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Home My WebLink About97-05401 " ~ ~ ! 'I ~ , Q ,,", , '~ \) " .~ ; ~ ~ , , " ,,' .Ii .\ " " ,i' ., ',' \ , '1,1!" , , , ..I, " J't I " , 1 II ',i " , , , , " , .1', " , ;,,'!, , "I " , , >I ., ,., ., " , " , , ., , '. it' , ,. ., I I '1 ;', , ,:1 ,;1 1'-, " , .',' " , , , , "', I: " 'li , , ,. , '! , , , 1 /") ',I , , ',' :' Pi ',' " I, }l , " , 'I ',,' ,.; " ",', , " '11 t ' , , ,I " , "t !,.:i, 'I' I;; If~ .1, d,,:;' (~~J,.~ -6 ~,,1j ,J'ty -0, fr, ~tt~ ...,;w:;". ~ 1/1- ,,' " " " i' , , " r'" I " " . , . 6. The parties have no children as of the date of this Agreement and Wife is not now pregnant. 7. The parties agree that grounds lor divorce currently exist and that they are living separate and apart. A complaint lilr the divorce of the Parties was tiled in The Court of Common of Cumberland COllllly. Pennsylvania to number 97-540 I-Civil. on October 2. 1997. 8. It is the intent of Ihis ^greementto sellle lorever and completely the interests and obligations of the Parties in all properly that they own separately. and all property that would qualifY as marital property under the Pennsylvania Divorce Code as between tltemselves. their heirs and assigns. The parties have attempted to divide their marital property in a manner that conforms to a just and Illir standard. with due regard to the rights of each Party. 9. The parties intend by this Agreement to allocate sullicient property and income to each so as to provide completely for ail needs of each lor fi.llme SuppOl1. 10. This agreement shall become ellective upon the signing of both pm-ties. II. If aileI' the divorce is !inal, the Parties reconcile and resume cohabitation. regardless of whether they subsequently remarry each other. this Agreement shall remain in Ii.dl force and effect. 12. Each party represents and warrants that he or she has made a lull disclosure to the other of all of his or her property interests of any nature, including any mortgage. pledge. lien, charge. security interest. encumbrance, or restriction to which any property is subject, Each party further represents that he or she has made a 1i.I1I and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gin or transfer lor inadequate consideration of marital property without the prior consent of the other. 13. Each Party acknowledges that. to the extent desired. he or she has had access to all joint and separate state and lederaltax returns filed by or on behalf of either or both Parties during marriage. 14. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity or before any governmental body. Neither Party is aware of facts that might result in any action. suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree ofany court or 2 . Renl Pronertv 17. The parties ugree thUlthe jointly owned hOl1le locutcd ut 446 ('lover Road. Etters, York County. I'ennsylvunlu (Ihe l1Iarillll residence), shull conlinue to be listed lor sale with the ReMax real estute brokertlge Clll1lpuny. until the present listing cxpires Inlhe event that the madlul residcnce has nol sold by the lime lhe real estate listing ugreement hus expired. the parties shall mutually agree to continue the listing ugreement or \1btainanolher real estate broker. The net proceeds Irom the sule of the l1Iarital residence shull be split evenly between the partics and shall first be applied to the jointmluital debt obligutions which are discussed in paragraph 23 hereof The parties likewise ugree to be responsible lor their proportionate shure of any capital gains tax liability. The purties reulile that there is presel1lly lillle. irany. equily !nthe marital home. therefore. in the event thatlhe home can not be sold at u profit, the net loss shall be borne equally by the partics. It is lurther agreed that if the marital residence should require any major repairs (such as furnace, air conditioning, major structural repairs, etc.) prior to sale. that the cost thereof shall be split equally between the parties. Husband shall continue to reside at the marital residence and pay the mOl1lhly mortgage payment 01'$1.066,14 to First Union, as well as the home utilities and will hold wile harmless in the event that he delillllts in paymenl Husband shall have the oplion ofre-financing the existing joint mortgage with First Union. with an approximate principal balance due 01'$104,000.00 by obtaining a mortgage secured on the marital home in his own name only. If he can accomplish this retinancing, Wile agrees to execute and deliver a sullicient deed to the Husband conveying all her right, titlc. and interest in and to the marital residence and Husband shall be the sole owner of the marital residence, Iree and clear of any claim on the part of the Wile, If Wile liIils, as required by this paragraph, to execute and deliver a sutliciel1l deed conveying all right, title and interest in and to the marital residence. this agreement shall constitute and operate as such a conveyance. Provided. however. that Husband must exercise this refinancing option within one (I) year aileI' the date a decree of divorce is entered divorcing the parties Irom the bonds of matrimony, otherwise, the parties shall continue to list the marital residence until it finally sells. If Husband manages to refinance the mortgage during the term of any then existing brokerage sale listing agreement, and the marital residence sells. Husband shall be entitled to all of the net profit IrOlll the sale, and likewise, he shall be responsible lor all of any net loss Personal ProDcrtv 18. All household goods, tilrnishings, tilrniture, fixtures, appliances, linens, silverware, dishes. and all other personal property which was located in or at the parties marital residence, and elsewhere. have been divided bctween Ihe parties to their mutual satisfuction. 4 . CRsh And Hnuk Accounts 19. All cash presently in the possession of either party, including that held in bank accounts, savings accounts and Christmas clubs, shall remain their separate property, Ii'ee and clear of any claim whatsoever of the other. Motor Vehicles 20. Husband shall be the owner of the parties 1992 Ford Explorer, which is presently titled in Husband's name, and Wite shall be the owner of the parties 1974 Chevrolet Camaro and 1995 Mercury Sable, which are both presently titled in hcr name, The joint car loan on the Camaro to PSECU, loan number 207668956 shall be assumed and paid for by Wite, who shall make her best ellortto relinance the loan into her name only aller a period of one year from the date of any decree in divorce between the parties, and Wite tlirther agrees to hold Husband harmless for any detault on the loan, in accordance with the "novation" provisions discussed below in paragraph 22 Pensions/EmDloyment Uenents 21. Husband agrees to waivc any and all right, claims, or interest in the pensions, IRA's, 40 I (k) plans, retirement benelits, prolit sharing plans or any other employmcnt related benefits of his Wife, which may exist at the date of this Agreement. Wife agrees to waive any and all right, claims, or interest in the pensions, IRA's, 40 I (k) plans, retirement benelits, prolit sharing plans or any other employment related benetits of her husband, which may exist at the date of this Agreement. Each party further agrees to execute any documents which may be necessary or may be required in order to accomplish the purpose of this waiver. Debts lIot Secured by Real Estate to be pssumcd by the Darties individually 22 During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for payment of the Hechingcl' charge account number 50332929319 with a balance due of approximately $800,00 and also the Lowe's charge account nUlllber 82221390236996 with a balance due ofappro.ximately $30000 and that Wife shall be responsible for payment of the Pet land charge account number 28535879 with a balance due of approximately $350.00. The parties agree that they shall close these joint accounts for which they are now individually responsible and reopen them in their own name only, if the creditor allows, or pay these accounts in full, 5 This provision as well as paragraph 20 in respect to the camaro loan, selslonh the method lor payment and assumption oflhe debts and liabililies of the panics. Since the assumption is not binding on the creditor, the puny llssuming the debt agrees 10 indemnitY lhe other puny in the event the creditor seeks 10 hold the lllhcr pnrly liublc. Should the panics wish to bind the creditor and relieve the original deblm Ihull nil liability, unovation should be executed The panics shall be individually linble lor nil other debts which arc solely inlheir name, including credit card debts and personal loans By this agreemelll, neither pany shall incur any obligatioa or liability in regard to any debt which is solely in the name oflhe other puny. No other marilal debts exist except as described in paragraphs 17 and 23. Debts not Secured bv Real Estote to be 1155U"led bv the Dorries lointlv 23. During the course of the nwriage, Husband and Wile have incurred certain joint bills and obligations and have amussed a variety of debts, and it is hereby agreed, without the necessity of ascertaining lor what purpose and to whose use each of lhe bills were incurred, that the parties shall each pay one half of the minimum monthly paymelll due lor the following joint charge accounts: Boscov's Department Store accoulllnlllnber 7617690 with a balance 01'$995.00, of which Wife shall be responsible lor $400.00 and Husband shall be responsible lor $595.00; PSECU Visa account number 4121340001173604, with a balance 01'$4,800, of which Wile shall be responsible for $2.400.00 and Husband shall be responsible for $2,40000; 1" Bankcard Mastercard accoulllnumber 5411176245114772 with a balance of $3,400.00, of which Wite shall be responsible lor $1,700.00 and Husband shall be responsibll'lor $1,700,00 The panies shall calculate when each has IllUilled lheir obligation lor each of these charge accounts laking into consideration the accruing linance charges and late fees. They shall agree as to whom shall make the monthly payment, either together with each party writing out a check lor half of the minimum payment or alternating monthly with one of them making the lull minimum paymenl and the other paying the nextlllolllh. At any lime either party may choose to pay part or all of their portion of the debt by adding to the minimumlllonthly payment. If either party pays their ponion of the debt in full, the other party is them responsible lor the lull mOlllhly payment on their amount remaining. The parties agree that there will be no more purchases allowed on any of these joint accounts. This provision sets lorth the method lor payment and assumptionoflhe debts and liabilities oflhe parties. Since the assumption is nOI binding on the creditor, the party assuming the debt agrees to indemnily the other party in the event the creditor seeks to hold the other party liable. Should the parties wish to bind the creditor and relieve the original debtor from all liability, a novation should be executed, The parties shall be individually liable for all other debts which are solely in their name, including credit card debts and personal loans. By this agreement, neither party shall incur any obligation or liability in regard to any debt which is solely inlhe name of the other party, No other marital debts exist except as described in paragraphs 17, ~O and 22. 6 " " , ." " " ., " " 8 .0 !'.? en ~~fJ iX -) 'i] ct!~1 "'" ih~ "'" -;'c.' ", -~J~ , t,~ .r,' 0", ';", , '':S,'''' ::j ',..('J ~ r, ~i; r' ~ '.'). ." .- ',- r:<-:<.'.l ~ 'l'j I '~"C: ~I ~ 'f.J1 ~,. eTl ~ ", , ' , . STEPHEN P. DIEHL, Plalntift. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. - CIVIL TERM KELLY A. DIEHL, CIVIL ACTION. LAW IN DIVORCE Defendant NOTICE OF A V AILADILITY 011 COlJNSELlNG TO THE WITHIN.NAMED DEFENDANT You have been named as the Defendant in 11 Complaint in a divorce proceeding filed in th" Court of Common Pleas of Cumberland County. Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code. you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Prothonotary's Office, located in the Cumberland County Courthouse. One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling. you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute II waiver of your right to request counseling. I.J , ;"'. " :,~ ;:i'i_~ "i~ )il' _._- -- -.:=--==--- , I, , I , "'1 <, .,' ~LE(H)FnCE /2)f7' Onr.<,:T~'~ i'IY)T'.n~,mAAY CJ::A7 -2 Ailll125 CUM" . .., ", ^~J~ITY I~J',.II,.J I, L) l,l~)t . I , PE:N~:SY,-\l,\.\L\ ;1 , , , " 'r ,\11 ", ,', , ' (, , , , :'i 17S": SZ) rd' S:CJ~ ~ iJ . /~.!,tJ ~. ~ ., " I. ti?f: ;2 tl'y J!tIt' " , , I :!, ,i'i' '., ;I, 'I , 'I"~ if ,";J., \";:._,: l;~: :':~; j'-~l~:', j ,; " ',' , ' __, ,! , ,I .' L ,~ , '",,,, ",,'" '.1 j;. ;,,;\1';:"lltf!;>'i'~,rH'd Ii',;~.l$;n,~. l>;tj'~.(ii,h.' <iWH~lk'fl --- --- --- " .. '\'r' ,- - '1,,1",' !, I,' '\ ;;',r,),~_11 ~ \, i.. " I., ;" "f , ,\,":'\:;~':/L,':I'". ',' .1 I', ,'-' .' ". \,1 ,I" " " I' 'i,1 '1'-" , ", ) '" ' ," " " i-' '1"" I," ,I ';1 ",:, I'. . , ,-~ \; I, ,'I, ;,,' ';i' ';"::;.1, " :(~/, ',1- ",,1 " " ,'''t'', L '!' "~I ,I' j' :'J .--, ~'I ' .'1" " ~1(J;n CFFIC[: OF 11<': r-:"I,"'(,I,IOTNW " I ,. '" :"'1 ", 97or.r /6 t.lt 101 ~IO , ,11)1'"j!!', I"~ i-U"'l" I ' .. "'N''''' ,\.I f\lr,I~I$,"..I.' LCt.,.,j:,IJ, IJ"f''''''''IIIIN.'i' , ,~ \h<.)~lr:"',', " " ':-, " ;, ",- -'r I 1',1. " II')' ':1 ~ j.-, i ~ \ ; ,~ , ,I, 1 \, I /,' ! '_ i", ~ :: :1 ':,;1 ., , 1(' " , I, 'J ,I , ,;',1' ", " , '. ::-1: )' " 1/ " ri,_, 'I'" '-" ,'I , ;:J'!i , ,I ',I,j! " " ,I, 1" ,),., , I,~ , , , ,_j',,' I , J, ~ I ~ ' , I"~ ,i) ~,~ ," , , 'J!" , " .1 ," P'-,' 1'_\ , " "ii, i, , ,,'!! " , ",'li;/ :,t , ,,"1 r" , 'fl" 1,1,-',1 \1.,1'," " ., :1 ,,-j'/ ',l{ '1>1 II ,'I: i'I' I ,,;1. , , ',';,), /'-1' , H.'II J. " ., '"I " ",', , "i-, '., '.. " .')'11, " , , ,', _i\ n, , ... " " " , " ,I .. ',I ~ \ , '~ " "I, " '"",;i ,. , I , , '-1,'1-' ,\:" "hI J:',",' L 'co" !;,~~,';.':,U::;r'I'-"'~ 'I: ,-, t, 'I "1 ;'\ !I',;,':/,"~:'::(;J i"_'I' I':, -'\:;\,' " '/""'1' ) :1 11'1 , ",'i, ,-,-, ,I':;" ". , " ";',,), -,: , " ;, ~ :, I ;- , ,:'_,"'-,\\1.,; " ", ,:,' ' ":j-,-' ,," \~il,' I ,; ',-, ,])~ ..;!,' I' I""""! "11 "" , " I' ")1/' 1""'.0 I " ':",1:,';' d, '1' . !'I, " ' 'i," ;: ,',i, "tl_,' I,', ,''','' " i,')' "'I 'I I. ," " , -;'11" ',' '!I' ':i " ,,;- ',( 'I): '11,_ ,j'I'I;( " I, .. , ....,1 .-,',' ';!- ,I 'I' ,I'" , ',', t 1~. 'Ii'" , . ; , , :1, ;11-,' ,I r " :1: It " ," , ..' " "I " ,'I ,; ''',C, 'I' , ',-L 'I " ,'I-,'L, ) "I 1,,-\, 'f" ;i , '. t I' I " I I I' n 1,0 9t 'I ~" CD ~fJj ;;r. ~I 1'" n ll~~ ~'" Z )"1 N ~Pc:," (l1,r' .;n F:-'i \ "0 ~.,. .~1 ~. ::1:: ' ) ;;h~'} (..) ~ ';.,.C~ .. ::t' '.n ~ ~ en , I 'I I, I' , " . . STEPHEN p, DIEHL, Plalntltl. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA, v, No. 97-5401. CIVIL TERM KELL Y A, DIEHL, CIVIL ACTION. LAW IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330111:) OF TIlE DIVORCE CODE 1. I Consent to the entry of a linal decree of divorce without notice. 2, I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do not claim them before a divorce is gramed. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penailies of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities. Date: 3J~y/9g , , ~S;/~ Kelly A. Di Defendant '-._ ~~'J;~~ 4 -a PUBLIC K, ..----. "-'''- Norll/HAl ~t,.\1 MICHAEL R. CAHANCI, tln1ary Public Camp Hili Bora. Cumb'ill.lllil County My Commission Explreo Juno 15, 1006 " , ," , , " , , '" " ': , , " '~ i " . , I, Itl " ,~ '~I ~fR '.:.\;) 'v N ,'r.; , ~t 0'\ j , ,"" ',.t r(~ .." "r . r' ,'" ::lI: ,oJ '(' ''.I'i '~~I >"' W ~, !z .. '.11' , ::l Ir , " " " , " STEPHEN P. DIEHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v 97-5401 CIVIL TERM KELLY A. MAXWELL, Formerly Kelly A. Diehl, Defendant IN DIVORCE PBTITION 'OR BNrORCKMBNT 0' DIVORCE SBTTLBMBNT AGRBBMBNT AND NOW, comes the Defendant Kelly A. Maxwell, formerly known as Kelly A. Diehl, by and through her attorney, Christopher C. Houston, Esquire, who, pursuant to 23 Pa.C.S.A. 3105 and 3502(e), avers as follows: 1 The Petitioner is Kelly A. Maxwell, formerly known as Kelly A. Diehl, the above-captioned Defendant, an adult individual, currently residing at 4770 Lynngate Drive, Memphis, Tennessee. 2 The Respondent is Stephen P. Diehl, the above-captioned Plaintiff, an adult individual, currently residing at 1518 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania. 3 On April 1, 1998, a decree in divorce was entered in the above- captioned case, incorporating therein a Comprehensive Divorce $4,665,68, 8 Exc:ept for one payment of $49, which was made in approximately April of 1998, Respondent has made no other paymehts since the date of the Agreement on the VISA Account. 9 On August 3, 1998, Petitioner corresponded with Respondent asking for receipt from him on a monthly basis of the sum of $48 per month, or in other words, one-half of the minimum monthly payment due, after receipt of which Petitioner would continue to make the total monthly payments. 10 Respondent has refused to cooperate with Petitioner in making payments on the VISA Account. 11 By letter dated October 1, 1998, with said letter having been received by Respondent, as evidenced by a return receipt dated October 2, 1998, counsel for petitioner sought Respondent's cooperation concerning making a contribution toward one-half of the monthly payment on the VISA Account, to which no response has been received, with a copy of said letter being marked as Exhibit B, 6, The ponies have no children as of the date of this Agreement and Wife is not now pregnant. 7. The ponies agree that grounds for divorce currently exist and that they are living separate and apart, A complaint for the divorce of the Panies was filed in The Coun of Common of Cumberland County. Pennsylvania to number 97-540 I-Civil, on October 2, 1997. 8, It is the intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all propeny that they own separately. and all propeny that would qualify as marital propeny under the Pennsylvania Divorce Code as between themselves, their heirs and assigns The panies have attempted to divide their marital propel1y in a manner that conforms to a just and fair standard, with due regard to the rights of each Pany, 9, The panies intend by this Agreement to allocate sufficient property and income to each so as to provide completely for all needs of each for future support, 10, This agreement shall become elTective upon the signing of both parties. 11, If after the divorce is final, the Panies reconcile and resume cohabitation. regardless of whether they subsequently remarry each other, this Agreement shall remain in full force and effect. 12. Each party represents and warrants that he or she has made a full disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gift or transfer for inadequate consideration of marital property without the prior consent of the other, 13, Each Party acknowledges that, to the extent desired, he or she has had acceS3 to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during marriage. 14. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity or before any governmental body, Neither Party is aware of facts that might result in any action, suit, or proceeding against either Party or against any marital property, Neither Party is in default with respect to any order or decree of any court or 2 government body and no marital property is liable for the payment of any obligation by order or decree of any court or government body, IS, All federal. state, and local tax returns required to be filed by the Parties have been tiled, and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid, Neither Party has been delinquent in the payment of any tax, assessment or governmental charge, Neither party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute oflirnitations on the assessrnent or collection of any tax, EO(JITADLE DISTRIBUTIO~ OF PROPERTY 16, It is specifically understood and agreed tho,t this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code", 23 P,S. 3101 el. seq. of the Commonwealth of Pennsylvania, The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in section 3502 of the Pennsylvania Divorce Code, taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station in life, amount and sources of income, vocational skills, employability, estate, liabilities and needs of the parties: the contribution of one party to rhe education, training, or increased earning power of the other party: the opportunity cf each party for future acquisition of capital assets and income: the sources of income of both parties. including but not limited to medical, retirernent. insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker: the value of the property set apart to each party; the standard of living that the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, The division of property under rhis Agreement shall be in fulJ satisfaction of all rights of equitable distribution of the parties 3 Helll Pronertv 17, The parties agree that the Jointly owned home located at 446 Clover Rood, Etters, York County, Pcnnsylvania (thc marital residence), sholl continue to be listed for sole with the ReMax real estate brokerage company, until the pr~sent listing expires, In the event that the marital residencc has not sold by the time the real estate listing agreement has expired, the parties shall mutually agree to contlnuc the listing agrcement or obtain another real estate broker. The net proceeds from the sale of the marital residence shall be split evenly between the parties and shall first be applied to the joint marital dcbt obligations which are discussed in paragraph 23 hereof. The parties likewise agree to be responsible for their proportionate sharc of any capitol gains tax liability, The parties realize that therc is presently little, if any, equity in the marital home, therefore, in the event that the home can not be sold at a profit, the net loss shall be bornc equally by the parties It is further agreed that if the marital residence should require any major repairs (such as furnace, air conditioning, major structural repairs, etc,) prior to sale, that the cost thereof shall be split equally bctween the parties, Husband shall continue to reside at the marital residence and pay the monthly mortgage payment of$I,066, 14 to FirslUnion, as well as the home utilities and will hold wife harmless in the event that he defaults in payment, Husband shall have the option of re-financing the existing joint mortgage with First Union. with an approximate principal balance due of5104,OOO,00 by obtaining a mortgage secured on the marital home in his own name only. If he can accomplish this refinancing, Wife agrees to execute and deliver a sufficient deed to the Husband conveying all her right. title, and illlerest in and to the marital residence and Husband shall be the sole owner of the marilal residence, free and clear of any claim on the part of the Wife. lfWife fails, as required by this paragraph, to execute and cleliver a sufficient cleed conveying all right, title and interest in and to the marital residence, this agreement shall constitute and operate as such a conveyance, Provided, however, that Husband must exercise this refinancing option within one (I) year aftcr the date a decree of divorce is entered divorcing the ponies from the bonds of matrimony, otherwise, the parties shall continue to list the marital residence Ulllil it finally sells, If Husband manages to refinance the mortgage during the term of any then existing brokerage sale listing agreement, and the marital residence sells, Husband shall be entitled to all of the net profit from the sale, and likewise, he shall be responsible for all of any net loss, Personal Pronerty 18. All household goods, furnishings, furniture, fixtures, appliances, linens, silverware, dishes, and all other personal property which was located in or althe parties marital residence, and elsewhere, have been divided between the parties to their mutual satisfaction, 4 CAsh And DAnk Accounts 19, All cash presently in the possession ot'either party, including that held In bank accounts, savings accounts and Christmas clubs. shall remain their separate property, free and clear of any claim whatsoever of the other Motor Vehicle1 20. Husband shall be the owner of the panies 1992 Ford Explorer, which is presently titled in Husband's name, and Wife shall be the owner of the parties 1974 Chevrolet Camaro and 1995 Mercury Sable, which are both presently titled in her name. The joint car loan on the Camaro to PSECU, loan number 207668956 shall be assumed and paid for by Wife, who shall make her best effon to refinance the loan into her name only of\er a period of one year from the date of any decree in divorce between the parties, and Wife further agrees to hold Husband harmless for any default on the loan, in accordance with the "novation" provisions discussed below in paragraph 22. Pensions/Emnlovment Denelits 21. Husband agrees to waive any and all right, claims, or interest in the pensions, IRA's, 401 (k) plans, retirement benefits. profit sharing plans or any other employment related benefits of his Wife, which may exist at the date of this Agreement. Wife agrees to waive any and all right, claims, or interest in the pensions, IRA's, 401 (k) plans, retirement benefits, profit sharing plans or any other employment related benefits of her husband, which may exist at the date of this Agreement. Each party further agrec! to execute any documents which may be necessary or may be required in order to accomplish the purpose of this waiver, Debts not Secured bv Real Eslnte to be assumed bv the Ilarties ludividuallv 22. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for payment of the Hechinger charge account number 50332929319 with a balance due of approximately $800,00 and also the Lowe's charge account number 82221390236996 with a balance due of approximately $30000 and that Wife shall be responsible for payment of the Petland charge account number 28535879 with a balance due of approximately $350.00, The panies agree that they shall close these joint accounts for which they are now individually responsible and reopen them in their own name only, if the creditor allows, or pay these accounts in full, 5 '-' ~ ~'.~."i'I"',~. , i This provision as well as paragraph 20 In respect to the camaro loan, sets fonh the method for payment and assumption of the debts and liabilities of the panies, Since the assumption is not binding on the creditor, the pany assuming the debt agrees to IndemnifY the other party In the event the creditor seeks to hold the other party liable, Should the parties wish to bind the creditor and relieve the original debtor from all liability, a novation should be executed. The panies shall be individually liable for all other debts which are solely in their name, including credit card debts and personal loans. By this agreement, neither pany shall incur any obligation or liability in regard to any debt which is solely in the name of the other pany. No other marital debts exist except as described in paragraphs 17 and 23. Debts not SeclIred hv Real Estnte to be nssumed bv the pnrties iointlv 23, During the course of the marriage, Husband and Wife have incurred cenain joint bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that the panies shall each pay one half of the minimum monthly payment due for the following joint charge accounts: Boscov's Depanment Store accounr number 7617690 with a balance of$995,00, of which Wife shall be responsible for $400.00 and Husband shall be responsible for $595,00; PSECU Visa account number 4121340001173604, with a balance of$4,800, of which Wife shall be responsible for $2,400.00 and Husband shall be responsible for $2,400.00; 1" Bankcard Mastercard account number 5411176245114772 with a balance of$3,400.00, of which Wife shall be responsible for $1,700.00 and Husband shall be responsible for $1,700.00. The panies shall calculate when each has fillfilled their obligation for each of these charge accounts taking into consideration the accruing finance charges and late fees. They shall agree as to whom shall make the monrhly paymenr, either together with each party writing out a check for half of the minimum payment or alternating monthly with one of them making the full minimum paymenr and the other paying the next month At any time either pany may choose to pay part or all of their portion of the debt by adding to the minimum monthly payment. If either pany pays their ponion of the debt in full, the other pany is them responsible for the full monthly payment on their amount remaining, The panies agree that there will be no more purchases allowed on any of these joint accounts. This provision sets fonh the method for payment and assumption of the debts and liabilities of the panies. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold the other pany liable, Should the panies wish to bind the creditor and relieve the original debtor from allliauility, a novation should be executed. The parties shall be individually liable for all other debts which are solely in their name, including credit card debts and personal loans, By this agreement, neither party shall incur any obligation or liability in regard to any debt which is solely in the name of the other party, No other marital debts exist except as described in paragraphs 17, 20 and 22, 6 t\L1MONY. ALIMONY PENDENTE LITE AND SPOUSAL SUpPORT 24. The parties herein acknowledge that by this Agreement they have respectively secured and meintaincd a substantial and adequate fund with which to provide for themselves sufficient financial resources to providc for their comfort, maintcnance and support, in the station oflife to which they are accustomed Husband and Wife do hereby waive. release and give up any rights they may respectivcly have against the other for alimony, alimony pendente lite. spousal support or maintenance, It shall be from the execution of this Agreement the sole responsibility of each of rhe panies to sustain themselves without seeking any suppon from the other party. WAIVER OF CLAIMS AGAINST ESTATE 25, Except as herein otherwise provided, each pany may dispose of his or her property In any way, and each pany hereby waivcs and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take propeny against the Will of the other, and the right to act as administrator or e,xecutor of rhe other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. ATTORNEYS FEES AND EXPENSES 26, The parties agree to waive receipt of and to be responsible for their own attorneys fees, costs and expenses in connection with the afore stated divorce action and in connection with the negotiation and preparation of this Agreement. If either party fails to comply with any provision of this agreement, that party shall be responsible for any attorneys fees, costs and expenses which the other party must incur in order to enforce this agreemcnt, BANKRUPTCY 27. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in banknlptcy and expressly agree to reaflirm any and all obligations contained herein. In the event a pany files such bankruptcy and pursuant thereto obtains a discharge of Bny obligations assumed hereunder, the other party shall havc rhe right to terminate this Agreement in which event the division of the parties marital assets and all other rights determined by this Agreernent shall be subject to court determination of same as if this Agreement had never been. 7 , - COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF ,CUMBERLANQ : ~ Be it remembered, that on the ....J.J.! day of . ~;Y , 1998, before me the undersigned officer, personally appeared Stephen P. Diehl, known to me (or satisfactorily proven> to be the person whose name is subscribed to the foregoinl! Comprehensive Divorce Settlement Agreernent and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seallhe day and year aforesaid, ~~ Notary Public NOTARIAlSfAl MICHAel R. CARANCI, Ilolaly Public Camp Hili 8010, Cumoorland County My Comml3slon Explra3 June 15, 1998 My Comrnission Expires: COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLANO Be it rem~mbered, that on the ::v/J'day of .~# ,1998, before me the undersigned officer, personally appeared Kelly A. Diehl, known to me (or satisfactorily proven> to be the person whose name is subscribed to the foregoing Comprehensive Divorce Settlement Agreernent and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. =~&. Notary Public NOTARIAlSfAl MICPAEI. R CARANCI, Ilolaly Public My Commission Expires: Camp HHI Bora, Cumoorland CounlY My Cummi35lon expires June 15, 1998 10 . " Christopher C. Houston Allomey at 1.1W ~2 w..t Pomf"l St...t Carli.I., P.nnlylvnnla 17013 717.HI.~970 FaClimil.: 717.2t1,6970 October 1, 1998 vrA CBRTr'IBD and prRST CLASS MArL Mr. Stephen P. Diehl 1518 Simpson Ferry Road New Cumberland, PA 17070 RBI Kelly A. Maxwell Dear Mr. Diehl: Please be advised that I represent Kelly A. Maxwell, As you are aware, you and Ms. Maxwell had entered into a Comprehensive Divorce Settlement Agreement dated March 24, 1998, which provided, among other things, for the payment of certain joint debts. More specifically, I am referring to Paragraph 23 of the Agreement. I understand that my client has attempted to obtain your cooperation in having you assume your responsibilities under the Agreement with respect to the payment of these debts. I have been requested to seek your cooperation in the payment on the Pennsylvania State Employees Credit union VISA account which, as of the date of this letter, has a balance of $4,665.68. My client has reduced the balance of that account since the date of the execution of the Agreement. Nonetheless, you are responsible for $2,400 of this balance, as per the agreement. Currently, my client has made arrangements with Genus Credit Management for the payment of this obligation. She is paying $96 per month to Genus. She is requesting your cooperation in paying one-half of her monthly payment or, in other words, paying $48 of the total payment. She is requesting that you forward on a monthly basis the sum of $48 payable to her to be received on or before the seventh day of each and every month. Her address is: 4770 Lynngate Drive, Memphis, TN 38141. EXHIBIT I"" ',I ,I r " e (0 ,., 1.'1 '1.. ~r: .....,. ~~ .," \": ''1 "'1 " , r; I' , , (. ~:' '1 , -, , l ~-) ., '. 10 , I , /--, , r -' J .' '. ,.:, ) .~ (1 '-.' , , " " ( '~ I',) i ., ~, r , .' ~ ':'.-1 :J1 :.; -, ,...I -, , I; , " I I