The URL can be used to link to this page

Home My WebLink About98-00935 i I I :J I I I I I ! 1 -~ j , j 1 J I I I I 'I \. i \l! i :::: I , V I I ~! I I ! I I I I I ~ i tI I::::: I ~ " .3 "'I ':.1 I , cl ~j i , :'":"J ,( I .~ 1 I C,.I ': fi -~i ~ . ~'! c.')"I -,] , , , , . WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intent_ion of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respoctive financial and property rights and ovligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and eql.litable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1 , INCORPORATION. OF PnAMBLE: The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement, 2. llGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-010 FAX: (717) 976-0697 Page 2 of 37 '....- .."..., .. . , ; Agreement is not intended to condone and shall not. be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other p3rty which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof, 3. prVORCE DECREE: their marriage iE' The parties acknowledge that irretrievably broken and that they will secure a mut.ual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the provisions of the Divorce Code if said docl.lments can not be signed upon t.he execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary t.o finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal. shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement in which event all rights and obligations provi.ded for herein shall become null and void and the parties shall be returned to the same legal and financial positions that they were i.n immediately prior to the execution of this Agreement, the parties being required to execute any and all documents necessary to effectuate the same. 4. EFFECT OF DIVORCE DECREE: Unless otherwise specifically provided herein, this Agreement shal.l continue in full force and effect after such DIANE Q, RADCLIFF 34481RINDLE ROAD CAMP HILL, PA 1701 I PHONE: (7171 737.010 FAX: (717) 975.0697 Page 3 of 37 DIANE G, RADCLIFF 3448 TRINDl.E ROAD CAMP Hill, PA 17011 PHONE: (717) 737-010 FAX: 17171 975.0697 , , .. ~ , time as a final Decree in Divorce may be entered with respect to the parties, 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER:. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, 7. DATE OF EXECUTION: The "date of execution", "execution date" or "date of this AgreementH shall be defined as the date of execution by the party last executing this Ag~eement, 8, DISTRIBUTION DATE: The transfer of property, funds and/or documents provided \ for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this I I I Agreement unless otherwise specified herein. 9, ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G, RADCLIF'F', ESQUIRE for HUSBAND, and JOHNNA J. DEILY, ESQUIRE, for WIF'E, The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fl.llly understand the facts and have l \ \. If Page 4 of 37 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: (7171737.010 FAX: (717) 976.0897 . been fully informed as to their legal rights and obligations, They acknowledge and accept that this Agreement is, unde~ the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or .improper or illegal agreement or agreements. 10. lIHMEIAL DISC:t,OSURE: The parties confirm that each has relied on the substantial accuracy of the financ.ial disclosure of the other, as an inducement to the execut.ion of this Agreement and each party acknowledges that there has been a full and fair disclosl.lre of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party, The parties further acknowledge that the financial disclosure has included the disclosure of the marital assets and debts set forth on the "Marital Distribution Sheet", attached hereto, marked Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein, 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means Page 5 of 37 DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: 1717) 737.010 FAX: (717) 975,0897 .' . . of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Ag.reement, Both parties understand that a court decision concerning the parties I respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court, c, The dght to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other prooeedings in which discovery is specifioally ordered by the court. Page 6 of 37 DIANE G, RADCLIFF 3448 TAINDLE AOAO CAMP HILL, PA 17011 PHONE: 17171737.010 FAX: (7171075.0897 " . d. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, e. The right to have the court decide any other. rights, remedies, priv.i.leges, or obligations covered by this Agreement, inClUding, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (t.emporary alimony), counsel fees, cost.s and expenses. 12. BANKRUllTCY: The parties hereby agree that. t.he provisions of t.his Agreement shall not. be dischargeable in bankruptcy and expressly agree t.o reaffirm any and all obligat.ions contained herein, In the event a party files such bankruptcy and pursuant. thereto obt.ains a discharge of any obI igations assumed hereunder, the ot.her party shall have the right and option to declare this Agreement. t.o be null and void and to terminate this Agreement in which event the division of the parties I marital assets and all other rights determined by this Agreement shall be subject t.o court. determination the same as if this Agreement had never been entered into, I \ " 13, S.QCIAL ~ECURltLBENEFITS: The part.ies agree t.hat subject to the rules and regulations of the Social Security Aciministrat.ion, each of t.he parties shall continue to be eligible for Social SeCUrity benefit.s to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or \', " Page 7 of 37 DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737-010 FAX: (717) 975-0697 , , more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration, 14, INCOME TAX MATTERS: With respect to income tax matters the parties acknowledge that they have heretofore filed joint federal and state returns. Both parties agree that. in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 15, PERSON~IG~TS: HUSBAND and WIFE may and shall, at all times hereafter, li.ve separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select, Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall r.ot molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Page 8 of 37 DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: (717) 737.010 FAX: (717) 975.0697 , 16, ~AL RET.Il1a.slllS: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or cl.lrtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonweal th of Pennsylvania, (b) State, Commonwealth or Territory of the United States, or (c) any other country; or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of Page 9 0;- 37 DIANE G, RADCLIFF 3448 TRINDI.E ROAD CAMP Hill, PA 17011 PHONE: (7171737.010 FAX: 17171976.0697 . whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, 17 , WAIVER OR MODIFICATION TO BE IN WRITING: No nlodification or waiver of any of the t.erms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 18, MUj,UAL COOPERJl.TION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement, 19, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure t.o the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, Page 10 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737.010 FAX: 17171976-0697 20. INTEGRAT~ This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION: WIF'E and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effeGtively the terms of this Agreement. 22 , NO WAIVER. OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 23. BREACH: If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other Page 11 of 37 party and/or otherwise breaches the terms of this Agreement, then the other party shall have the foll()wing rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a, The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance, b, The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action, c. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa, C,S,A, 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statl.lte or replacement thereof by any other similar laws. d, Any other remedies provided for in law or in equity. 24. LAW OF PENNSYLVANIA APPLICABLE.:.. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 25. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-010 FAX: (7171976,0697 Page 12 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737,010 FAX: (717) 975.0897 invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condi tion precedent, shall in no way avoid or al ter the remaining obligations of the parties. 26, FINAL EOUITABLE DISTRIBUTION OF PRO~ERTY: The parties agree that the division of all property and debts set forth in this Agr'eement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribl.lte their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribl.lte their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 27. WAIVER OF INHERITANCE: Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party, Page 13 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.010 FAX: (7171976.0697 28. UB3..0NAL PROPERTY: HUSBAND and WIFE do hereby a~knowledge that they have previously divided their tangible personal property including, but without limitation, to the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter WIFE agrees that all of the Personal Property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; and HUSBAND agrees that all of the Personal Property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall be~ome the sole and separate property of the other, 29. AFTER-ACOUIRED PROPERTY: Ea~h of the parties shall hereafter own and enj oy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, a~quired by him or her, since August 2, 1997, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respe~ts and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renoun~es and forever abandons any right, title, interest and claim in and to said after a~quired property of the other party pursuant to the terms of this Paragraph. Page 14 of 37 30, DIVISION OF VEHICLES, BOATS AND THE LIKE: With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, if the Vehicles have been sold or traded in prior to the date of this Agreement identified and values on Exhibit "AH, incorporated by reference hereto, ("the VehiclesH) , the parties agree as follows: a, 1997 Geo Prism shall be the sole and separate property of IVIFE, DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: (7171737-010 FAX: (717) 975-0697 b, 1992 Chev~olet Pick Up Truck shall be the sole and separate property of HUSBAND, c, Identification of a Vehicle herein shall include not only the Vehicle, bl.lt also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement, d, The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date, e, For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise, f, In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and Page 15 of 37 DIANE Q, RADCLIPF 3448 TRINDLE ROAD CAMP HILI" PA 17011 PHONE: 17171737-010 FAX: 1717) 976.0697 said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. It is further agreed that within fifteen (15) days of her receipt of the monetary payment set forth in Paragraph 34 herein WIFE shall payoff, or refinance into her sole name, so as to release HUSBAND from further liability thereunder, the Member's 1" joint loan incurred for the purchase of the Vehicle that WIFE is to receive pursuant to this paragraph, g. Each of the parties hereto does specifically ~'aive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursl.lant to the terms of this Paragraph. 31. DISTRIBUTION Oi REAL ESTATE KNOWN AS 540 PETERSBURG ROAD: The parties are the owners of a certain tract of improved real estate known and numbered a3 540 Petersburg Road, Carlisle, PA 17013 ("the Marital HomeH) having an approximate value of $225,000,00 and encumbered with a mortgage owed to Northwest Mortgage having an approximate balance of $148,408,54 ("t.he Marital Home MortgageH), With respect to the Marital Home and t.he Marital Home Mortgage the parties agree as follows: a, WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all of her right, title and interest in and to the Marital Home, and WIFE agrees that she specifically waives, releases, renounces and forever abandons all her Page 16 of 37 parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker, At settlement on the sale of the Marital Home the net proceeds derived after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid as follows: (1) The first $52,000.00 shall be paid to WIFE as her sole and separate property and in satisfaction of the monetary payment dl.le her as set forth in Paragraph 34 herein; (2) The remaining balance shall be paid to HUSBAND as his sole and separate property, If the amount of proceeds are insufficient to pay WIFE the $52,000.00 aforesaid then WIFE will be paid the difference between $52,000,00 minus the amount of proceeds actually received by her which payment shnll be made by way of a tax free rollover of retirement benefits from HUSBAND's TSP account pursuant to a Qualified Domestic Relations Order to be entered in the this divorce action upon determination of the amount to be transferred from the TSP account. Further in the event of sale, both parties shall be responsible for the timely and prompt prorata reporting and payment (based on the percentage of proceeds received)of any and all taxes, including capItal gains taxes or the equivalent, and shall report his or her pro rata share on his or her applicable income tax returns, DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: 1717) 737.010 FAX: (717) 975.0697 Page 18 of 37 32, EACH PARTY JU:TAU1S OWN -BI.'UREMEU7.. AND PENSION p~ Except as set forth in Paragraph 31 herein, which exception applies only in the event of sale of the Marital Home and the insufficiency of the proceeds to pay WIFE the sum of $52,000,00, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 40l-'K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement. type plans of the other party, whether acquired through said party's employment or otherwise, identified and val lied on Exhibi t. "A", incorporated by reference hereto, (lithe Retirement. Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment. said plan or account is held or carried, If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely I iable for any and all taxes and penalt.ies resl.llting from that wit.hdrawal. 33. ~ION Oil' BANK ACCOUNTS/STQCl(/LIFE INSURANCE: The part.ies acknowledge and agree that t.hey have previously divided to their mutual satisfaction all of their bank account.s, certificat.es of deposit, bonds, shares of stock, investment plans and life insurance cash value, identified and valued on Exhibit "A", incorporated by reference hereto, (lithe Account.s"). Hereafter WIFE agrees DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 1717) 737-010 FAX: 1717) 976,0697 that all the Accounts held in the name of HUSBAND shall become Page 19 of 3"7 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE' 1717} 737.010 FAX: 1717}976.0697 the sole and separate property of HUSBAND; and HUSBAND agrees that all the Accounts held in the name of WIFE shall be~ome the sole and separate property of WIFE, Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof, 34, MONETARY p~ In consideration of the division of the marital assets and debts herein provided, HUSBAND shall pay WIFE the sum of $52,000.00, Said payment shall be made within ninety (90) days of the date of this Agreement, Upon said payment and the refinance of the Marital Home Mortgage set forth in Paragraph 31 herein, WIFE'S attorney shall release the deed of conveyance for the Marital Home to HUSBAND for recordation as required in Paragraph 31 herein. In the event HUSBAND is unable to secure the refinancing necessary to pay the $52,000,00 aforesaid then the provisions of Paragraph 31 d. shall apply and govern the payment of the $52,000,00 aforesaid. 35, IUSPOSITION OF..PAL ESTATE KNOWN AS 100 WALNUT STREET.;. The parties are the owners of a certain tract of improved real estate known and nl.lmberod as 100 Walnut Street, Boiling Springs, PA 17007 which is currently used as an investment rental property (-the Rental Property") which Rental property is not encumbered by any mortgage or other lien of record. Wi th respect to the Rental Property the parties agree as follows: Page 20 of 37 DIANE 0, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: (717) 737.010 FAX: (7171976.0697 a. ~'he Rental Propert.y shall be listed for sale with a mutually agreeable real est.ate broker wit.hin two weeks of t.he date of this Agreement, The parties shall thereaft.er market and sell t.he Rental Property at. the best price obtainable, the parties further agreeing t.o follow all reasonable advice as to listing and sales price suggested by t.heir real estate broker, b, Upon t.he sale and settlement of the Rent.al Property, t.he net proceeds derived, aft.er payment. of any and all normal and reasonable set.tlement costs, shall be deposited into a trust account or accounts to be est.abllshed for the benefit of the parties' children t.o fund their post secondary educational costs and expenses pursuant. to a Trust Agreement being executed by the parties concurrently herewith, The taxes associated with any gain derived by the t.rust shall be reported to t.he children under their social security numbers but shall be paid from the trust account flwds as those taxes are incurred, c, Pending the sale and settlement, HUSBAND shall manage the Rental Property and shall collect and receive all rents and deposit the same into the aforesaid trust account. and payout all expenses on the Rental property from t.hat trust account., HUSBAND shall keep accurate books of the rents the trust r'eceives and the expenses the trust incurs and pays and shall provide WIFE with copies thereof upon her request but in any event he shall l;'age 21 of 37 DIANE 0, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: 1717) 737.010 FAX: (7171976.0897 provide WIFE with copies of his accounting records upon the date of sale of the Rental Property, d, Each party shall be responsible for the timely and prompt reporting of 50% of the gain derived from the sale of the Real Estat.e, if applicable, on h.J.s or her appropriat.e tax returns and shall be l.J.able for payment of any and all taxes result.ing therefrom, including, bl.lt not limited to, capital gains taxes or the equivalent., and shall indemnify, protect and hold the other party harmless therefrom. The foregoing not"lithstanding, it. is understood and agreed that all capital gains taxes shall be paid from the children's trust account pursuant to the terms of the t.rust agreement being executed concurrently herewith. 36. WIFE' S DEBTS: WIFE represents and warrants to HUSBAND that since t.he parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible, WIFE further represent.s and warrants to HUSBAND that she w:lll not contract. or incur any debt or liabil i ty after the execution of this Agreement for which HUSBAND or his estate might be responsible, WIFE shall indemnify and save HUSBAND harmless from any and all claims or demQ.nds made against him by reason of debts or obligations incurred by her. 37. HUSBAND'S DEBTS~ HUSBAND represents and warrants to WIFE that since the part.ies' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be Page 22 of 37 DIANE Q, RADCLIFF 3448 'fRINDlE ROAD CAMP Hill, PA 17011 PHONE: (7171 737.010 FAX: (7171975-0697 responsible, HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement for which WIFE or her estate might be responsible, HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 38. MARITAL DEBT: During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, identified and valued on Exhibit "A", incorporated by reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: a. WIFE shall be solely responsible for the following bills and debts: 1. The outstanding balance, if any, on the parties' children's orthodonture bill; 2. The Montgomery ~lards j oint charge account having an approxima te separation date balance of $2,312.00, which she shall pay in full or transfer the balance into her sole name so as to release HUSBAND from fl.lrther liability therefor within fifteen (15) days of her receipt of the $52,000.00 monetary payment set forth in Paragraph 34 herein; 3. Any vehicle loan for WIFE'S Vehicles as required and set forth in Paragraph 30 herein, which shall be refinanced into her sole name or paid off within Page 23 of 37 fifteen (15) days of her receipt of the $52,000.00 monetary payment set forth in Paragraph 34 herein, 4. Any and all taxes resulting from the sale of the Marital Home and Rental Property as required and set forth and described in Paragraphs 3l and 35 herein; 5. Any and all taxes resulting from her withdrawal of any fl.lnds from her Retirement Plans set forth in Paragraph 32 herein; 6. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in WIFE'S sole name, and not otherwise provided for herein, b, HUSBAND shall be solely responsible for the following bills and debts: 1, The Wycovia Visa account having an approximate separation date balance of $7,152.22; 2. The Boscov's charge account having an approximate separation date balance of $2,752.80; 3, American Express account having an approximate separation date balance of $669,44; 4. The Arkansas Federal Credit Union joint account having an approximate separation date balance of $// which shall be paid in full within ninety (90) days of the date of this Agreement, or alternatively WIFE shall be removed from said account within the ninety (90) day period so as to release her from further liability therefor. DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP KILL, PA 17011 PliDNE: (717) 737.010 FAX: 1717) 975,0897 Page 24 of 37 DIANE C;, RADCLIFF 3448 TRINDLE ROAD CAMP HilL. PA 17011 PHONE: (717) 737.010 FAX: (117) 975.0691 5. The miscellaneous bills listed as item 30. a-j of the Marital Distribution Sheet attached hereto as Exhibi t "An and made a part hereof, having a combined approximate separation date balance of $2,11.5,50; 6, The Marl tal Home Mortgage and the costs of the refinance of the Marital Home Mortgage as required and set forth in Paragraph 31 herein; 7. Any and all taxes resulting from the sale of the Marital Home and the Investment Property as required and set forth and described in Paragraphs 31 and 35 herein; 8. Any and all taxes resulting from his withdrawal of any funds from his Retirement Plans set forth in Paragraph 32 herein; 9, Any and all other debts, liabilities, obligacions, loans, credit card accounts, and the like incl.lrred in HUSBAND'S sole name and not otherwise provided for herein, c, Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d, Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Page 25 of 37 '"' e. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. f, From the date of this Agreement, each party shall only use those credit card accounts or incur sl.lch further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty days of the date of this Agreement so as to release the other party from any and all liability thereunder. 39. INDEMNIFICATION: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, inClUding, but not limited to, any attorney's fees and costs incl.lrred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 40, WAIVER OF ALIMONY. SPOUSAL SUPPORT AND COSTS: DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMPHILL,PA 17011 PHONE: (7171737.010 FAX: (717) 976.0897 The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees, costs and expenses. Page 26 of 37 DIANE 0, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: (717) 737.010 FAX: (7171975.0697 41 . CUSTODY: l'Iith respect to the legal and physical custody of the parties children, the parties agree as follows: a, The parties shall share and have joint legal custody of the children, Erin L. Weller born September 23, 1982 and Ryan P. Weller born August 3, 1987. Each party shall be entitled to participate, jointly with the other party, in all major non-emergency decisions affecting the children's health, education, religion and general well being, apply: 1, Each party shall be entitled to access to any and Pursuant to the foregoing the following shall all information, documentation, papers, persons and enti ties regarding the chi ldren so that informed decisions can be made. 2, Non-major decisions involving the children's day to day living shall be made by the party then having custody, but to the extent possible, the parties shall attempt to make such rl.lles and follow sl.lch schedules as would provide the children with continuity, regardless of the party with whom they are then residing. 3. Emergency decisions regarding the children shall be made by the party then having physical custody, but that party shall communicate to the other party the nature and extent of the emergency and shall provide that other party with all information pertaining to the treatment so that the other party Page 27 of 37 4, may be involved in the decision making process at the earliest possible time. Upon receipt by a party, copies of the children's school schedules, special events notifications, report cards and the like shall be provided to the other party. Each party shall share with the other party any other information and documentation, or copies thereof, that each party possesses regarding the children within such reasonable time as to make the records and information of reasonable use to the other party, 5. Each party shall provide the other party with at least 48 hours advance notice of school or other activities whenever possible, 6, Nei ther party shall make any derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making any such comments in the presence of the children, Further, neither party shall discuss any aspect of the custodial situation with the children and shall not utilize the children for purposes of conv3ying information or inquiries pertaining to the children to the other party. 7. Each party shall notify the other party of any medical, dental, optical and psychological appointments and/or treatment for the children DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737-010 FAX: (717) 976-0697 Page 28 of 37 I L; I '., I :I: I i:l 111 \ DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill., PA 17011 PHONE: 17171 737.010 FAX: (717)975.0697 SUfficiently in advance thereof so that the other party can attend. 8. Both parties shall be afforded reasonable telephone contact with the children while in the other party's custody, b, WIFE shall have primary physical custody of the children, sl.lbject to HUSBAND'S liberal and reasonable rights of partial physical custody at such times as the parties shall mutually agree, c. WIFE shall not remove the children from the Carlisle area (within a thirty mile radius of Carlisle, Pennsylvania) without first providing HUSBAND with ninety (90) days advance notice of her intent to move. The ninety (90) day period is intended to provide the parties with an opportunity to negotiate a reasonable custody schedule between them or in the alternative to litigate the matter before the court, In the event a petition for change in the cl.lstodial arrangements is filed by HUSBAND within the ninety day period, WIFE shall not be permitted to remove the children from the Carlisle area until such time as the court specifically authorizes the move after having provided HUSBAND proper advance notice and opportunity to be heard on the issue. 42. CHILD SUPPORT: The parties acknowledge that they have orally agreed to a child support amount separate and apart from this agreement and therefore no provision for child support is being included in this agreement. Page 29 of 37 " DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: 1717) 737.010 FAX: 1717) 975.0697 43, iDDCATIONAL EXPEN~ES: The parties acknowledge and agree that a post-secondary education for their children is desirable, To fund the educational costs to be incurred the parties will establish a trust account or accounts for their children pursuant to a trust agreement being entered into concurrently herewith, The trust agreement will include at least the following terms and condi tions: a, The trust will be funded from the rents and sales proceeds to be derived from the Rental Property as set forth in Paragraph 35 herein, b. The parties will consult with each other and jointly agree as to the expenses to be incurred and the educational institution to be selected for the children. c, The trust funds may be used to pay for the educational costs incurred for the children for undergraduate college and/or post secondary vocational or technical training, including and limited to the expenses tharefor incurred for tUl,tion, room and board, books, educational fees, reasonable clothing allowance and reasonable travel expenses to and from school ("the Educational Costs"). The Trust fl.lnds shall also be used to pay any and all taxes arising out of the trust account, the receipt of income by the trust and the receipt of the sales proceeds from the Rental Property by the Trust" d, The parties shall be co-trustees. HUSBAND will manage the trust account bl.lt will consult with WIFE both prior to and after any disbursementG are made from the trust Page 30 of 37 DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737.010 FAX: 17171976.0697 accol.lnt, If either party dies during the pendency of the Trust, the remaining co-trustee shall become the sole trustee for the Trust e. HUSBAND will provide WIFE will full, complete and accurate records of all income and disbursements from the account upon her reasonable request but in no event any less frequently than semi-annually. f, A combined accol.lnt or accounts shall be maintained for both children, The parties shall be entitled to sprinkle the funds between the children based on need and shall not be required to divide the funds equally between the children, g, The trust shall terminate when the youngest child reaches age 25, Upon termination the remaining funds shall be di vided equally between the children, or if one has predeceased then to the survivor. 44. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect, BY SIGNING THIS AGREEMENT I EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT I AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE Page 31 of 37 ALLSTA'l'E CAR (75.00) (75.00) INSURANCE CK. 11182 ALLSTATE APT. (25.33) (25.33) INSURANCE CK. #176 ALLSTATE (33.75) (33.75) HOMEOWNERS INS. CK. #183 GPO ELECTRIC APT. (107.26) (107.26) CK. #189 GPU ELECTRIC APT. (55.58) (55.58) CK. #l8a SPRINT PHONE (70.17) (70.17) CK. #192 AGWAY (95.00) (95.00) CK. #181 NATIONAL CITY (1,627.19) (1,627.19) MORTGAGE CK. #190 GPO ELECTRIC (22.22) (22,22) CK #179 IN 1'HE COURT QB' COMMON PLEAS OF CUMBERLAND COUNTY, PEmlSYLVANIA TRACY K, Wli:LLER, Plaintiff NO, 98-935 CIVIL TERM V, CIVIL ACTION - LAW IN DIVORCE ERIC WELLER, Defendant PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divor.oe decree: 1, Ground for divorce: Irretrievable breakdown under Seotion 3301 (c) of the Divoroe Code, 2. Date of filing and manner of service of the complaint I a, Date: 2/18/98 b, Manner: Service upon Defendant's Attorney, Diane Q, Radcliff, Esquire 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code I a. Plaintiff: 5/11/99 b. Defendant: 5/24/99 QJ1. Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divoroe Code and date of service of the Plaintiff'e 3301 (d) affidavit upon the Defendant I a, Date of execution: N/A b. Date of filing: N/A c, Date of service, N/A 4. Related claims pending: No issues are pending, All issues have been resolved pursuant to the Marr.iage Settlement Agreement between the parties dated MAY 18, 1999 which Agreement is to be incorporated into but not merged with the Divorce Decree, 5. Date and manner of service of the Notice of Intention to file Praeoipe to Transmit Reoord, a oOPY of which is attached, if the decr.e is to be entered under Section 330l(d) (1) (1) of the Divorce Code I a. Date of Service: N/A b. Manner. of Service: N/A Date Waiver of prothonotary I a. Plaintiff's b. Defendant's QJ1. Notice in Section 3301(c) Divorce was filed with the waiver: 6/10/99 Waiver: 6/1(1/99 ,-'-' C---~\2 J \ ~_ 1 J~'" '~-1 / DIANE G.. CLfP'1"',) E~ 34~ri Ie Road CaiRp_ltil1, PA 17011 Supreme Court ID # 32112 phone: (717) 737-0100 Attorney for Defendant "' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :SS I verify that the statements made in this Cqmplaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: c2-5' Clff 0/lt1iy:J<, WLLdJ.--J If Plaintiff ~ 1L ..::; 0 ('6 ~ t- j' '.. c: ,I ~ ("6 C' " c. ~ '.. . III" ( ; 0 (:B ( " 00 1\ -~ fL: " I.\.. :) d.- C,i 1" C':l ~ r., , () U_~ . ._,: L.; ~ " i (Y II " I II U ., LL' I ~ .:\~ , l~, 1'_ " cn " () Cl' () '"' ,I IN THE COURT Of. COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY K. WELLER, Plaintiff NO. 98..935 CIVn TERM CIVIL ACTION - LAW IN DIVORCE V. ERIC WELLER, Defendant AFFIDAVIT OF CONSKH'l 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on 2/18/98. 2. The marriage of Plaintiff and Defendant. is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct.. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sect.ion 4904 relating to unsworn falsification to authorities. Dated:~~ DIANE 0, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 1711) 737.0100 ~"- m C LI;: <'i \,' :-~ '(-0 ,\ .,,' It (') L , :::J, 1-'.-' C"i " , .,',., ~~:! I o.~ {)~ n '((.I '1'.""; 'i :-) ,I .-,. :,JiCI , , l;i:Jel... ; :::'J I tn "\ t,) (/'\. () .T" . ~. ....,..". ,.."-' ""..,,-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY1NANIA TRACY K. WELLER, plaintiff NO. 98-935 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. ERIC WELLER, Defendant AFFIDAVIT OF CONSENT l. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on 2/l8/98. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to t.he entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorit.ies. Dated:~~ ErC}[O w~{~eV~ DIANE 0, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 1717) 737-0100 , I ";... ('1) [:: - (:1 <;\,,1 i , /. c,:J \ ~-~- , , ( , ) " " L\ -:: ~. " ! "'"j ',' :,.. , Ln ;~,rl () :'! ".~ , '>.\ :~.i: " I fn , , ."'-. :'-.1 , ! Cl. ..'J , \ 0' ~.) '. ul (,1 TAACY K. WELLER, Plaintiff VS. ERIC G. wELLER, Defendant 1"'" :, I IN THE coURT OF coMMON PLEAS of I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW NO. 90 - 935 CIVIL IN DIVORCE lLOT1Q!:l OF PRE::\!E1>.RING cgJlFERENC~ TOI Johnna J. DeilY Diane G. RadCliff , counsel for Plaintiff I counsel for Defendant A pre-he.rln, c.n,ar.nc. h" heen ,'hedulad .t the o"I.a ., the olv.rce ..,ter. , N.rth N.a.ver ,treet. c.r,l"e, penn,ylvenl'. .a the ,oth d'Y .f April. 19'9. ,t "'A ..... .t Which tl.e va vill reviav the pre-tri., ,t.te.ent' previ'u,'Y ,iled hy c.un.el. de,ina leeuee. identifY vitnee,ee. e.pl.re the p.e,ihilitY ., eettla.ent and. i' nace.e.ry. schedule · hearin'. Date of Noticel 2/15/99 Very truly yours, E. Ropert Elic~er, 11 Divorce Master \ d lo.., !~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEHNSYl.VANIA 'J'J;acy K. Weller Plain tiff 'IS. Eric. G. WAller:' _l~~qB ,C) ....J \) 'I )l0. 935 , I' ,lOTION FOR APPOI~T.1E~T OF ~~STSR ~'r'''''Y K. \vellAr --(Plaintiff) ~, a master with respect to the following claims: ( ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (x ) ( ) ( ) ( ) Dis tribution Support Counsel Fees Cos ts and Expenses r"J f"<l t..i .< and in support or the motion states: (1) Discovery is complete as to the claims(s) Eor which ~he appoinement of a master is requested, (2) The derendant (has) ~~I!:)( appeared in (by his attorney, Diane G. Radcliff. Esauire (3) The staturory ground(s) or (D) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreetnent has been reached 'Idth respect co the N/A (c) The action is contested -.oTteh respect :0 ehe following Eauitable Distribution (5) The action ~ (does not involv",) complex issues or law the action (personally) _,Esquire) . for divorce (is) (are) 330llC) Eo llewing daims: claims: or fact. ~. (6) The hearing is expected to (7) Additional information, if any. Date: I~- l-/ 9'i Atto , 'XA ~ ' ... L. ORDER .'J'?OI,tTING :'~TER ,r;j, J .'-ND NOW id!:.U.L!JJ/!&L./e ,l9ct~ , L- ~ ~'UA/ is apPointe~ master with respect to the following Claims:~ Esqui,re, . - J )-....... ~ " --.J ~ R :>, N (~: d ~ u~ '" 0 r~i, {-- Ci " " u./ ,,_~ (\.1 f; -l_~:i.: ...... r,_,~lr' ~ LI:.."l i.i:; ( J ~ '11 t <:1)(_, S ( , . ~ f- ,\ ~" ~ un CI Fll!_: ~ , "" J,,;/" c: (j i.~] 1-1.' I" (:...:.j ,:,{o.. IL co >i () (n 0 '~ C 0...... ---,.-'~...~~-. "'on. A " i;;, ;~" ~_ I, 1- V;,\ 1lit", '," . ';"'t,l\ ;;.\ ~ ~t LAW OFFlCBS SAlOIS, GUIDO, SHUFF & MASLAND 26 W, HIOH ST~EEl' 2109 MA~KI!T STREET CARLISLE, PA170i3 CAMP HILI... PAI1011 PHONE (117) 243-6222 PHONE (111) 131-340' , ,I I A CBR,TIFIED COPY: /J1.,J..J14 If '[-'If 'r 1 r4l1O SAlOIS, SHUFF & MASLAND AnoRNEn.AT'l.AW Z6 W, IIISh Slro.I ellu.lo, PA :L- Bank Accounts The partIes had joint ,:heckin,j and savings account; however, Husband had control over these funds, and he withdrew the funds from these accounts, The value is unknown by Wife at this time, :L...-Retirement/Pension Account.s (a) Husband has a pension at the National Guard worth $5,764.63. (b) HUSband also has a CSRS fund, showing contribution value of $27,176.16. The present value would need to be provided by Husband. (c) Husband has a TSP valued al: $3,719,09, (d) Wife has a 401K PIan with <, value of $3,560,00; however, there were some contributions totalling approximately $1,400,00 which had not been made by the employer, and should be added to her 401K Plan, III. Marital Debts (a) A MOl'tgage with an approximate balance of $148,000,00 to Norwest Mortgage on the marit.al residence; (b) A Montogmery Wards account noW assumed by Wife of $2,300,00; (e) OrthodonticS bill in the amount of $5,000.00 which has been assumed by wife; (d) Boscov's charge in the amount of $2,700.00 as assumed by husband; (e) VISA account as assumed by Husband of: $7,100.00; (f) American Express in the amount of $670.00 as assumed SAlOIS, SHUFF & MAS LAND ^TTOftNEVS'''T,UW 26 W, Hllh Str... C"UIII, P^ by Husband; (g) A car loan to Members First in the amount ,of $5,488,05 as assumed by Wife, IV, Witnesses (a) Expert~" Wife does not know of any expert witnesses that need to be called at this time, but reserves the right to supplement this answer If the parties cannot agree on the valuation of the marital home, then an appraisers may have to be called to testify on the values given the marital home. (b) Other Witnesses _ i, The wife, Tracy K, Weller, V. Proposed Resolution of the Case It is proposed that Husband keeps the mar1tal home, his pension, his 401K, and hlS CSRS, and the 1992 Chevrolet pick-up truck, and the checking and savings accounts which have been under his control, Husband w0uld pay to Wife $52,500.00, representing her equity in ~he mar1tal home and Husband's p~nsion, or one-half of the va~ue if her appraisal comes out higher. In addition, Wife would keep her 401K Plan and the 1997 GEO Prism, Husband would cont inue to make, t he mortgage payments on the marital residence, and assume the liability on the credit cards that he has in his possession, Wife would assume liability on the vehicle loan, orthodontic bill, and Ward's charge that is in her possession, The parties would agree to sell the rental property, with I . BACKGROUND IHl"ORMA'l'IQN W. PARTIES: HUSBAND NAME mnc ~IELL8P ADDRESS 540 PETEPSBUPG ROAD, CARLISl,E, PA 17013 AGE 42 DATE OF' BIRTH 10/1/56 PLACE OF BIRTH MOUNTAINHOME, IDAHO SOCIAL SECUPITY NUMBER 184-48-2274 HEALTH GOOD EMPLOYER PENNSYJ.,VANIA AIR NATIONAL GUARD OCCUPATION ELECTRONIC WAPFARE OFFICER LENGTH OF RESIDENCY IN PA 22 YEARS EDUCATIONAL BACKGROUND BS SHIPPENSBURG, 1979 WIFE NAME TRACEY K. WELLER ADDRESS 35 BRIAN DRIVE, CARLISLE, PA 17013 I f I AGE 38 10/23/60 DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH EMPLOYER CARLISLE, PA \ 208-48-6472 GOOD STREETGUARD, INC. (Last known) --- OCCUPATION SALES PERSON LENGTH OF RESIDENCY IN PA 38 YEARS EDUCATIONAL BACKGROUND HIGH SCHOOL GRADUATE ISSUES RAISED IN COUNTERCLAIM N/A BIFURCATION N/A PREVIOUSLY RESOl,VED ISSUES N/A II. MARITAL ASSETS._AND_DEB'l'Sl - ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE l. REAIJ ESTATE: 540 PETERSBURG RD 225,000,00 225,000,00 CARLISLE, PA 17013 - - 100 WALNUT STREET UNKNOWN UNKNOWN UNKNOWN BOILING SPRINGS, PA 17070 POSSIBLE SALE WITH FUNDS PLACED IN TRUST FOR CHILDREN) - 2. MOTOR VEHICLES: - .. 1992 CHEVROLET PICK UP UNKNOWN UNKNOWN TRUCK 1997 GEO PRISM UNKNOWN UNKNOWN - 3. STOCKS & SECURITIES: NONE -- 4. CERTIFICATES OF DEPOSIT: NONE 5. CHECKING ACCOUNTS AND CASH: FINANCIAL TRUST CORP. JT 1,126,04 1,126.04 CHECKING - 6. SAVINGS ACCOUNTS, MONEY MARKET, AND SAVINGS CERTIFICATES: - FINhNCIAL TRUST ,/OINT 123,93 123.93 SAVINGS ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WI.FE CHILDREN'S US SAVINGS FOR CHILDREN 0,00 DoDO BONDS 7. CONTENTS OF SAFETY DEPOSIT BOXES: - NONE 8. TRUSTS: - NONE 9. LIFE INSURANCE POLICIES: NONE - -- 10. ANNUITIES: NONE - 13. PATENTS, COPYRIGHTS, ,INVENTIONS & ROYALTIES: NONE 14. PERSONAL PROPERTY OUTSIDE HOME: -- NONE 15. BUSINESSES: . -' NONE 16. EMPLOYMENT TE:RMINATION , BENEFITS: -, NONE 17. PROFIT SHARn~lG PLANSl NONE 18, PENSION PlANS: - HUSBAND'S GUARD PENS ION 5,764,63 5,764.63 NO VALUE WITHOUT 20 YEARS OF' SERVICE (VAl.,VE LISTED IS CONTRIBUTIONS ONLY) - HUSBAND'S CSRS 2'1 , 1 '16 . 16 27,176,16 I I I ' ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE (VALUE REPRESENTS CONTRIBUTIONS ONLY) (MONTHLY PAYMENT AT AGE 62 ., $950) (NON-SOCIAL, SECURITY PARTI CI PATING) -- 19. RETIREMENT PLANS AND IRA ACCOUNTS: HUSBAND'S TSP 3,719,09 3,'719.09 ---- .. WIFE'S 401 K PL.l\N 3,560,08 3,560,08 (VALUE IN DISPUTE) 20. DISABII"ITY PAYMENTS: - NONE - 21. LITIGATION CLAIMS: NONE -- 22. MILITARY/VA BENEFITS: NONE .. - 23. EDUCATION BENEFITS: -- NONE -- 24. DEBTS DUE INCI"UDING LOANS AND MORTGAGES HELD: NONE -- I--- - 25. HOUSEHOLD GOODS AND FIJRNI SHINGS (ATTACHED LIST IF IN DISPUTE) : TO BE DETERMINED UNKNOlilN UNKNOWN UNKNOWN 26. OTHER ASSETS: NONE 27. MORTGAGES: - NORTH\~EST MORTGAGE (148,408.541 (148,408.54) (1/15/99) (MARITAL HOME) -- ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE 28, LOANS WIFE'S MEMBERS 1 ST CAR UNKNOWN UNKNO~)N l.OAN 29. CREDIT CARDS MONTGOMERY WARDS (2,312.00) (2,312.00) - WYCOVIA VISA (8/14/97) (7,152.22) (7,152.22) BOSCOV'S (2,752,80) (2,752,80) -, AMERICAN EXPRESS (669.44) (669.44) 30. OTHER DEBTS 8% COSTS OF SAl.E OF (18,000.00) (18,000.00) PETERSBURG RD PROPERTY - ALLSTATE CAR INSURANCE (75.00 ) (75.00) CK, #182 ALLSTATE APT. INSURANCE (25.33 ) (25.33 ) CK. 1;176 Al.LSTATE HOMEOWNERS INS, (33.75) (33.75) CK, #183 GPU ELECTRIC APT. (107.26) (107.26) CK. #189 - GPU ELECTRIC APT. (55.58 ) (55.58) CK. #188 - SPRINT PHONE (70.17) (70.17) CK. #192 AGWAY (95.00 ) (95.00) CK. #181 NATIONAL CITY MOR'rGAGE (1,627.19) (1,627,19) CK. #190 - GPU ELECTRIC (22.22 ) (22.22) CK #179 TOTALS 85,063.43 83,815.35 1,248.08 VI . COUNSEL F.EE.S. The following is a listing of the Counsel fees and expenses incurred by the parties: PARTY DESCRIPTION DATES HUSBAND COUNSEl. FEES N/A COSTS N/A ANTICIPATED FEES AND COSTS N/A --- WIFE COUNSEl. FEES N/A COSTS N/A hNTICIPATED FEES hND COSTS N/h AMOUNT VI I . EXP-ER'l'._WilNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME SUBJECT OF TESTIMONY NONE KNOWN AT THIS TIME TO BE DETERMINED Additional experts who may be called to testify are not known at this time, If such additional experts are retained, the Defendant reserves the right to call them as witnesses upon proper notification to the Plaintiff. VI I I . O.'l'HE1LI'lI.1'NESSES The following is a listing of the anticipated witnesses other than experts who will be called to testify in this case: NAME SUBJECT OF TESTIMONY ERIC WEl.l.ER HISTORY OF THE MARRIAGE; IDENTIFICATION AND VAl,UATION OF MARITAl. ASSETS AND DEBTS i OTHER REl.EVANT TESTIMONY REl.ATING TO THE FACTORS SET FORTH IN THE DIVORCE CODE Additional witnesses who may be called to testify are not known at this time. If such the right to Plaintiff. additional witnesses are identified, the Defendant reserves call them as witnesses upon proper notification to the IX. EXHIBI.T.B The following is a liElting of Exhibits which are anticipated to be submitted at the hearing in this caEle: w. ooscrInlOO 1. Defendant's Income and Expense Statement (to be supplied; pay Eltubs attached) 2, Wife's Income and Expense Statement (to be supplied; pay stub attached) 3, Comparative MarKet Analysis of Marital Home (attached) 4. Mortgage Statements for Marital Home (to be supplied) 5. Financial Trust Bank Checking Account Statement and checKs (attached) 6, Financial Trust Savings Account Statement (attached) 7. Children's Savings Bonds (attached) 8. CSRS Documents (attached) 9. TSP Statement (at tached) 10. Wife's 401K PIan statement (attached) 11. Wycovia Visa statement (attached) 12. Boscov's Statement (attached) 13, American Express Statement (attached) If additional exhibits are identified, Defendant reserves the right to submit additional Exhibits upon proper notification to Plaintiff. ". ,,,,,\',~-'J..,~,-;:-., :It. P.ROE.o.s.~OL.unQN A. nW.xQ.8 : The p.r"" will oon,enC co ohe en'"Y of a no.faul' divo"e decree. 1. The pM"ee' ",,,lOal a'"'' ,nd deb" will be divided in ,"cordanoe wlOh ohe ,,,n,hed '"opo"d Mailcal ",,0 and Debo DiMibUoion Sheet" . B. iQUITAa~& DIS~BUTlON: 2 . "indi co"d on ohl' ,heeO, hanb""d will nwe wife a c"h paymano 01 ,.,,2.3.6.. .hi' p~"no will be ~de wichin 9' d'Y' 01 ohe daO' of the order. 3 , II ohe p,y"no in noo ~de wlOhi n <haO ,i", ohemail ca 1 hnme will be ,old and wife will be paid her ,hare ao oha' oi". If neoe"ary an ,djU"""' for ohe co,h "gure will be made depending upoo ohe actual sales price of the marital home. .. Tha ,p,romeno building will be ,old and ohe Innd' pu, in a oru" for ohe children. A ,"0" ,gre..eno will be draf"d and "eonoed by ohe pM"'" The! ,greemeoo will prov ide for 0 he loilow 1 ng. a. Husband will be the trustee and wife the successor trustee; b. The funde will noc be divided beO,een ohe children r,Cher a single fund will be held. Trustee shall have the discretion on hoW to apply the proceeds and shall be authorized to use all of most of the funds for one child. c. The lund' "0 be "ed lor ,he pn" "onndary eduC'O"'" expenses of the children, not to exceed the equivalent of an undergr3duate college education. d, The oru'o will cerminaoe a' ,ge 25 unle" nne of ohe children is still in schoo1 in which event it shal1 terminate when the last child finishes his or her post secondary education. e. II ,ny lind' remain 1n ",e er"" whon " ,o<mine'" !he remaining funds shall be divided equallY between the parties. }l,RQ1>QSED._MARI..TAL. ASSE'LAND.--.DEB'I'--.DIS'l'RIB.U'l'ION_ SHEE.T ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILI'l'Y HUSBAND WU"E 1. REAL ESTATE: 540 PETERSBURG RD 225,000,00 225,000.00 CARLISLE, PA 17013 '-- - 1 0 0 WAl,NUT STREET TO BE SOLD BOILING SPRINGS, PA 17070 AND FUNDS POSSIBLE SALE WITH FUNDS PIJ\CED IN PLACED IN TRUST FOR TRUST FOR CHI WREN) THE CHILDREN - 2. MOTOR VEHICLES: 1992 CHEVROLET PICK UP UNKNOWN ENTIRE VALUE TRUCK - 1997 GEO PRISM UNKNOWN ENTIRE VALUE 3. STOCKS & SECURITIES: - NONE - 4. CERTIFICATES OF DEPOSIT: - NONE ,- 5. CHECKING ACCOUNTS AND CASH: FIN~CIAL TRUST CORP, JT 1,126.04 1,126.04 CHECKING 6. SAVINGS ACCOUNTS, MONEY MARKET, AND SAVINGS CERTIFICATES: - FINANCIAL TRUST JOINT 123.93 123.93 SAVINGS CHILDREN'S US SAVINGS FOR CHILDREN 0.00 0.00 BONDS 7. CONTENTS OF SAFETY DEpOSIT BOXES: NONE r--. ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE 8. TRUSTS: NONE 9. LIFE INSURANCE POLICIES: -- NONE f..- -. 10. ANNUITIES: - . NONE 13. PATENTS, COPYRIGHTS, INVENTIONS & ROYALTIES: NONE - 14. PERSONAL PROPERTY OUTSIDE HOME: NONE 15. BUSINESSES: NONE 16. EMPLOYMENT TERMINATION BENEFITS: NONE 17. PROFIT SHARING PLANS: NONE 18. PENSION PLANS: HUSBAND'S GUARD PENSION 5,764.63 5,764,63 NO VALUE WITHOUT 20 YEARS OF SERVICE (VALUE LISTED IS CONTRIBUTIONS ONLY) HUSBAND'S CSRS 27,176.16 27,176.16 (VALUE REPRESENTS CONTRIBUTIONS ONLY) (MONTHLY PAYMENT AT AGE 62 = $950) (NON-SOCIAL, SECURITY PARTICIPATING) ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE -- - 19. RETIREMENT PLANS AND IRA ACCOUNTS: HUSBAND'S TSP 3,719.09 3,719.09 WIFE'S 401 K PLAN 3,560.08 3,560.08 (VALUE IN DISPUTE) - ,-- 20. DISABILITY PAYMENTS: - NONE 21. LITIGATION CLAIMS: NONE 22. MILITARY/VA BENEFITS: NONE , 23. EDUCATION BENEFITS: - NONE - 24. DEBTS DUE INCLUDING LOANS , AND MORTGAGES HELD: NONE - 25. HOUSEHOLD GOODS AND FURNISHINGS (ATTACHED LIST IF IN DISPUTE) : TO BE DETERMINED UNKNOWN UNKNOWN UNKNOWN 26. OTHER ASSETS: - NONE - 27. MORTGAGES: - -- NORTHWEST MORTGAGE (148,408.54) (148,408.54) (1/15/99) (f<lARITAL HOME) 28. LOANS - WIFE'S MEMBERS 1'<'1' CAR UNKNOWN UNKNOWN 1,0AN - 29. CREDIT CARDS MONTGOMERY WARDS (2,312.00) ( 2 , :n 2 . 00 ) - -- ITEM DESCRIP'I'ION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE . ~lYCOVIA VI SA (8/14/97) (7,152.22) (7,152.22) BOSCOV'S (2,752.80) (2,752,80) .- AMERICAN EXPRESS (669.44) (669.44) - 30. OTHER DEBTS -- 8% COSTS OF SALE OF (18,000.00) (18,000.00) PETERSBURG RD PROPERTY , Al,LSTATE CAR INSURANCE (75.00) (75.00) CK. #182 - ALLSTATE APT. INSURANCE (25,33 ) (25.33 ) CK. #176 ~, - ALLSTATE HOMEOWNERS INS. (33,75) (33.75) CK. #183 - - -- GPU ELECTRIC APT. (107,26) (107.26) CK. #189 -' -- - GPU ELECTRIC APT. (55.58 ) (55.58 ) CK. #188 --- SPRINT PHONE (70.1"1) (70.17 ) CK. #192 - - - AGWAY (95.00) (95.00) CK. #181 - -- NATIONAL CITY MORTGAGE (1,627.19) (1,627.19) CK. #190 - GPU ELECTRIC (22.22 ) (22.22) CK #179 - TOTALS ~,- 85,063.43 83,815.35 1,248.08 - 50 % OF TOTAL 42,531.72 42,531.72 42,531.72 - CASH PAyt~ENT TO WIFE (41,283.64) 41,283.64 - CIVILI~~-'~~:V~-:^1~rE~~~~~N:JA TEMENT . . ]~~~:- 'W'E~~ER ERIC _~.______~~.~~-;~;-;~"~7'1~'~~~:.';~"" r' ":~:'.~;;;--- , ';';;;'~',~~-- ";~~"~O ;'~~~ :~~ '1;4:~;:11'/4 . ";''';'2~~t''; "''''''J''I~~';;'~81 " """~~~." "'.'~__..['~~1~~'1'709 ,~~ l~ ".....HeIM IHtIIIU1'IOH . "'" ~A1 II ''''.He'A\ I""'lllflli" . ....,01...1"111 II ""A"Cl.\ INUlllIll'1fj. .....O'M~H' '1 fARMERS & MERCHANTS TR CO fEO PA ~t':IL1\ M S 1~1"1.i;;0ii~----.:iiii'i. 11 1M' " CtlRRENr 2178,40 1103,40 II'" '~'-fi(i'WTiO~~-r...-;;;;q"Vi;O~iiV--J~lt CliMV\~'" I'" 11 ..j,ui.ilf1iIQi;T- p.'lJ' 421101 S HARRISBURG PA CSRS: I 5764,63 I __ I ___ __ GROSS PAY TAXABLE WAGES NONTAXABLE WAGES TAX DEFERRED WAGES OEOUCTlONS AEIC NET PAY 'fEAR TO OA TE 29129,76 28076,51 " TSP OATA 1439,73 19067,13 I I I CURRENT EARNINGS HOURS/DAYS AMOUNT G fUNO: f fUNO: C fUND: EARNINGS fOR TSP CALC (CURRENT: 1178,40 75,00 738,67 1051.14 10062,63 ox OX 100% EARNINGS fOR TSP CALC (YTO) 29129,76 TYPE tIOURS/DAYS AMOUNT TYPE HPE HOURS/DAYS AMOur, REGULAR PAY 60,00 2178,40 DeDUCTIONS TYPE CODE CURRENT YEAR TO 01\ TE TYPE OODE CURRENT YEAR TO 04 TE FEGLI E 9,74 145,93 fEGLI OPTNL C ,52 7,80 fEHB 452 68,56 1157,23 MEDICARE 31. 59 411,38 RETI RE, CSRS 1 152,49 2039,10 TAX, fEOERAL 317,99 4121,00 TAX. LOCAL 421101 21. 78 291.16 TAX, LOCAL 421080 TAX.LOC OCC 421080 TAX,l.OC acc 421101 10,00 TAX, STATE PA 61. 00 815,89 TSP SAVINGS 75,00 1051. 24 LEA VE .. TYPE PR lOR YR ACORUED ACORUED USED USED DONATEDI CURRENT USE -l.OS BALANCE PA Y PO YTO PA Y PO YTO RETURNED BALANCE TERM DA ANNUAL 18,50 8,00 105,50 34,00 116,50 17.60 SICK 860,25 4,00 53,00 8,00 906,25 COMPENSATORY 12,00 8,00 4,00 MILITARY 15,00 15,00 HOLIOAY 14,00 LWOP 214,00 MIL LWOP 64,00 \."..,::::::: :~.~!:I~:: ~~~:~~~:: :~:~N t A' ;H'S" IMF'~~~.~:~,i~:~:: :~~~ ~~ ~~: :~,~ ::~:~:~:: ~~ ~~ ~~~: :~:~:~::~.i:::: ~:~:~~::~~: :~~~~~~~,.,' .... ."".1 "'A'Pallll C IlIY__ . FOLD AND ReMOVE YOUR BANKING EARNINGS' HOURS RATE REOU"AR AMOUNT 1293.17 FOLD AND ReMOVe . YTO AMOUNT TOTA, EAR~INOS 1293.17 28393,18 EMPLOYER INFORMATION FILING STATUS TAX TYPE AMOUN1' Yl'O AMOUNT STP,EETGARO INC SOC SEe 80.18 1760.38 ~ JOHN K RICH PO 80X 604 S 02 MEOICARE 18.76 41).60 80I,ING SPRINOS,PA 17007-0604 S ~2 FEOERAL 137.83 320 .37 PA 36,21 795,04 ~ O~ cpn 12,93 127,74 PAY PERIOO 07/26/98 TO 08/08/98 OPT 10,00 CHECK OATE 08/14/98 CHECK I 575 PERSONAL INFORMATION TRACY K WELLER 540 PETERS8URG ROAO CARLIS,E PA 17013 SSI 208.48,6472 EMPLI 0009 OEPTI 000300 TOTAL WITHHOLOINOS ADJUSTMENtS EE 401 K TOTAL AOJUSTMENTS , ~'i t:t:lr / : 1/) elLI') ,.,~ / , "......Ilv t~ ( , A t [) ~ ~ S"f[lvV-, Ifj;(/~P ""OLLS BV PAVOHIlX 0028 5146 0016 000300 NET PAY 285.90 AMOUNT 64,66 ' 64,66- 942,61 6307.19 YTO AMOUNT 1087.22 - .. 20842,61 ,II: 00"""""__ ,(.', ,1"11', ..l ... -.. .... .. 1::' '\.l ~ . .... . r1'I r1'I lJ1 ~ 0 0 J, 0 0, 0 0 .... 1 r.D "~' ~ ... '\)S '0 ; \: . = c.D ... C'- c.D ~ i t,,' " , \ \. ~~ '\- Q> '--' ~ \... <. '" ""/ () ./'(1 f"~ ~^C,.l~ , 'I ,. I "f "'~frtrf'''''''-'-'''''''''-,'''''''''''''''''.__w,, -.~~j-.r;, _: ~""""f"""/'r'!:',-;--r".. _,. ).:.: '., ~ / j ~, I . ' ,. .. ! '. ,'" , \ / , I " i , I 1, ' I j , "r, I . I \' I , ~ '.,.\ '<II""II""I"'ll, \ ."'') \) "/ If/Vlj'" II" 'ill 1/.')".,1 ~., I 1:: ',i:':,'ut'J;,' ,,' (1',) 1)/ I) 1 \ '1' " 1\'/) '1:. (' Il'\II/ I',' ('II 1~I,\\\','.','1 ,:"/Ir':."',:li.,~:,,~,,' 1,[.' I'~'I ,i'~ (11~ll~(II~~)lgl \ I~"(M/I.f~'), 'lEI I~I)''\' ' I lEI' '/.",','1' rj'I,' , ,.,.., \.. ,,~ ' ,I, ,\ I ':-'1/ '11\'" " If> .' ('t}(!"',f;.!i~'" !::;:::,r:'1: (:, ''fi,I/I,liilli,\'i).I,''l,\I,,'/o : ',\\'/\\1) \(.-)I'j . ." t '," ,I'M' i~, . O' I i\lt/(\l, ~ I'~:S I '~J\\I.I~I 1')')11" t)1 ' ,.J ,'ll~(\"'IJ I M'I.I',~,,\'// ,,'i,; '8\ ': /1'.",,\. 1\/1~;/(5'" ,',\',,)!' lib, "I,,' ':",' ",;},,' '8 , 1,,1 "". c> ,',' . ,I"" '~j ~C> ,I" '0 I' 1'\'''''' 'u,,' '.' \I~' ...... " ",. 0 " I" I ,\ '- , '0 ., , V7 . .. "11 t \ 4A 10" I " \' f \~\ , \. l4A, ' , " '\ , I \ ~'1 II' , HI · I ) ~ 'l" ! , , , I ' I' f ' r , .., 0 ' ,; ) ~ \ - , I 1.'I,,'l;' ': " .'0; ',,',\1, i/'., Ii, ""i liG,", .,..,,"t\r'l : ~'~ r"\ 7\ t: 1" '," " I "\..;. I ',' "1'.1..\', /'\1'" l ',"1" j,\.o' ( ) '\11' t'l, \ . I I ' ' , ", , I \ '" '\, \ " ~ J \ .' \ ' ", I \ 1 ,I , 111,' "",,,,.' . ",' J' ",,' {, ," ", I ')/( \';~\ " ' ",' ,,,,, ' ;i~' ",mlt';\' "Cl .!(I)I,IJ,\I 'I" , \ t ','tl" 'I; , ,'.,' '.":,; ',' "',I, i:' \ l;';~,ry,) /', \J'~ ,/,)'" ,,'(,': \ I I ffl"l 'V ,t 1'~'/ Il ()" ;/"/.',:',{ \ \ i'~1, l .,~ ,~,\\\l, \~~ ~\I" J';'\\ ), ~1,,),.\.lll'4' ~ ca " Ill,""" ~' '. '~".' mea' ,',['1 \110'~/I'.!\I.' ,\ ,~..' , I,. ",' ,~, Ill." ! \,.1\\\>", ~ ;:;0 I \',>';'f \1 . "I .1 ~f. './"')'_\ ','" ,..... I }\/' J I'; In. \ ' , / " '", ,..... u \ J I , ,'~! . \ , I ," I '.' ,\ I ~ I' 'II' I I ~,\.' \ I ~ ?.,': ,"" . :" 0' ,i ",\(1 ''''/';('~'' .' \ 'b, 'I.' ,(/,;."', ) \ t '1'11' f , " , , , \ I' I 1 f ~"~. r ' r ,( , ,\ t!' "II' .' " : I' I, \ \ I( ) . '1\1' ,',~" I 1'/1'/,,1 ~},U \'\\" = I " I \ '!... j I' \\ I \ f ", ,. .-', , I i \ ' ,n "}"~ ',_ I ., I \ ',I' , '_ " .)- II,' \ I \ U"" , ell' I'" I " " I '" "\.Ill'/' ' 'I " ... \ tl\'~:d ,I '1'1 "'I: ... ' \,'J,\.;';,'",(,}\ /, ',II"J";'" ',\ ,'.~,I~,'!J"I{i, :,' " t'- I"~ '" I " ',', \ "," cr I "I ~ I \' ( " , \ \' 't'o'i \ '.. I n I' ", 1 I ell t: . \ ) \ I ) : I r 'i J i" 1, t' If" ~ \\ I ,~ \! , I, I .\ I \.' , I I .il, \ ru [ ~,. ~ \.. '," d' 'iI( '\q ~'~ \ 'I \' ,,\ 11\, Ilf>( 'II I ~') I . ','., ',' ,m I "~:~I, /,III\!.'l"/".,!! 1,':1 'l"~IJ~\' ,i 'jl,';\'Ir'11 .;,/ lll:! 911 r.x\ ',I, ...' IU)~1 ':' \1"/\\'/,'!:~ \"W~'~<'\ }.J./H, 1'1\ ')cr. (11\ f.~;t' la~ll~ at '!:' "'la' if',"',' , \111,;;/'" 'I~\ ,,~. ,iff-', '~\,II .\\1,\' ,'!l; '1) 'J.I~' \l\wlp~ ,':' ,\, .. Cl...'of, ",,, ,1' 'I'Z ,ofl)I~'I' "~II' 11>\"( i/itM...,,}., , - ~t,J>-,,~(j) , I, :'l~ ,... \1 t>~ca~'f' I, . ",l/I,,, ,'~', 'j I rOj \"".\" 10.', " I" (:) 'UUi:Jr ^. 1'1 '0 ,O:;)'~~ Irt'~1 'I \ q \ , J, ru "-~'~ $,', ,jo, II~'" 'ii3~aJ~I"\Y1\'/' ',',. '\ ' II ' 1:/\'1, I I t.l I I "II! ,r:'j, (.W h/\"'\ 'Win Ill' 'ill 'I I" t'- )' ,'I ",',~I; {' ,( , ''':"' " ','I' /)('1 ,I,' J'f'iE;i i, ',/.\\,1 'i,' J'.r : (';ll)~,'(~;?;;I;!..', ":l't~,~r :'~: ~ ,', ~~~~;!li(~~I)~\;!.')"'\' I~' 'l)\), i;~\ 1~ 1( ~~ '~' r>WJ '\"."I~)l "I 2 \ ,"I ' ,,~. 'I'" fi . ~' ,. 7~lt} ~tl,\ "~ i 1\' \') :t 't '(~J~i:~'. ,\ ' r' , 1')/,'I,',,\lil~~/,:< \i' F:l,~'!8\', :'; <:11' '7 \1) Q~'I\), ' I, l}ol~iJ;,. ,) " ~ ii, (,}'..'n :1, ,,~ ~ \\\1.'" \'!'\'~8' .',1. \ ,~, !<~ ,':..' ) "~, 'II '1(~i2\';II" "t!II) ({i:1/ '::1, \' ~\ /\'~'r\\ .')' *15 :, " l~\(\'''~~l}\ :., " \. 1~ ,,11./, \ fl, ~o ,1\,A\h" ~ \1 I t!, ",:o",-"lll,,""'I""~' " ~ .........~,- , .-. I ,tl ' U11 U1 U1 o 0' 01 o o o .-. ..,~llO.,rro"UIIlll1' : ' I':' ~"""f'lI"" "no" I'~'''' .i ' /1,\ ,.', v,_ " '" '1.. .... ,- w~ \,~ \- "" "'" 1... .. ~. \. \. - ~ 0 0 is ~ ./"i) -1 ..-/) - , :":' \~\"I\;,'.' ~~1'" 'l""l""'::'~',':/~\:~ ~'ii!, :;~'71~';~i~;,;~/(1 J~h ,:;:....~~:~~\' Il~ ';;(;1/ {(I,':'\I/".<l 'II':" 'I~"" '" ' ,'"'' '" 04,'1 1"""\\1\" I 'I ,,'L. : 'Irl\I;, ~"II "" ,\ \ 'II I ('IJ ". I' I. '1/ \, "", I .' \ 00' , , I : ~Irrlli.' 1\...2 EJ', "~, \ en', I,' I j,:, 1['.' Ie 't " Ii r'\ '~l i)f1,'l.'~ /:' ,I, . llEl,', , >HI ' ' 1 ~,~ ' .., ,t.lI , ':1" , ,,! d If;''' (/) (", ,,, 9 ,I.' fI/ 'l"~' \ ',' I (.;A ,~, , , I)I\(I)~' 'I~~;h'{ji""; , g ,,,;'.',,',,,,",1 .\~;,:" ,,',' ,',21' >,:~". (~" ',(,y\<<t,::i',1 ' ~jl/'I':I' ,(I' 1\','El;:'~";'1 \<1 '0 I ' \",0':" ,~/i ''J~'" (l"'\//ll'(I\O'(~' {,~ I) Ni"}lrll~,'~8I", I" }' ~ "ill 'ib,V"" ," 0'" I, 'lit "\ ~ Q \/, \ . \""1' j ,'/'NI 'fA"'l rl ' I ~ I :lj~!IY' ','il. ,'/:,0 '. : :,'/I,\lJ ' 'j ~ ", k1i,\'l} 1,0, (' \ \'I'/,W'f{\1 \,, ;',1" ,,(t ,\~'."..' \"ll ~I/\',)/\\' ,\~I,' " I,{,'/" ~11 (( ~~' \,/;,'.\1,;' ,<8' 1}/1 I) ,,1,1/,\1/:' ",", '" l:j-l ',,\11:,;',1\1,""') , :i,' :iJ/II)'fili jll';,\rl'/I; I"~~ ')', ';' 111lr-:!",I)'" ,',' . '<;": , ! '.\ .' ',,, "J I ,," I (' '1\ ,~ . 1 )~I~'QJ ":"1,, I.',',";..,. I,m!!!! I~\I" fl" ~\, ,'I; \', I ('II \' Iii / if" , '~, .'111i~"", ',','I':,iL ';', , ~'I~rl;'fijl\",i) (;)'\f';(I~i'\II"/I/\ j"\I" fi/al,~,.",;, '\; ~ I r.....'.. ,.. \16011,/.., I"~ ,\ 'i' \ " I" \','1 ' I:: ) \1;\~ '0\:' ,'to, C'- . >).,,);, ~I Ill, Vi 'i' ':,\"l!I' ~ \:/1 'I l/ji'."",' ',' ::-:: , 0 \' .) 1/I','::."~'~~~")/',(~ljJ.,' I,'",: ':, ,: lil," 'll:,,)) I ,t \';'1 I), .). I \~ ~ (l)'i'~l~' '. ' (t !,,"III~{lP \'~:\\'i'\\;.'t.lI '; l\(I}/\'i~{" ~ I~~\(I/W [D\ ~~II I) I~~I~)" " I' ,'l'ltl~':;'/ ~If)';~ J I)) :ii~ ",~; :, "'I")'~""~'{'l I '~, ' .)1 (1\/11\::'1,', l' '~,III'<('I"" 'j.,,\ I f '"I.' 4~~ t, ',1 ., I. \' ,\} 4.1\1 ,./'Ti', ,\ ~'!I 1',\" 1\\' " "(.\",I.',....'.I.'II,t.lI (I' ,I' ,,\,j )1 ""t\" ','tll ' , 11~!o) I':,' I'll:; \ "'J I, \' .,1, I" rL' 'll:ll: \ , . ~ "'/"" ru/'" \, ,""11 ",I {;a p.~' ',I ( ,1}ti/.',','~ :'/Uj~~~\j;,\;'~: ".\I/,\I,,:~I ",iill, I ' )I~' ,~%,.\~ '- '1'( "II" ,,, ,:Juj/-'dll' "ill rn ',:to<J'IJ' I ~' "~ ~ I {' 1 ...;,' LIJ == 5! 1 '~~ I ~~\ \','" \ \ ,I,", . \~: "I ~ 'g"\ o~, I'll , ;.~\' (f, ',,,,Q ,,'\1,::,; ;/,"''''', ,3;"o(f,!,/, I. ..11\'" ..(,'" \C!'!",l;/\',\ J' ill'~" .~' .!",,:. '.'" I " "c;:i:!~~j, ,', " '\'/,", '!'" '1\">'~~"'ll('~ ~~ \~\! \~ I tl'I,~" "\1 'If, \ , ">ct'~/i~t \' . "11 \V,. ," ~1'~/" 'I :, '~Uar' '~. ~kU~ $I;/.Q'~' 1,{!,i,)\;~I':iO\I;'.'I'~~tl'1il '/\ h~"iw,{,', /0 '; \ \'I!lI~~';\i.1 ! ~'PI\t..,~(.~ fl(i\q~" \:' )'~ 'ffi~,. l(dr. 'llJ" I( ;:-::,,\, 'ill, ,,'ill ,l!!,(.';\' , , ' . M ' !\, " '.., " /,J I J ,\ ,,' ,I (( ,ll!, ' , f1,,}.g,',I'.'I'.(! ' 'I~ll' "~' " , ,lii"':'g'\),I/~1 ~l~ I. 'I~ " ':E;" ' , l ., ?,~\I/,\~' 1\\~/iO" \','"..t Il'I'rt'J lo,'ilh,,/\,'rl,f. 'f JI\)~ I~"'\'/I;,\ ~ ('llf ~l" ,.... 1\lJ.rl,1 l \...', ,'11' '\ ~1S '), ')'/' 1~IO~ Jf,."., "'i5~'/ c.:::.;'1,' \ , " / ~ '\,\li ' o~ , I' , I, rJ . rl.m ',' ,( Fow /,,\" ~ffi~ ILI'~~ .'~~ ~'!';~ '.",'{ ~~ '," ~ 51 - " . of. 0 . .' \ ~. ,/I., . I ~ ' ' ':"' ":t<\_;..J.:..i.....h,t~,.<l_',.<\,,., . --. o o Ln CI" o o o o o '0 " . -. !: t.lI , ... C'--, e,D, ~I ru . . rn 11 04 !: .. 0 I'\J C'-- J 0 rn 04 rn 0 ~ IlQ....<l~..........'"'I<I. J 1- ~ -.-. '~ t1 \;- .- .\i"f':'1..,.... ....".... \ ' , " \- "2 o ~ ,- .~ \~ ~~ 7.. 4, _ c- o~. -; 1101 .'-IQI II UIJ"'- ~ ^ K'l::tonc C'mmunlly B.n~ 'ombined Stll,tement ctober 09, 1997 to November 09, 1997 - - (",111",111",",11,.11,1,1""1,111,,"11,,,1.,11I11,111.11 llRIC G WP,LLER TRACY K WELLER 540 PETERSBURG RD CARUSLE PA 17013-9206 For information regarding W. .tatement, call: 717-241-7790 I 'ummary of your Accounts , 0p0rI"" "'- c_, ,...... 1..._lAmed 1."- C<DIIIlI Ty". (Dfltlll) A_,Numbo, 1()$.91 11.1]9.91 17I11S*,_' Enmod YTD ;HECKING 1326716 $ 357.43 $ 357.43 $ 0,00 $ 0,00 :EYSA VINGS 29000775 $0.00 $0,00 $0,00 $ 123,93 S 357.43 S 357.43 SO.OO S 123.93 ,)ersooat Billboard :-HE NEW LOOK OF YOUR STATEMENT IS A RESULT OF YOUR REOUEST TO MAKE IT EASIER TO READ AND tECONCILE YOUR ACCOUNT INFORMATION, PLEASE CONTINUE TO LET US KNOW HOW WE CAN BEITER ;ERVE YOU, Checking o\ccount Title '\ccount Number Eric G Weller 1326716 '.p..., o.pM" W/to\JnnwJh "'_ N."w, _, NIIIfIbo, _, I.",.", Paid EM"', ,.kmu F_ $ 357,43 0 $ 0.00 0 $ 0,00 $ 0,00 $ 0,00 $ 357,43 ....~ ~ :- '.\.:" ':' !It' '. -Z, iM)l'l\'-',:?\:.~,;~I'~~~Tr,J?rV!~.\tl;~~S.IIh.\~~iifu~~~~JI~JI\lp~ii~~::~~i Jll I I /.~'r ~ -, -- 1JOOlfl~!~i~~~~.\!:~,~~~,~~,I.~JlIM!,I}-" ----\SEiUE~-Elf-J I,. \, '~" ,'(" O\)(JU:'!llli!l-1ffi!~~!!(I)'m',MIS\ ' ".55UE,DATE '.' ~I. ,'\1 ~ -- -,' --- ....tllCl<'!.~f'['IR.I'. , l, l:. " - - ~ ~-1 " , 184 48 227/, 10 1986 II I , '/) ,'"' , '; t.A2' 12l2823EE (I /.'(":::;".'::,~~,j>/ 1'1 . IT. ( 00 2 lo 2 7 2 B 2 3 II' }.............~ ;:.... PA 170D7 , ' SG"~lll n^,,', Ii" 1"':[1 VI"i.Fl1l.''' ",..\ Cf~~,\~'~<;l.~~i,.-r" " , ,d..I" '." We lIer ! i ! ~ . oci"":i'f'\911t tC;,l';,::'- ! i .... .;1.' .- .1"1 \~ " p~i:~,~_" _,~~'~~JJ.~~~~~~~zr~"~'~,JJct~fj1J~'~.W:~~.t\W,,~~~ 1.~5 " @ :~ . , '!l!!(f~U~~jg~~~~~,{~J~~:~~Y~fk SEmFS k~E , " /1, \.. ' . \ ' JJ!m~.I!!.{r!'II~.:!i~ \ '~lW':~ ;. li\',o',":,V :WJ 1i~r .. ,\:',\ ' ~~~. .r: : jt.../, .- ~;f).},L~~ ,(-~~.:~~'.! . ,\ ( \,.- \ k' -,' .. I ,17 'I' I" ~i' ,'./i, Erin Leigh Weller i ': '\ (' \ ' ?, ' I If12 Glenn AVClltietll" 1(1 ,I' DA,UePKfIlNDEP.OSIT 'i,' 1':1"\" K t I; , , &Tfl" , ' d;;.;, lJoilinf' Spring's "11~q.\'11 007' \ ' .: ","""'u,,, 'I j'" , ' " ~ "" "I, \ '" ' "'A.", 'I ''1'~)"-I-j\ 'I..,.. 111.' SEP ~ ,: 'v~ " ~, ' ,J (\ ~, , .. ,.., '. " " " """~d989 j',~>~,or IflabeJ1~~Jil~pnK?"'''\'i''.~'il!i t, \ ' " \ ' ~If.\'> :"" '.. . , i' X11' I I 'I, (I:.'I~ 1.11', "*'1'_ (~(, \ ..' ~~:t'.":;' f~~WSlltJACJifA' "\". \ GlF'J' " , , - .. 1 AI"'" OJ :S;',I" 'i'" II """"~i'l' . 11';[, "ii' . " . "nr'-i" J 0<03 "'\", ""'I 1(. t.c:,,:._~J'i .;!;rt.';,~: ,H'1I1..~20182l32EE :\\ ".",,,,.,, ~ .r;;::J'f r,I ~,~\~:oooOgOoO 71:0 :I'. ,2ID'~'?O~la: 2?:I 211' !,,91 ]989 , , ,",' ' Yr",..~";;,~""'''''IJi~~.~ ,'" 1~\,~,v,.,!\ibi1ltl!i"I-::"" _.',',',___~~~:~~~:~;=:~Y"'..--S~~luEsEE ,. I . rnOOIl!!W!.mOO>~~ ~'::,I~...r. - ;,,0. ~;'lrr"r:'!IT (JEU[llIOYI:"~li [" I . ." :u :.:J _ ". .' 'Jlffi'HJu\'fiSj "Il;O~ l!ltlUC ~~.~t:_.._.__ , " ,,' (OO~I}~1!b_, ,,-'! .1 , ..\\~. ,.' :<..'.:' - "'" ," 09 :1991'" ,..' ". -l-i<'}~' ~".I "'1 ../',",:,',1, I -~ .--:-~;-.-;;--~ ").,{,'ll'!'";,,,l,i::..,' " ,,_ .t, ( ,{tl;-k:JitD:i~t~. (-~ 18 ?~, ~c~~._~~.6.! J , ' ", L 'OL~~,,_~j~J:;:,,~,_ \ --}I . 'l. f \" " , " r''' - ,] ,', RiO:fl" i , J \\ ,,'~," N LE1GH' ,WELLER, " " :', ,./1R,Ili:T'IJIS"~" \\',',"<i\ '.F, '~~lL, T.O:' TR'ACEYI..i~.E.\J(;.1'~" ' , fl:~Cl..J\r,I'rrr ,\,' i (." ,.-. <oJ,.: 412 GL'f'.NN, AV~G j'''1 'k'.1 \ PA ,17001 ' '~s\.Jp:,;)7 ,\991' ") ,...:.r~I!}OlLING SPR;}',,, t ,.~'" _'.' j ,r. "...11NClIIA ~ " ..~.i'" - " ,- \' \ .>II ' OJ \, ~l\"..~ '~~J"")\~/'\~"< r letl'"" I'," ,~ \" ',t:.". , , _ ,--~ ' '\",,"'i\'~) , , I ,'~~; fl .- .JI" ,'"., ' '1.'d~1i'l;;"'-<<.~\' ,~ 1'14. t..,~! '{ \ >, "," ,,';f'~, 'j.ii"'l.li'~ I'll II" :\'r. ,1,/"'/ .~ ._;; \<. \!ht~R\ ,ERIC G: i~m.:'...5~@b_~56-~~b::,,fE!I' ,":'l~' ,!', , '.',",' "', , ,::l\",' ',,,,"c.. ,,' "11"002' 71'90;>; \) \R~II' I 'U~3bSb lObEE ""'", ~Ii;', R91'26'900p13;;> -I,J. Ii"", I 1'1'1 -/'" ~, ' ;'11 1 . , l .I, .1 -.- I..L~::,:",L'./AI~_~ ; \'";'7'"".",,',,',,, """)i'~,i\'{,~:>:.. ....' m~' '1 ""5" 70bll' "'!;..),.' ~'\J J \"\,'1',<\ .. 07 *00 .. :1t:J ~ 'i:\;[~,:..,i~~1~~\ 1:0000 '100071: '_ ._~~~~~~~q-~~\~~~J]l1l~,~ 1!ff~U!YmJID..tJ~!41!t'!JOO~:llmnY~~ SERIES EE ~~W'n:fJ1.lf(i)~~'.I1Wfi):{M.ilnl'A\ns\ INHlltf,T (;[~st!. 30 YL,l.II5 rf'lOMI5SU[ ruu 187 60 9361 09 1991 '-"""C', 1;, ERIN LE IGH WELLER HAIL TO: TRACEY WELLER .,.. 412 GLENN AVE "I' , ",,; 80ILING SPRING PA 11001 ('j~:IL OR' ERJ C G Hflu.;ER I.., ' I , :~,:,.,;,"",:...,~~'~?~?'0r:~'P,9 t/1og;~4~f~~~:-1~Ori~~'" ';M/t3, bSbl01EE ,.1.."._, A"".,...,"(.... 'tl.:l:1'Y,:.:OOOO 11000';':0'7 g 2D'~'~''i;~ ~ 70711' ' fR8 RICH F lSC,..^,~.r.."lJS, SEip U""J.~91 : ;; i'/":"'" 'ff!!!{iiftAWl '~~:!~~:Jl;Z~1J~"tIJ.~fJ;\~, __.~~i~ (tri"", I 'I'> ,,~";"-c--."- i1ool'iw!ffi~I~~~~WJ~~rn..J~I~\ ' , ':-;'siillHii:S EK ' I ' '...'.... ..,',' , nr.."1Iq\If~YJ!\\WiJ])JUIl1A'i\qlSj IIIU"U'.t)'~t[!i IOU""' 't' "r \1' _..:.=J~ :~_.. ;.;.#_~ ,I ,,,olol,IfUUI.toAll, \ . :I} ,:{r';': '184 12 3638 fii~" ';I'~;I 119911 :.. .....j,j,'.i,.......", "._n._;;. . . '":,,,;;, ,'. " , t ; r' Tf : ,'\ _I \. su r ,J AT f: . , ji,' RVAN "AUL WELLER r'I, ' "J :,/" i" ' ~ ,:H,'I,IL T,O: 8URTON"LE&i~EllER . ,F;/l.6 R Iell ~I,13006WEST8ROOKi'pfu I ')' f,I,s~".AliJ.;,VS'. ~,...~r:.,r,ENTRE\lIllE ':'.'.., VA, 22020 .,')".." , :, " t'., '1'l".!"II, 'I'" "'J"'; j ..:*,H"AuG 91 '1991' f... -;,;'ll#',,;<\~, ____ l~J j~__", ,~~\t....,o\."'''' ,""''''',''' ,i ~,1 ..~ . ....{ ~.! "oJ,." \ I . "r,i1j:/,' ' '..., ,;. ',' """ '" , -I' "'::"i~1J . , !\.. "j' ",Dl{~~"ACEY ~iilVER~~ III:t ,~ti~f~~f; .:-...... ...... :. '~~!; :rt~rntqPi~'7~ l,Hog~Jr?i~6~-yn,~~T:-fm tbi :2', 1,' 9"]' 9E'-.d' ,\\" ,..:>:,..---.--, -.--".<",.." ,(,,~ 'P 'lJ !;; , }~,);QlddQ~doo.~;;o ~I "-1) w;~'i'~'2 : g 7 gll' ''';: \:~ j~': ' ',~,-" ~-~ - - j", 9l"f,' ~i~~~~~.,~-&f.!~!~~~iJ~~~~~~ I I,:;" '!!ln~l.!N!I'!J!!Th~~I1~OO~l\~'(SERrnsE~J':\'; 'ft, ). ~r.' . o!lIfl!'!\!.t(o~'.'i~\w!!.>n:Bl"'I\\Il:S~ . lNUlu:al,cEAul;IO hAilS t; . t"t2~f::;: "::1:1:81t 12 ;6;8 ~ '/i':.'1' ~ , ' ::,;\i(~~i:'~"~'J9j~.1i "~'I(tt;'(i~;",,,'.oiii':';';ib';;b' ~~::: ' · ~ 'i' 'I,:."':'~s\u; r;'1~V ;~~:. y ...l \.~'\'~Xt~'~~~~B~~'r~~~JEq::tWEllE~' :~ i;~"~~':~'~'~fb~I~:? :', .~; 0\,13006 'WESTBROOK!'''PR''''!f, I', ' , I ,~,'fjJ!SPl" ~J." ,s",''lI:'' , , -j, ENTREVIlLE 'J~I ,VA .22020 ',:" '~;'~ll~W. ",p'j',. II"A v''!:.. . . r-'-""]',j' .l:1lI WI G;"07 $1991''' " . ,\ '. I \ <, I " , . ,;:ril':f!l: , ~' """"1'.1,., ..( .. ,'.,., ~, ,'-'----~;., :::...~.'"..,.-.!'r-----.\ . ~t" .: ~ '~',"l, I J;l),w,,'. 'J<~ 7",'5"'1_" \( J "I '" i".ill ill~J=\ T.,J.j"!F-';!f'.~I~. I I, ~'"~ ~..'~ ~'~ ! kq~.' "'J''''1:t~ ~{)~+'~ ~~OEY ~E'tlEI!&i- rill)", IIlm' t1!J>-i;~#Wi":-~ . /' ",,, ...' H-OLih-621-Sl..B'o"',EE~~, 'l:\ 'I,' ,.:{("Ii ;, .,'~ I16D'pVT&2UD03'" H9D21:r)iUJtIl.,1111 "1i ""\':"\~l'~~'" '\ f' 1 C),.r 'j ,:-F"i.'j,ti ')lI\I.I.M :3hc1CJol]eE}1i S\'!>'l l' " "-" . ,~.,,..-"'-.- /, " , '. t., ~J';:"~_I'" ~ \ _ m . ,..... \ ' ~ ,~t''\'~i)t-:~~;~~ooo 7':0 7 "::.~ ,~"'~~. '3-r, ~~ gaoll' -. . ,,' ' \:. -~., '" -.._..,....._n~'~'--..~___==t ':11'"":"1" ~ . l'~' """', -;'7'_,. "._'I"loI_w:.tll~-_~I;IJ~~~:1 l'I'_f_",- :f!l:'\"1 ~ ... 'W~~ \~:fl' I 'I ":("~,r)(C7':' 'inI.mt1i~~!!~,~, ~OO~!OO-1!I~-, ""'~~\lo;;." '. ~S ~~: . "', .... } ,t'-'-"l, . 4.'"....."'" ....."....... I lC7~ fiJ2J ;,h";(,',~",,~ ",jl,t., ( __u___~Th'~;'lJ!.'!f!.1~]$f!)~m'Mt~ ' ~ :' ;,,,;;,~~:,~ l~7~;. \'ollo' ,~~ ",,;""\ -. "I~~ Ii- ' ,', 'G'J i [h'1 ,c.-,' ,~;\:" I": :'1".. l;,,~L..&8 779J j11~~ U:.\ 1\2,,:' 19b7 ' ',.,~", ~II!, .",,\ I", '00',"""'''''' ',",:,,:,'" \ i,'f1""'0"',,,, , .,;,,2j,. liG" ~. '\, ,( II', L ' r--~, 'L' \"1 I II , t \~, "" 'i:~,\Ryan P<\ul Well ",. '{l, ' \ '} ':'>"'iij.L,\J} ,I.: ' , ( , rI' ",4'12 Glenn ,Avenue !',", !''I,! " i \:'1', n'1"~:'I:iZIJf .. '.k. ..,. '\"'""';"",, ' 'I Ii !l:oUl1hUllbi OfficI " ..r;F.f;...tl~(l]:~~g ISpril,l,gt;,', l':'~~!"',ll ',I, .\,:~ .. ~~~'::~,_'Il:~~~Cll."'fIf,,~ ~, ' , ,Iof\'.'(" , '. ",'~.""~l" ,,,,:',/.:1, L, '1 /31/,8 ' '. ,:\" ~. '.'. \... mlri'f'; It.. 7 ".' \ '" ',.;;,":'!'.\mer: Lif'rc'.'Gj" '~Ia~;;:::~, ~\:i:~~ \~~i'~''7,' :' ~~" " ,,' " I l, r I,ll. . I' "Iif.~,. ~\, ;.,:....... ,.:' r--.." "-. Ilill / ... .. '-., ~ .-. }f',~";, ::; ',J, 'Bl::~\(J ~ ~ ,#J'IJi J~~11jlin: ~T,,:1.,rn,i~', i,t:,,,,,~,,, '5\.~',18(,',drl:", :, l.~t\r, '}B"''' \ "."...',." AI ,#.....' ",," I ,;:J!l ~. d{L'I~tl. \ -~~ .it !. ,10; 1 " ~ ,j;-"/' " .,.., -..- , I,{; ~..:, z~/, "'\' ,J'i~.'...... .'~ ,:ft\:bo~fqdbD 71:0 7 :,. i 00 21,8 ~ 7 'lBdll'. 'j:~h1.\'1(t:i~:YQ:",~ ""''''ad''' i1I.~m""'~7~:=D'!;!ml;i''J:'::~_:I~,'1r''''N'''''"'':.'':""Wjj.~wr'''''7'ill:~~'l\\m . ' ~1Ifi' ,.I ,'~i\-- "'" "'" ..:'~~ '" U loll"' I .'~ VI V U I' ii- ~_U-'l ,;i. . ~ ,r:'~~J t.l:~'~~. ,n_ .~~~\:~~~~~~~ m.'~ ~~"1,,.~~iWi! i((~-~ ,;,,\.ii(l~l~)~~;,r:-', f:Jijili~~~lq~~~~~~'i~;~i'-~~ji[~~' '\~'sE]lIEsEj[~~ ! i!l;:,' II '~~"'I',;4\\\~,,~, ",' " , I ,I, ,I '""r,' I"':'no:<",.~~,)t, Q'IQ~~"S' ' """',1 """ ."".. ! i j " ','~' ,'- ,I." ! ,~!':,n..r,:.\'''''...I. _~~::.;::.r..r~ . . .'PI(lIo4IIl1Ul b....t[ ".., I ,:~~ ,'~,t"t~fl:;h~. , 84:},J;~2;i4'1 ' , ~ri i :', ' :";['0711 .\ :IT'99~) if,lTr,_~~ r '''-'~-~;J''" "..~,_._!.,..",!..,...~.,:_.;~,,~..,: I .:...!l""," . '/ \.,::.,~., ' .:--.---!._-j," ~, ~ -""" ''''''''''1:'.''''\ ' '" rl.,~, , \ ' ,"l""" " ,,,,",, f ' 'f::';:' .! " \;, f \, I:' ',- \'~:-',;";'7J l' \ \ ISSLll: ~'JATf; 1:1 " , ,,_,_ '.- i' '~. ~ I' -.' ". \ ",.., .. ; ) ,-. ~. ( , ' .. RYAN W E I , , " , " . ,Ie "':'.'"", , ;, ;, , 1", ,.~~"Il \,' '" C.,I ' { I ,,"-- 1':fRB'PGII'~ ,I .1.', ", '," I ,'~, \, "i"l' I'I" \ > ' " ", ", . "f' ,j 1\"_\ ~:_,,, .. r,'-r1;';';.7f i '; -~- : ':08-09~~93.,:,.; ~i;,2,Gl!E.~N'\AVl:NUE' ,Ii~: I "",,', :t<::" " l'i"(l~O'~':( \: ,~",,:;I.~.r:L? ~~;;~P'I~.:kl\~~H~0Il~J~J.~I~ ~OO 7' .:1~1;;~~ \"i\: 1;,P.}:.; l l}/,: ."" .'0 R" i)j, n,' 1l'c"'M~"I" ,'xc,:,:;:-,"r\t. :"Iw,,,,,"\~ \,',"" ~'!I,~r".;'\'.'l~l" ',\, f ...,., ",', '," ".,..,:..",.,.',J,.,',,',.,,:,'.' ''','',L '" '3.1I]3' 1l,:!~tQ D.,>1l0.~3I1drft1.I. 036. R.9S"'AITt~r~' ~ir\.~'1l._~~,~94~i7.Q~ t;,~c{, ..L;:JJ.. ""''!..;,_.\...:,-.,- lilil: l-"""'''E. ,', -. - .,li,' h.'I." '1,1,,0"1:" ~~~(~i .;.:"1 I"."." ~,) II' I:'_~ ,'~ ,": a: 1111' ~~ w. ." '."i"li7.""i;r ::,_:\o)T,.,~iJ,L',\.:;~:-,~,~1,>~_4':~1r-:' \'.,t'",':. ,',.i ",'U.,OII" I" ,_,_..~.~_,,--,..cmc '.~' -, _."II'ITr{JJf, n i IIi ',:l~"oq,.u,"t'.,~',.,O',ll.:E.;~",..',,> ,,~ -'r-''''''~~.-------r-:", ,{....;.'" --r~~ . -: -~,.,.z-.:J.-.:;.(--t.--~ ,'--:;' . -, \ -"'L:.:' ;LLl:J.' m-I> "I' '~j ~ , \,"("1",1'" \ ',1\ "~",I""!."~+'~", '.' ' ','I,,",';"~';" !,.~'-) , , ,',' ',,, ';"," ":;', ,,,r1"'-,,lll ./~';',_,:,_.' .... t.-,...., .,.."'.......,..t.j .\.1 m ..,.,'.! ,".'- 'i" '.'.1'-:.-" --!i;..~"-.,'..-...--:\l,'JI'.~.~'.." 1,' ',''', ,;)I::OOBO!'lGbdR,,:O::\'I'\ 1.,'0 S!~ 50 1,'~70 I,ll' '(~ n!"d,C1.:';'!,f1l.Vir'l"L:ft. 'f'>-<<..-.,........-.: ._!",.-.\.::,\ ,"\'''" '1' ,. _ '/'i':' 'I;, . - '. ... .-",. \ ".'. .L.' _."_'_ ___" _no. _ ., _______ -... ...- --, ..... m --. ..---- -- - --. --- ..... .. -- "..- -".. "~f/i 'll~~'W~ ~ " i'~~ I .. '~'sjfYiYE~TE'" ~~ ,1\\' \'1 'fll',rO'frn."Urr>,rCfcA,:p"'i '"',',"", a"m".".., t' ~'I ' ,_el...:.......:J.. :.:;;f......_:.\~..t.~,l'"dl<4lllll'Ur...'DA,.~; .~"'.'< f~'('~~lQ4'~:~;il~:~:2~(t:' 1':1 :IXo} ,\lh1?]i~:' c.._ "..~t"l(-.l,"- ':OC.'l~C'In:ln"';~'< ',',' .,.."~,,," :.. ~ '_. ':"':,", ,.' (:1, "iii""., '~ I"" '," I~- "C' \ 'IS',UtDA,TE ,) ~l ".'. '.....,. \' 'II '.' '.....,..,.. r.o_ ll'~' '<,' ','IRII'>!N 'WE L:U Ell," i: , ',\'<' ",...,,'\," "1,' "'"""'A"",h'(J" ."",', ,"," , ',FRD PII' , "'}"["~"" /', "p!' ,I I , '11-'08~q"',,' ",~' DDaf/lf,'IJ Y";"M. : WR 1 I?H.T ,Sf HE'" I'" " ::,' ''''"''lM'~'''? ';.", '~I'Wu<>ELt'ER'ST" ;,"1 , "'" ," f/. . ,'~. '. '-' '-I ,',;0~ L - . ' .' ','. -"", ,: ' , L.: ' ~,t1~NH$DUR.r. 'd'~'TIP:^ 17'055-3731",..".,\ ',' ,.J""" ,.... .' .-.j'("" ";/1fii-r.<, {-,' r~ . " "~'}4.".... lJ41I'II.~'Alo4'1;1' .. ,. ,; '...., I I -" ,'" . - . " . "f~-' ~',' ' .," J ',,. ",,':', . "~I\\IIJW,I,I".Jlll.1W;JJM,,~,,~~' ..II.. "II q\!Jl.i 11 t. I " I '':: ',"'.{', "0.",'"',;,, ,,' 'I,,; "/,:"5,,," .', I' CV,;WEL.['IIiII'IIIJI, ~ '. ,. rr"::":,ill:~,f.c~' .1 ",.! ".), ':' 'ii:;: :~:,'Jl' ' ~'~m' 1-00,0'0 1O,\i', 00000 1l0p,.?:>~0.t4" ," 1"'~"J'~,;,'",{',{,',I,t,.0!"2"I.5Q2, ~7,7r;",i,',' i.II'I'" ,'\~ '.-' . ,- : "W' < '~:r' I,. 'I ,f I :'. 11 I I , . I ::-~;';'Jq!'1-,,~-_ -l~\~i;;,''-l'::.\;::,l>. lill~\'~~~H,; )1~t.t~JL;n.'i.~;))~1~;" I ': '~525'OB:8a]~:E:H\i ~''til\:\j.n'y\'",,,\,,,,,,,,,,:\, "IJ" ';fJ""."_~._., ' ,'WI'" ",JoY)';,'].,.',"", "n" ':mn:00~80'P 7.1:0.:1 : " m ~I gO 5250287 7l,II' "';;(,!),i):'\~I$i .'tJ"1,.\, -j-, .-.< . . fl_ ., -- _. --- ..~"-- .. _..--~ -..... .---- ._-..,-. ---- ---. gS\'i~i~\.riii~i~~~i: ,~~.I,ii'&I~~f~A~fr.~!;~~-J!~~~~~~~~~Jlli~1~~~I~~11~I\J$i\~\~11 (~~r-J ,JJ~),'.:<N~': ""~!.lJ1:~~.ffill~~;t~~m~JmM~!m~(M~lsEfltEsEE , " ~~'JSi~'~\i\\',~.."'. "::::.'1' ~.Ii1~m~?-Jil:(i)jJOTUA.\l;CS' INUIIUT,l;:IAIU 10 nAilS I" :;:"":'l;;bg,{'" '184,"48, 22~4~- F~=="~ T~i)"~{'i-99~ ""Y;;li;\":, ,"""""';';" ',',., ~::J.i )'"~~'~~UE~'~;~;~'" , 7b 'RW\N" WELLER ' ; ...:' . ~,tJ'''''l ,'': / " "l' I" ,) .FRS PItT ~~frf\t"i ~ i' '" 'i., , 1'.71 ~'------I' ~ j : 12-1'2~7~,94. {, '~i?~\ lB 0 X. 346 \ I,! I~),! j ~ "} '. ~JU,(,II~~llI.OIT'. \ ~/~Ii' , , 't.." .~Vh~' \\;~ 'J , / P.t'~ :ilPING'SPI<f.NG_S,r'r'i:np,A 1,100'/-03l,(, ..'~,..'i'" ,,),.., : ' 'i. \ ~'17jIl,:~,III,~IIII~..lu1fIl~JJiil.'lhllfi~liI~liI_11111 ~,),~~\':~:f'@~:.\ ~~<\lINO~."'".~ ,:, ,t'" '~' ,,(?f , ," .,w,..' , < l(~mifR CV,'WEUI'1RIII '/&; f 6 . ,n'i:l~1l'!.~z'r>;,;,(tI".// oJ, \RDS11A ~IDf))261-0000 lfoonoooo 12229"~",.o67 ~__ .:"~'~':;~:\iJ ','1f53262H58' ..1'ltlU . , d'lm III. ill ~,'- ~ ~ 11 11 )1"'" II ,'V'l-''. "',1" ' 'f, "'"' ,A~l,~il(",)"~,:-,::,::~:.':~~), " ~~i::.'!:.:;;-t-l' I Pl!:5 .cH2~lD5BEE' ) \, "':\~:OOOOgOOO 71:0 3 SbO 5 3 2b 2. l. 5811' , '. uni~!~. ,\i~~,,,:;,' .~;. "~-,--_,"",,\'~,.cr~r(!;r~~:p],;;.t";~:}Yf~~(~~..~~1.l!i\~.~'i1 i~,J ,~ ~i ~~l~ffl]!!~~:oo,~oo~~~.IDY~.1 SERIES EE ' I If.,,' ,t,'~~"" -:{' !i1!('W~l'~~Ir.I~YJiJ Hlrr.II~r.IIS;MCI~A&~~SO~OT;lAIIS l' 184 48 2274 I" , , 12 1993 7i,RYAN WELLER --- FRe PITT, .'1 '-16-93' , 11111", _QUO' ~ "~~12 GLENN AVENUE ' 'BOILING SPRlillGSPA 11,007 . ;(\ ',;:' c,:.........___..._ ;':,' \'0 If: TRACEY W'R,HR ."~u '\i'''JRDS~AI 0313008211~DOOO, oIJoolloo 121493 003 ' I : ) n:n : ~::; 'I i.! i l 1':: ~~A;L}~..' , : ; 'LS:18159183EE ':OOOOgOOO 71:0:1 &(;0 5 ~~-~~ l.8 311' ',I --- O~T'''4 _lUll' , nS,181S~183 (,':' I:;.~"..,w';)' ~'I " '!w:J'''',;o ,'~ ~ ,~i ' "g '~';Dtlti ::, g;; ~ "IOOiU'.';':':A: ," i. rf'i: . " 'I.:"l", , ''"~.:..,J ''I r-""" :...... . ~I .. . I "-\" \ 1't ,N ,I _---'.I l',,~ t~ ~,,' . 00--;1 ",' ~. "':":f::'~~~' ,,-:,~,~?f,:)'J, .ttr..i' ,'.. ..lll,'.,lU1 .;,;.',{,: ,,~'~"~'!J~~' ' ,";.";! . r'j,'fjii; 'I"" ~Y,;i :"".'~ : .,-\ ""." "\~ ......, c:; ..-. ".1-; t.D~ ..-. ru :" I' '\~i\ ,~, ; . 13t1~' "'i ,,'I 10"\ :1;~I'~f .~, " ., :)~VlI _1\1. -.' ii! 'Iii,.. .~, '0, I " - ,<:I' ___J'I O' i.;' /, ,,,;",~._I,i.,;~:III.:! ,'" "', r!\~:II:\iLi':"~l';I'~ir:;:~ ,~~'b?,:.. i \~\;'I'''''' ,;!Jr~:,. '..l"'.'"'' 1 . ' . :~~!W-\r-S' .-.. '-'-, \ . :11 ":-<t:"" ~...:..t"I' · ; 'l'lii ['__\ ... Q) "'p,:..., ...,,1 ~ I, ~ ,~11 ru ::J ,; ,",,\J~:I""'''' .. .. I \:S1 I "'11 M ~ 00'';' ,.-=", ;.. : ~\I,'e) ~! i ~ '[ ~i= , B ~ . 1_'" v ,-l,~V) .. ,~'~..'\ '~O , .\ " CO ~;:::l J4:"- --'. . . '" " 00 '" 't" "', ' 'tr i" -'~:1 ~ ~ ~ 8~ ' ~r::-=l~C"I::~I' '....CJ' CO Cl '....' "I:" "'''l,;lIO .... ,~~:8 Ut'!:<^I:'~:^ ::: o'{ftp ,""' "'" 'l1\U>-'-' "0 , J. .:~;~::'~:-'\'~ ; ~,', :'. (, ",::."-:;,,)T..~- /. .' " 't1'i11,:"".'j::;;~:17:; ~:'ioi,,"{ ;.:':~t":'<. .' 41','r;J.;f;t" . 1~71 -" "':4_ _,;.:f 1"~i,~:' ~"'~!f ,;~ ~~,:jyi4I' ""'~':~~' '~~~$~ '/il;dJRI I, \' '.' w" (',..., ~,~ - ~I~-:' '(I,!,. rt ~,! ~JJ,- ---j,t 7V'1 N} "', t +_r~ J!(, .\1."., ' 1';"" ,', --- " 1!i11/\ ~/ '. --: ,';;\eJ". . W" [IJ) j 10. ~ '~.r~~~ w l' ~\1l~ t:;;~I.." ":." ,of " ~ '\ ,~..",. r;;., "" - Lf) .,.... C:(~~ ,.-l;. "", ... ~.~ ' 1[0 ,IO((""~ ~ ',l.;.,:<,~... ~ ~ nJ 1 ~W"W'~ _'(" ~~ ~~. ~. 00 '~'.:)..I ' ~~ '-'e i'J~ 1Il~ .....,..(~r.ie=;::: ,4 r I 1\11 ;;=,~'o-'~'''d'' ffi'1\;' ,.....' ' ~ 1 i r~"":,,..i~ r,.-l ~ ;maar.i ~ ,'-' - ,--t I III J:'~ J ...... ..-,.,.,...r' ~"" , /, m J-- -" ,__{. ....),~'I',,,f,\~ '1 ~( Ln , ,...... ...!.:"~ _:~ ~ "{,^~.11 ' 1 ~ ,..''''.... / . '- iG-t<r,.~" ,..'_'_ ~ _" . /,_' ..!~~l,~". '\. ~ D ...;,r - ... ~,.., ~. '~'f~' ..., ( _ " _ . " . . il1!!- "- 'h .i ~ _ " ,. .-c~ Lfl .... r- .. ru "\ I" .,: I ... ~_ ~ . ,il 1 : _ IAI: <..,;,:.;. '~_:~.. ':- {'~I- _:, 01 00 , 'T=" , ~ ,', - '-" '1 ' '~", Ir;l~l ;~~~il~, :,,:t,'i,:~~r;;"'llJ,'; '~;,\.,:.;~ '.', , " ~Uj. Jjh!(i;tl '\ '~ 1~1 ,,'~ ~r...-'l. ,\' ' , ' , / '....,..Y, .....i..,. ,.... ~'.. - I ~1\i1 ',,' ~"~ ~r':Ei:! ::. '~ '.' !I( ;1 :~i ~.,~ rf -~~.1~~-:~" '.: ;'1 o$\'~l Ci\! ~-~,'d. ~1 ![ _ C'- ~"/ri;V 'r---. ~' / p, ." 0 I' 1=1 ,,",': :L,l'1 Vl," .;-.., 0 ... .,~l ,co ~., oJ-,m. 00.. ~ '1. r'. 0 = I' . "" 0 P-<.M c:- ~.-'-o\"" 0" 1,~' ~. (Z)...M.... :I ',---:-\_- 0 ~~._ -. g .g-~-.;;1~~.? c~..', 0 . ...-t."~P:......c.o..~r;o.".-H..r 0 (.,;:.~." ,~..:::)(.'d'-~'!I' Yl~:':.~ 0 ~."\ '--I..../.....~, ; .-Jlt-A'i.~: '... l ~ '. !~,,:;.;;:I~". (l''''!'...-,(,....J \~~ ..r'" ,'. -'.. \~\ i/i ;;, I~,..(..'" J' " ! Jt'...,~;'t~jl. " ' , ~. ".-: F, ,._" t,~... ~ . .-. \_' ')1,' ~"""',,:",~ 1:', ~J' ' .s: . '_ f;,'<. .~ u:~ ~.. I ,~m' ' ~ .,..... ",' ~~ ... ,'J-'.. Q~.I. \:';,'.: ,/t'~"" :,' I ',.,.,' .'{!;j}Jf/.ifft...~J;,.IJI",' ,,,.... :Wl c:tl C'- .... NAME: ERIC G. WEL~ER DATE: 10-02-1998 AVERAGE SALARY FOR THE PERIOD 08/ 04/1994 TO 08/03/1997 ****************************************************,**** * HIGH-3 AVERAGE SALARY AS OF 08/03/1997 IS $ 44,603 * ******************************************************** SALARY SALARY ANNUAL START DA'rE END DATE SALARY FACTOR TOTAl" SALARY -.------------- ___________M ..--------- --_.~---- -----..------ 08/04/1994 01/07/1995 40,440,00 0,427778 $ 17,299 01/08/1995 01/06/1996 41,506.00 0,997222 41,391 Ql/07/1996 12/07/1996 43,711.00 0.919444 40,190 i2/08/1996 0,1/04/1997 51,915.00 0,075000 3,894 01/05/1997 08/03/1997 53,456.00 0.580556 31,034 --...---- $ 133,808 ===n::i=:::;;::::: =-;;:UT,"~~D TR:""'TTAL 'LIP ./~ ..~f ---// TO: (Namo,oflloO.ymbol.roomnllmt>o, ' -,,--- - -,-- ,/cJ:.L- ' t>uilding, AgOnOy/Posll' ,;(,T D.I. 1. /:3,L/C {;.JIE~-I2..-1 ..--.-.------.------.- - ~--~---_.~ - - .--" ~.-~---- 2, -----~---------~..._---'_._--------------_.-- 3, _____.~.___-.__._-_..__----------------'_-i.-~~- -'-'---"'- 4, ______---..-----4----------------- ---------~.- .-.~ I Aclion Fila -----'----- Nolo ancl Rowrn Appro~__. _~~~__., ,,- Pe' Conversalion As Roqllosted F ' -,- -- _ ,...,--"_~_. ' or Cor~, ' p,opa,o Hoply C.~l}la\.e , For YOllr 1"lo,mal:' -------.---~-. _____-~..-._- .._ on See Me Con:~~.__.--,. _ Invostigato - - --- _ _ _ Slg~i;;;;;-'- _, Coordination JlIstlly'-------' "r"---' -----..--- REMARKS..---'--- --------- -~-- 5, --' (1IA- ~ () t/ 0- ;1-7 ffi fL c,':< oA {, J r- N"'; 1.-1 (J Il ~ J,/J?1'1;[ · 77frc:- If nrf tt.fM11l J// I j tf1 /t312-t1 D~ tJ /jJ?,..J 1-,j C1Jo< It ",1 //- c- "" ~ y.., ,,1/ '" ~. ;/>-1 Oy ft.f7T"J, ( C 1"'''- -<< fi. rf t;f<L , ao NOT use thIS larm as a RECORD 01 clearnnces. (lnd i FRor;;ymbOi, A 5041.,02' ..---.--..- GPO : 1990 0 .. 276-978 concummces disposals. Room No-,Bldg \--- \ PhOne NO..-.....' --..----- DPTlONAL FORMilll~'" 1.16>' ,ruclllllltllyUA fPMR(41 CfRll0l,l1,201 \JS Af:FAlnS LVANIA 5002 9 October 1998 Road, Carlisle, PA 17013 1 value of your retirement if you lyment on 3 August 1997 , jraw your retirement I eligible for deferred annuity no Imediate annuity based on age), 00 per month, It retirement \, the entitlement to a deferred llount shown above is retirement are chosen at time of application , The Spouse's amount would be t 717-861-8598, -7 pAGE 1 OF 2 DATE: 10 - 09- 1 99 e CSRS EMPLOYEE DATA E~IPLOYEE NAME: DATE OF BIRTH: SERVICE COMPUTATION DATE: DATE OF SEPARP.TION: DATE OF RETIREMENT: EMPLOYEE'S AGE AT RETIREMENT: HIGH-3 AVERJIGE SALARY: ERIC G. WELLER 10/01/1956 10/13/1981 08/03/1997 10/01/2018 62 YEARS 0 MONTHS $ 44,304 =c====;==~=============~~=~====n=========~=~============r-===============~;== CSRS SERVICE CREDIT: 15 YEARS 9 MONTHS 21 DAYS TOTAL CREDIT: 15 YEARS 9 MONTHS 21 DAYS ~~ ~~ ===============================================;====~=====~===============~== "ESTIMATED" DEFERRED RETIREMENT BENEFITS ESTIMATED NET ANNUITY: ANNUALLY MONTHLY ~____.._w_.. --..------ $ 12,288.00 $ 1,024,00 960.00 80,00 ---------- ---.._---- $ 11,328.00 $ 944.00 ========== =====::!=== $ 6,756.00 $ 563.00 DEFERRED BASIC ANNUITY: COST OF SURVIVOR BENEFITS: , FULL SURVIVING SPOUSE'S ANNUITY: NAME: ERIC G. WELL.ER DATE: 10-09-1998 I' ~ I, , I AVERAGE SALARY FOR THE PERIOD 08/04/1994 TO 08/03/1997 I; *****************************+************************** * HIGH-3 AVERAGE SALARY AS OF 08/03/1997 IS $ 44,304 * ******************************************************** SALARY SALARY ANNUAL START DATE END DATE SALARY FACTOR TOTAL SALARY ---..---------- ------------ ---------- ..------- ------------ 08/04/1994 01/07/1995 40,440.00 0,427778 $ 17,299 01/08/1995 01/06/1996 41,506.00 0.997222 41,391 ,01/07/1996 12/07/1996 43,711.00 0.919444 40,190 12/08/1996 08/03/1997 51,915.00 0.655556 34,033 ------- $ 132,913 ======= Explanation of Abbreviations: FER~-rederal Elf/playees' Retirement System Types of Deductions: None - . Service perfomled b~fore October I. 1982 - Retirement deductions were not taken from your salary during thL~ period, If the service is creditable under CSRS, you will receive retirement credit for all of this serv, ice whether you pay the deposit or not, However. if YO\.~ do not p?~'.the full de?o~it pluzjnterc::ltl your annuity will be permanently reduced by 10% of tlle amount of the unpaid deposit owed at retirement. Also, any annulty due your sw,'iving spouse wlU be reduced proportionately, if the service is creditable under FERS, you will not receive credit for the selV' ice unless you pay the full deposit plus interest. . Service performed on or after Octob~'T I, 1982- Whether the service is creditable under C'.5RS or FERS, you must pay the full deposit plus interest in order to receive credit for the service. 11 the deposit is not paid, any annuity payable to you or your sur' viving spouse could be reduced significantly, Under FERS, a deposit cannot be made for nondeduction .. service performed on or after Ja.nuary 1. 1989, except by a CSRS transferee eligible to have a portion of his or her annulty computed under CSRS rules, Such an employee may make a deposit for service included in the CSRS portion of the annuity. FERS - Your service was covered by FERS, The deduc, lions shown do not include the interest which is accumulating to your cledil. FERS interest accumulates until the deductions are withdrawn or paid in the form of annuity. CSRS Offset - Your service was covered by social security taxes and reduced CSRS deductions, Full CSRS - Your service was covered by CSRS only, Refunded - You received a refund of your retirement deductions for the period of service indicated, CSRS - Civil Service Retirement System . R~illnds for CSRS serl'ice thai ended before October I. 1990 -If tlle refunded service period shown on the front of thL< form ended before October 1, 1990, and you do not pay a redeposit for that period of service, you will still receive credit for that period, but your annuity will be permanently reduced by an actuarial calculation that Is based on your age at retirement and the nIT.ounl of n,def'llslt and interc"t you owe at retircmr.nl. At the time you retire, if you have not paid the redeposit, you will be offered a choice of paying the redeposit or accepting the actuarial reduction in your annuity, Exception: If you retire on disability or your annuity commences before December 2, 1990, you will not get credit for the serv' ice unless you pay the redeposit, ' . Refunds for CSRS scrvice tllat ended on or after Octobcr 1, 1990 - If the refunded service period shown on the front of this form ended on or after October 1. 19JO, you will not receive credit for that period of service unless you pay the full redeposit for that period. . FERS refunds - You cannot make a deposit to restore credit for service which you received a refund of FERS deductions, You will not receive credit for iliat service, However, a FERS employee can make a deposit for certain refunded CSRS serv' ice. If a portion of your FERS annuity will be computed under CSRS rules, you may redeposit any CSRS deductions that w~re refunded to you, You may also make a deposit for refunded CSRS deduc- lions ever. if y"ar ,.nr,.~ity .....i!l be determined entirely under FERS rules, but only if you applied for that CSRS refund before you became covered by FER$, Paid - You paid a deposit or redeposit for this service, Retirement Operations Center Name: tt\!(; G WELLER DET AIL OF ACCOUNT AC Activity Payroll Code Office MONTH-END BALANCE 97380600 97380(';00 97380600 D D D E ~DNTH-ENO 8ALANCE o o E MONTH'END BALANCE 97380600 973B0600 o o E MONTH-END 8ALANCE 97380600 97380600 97380600 97380600 D D E MDNTH-ENO BALANCE 97380600 97380600 o o E MONTH-END 8ALANCE 97380600 97380600 97380600 D D o E MDNTH-ENO BALANCE Pay Date APRIL 1997 05/02/97 OS/16/97 OS/30/,,7 MAY 1997 06/13/97 06/27/97 JUNE 1997 07/11/97 07/25/97 JULY 1997 08/08/97 08/22/97 AUGL'$T 1997 09/05/97 09/19/97 SEPTEM8ER 1997 10/03/97 10/17/97 10/31/97 OCTOBER 1997 /ITY TSP-8-E Sac/ill Security Number: 184 -. 48 ~ 227 4 For Iho peflod 0510 1," I through 1013119" Date of Birth: 10/01/56 Process Date o Fund F Fund 0,00 C Fund 2,201,87 Total 2,724,27 5:12,40 05/0'/97 OS/15/97 OS/29/97 0,00 0,00 0,00 3,03 525.43 0,00 0,00 0,00 0,00 0,00 75,00 75,00 75.00 140,37 2,567,24 75,00 75,00 117,6S 2,834,89 75,00 75,00 231,02 3,215,91 75,00 75,00 75,00 143,40 3,092,67 75,00 75,00 120,60 3,363.27 75,00 75,00 234 ,03 3,747,30 06/12/97 06/26/97 0,00 0,00 2,95 528,38 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 75,00 75,00 184,02- 3,181.89 75,00 75,00 /__~ ta.L2...t- ( 3,716,09 --- 75,00 75,00 180,6~ (4.046,7:0 75,00 75,00 30,73 118,83- 4,108,67 07/10/97 07/28/97 0,00 0,00 3,01 531. 39 75,00 75,0(; 177,80 3,509,69 75',00 75,00 30,73 121.72- 3,568,70 ~ D Doposit S In-servlco withdrawal C Earnings correC!lon (.> Court-olderod payment E EMnlngs T Imorfund Hamfor Y Earnings corr9Cl1on Irans/or W. Post-omploymen! wlthdri'IWlI L LOIn R . Restofud IImOUn!s V Roversal 01 aarning5 corroctlon M Minimum dltllfibulion p Monthly loan oaymont sllmrnary A . Adjus!mfHIl B Dociared ~b"ndoned N Relunded excess d'lferlal 08/08/97 08/22/97 0,00 0,00 2,81 534,20 0,00 0,00 0,00 0,00 Monthly e.rnings are clllclllatod by multiplying Ihe roto 01 10luln for the month shown by tho sum 01 YOllr prior monUl'ond balancll and ono-hall of lhe 101/11 01 doposlts and loan ropaymonls juring tho monlh shown. Earnings IIfO creditod at thn end of lhl! monlh S~lOwn, AcI)t19tmants, urnings CO((8Cllonl. lorlellures, 10llns, rostorer! /llnoun!s, and wllhdrawals afflict YOuf account lor lho calcul<'llion of elHmngs at tho Cllld of the month shown. Intorluncf Hllnslors 11110 alhull your accounl "I lho and 01 lho month shown. Pay date is the dill 0 ropolled hy your p.lyroll offico lor depOSits. Process date Is lhe dan dopos!1r. IInd loan paymenU worn procossod '0 youl llr.count by lho TSP rocord koopor. 09/04/97 09/19/97 0,00 0,00 2,88 537,08 0,00 0,00 0,00 0,00 10/02/97 10/20/97 10/30/97 0,00 0,00 0,00 2,89 539,97 0,00 0,00 0,00 0,00 0,00 Activity Codes FOAM Tsp-a.e Hle'lised 11/971 .. Plusa del~!l~erl Account Holdel News You may tell us not to share cflrlain credit informaUon (other lhan transaction/experience IrlormatlonJ about you and any 01 your Additional Cardmembars with our affiliates and Subsidiaries, To do so or to learn more, call 880-333- 7966, --- MR ERIC G WELLER AQc:ow1I- 3737-1 14597-91001 """ 1 ~ 2 Amex Reference No, I Dale 01 I Dale of I Transaclion Pas ling '1'07/28 '07/28 08/11 08/11 I I I I I Transactlon Descnptlon IPAYMENT R~CEIVED - THANK YOU IEXTENDED PAYMENT OF AMERICAN GOLD CARD CHARGES 07/28 EXPRESS I Charges I Credits 58.43 835209-0 831223-0 662.48 ACCOUNT TOTAL 662.48 58.43 YOUR CASH ADVANCE AVAILABLE 8ALANCE TRANSACT ION IS LIMIT IS $4000 FOR NEW CASH ADVANCE $3331, ACCOUNT GRACE PEIUOD-STANDARO GRACE (SEE STATEMENT BACK FDR DETAILS), TRANSFER BALANCES FROM HIGH RArE CREDIT CARDS AND TAKE ADVANTAGE OF YOUR OPTIMA ACCOUNT'S LOW INTEREST RATE. Accounl Previolls + New ' Payment . Credits .1INoUICI +Debrt -New IwMwy Balance Gharges - AdjlJstrnents Balance 59.52 662,48 58.43 .00 5.87 .00 669.44 IBm ClOSing i Paymenl I Credit Available Amount Over Past Due Minimum Date I Due Dale Limit Credil Credit Limit Amount Payment Due I ! .00 15.00 I OB/24/97 09/18/97 4,000 3.331 0 FInance Number 01 Davs x Dally I x Average .1INoUICI CLIVIIIT -.IlL 11hrri ClIaIge this Billing i'Ilrlod Periodic Rate Daily Balance QWIQII PIRCIIltllIlIMlI 'ttlu PURCHASES 3', .0616% 307.24 5,87 22,490% CASH ADVANCES 31 .0616% .00 .00 22,490% For 'aSlin/ormation about your available credit. current balanC$, or payment Jr ,I 'Iou have IUrlher questions aboul your Optima'Lina of Credit. call 800.635.5955 (24 hours! 7 days), For billing inquirieS, write The Optima' Account. PO 80x 297884, Fe Laudflrdala, FL 33329.7884. (NY reSidents may conlacl Tne NY StatB Ban~ing Dept. to obtain comparative lis lings 0' credit card rales, toos and grace perlods_ NY Stale 8an~lng Depl. 800.51B.8866,) Optima' u of c-.. I To aVOId IIliljtloo~Fil\iIl'IU Charn4. p.a'1 Ntw lliymenl' Ill' c"'~ff:eNtdafl8r ~IOJln4 dAti I PI..st ~"f1'I.ne lidll4f impllrtafllln'ormUOl\ nt .--..qn SalAnu IIIIQl/e t:clOl'e I'il'imenl 011. DAle. oIbo", WIII'II9M' IlI1 ,IU! moolh" 1I."ment o.~, LOn-/ ~ptW:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY K. WELLER, Plaintiff V. NO. 98-935 CIVIL TERM ~IVIL ACTION - LAW IN DIVORCE ERIC WELLER, Defendant 'J THIS AGREEMENT made this tt!-tlay of ~ , 1925, by and between TRACY K. WELLER ("WIFE") of 35 Brian Drive, Carlisle, PA 17013 and ERIC G. WELLER ( "HUSBAND" ) of 540 Petersburg, Road, Carlisle, PA 17013. WIT N ESE T H : WHE~S, the parties hereto are HUSBAND and WIFE, having been married on November 22, 1980 in Boiling Springs, PA and separated on August 2, 1997. WHE~S, There were two (2)children born of this marriage: ERIN L. WELLER born September 23, 1982 and RYAN P. WELLER born Au<;rllst 3, 1987 ("the children"). DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (71'1) 737.010 FAX: 17171975.0697 Page 1 of 37 I I J I ( I t , \i '; DIANE G. RADCLIFF 3448 TRINDI.E ROAD CAMP Hll.L, PA 17011 PHONE: 17171 737-010 FAX: 171719'15.0697 WHEREAS, diverse and unhappy differences, disputes and difficulties have aris8n between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the~parties her~to are desirous of settling fully and finally their respective financial and property rights and obligations as beh/een each other including, wi.thout limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the s~ttling of all matters between them relating to the past, present and future support, alimony and/or maintenance of ~lIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby I covenant and agree as follows: 1 . INCORPORATION OF PREAMBLE: The recitals set forth in the Preamble of this Agreement are incorporated hereirl and made a part hereof as if fully set- forth in the body of the Agreement. 2. AGREEMENT NO'1' A-BAR '1'0 DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Page 2 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, Pi>. 17011 PHONE: 17171737.010 FAX, ('1171 975.0897 Agreement is not intended to condone and shall not be deemed to be condonation on the part of either p&rty hereto of any act or acts on the part of the other party which have occasioned the disputes or uQl1appy differences which have . . occurred or may occur subsequent to the date hereof. 3. DIVORCE DECREE: The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce ~ecree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the provisions of the Divorce Code if said documents can not be signed upon the execlltion of this Agreement, the parties shall execute and file all documents and papers/ including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option 1:.0 terminate this Agreement in which event all rights and obligations provided for herein shall become null and void and the parties shall be returned to the same legal and financiar positions that they were in immediately prior to the execution of this Agreement, the parties being required to execute any and all documents necessary to effectuate the same. 4. EFFEC'1' OF DIVORCE DECREE: Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such Page 3 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE, 17171737.010 FAX: 1717) 975.0897 time as a final Decree in Divorce may be entered with respect to the parties. S. AGREEMENT '1'0 BE INCORPORATED IN DIVORCE DECREE..;. The terms of this Agreem~t shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER :. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and Bach pa~ty shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as ctherwi~e provided by law or statute, 7 . DATE OF EXECUTION: The "date of execution" / "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. S . ~SD.IBUTION DATE: The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9 . ADVICE OS' COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel/DIANE G. RADCLIFF, ESQUIRE for HUSBAND, and JOHNNA ,T. DEILY, ESQUIRE, for WIFE. The parties acknowledgB that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have Page 4 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHDNE: 1717) 737.010 FAX, 17171975.0697 " been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily affer having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. FINANCIAL DISCLOSURE: 'J The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' m~rital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further acknowledge that the financial disclosure has included the disclosure of the marital assets and debts set forth on the "Marital Distribution Sheet", attached hereto, marked Exhibi t "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein. 11 . DISCLOSURE AND lfJ\IVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or o\vned as of the date of separation, and that each party has the right to have all such property valued by means Page 5 of 37 ,f ,pp"i"" ",'h"wi'" B"h p",i" U,d."",d ,h'C ,h" h'" ,h' ,,,he " h'" , cO"" hOld ""'Og' "d .", d,d,i,M " ,h' .,,,,,, "",,,d b' ,hi' W,".eo" B'ch p,,,i" "d",'Md ,h" , "u" d"i,i'" ",,,,,i09 ,M p,,'i'" ",p,,'i" "gh" "d ,bli9""" .igh' b' diff"'"' from the proVisions of this ~greement. ,,,h p"" h",b' ",ooW1,d9" ,h" ,hi' ",,'.'" i' f,i' "d ,qui,'b1', ,h" i' ,d,qu",iY p,,'id" f" hi' " h" M,d' "d i' io hi' ,,, h" b'" i"""" , "d ch" ,M ,g",.e" i' ,0' 'h' ",ul' ,f ,'V f,'Ud, dU"'" " ",du' i,flue'" ",,,i,,d b' ,i'h" p"" upo' CO' "h" " b' ,,' other person or persons upon either partY' Gi'" "id u,d"""di'9 "d ",,0' ,ed,."" bo,h p",i" h",bY "i" ,h' fol10,i'9 ?""dU'" ,igh'" " TM ,iq" " ob"i' " i""'''Y "d ,pp"i".'" of ,11 .a,i'" "d "p"'" p,oP"" " d,fl,ed bY ,he pennsylVania Divorce Code. b, Th' ,igh' to ob"i' '0 i"o.' ,od e'P'o" "",.e,' of ,h' "he' p",y " p",ided bY ,h' "",yl",i' Oi'O'" cod', ,,"P' io iM""" wOO" ,",h " 1O".e "d e""" "",.eo' i' h""f,e, "qui,ed '0 be fil,d i' ,,' ,hild ,"pp"' , "do' 0' "Y och" "o"edi";" pursuant to an order of court. " The ,igh' '0 h,Ue ,,' di"O'"'Y " m'j be pe,.i"ed b' the RUl" ,f Ciuil ,,,,edU", "'"P' di,ooV"Y "i,i,q ,,, of , b""h of ch" ",,,m'", 00' of ,nY ,hild ,"ppot' "doe, ot '"' ,f ,,' oth" ,,,,,,di'9' i' yhieh di'oo,"Y i' ,pe'ifi,,'1' "de"d bY ,he ,ou", OlANE G. RADCliff 3448 iRINDlE ROAD CAMP HIl.l, PA 1701 I PHONE: \7\1\737.010 fAX: \717\ 975.0697 page 6 of 31 DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717)737.010 FAX, 17171975.0697 d. The right to have the court determine which property is marital and wh.i.ch is non-marital, and equitably distribute between the parties that property which the court determines to be ma~ita1. e. The right to have the court decide any other rights / remedies, privileges, or obl.i.gations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary a1i;nony), counsel fees, costs and expenses. 12. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right and option to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties I mari tal assets and all other rights determined by this Agreement shall be s:Jbject to court determJ.nation the same as if this Agreement had never been entered into. 13. SOCIAL SECURITY BENEFITS: The parties agree chat subject to the rules and regulations of the Soci.al SecurIty Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she wOllld ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or Page 7 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE'17171737.010 FAX, 1717) 975.0697 more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 14. INCOME TAX MATTERS: With respect to incom~,. tax matters the parties acknowledge that they have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and ,j against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint retllrns. 15. ~ERSONAL RIGHTS: HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct;- carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. flUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. page 8 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737-010 ~AX: 171'1) 976.0697 16. MUTUAL RET.1U.A1I:S: HUSBAND and WIFE each do hereby mutually remIse, re1ease, quitclaim and forever discharge the other and the estate of such other, for all time to come/ and for all purposes ",f. whatsoever, of and from any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at ,j any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey/ or claims .in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right t.o take against the spouse's wi 11; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse 1 s estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth or Territory of the United States/ or (c) any other country; o~ any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of Page 9 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737.010 FAX, (7111975.0697 whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general 'fIf, release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any ., provisions thereof. 17. WAIVER OR MODIFICATION TO j3E IN WRITING: No modification or ;Jaiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERATION: Each party shall / at any time and from time to time hereafter, take any and all steps and execute, ackno;Jledqe and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to th~ provisions of this Agreement. 19. AGREEMENT BINDING ON HEIRS :. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 10 of 37 DIANE O. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737-010 FAX, (717) 975.0697 20. INTEGRATION: This Agreement constitutes the entire understandJ.ng of the parties and supersedes any and all prior agr.eements and negotiations behieen them, There are no representations or Oiif. warranties other than those expressly set forth herein. 21. ~UQCUMENTA'1'ION: WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, .j assignments, releases, satisfactions, deeds, notes, stock certIficates, or such other writ.ings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree/ <Jhould be so executed in order to carry out fully and effectively the terms of this Agreement. 22 . NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall t.he waiver of any subsequen t- default of the saine or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 23. BREACH:, If for any J:'eason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other Page 1.1 of 37 DIANE G, RADCLIFF 3446 TRINDLE ROAD CAMP HILL, PA 17011 PHONE, 17171 737-010 FAX: 17171 975.0897 party and/or otherwise breaches the terms of this Agreement, then the other party shall h<i\ve the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would "'i(, have an inconsistent result or would result in a windfall of the other party: a. The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney I s fees and 'J costs incurred as the result of said breach and in bringing the action for specific performance. b. The right to damages arising out of breach of the terms of this Agreement, ',.,hich damages shall include reimbursement of all attorney I s fees and costs incurred as the result of the breach and in bringing the damage action. c. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendmellt of said statute or replacement thereof by any other similar laws~ d. Any other remedies provided for in law or in equity. 24. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 25. SEVERABILITY: If any term/ condition, clause or provision of this Agreement shall be determined or declared to be void or Page 12 of 37 DIANE G. AADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHDNE: 17171737.010 FAX: 17171975.0697 invalid. in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the "iif. failure of either party to meet his or her obligations under thi.s Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. , 26. FINAL EOUITABLE DISTRIBUTION OF PROPERTY: The parties agree that the divisi.on of all property and debts set forth in this Agreement is equitable and in the event an acti.on in divorce has been or is hereafter commenced, both part.ies waive and relinquish the right to divide and distribute their assets and debts in any manner not consi.stent with the terms set forth ~erein and fllrther waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equi table property division. 27. WAIVER OF INHERI'1'ANCL Each of the part.ies hereto does specifically waive, release, renounce and forever abandon any right, ti tle, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. Page 13 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE,1'/171737.010 FAX, 17171975.0097 28. PERSONAL PROPERTYt HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, to the following: jewelry, clothes, ~f. furniture, furniShings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter WIFE agrees that. all of the Personal Property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; .J and HUSBAND agrees that all of the Personal Property in the possession of WIFE shall be the sole and separate property of WIFE. The part.ies do hereby specifically waive, release, renounce and foreVer abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 29. ~"ACOUIRED PROPERTY: Each of the parties shall hereafter own and enj oy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since August 2, 19.97, the date of the parties' marital separation, with full power in him or her to"' dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases / renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. Page 14 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE; 17171737.010 FAX, 17171975.06&1 .~. 30. DIVISION OF VEHICLES. BOATS AND THE LIKE: With respect t.o the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, if the Vehicles have been sold ~.. or traded in prior to the date of this Agreement identified and values on Exhibit "A", incorporated by reference hereto, ("the Vehicles") , the parties agree as follows: a. 1997 Geo Prism shall be the sole and separate property of WIFE. '. b. 1992 Chevrolet Pick Up Truck shall be the sole and separate property of HUSBAND. c. Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in vallle thereof if it had been sold or traded in prior to the date of this Agreement. d. The ti tles to the Vehicles shall be executed by the parti.es, if appropriate, for effectl.Jating transfer as herein provided on the date of execution of this Agreement and said executed ti&les shall be delivered to the proper party on the distribution date. e. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to th~ Vehicle is unavailable due to financing arrangements or otherwise. f. In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and Page 15 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONF., 17171 737.010 FAX: (7171 975.U897 said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. It is further agreed that within fifteen (15) days of her receipt of the monetary payment set forth in Paragraph 34 ~~. herein WIFE shall payoff, or refinance into her sole name, so as to release HUSBAND from further liability thereunder, the Member's 1" joint loan incurred for the purchase of the Vehicle that WIFE is to receive pursuant to this paragraph, .j g. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 31. DISTRIBUTION OF REAL ESTATE KNOWN AS 540 ~ERSBURG ROAD: The parties are the owners of a certain tract of improved real estate known and numbered as 540 Petersburg Road, Carlisle, PA 17013 ("the Marital HomeN) having an approximate value of $225,000.00 and encumbered with a mortgage owed to Northwest Mortgage having an approximate balance of $148/408.54 ("the Marital Home MortgageN). With respect to the Marital Home and the Marital Home Mortgage the partie~ agree as follows: a. WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all of her right, title and interest in and to the Marital Home, and WIFE agrees that she specifically waives, releases, renounces and forever abandons all her Page 16 of 37 right, title and interest. therein. The deed of oonveyance for the Marital Home shall be executed by WIFE upon the execution of this Agreement and held in escrow by WIFE'S attorney's pending the refinance or sale as set o(,f, forth in subparagraphs c. or d. below and payment of the sum of $52,000.00 set forth in Paragraph 34 herein, at which time the deed shall be delivered to HUSBAND for recordation. b. The conveyance of the Marital Home shall be subject to ,j all liens and encumbrances of record including, but not limited t.o, the lien of the Marital Home Mortgage and further shall be under and subject to any covenants and restrictions ()f r.ecord. HUSBAND shall hereafter be solely responsible for the payment of the Marital Home Mortgage and shall indemnify, protect and save WIFE harmless therefrom. c. HUSBAND shall refinance the Marita.l Home Mortgage within ninety (90) days of the date of this Agreement so as to release WI FE from further liabi li ty the):eunder. The refinancing amount shall include an amount sufficient to pay the Marital Home Mortgage in full and to pay the $52,000.00 monetar'y payment due WIFE pursuant to tha terms of paragraph 34 herein. The costs of refinancing shall be paid by HUSBAND. d. In the event HUSBAND is unable to secure the refinancing and release, then the Marital Home shall be listed for sale with a mutually agreeable real estate broker and marketed and sold at the best price obtainable, the DIANE Q, RADel.lfF 3448 TRINDLE ROAD CAMP HILI., PA 17011 PHONE: (717)737.010 FAX' (717)975.0697 Page 17 of 37 parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. At settlement on the sale of the Marital i. I, I, ' , } I, j ~ ~ Home the net proceeds der~ed after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbr.ances, shall be paid as follows: (1) The first $52,000.00 shall be paid to WIFE as her sole and separate property and in satisfaction of the ~onetary pa~nent due her as set forth in Par'agraph 34 herein; (2) The remaining balance shall be paid to HUSBAND as his sole and separate property. If the amount of proceeds are insufficient to pay WIFE the $52,000.00 aforesaid then WIFE will be paid the difference between $52/000.00 minus the amount of proceeds actually received by her which payment shall be made by way of a tax free rollover of retirement benefits from HUSBAND/s TSP account pursuant to a Qualified Domestic Relations Order to be entered in the this divorce action upon determination of the amount to be transferred from the TSP account. Further in the event of sale, both parties shall be responsible for the timely and prompt prorata reporting and payment (based on the percentage of proceeds received)of any and all taxes, including capital gains taxes or the equivalent, and shall report his or her pro!'ata share on his or her applicable income tax returns. DIANE G, RADCLIFF 3448 TRINDl.E ROAD GAMP HILL" PA 17011 PHONE: 17171737.010 FAX: 17171 975.0897 Page 18 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737.010 FAX, 17171975.0897 32 . EACH PARTY RETAINS 9WN RETIREMENT AND PENSION PLANS: Except as set forth in Paragraph 31 herein, which except.ion applies only in the event of sale of the Marital Home and the insufficiency of the proceeds to pay WIFE the sum of $52,000.00/ each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Reti~ement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock ~lan, Tax Deferred Savings Plan, any employee benefit pl~n and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 33. DIVISION OF BANK ACCOUNTSLsTOCK/LIFE INSURANCE: The parties acknowledge and agree that they hav~ previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, identified and valued on Exhibit "A"/ incorporated by reference hereto, ("the Accounts"). Hereafter WIFE agrees that all the Accounts held in the name of HUSBAND shall become Page 19 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE, (7171737.010 FAX, 1717) 975.0697 the sole and separate property of HUSBAND; and HUSBAND agrees that all the Accounts h~ld in the name of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, relea~, renouncE' and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 34. MONETARY PAYMENT: In consideration of. the division of the marital assets and debts herein provided, HUSBAND shall pay WIFE the sum of $52,000.00. Said payment shall be made within ninety (90) days of the date of this Agreement. Upon said payment and the refinance of the Marital Home Mortgage set forth in Paragraph 31 herein, WIFE'S attorney shall release the deed of conveyance for the Marital Home to HUSBAND for recordation as required in Paragraph 31 herein. In the event HUSBAND is unable to secure the refinancing necessary to pay the $52,000.00 aforesaid then the proviSions of Paragraph 31 d. shall apply and govern the payment of the $52,000.00 aforesaid. 35. DISPOSITION OF REAL ESTATE KNOWN AS 100 WALNUT STREET: The parties are the O\'iners of a certain tract of improvea real estate known and numbered as 100 Walnut. Street, Boiling Springs, PA 17007 which is currently used as an investment rental property ("the Rental PropertyH) which Rental property is not encumbered by any mortgage or other lien of record. With respect to the Rental Property the parties agree as follows: Page 20 of 37 DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737.010 FAX, 17171975.0697 a. The Rental Property shall be listed for sale with a mutually agreeable real estate broker within two weeks of the date of this Agreement. The parties shall thereafter market and sell the Rent~l Property at the best price obtainable, the parties further agTeeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. b. Upon the sale and settlement of the Rental Property, the net proceeds derived.( after' payment of any and all normal and reasonable settlement costs, shall be deposited into a trust account or accounts to be established for the benefit of the parties' children to fund their post secondary educational costs and expenses pursuant to a Trust Agreement being executed by the parties concurrently herewith. The taxes associated with any gain derived by the trust shall be reported to the children under their social security numbers but shall be paid from the trust account funds as those taxes are incurred. c. Pending the sale and settlement, HUSBAND shall manage the Rental Property and shall collect and receive all rents and deposit the same into the aforesaid trust account an~ payout all expenses on the Rental property from that trust account. HUSBAND shall keep accurate books of the rents the trust receives and the expenses the trust. incurs and pays and shall provide WIFE with copies thereof upon her request but in any event he shall Page 21 of 37 OIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HII.L, PA 11011 PHONE, (7171 737.010 FAX, (717) 975.0697 provide WIFE with copies of his accounting records upon the date of sale of the Rental Property. d. Each party shall be responsible for the timely and prompt reporting of 50% of the gaj,n derived from the sale of the . . Real Estate, if applicable, on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including, but not limited to, capital gains taxes or the equivalent, and shall indemnify, therefrom. protect and hold the other party harmless .J The foregoing notwithstanding, it is understood and agreed that all capital gains taxes shall be paid from the children's trust account pursuant to the terms of the trust agreement being executed concurrently herewith. 36 . WIFE I S ..Mll.'Ml. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsib~e. WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement for which HUSBAND or his estate might be responsible. WIFE shall indemnify and sav~ HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 37. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since the . . f I f I ~ parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate m1ght be Page 22 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737.010 FAX, 17171 975.0697 responsible. HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement for which WIFE or her estate might be responsible. harmless from any and HUSBAND shall indemnify and save WIFE "if. all claims or demands made against her by reason of debts or obligations incurred by him. 38 . MARITAL DEBT...:.. During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a .J variety of debts, identified and valued on Exhibit "A", incorporated by reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what pllrpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: a. WIFE shall be solely responsible for the following bills and debts: 1. The outstanding balance, if any, on the parties' children' s orthodontut'e bill; 2. The Montgomery Wards joint charge account having an approximate separation date balance of $2,312.00, which she shall pay in full or transfer the balance into her sole name so as to release HUSBAND frorTr' further liability therefor within fifteen (1~) days of her receipt of the $52,000.00 monetary payment set forth in Paragraph 34 herein; 3. Any vehicle loan for WIFE'S Vehicles as required and set forth in Paragraph 30 herein, which shall be refinanced into her sole name or paid off within Page 23 of 37 DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 1'1011 PHONE: (717)737.010 FAX, 1717) 975.0897 fifteen (15) days of her receipt of the $52,000.00 monetary payment set forth in Paragraph 34 herein. 4. Any and all taxes resulting from t.he sale of the Marl tal Home and Re<~tal Property as required and set forth and described in Paragr'aphs 31 and 35 herein; 5. Any and all taxes resulting from her withdrawal of any funds from her Retirement Plans set forth in Paragraph 32 herein; .J 6. Any and all other debts, liabilities, obligations, loans, credit card accounts/ and the like incurred in WIFE'S sole name, and not otherwise provided for herein. b. HUSBAND shall be solely responsible for the following bills and debts: 1. The Wycovia Visa account having an approximate separation date balance of $7,152.22; 2. The Boscov's charge account having an approximate separation date balance of $2,752.80; 3. ~.merican Express account having an approximate separation date balance of $669.44; 4. 'rhe Arkansas federal Credit Union joint aCCOllne having an approximate separation date balance of $// which shall be paid in full within ninety (90) days of the date of this Agreement, or alternatively WIFE shall be removed from said account within the ninety (90) day period so as to release her from further liability therefor. Page 24 of 37 DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737.010 FAX: (71'1) 975.0697 5. The miscellaneous bills listed as item 30. a-j of the Marital Distribution Sheet attached hereto as Exhibi t "A" and made a part hereof, having a combined approximate separation date balance of <<<,f. $2,115.50; 6. The Mari tal Home Mortgage and the costs of the refinance of the Marital Home Mortgage as required and set forth in Paragraph 31 herein; 7. Any and Marital all taxes resul ting from the sale of the ., Home and the Investment Property as required and set fort~ and described in Paragraphs 31 and 35 herein; 8. Any and all taxes resulting from his withdrawal of any funds from his Retirement Plans set forth in Paragraph 32 herein; 9. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the ~ike incurred in HUSBAND'S sole name and not otherwise provided for herein. c. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not th~ responsibility of the other party. d. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Page 25 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE'17171737.010 FAX, (7171975.0697 e. Any liability not di~closed in this Agreement ~hall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall~pay it as it becomes due and payable. f. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing .J any remaining accounts which provide for joint liability. ~. In the event a party is assuming a liability for which the parties are jointly lia.ble, that party shall refinance the same within sixty days of the date of this Agreement so as to release the other party from any and all liability thereuncter. 39 . INDEMNIFICATION: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney/s fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing th~ provisions of this indemnification. 40. NAIVER OF ALIMONY. SPOUSAL SUfPORT AND COSTS~ The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support/ maintenance, counsel fees, costs and expenses. Page 26 of 37 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE'17171737.010 FAX: 1717} 975.0697 41. CUSTODY: With respect to the legal and physical custody of the parties children, the parties agree as follows: a. The parties shall share and have joint legal custody of ~.. the children, Erin L. Weller born September 23, 1982 and Ryan P. Weller born August 3/ 1987. Each party shall be entitled to participate, jointly with the other party, in all major non-emergency decisions affecting the children/s health, education, religion and general well ,j bei.ng. Pursuant to the foregoing the following shall apply: 1. Each party shall be entitled to access to any and all information, documentation, papers/ persons and entities regarding the children so that informed decisions can be made. 2. Nap-major decisions involving the children's day to day living shall be made by the party then having custody, but to the extent possible, the parties shall attempt to make such rules and follow such schedules as would provide the children with continuity, regardless of the party with whom they are then residing. 3. Emergency decisions regarding the children shall be made by the party then having physical custody, but that party shall communicate to the other party the natUre and extent of the emergency and shall . provide that other party with all information pertaining to the treatment so that the other party Page 27 of 37 may be involved in the decision making process at the earliest possible time. 4. Upon receipt by a party, copies of the children/s school schedules, ~ecj.al events notifications, report cards and the like shall be provided to the other party. Each party shall share with the other party any other information and documentation, or copies thereof, that each party possesses regarding the children within such reasonable time as to make 'J the records and information of reasonable use to the other party. 5, Each party shall provide the other party with at least 48 hours advance notice of school or other activities whenever possible. 6. Neither party shall make any derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parti.es from making any such comments in the presence of the children. Further / neither party shall discuss any aspect of the custodial situation with the children and shall not utilize the children for purposes of conveying information o. inquiries pertaining to the children to the other party. 7. Each party shall notify the other party of any medical, dental, optical and psychological appointments and/or treatment for the children DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171 737-010 FAX, (717) 975.069'1 Page 28 of 37 sufficiently in advance thereof so that the other party can attend. 8. Both parties shall be afforded reasonable telephone contact with the ~~ildren while in the other , . party's custody, b. WIFE shall have primar.y physical custody of the children, subject to HUSBAND'S liberal and reason<'J.ble rights of partial. physical custody at such times as the parties shall mutually agre~. c. WIFE shall not remove the children from the Carlisle area (within a thirty mile radius of Carlisle, Pennsylvania) without first providing HUSBAND with ninety (90) days advance notice of her intent to move. The ninety (90) day period i.s intended to provide the parties with an opportuni ty to negotia te a reasonable cus tody schedule between them or in the alternative to litigate the matter before the court. In the event a petition for change in the custodial arrangements is filed by HUSBAND within the ninety day period, WIFE shall not be permitted to remove the children from the Carlisle area until such time as the court specifically authorizes the move after having provided HUSBAND proper advance notice and opportunity tcr be heard on the issue. 42. CHILD SUPPORT: The parties acknowledge that they have orally agreed to a child support amount separate and apart from this agreement and therefore no provision for child support is being included in this agreement. DIANE G. RADCLIFF 3448 TRINDL~ ROAD CAMP HILL, PA 17011 PHONE: 17171 737.010 FAX, 17171975.0697 Page 29 of 37 I , I , . : DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.010 FAX, (717) 975.0697 43. EDUCATIONAL EXPENSES: The parties acknowledge and agree that a post-secondary education for their children is desirable. To fund the educational costs to be incurre~ the parties will establish a ~. accounts for their children pursuant to a trust account or trust agreement being entered into concurrently herewith. The trust agreement will include at least the following terms and conditions: a. The trust will be funded from the rents and sales '. proceeds to be derived from the Rental Property as set forth in Paragraph 35 herein. b. The parties will consult with each other and jointly agree as to the expenses to be incurred and the educational institution to be selected for the children. c. The trust funds may be used to pay for the educational costs incurred for the children for undergraduate college and/or post secondary vocational or technical training, including and limited to the expenses therefor incurred for tuition, room and board, books, educational fees, reasonable clothing allowance and reasonable travel expenses to and from school ("the Educational Costs"). The Trus~ funds shall also be used to pay any and al~ taxes arising out of the trust account, the receipt of income by the trust and the receipt of the sales proceeds from the Rental Property by the Trust.. d. The parties shall be co-trustees. HUSBAND will manage the trust account but will consult with WIFE both prior to and after any disbursements are made from the trust Page 30 of 37 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717) 737.010 FAX' 17171975.0697 account. If either party dies during the pendency of the Trust, the remaining co-trustee shall become the sole trustee for the Trust e. H0SBAND will provide and WUE , . will full, complete 'accurate records of all income and disbursements from the account upon her reasonable request but in no event any less frequently than semi-annually. f. A combined account or accounts shall be maintained for both children. The rarties shall be entitled to sprinkle the funds between the children based on need and shall not be required to divide the funds equally between the children. g. The trust shall terminate when the youngest child reaches age 25. Upon termination the remaining funds shall be divided equally between the children, or if one has predeceased then to the survivor. 44 . HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE Page 31 of 37 ITEM NO. DESCRIPTION OF PROPERTY OR LIABILITY VALUE VALUE '1'0 HUSBAND VALUE TO WIFE MONTGOMERY WARDS (2,312.00) (2,312.00) WYCOVIA VISA h ,152.22) (7,152.22) (8/14/97) BOSCOV'S (2,752.80) (2,752.80) AMERICAN :e:XPRESS (669.44) (669.44) ALLSTATE CAR (75.00) (75.00) INSURANCE CK. #182 ALLSTATE APT. (25.33) (25.33) INSURANCE CK. #176 ALLSTATE (33.75) (33.75) HOMEOWNERS INS. CK. #183 GPU ELECTRIC APT. (107.26) (107.26) CK. #189 GPU ELECTRIC APT. (55.58) (55.58) CK. #188 SPRINT PHONE (70.17) (70.17) CK. #192 AGWAY (95.00) (95.00) CK. #181 NATIONAL CITY (1,627.19) (1,627.19) MORTGAGE CK. #190 Gl?U ELECTRIC (22.22) (22.22) CK #179 OIANE G. AAOCl.lFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737-010 FAX: (717) 975-0697 Page 37 of 37