken a11lllepl necellllJy to
make sure that no credit cards or simi1ar aCCOWlIs exist which provide fijr joint IlabilJty, f'rom the
date of executioD of this Agreement, each party shall use only those cards aad account. for which
that party is individually liable,
11. Counsel Fees, Husband and Wile agree each party shan Le responsible for hia or
her own legal fees and expenses, except that, in the event of a bre~ch of thiJl Agreement, feel shal1
be recoverable by a non-breaching party in an action to enforce the provisionll of thia agreement.
12, Warranty as to Future ObligatiOll3. Wife and Hu:iband each covenant..
rcpresents, warrants, and agrees that, except as may be otherwise specifically provided for by the
terms of this Agreement, neither of them shan hereatler incur any liability whatsoever for which
the other or the estate of the other may be liable, and each now and at all timea herealler Iha11
indemnifY and hold harmless the other party from and against aay such liabilitiea, COlt I or
expenses, including attomcy'll fees, relating thereto in~'llJTed by the other party atler the date of
execution of this Agreement.
13, Warranties as to Existing Obligatiom, Durin. the courae of the mania.e,
HU~and and Wife have incurred certain liabilitlea and it i. hereby a.....d, without tile neceulty ot
7
ascertaining for what purpose and for whose use each of the bills was incurred, that of those
liabilities that were incurred prior to the date ofexc:cution of this AgreeIl'.eDt, Wife and Husband.
each covenants, represents, warranes and agrees that, except as may be otherwise specifically
provided for by the terms of this Agreement, as of the date of execution of this Agreement, no
unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the
other party may be deemed liable; and, if any such debts or obligations should be determined to
have existed as of the date of execution of this Agreement, the party who incurred that debt shal1
indemnifY and hold the other party harn1Iess for and against any loss or liability and costs or
expense, including attorney's fees, incurred as a result of those liabilities,
14, Mutual &Ieases. Except, and only except, for all rights, agreements and
obligations of whatsoever nature arising under or which may arise under this Agreement or for the
breach of any part of this Agreement. Wife and Husband each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of the other, for an time to come, and for
an purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the
property (including income, and gain from property hereafter accruing) of the other or against the
estate of the other, of whatever uature and wheresoever situate, which he or she now has or at
any time hereafter may have against the other, the estate of the other or any part thereof; whether
ari.~g (a) out of any former aets, contraets, engagements or liabilities of such other, (b) by way
of dower or courte~y or claims in the nature of dower or courtesy or widows or widower's rights,
(c) as 6uni1y exemption or simi1ar allowance, or (d) under the intestate laws, the right to take
against the spouse's will, the right to treat a lifetime cODveyance by the other as testamentary, or
8
an other rights of a surviving spouse to participate in a deceallCd spOUllC'1 e!lUte, whether arising
under the laws of (I) Pennsylvania, (ii) any other State, COll1llll>nweahh or territory of the United
States, or (ill) any other country, Except, and only except lor all righu. Il!l"ccmenu and
obligations of whatsoever nature arising under or which may arise under this Agreemeut or for the
breach of any part of this Agreemeut, the parties Il!l"ee lllat thia AllI'eemcnt shall be and constitute
a full and final resolution of any and all claims which each oflhe panie~ may hive al!ain~ the
other for equitable distn'bution of property, alimony coun.ellce~ and expcnllClI, alimony pendente
lite or any other claim pursuant to the Pennsylvania l>ivurce Code or the divorce law~ of any
other jurisdiction, The parties further release and waive IllY ri/lhl!l which eilher plrty may hive
now or hereafter against the other including bUI 1I0t limited 10 claim. lilr put. present Qr futlue
support or maintenance, alimony, alinlOny pendenle lilt!. pflIpeny .liviuon (includillg but not
necessarily limited to equitable distn'bution). counsel/cu, COllis or e:,<penses, whether arising IS a
result of the marital relation or otherwise. whether under the Divorce Code or otherwiJe. Except,
and only except, for all rights, agreements and obligltions of whatsoever Dlture arising under or
which may arise under this Agreement or for thu breach of IllY part of this Agreement, it is the
intention ofWue and Husband 10 give to each other by the e:,<eculion ofthhl Agreement, and full,
complete and general release with respeet to any Ind III property of any kind or nature, whether
real, personal or mixed, which the other now owns or may hereafter Icquire.
B. Mutual Waiven E,:,<cept as provided for in this Agreement, Wife and Husband do
hereby waive, release. and give up any rights that they may respectively have, either at the present
or iI! the future, against the other for equitable d1stn'bution, alimony, support, maintenance, or for
9
any other right resulting from their status as Wife and Husband. Wife and Husband agree that
neither party may apply to any coUrt for a modification of this Agreement, with respeet to
alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any
other present or future statute or authority. Except as provided for in this Agreement, it sha11 be
the sole responsibility of Wife and Husband to sustain herself or himself without seeking any
support from the other party from the date of execution of this Agreement. In the event that
either of the parties shan nevertheless seek such a modification, that pl1ty shan indemnity and
hoW the other party harmless from and against any loss resulting therefore, including counsel fee3
and COsts.
16. Waiver or Modification 10 be in Writing. No modification or waiver of any of the
tmns hereof sha11 be valid ur1Iess in writing and signed by both parties and no waiver of my
breach hereof or default hereunder shan be deemed a waiver of any subsequent default of the
same or simi1ar nature,
17, Mutual Cooperation. Each party shall, at any time and from time to time
hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and an
further instruments and/or (within at least fifteen days after demand therefore) documents that the
other party may reasouably require for the purpose of giving full force and effeet to the provisions
of this Agreement.
18, Law of Pennsylvania Applicable, This Agreement sha11 be construed in
.c~rdance with the laws of the Commonwealth ofPCIItlsylvania which are in clf'ect as of the date
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of execution ofthia Asreement.
19. Integrafton. This Agreement constitutes the entire understanding of the parties
and supersedes any and an prior agreements and negotiations between them. There are no other
representations, terms, covenants, conditions, agreements or warranties, express or implied, oral
or written of any nature whatsoever, other than those expressly Set forth herein,
20. Severability, lfany term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provision shan be ~cken from this Agreement and in an other respeets this Agreement
shan be valid and continue in full force, effeet and operation. Likewise, the failure of any party to
II1eC( her or his obligations under anyone or more of the Paragraphs herein, with the exception of
, the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations
of the parties.
21. Contract Interpretation. I'or purposes of interpretation and for the purpose of
resolving any ambiguity herein, Husband and Wife agree that thia Agreement was prepared jointly
by their respective attorneys,
22, Waiver of Liability, Husband and Wife each knowingly and understandingly wajo/e
any and an possible claims that this Agreement i~ for any rea:lOn, illegal or for any reason
whatsoever of public policy, unenforceable in whole or in part, Husband and Wife each does
hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be
estopped from asserting any illegality or unenforceability as to an or any part of this Agreement.
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