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HomeMy WebLinkAbout98-01277 .~ , , < ~ Cj ~ / ( ~ .... .-.5 . tj r.... ~ C"'4 "'" I ~ ~ . ~ *'~'--~~~--*~*~~~J_~***')'_:_:~::_..~**~-~~ ~ ._~ ---~-,~ -~ ~ ~ :.~ ,; .', ~ ~ Q ? ~ ~.~ .', ~ i ~.~ .', ~ ~ ;.: $. y / *- ........................................................... ................ I ~ ,j ~ ",','" ",." "'," ,,' '" """ "/"",.".,""',.,"" ? . / ,I ~ Dy Th(-' COUJ)/ J ~ ~,. L.W'/ ~ Aii~~i;;~~j6r ,. v~~.. "J. I: ~ ' "~'frd.. . /:"..J?:t&, W";Oll;O;,ot"ry ~ ~ * ~ - ~ ----.--.-.--.'--.~v__,.___v.~.., '''' ._"._, j~ ~.~.~~~~~e~~*~~~***~~*~~~~*~~~*~. ~ :,' ?- ,'. ~ IN THE COURT OF COMMON PLEAS ~ ~,' ~ ;'~ Q ~.' OF CUMBERLAND ~ STATE OF ~~~ .l","\!ti!<'-"-!', COUNTY PENNA. ~ ... ;,~ ~ ~ ~,' ,'~ ~ ....,.............. II II '1 :1 N (), ~,2.?!........,..,.., ................, I ~ 98 Q ~.~ ~ ~" ~.~ ~ w .,~ ....-:r~NlI..M.. STONG,.."..,.., Vel'stls I I I. Ii il KEITH E. STONG ~ ',' ,-j .', ~ ,', ~ ;', ~ ,', ~ DECREE IN DIVORCE AND NOW, ..~~.1..,........, 19~1.... it is ordered and decreed that. ..T,I,N,I\ ,11., ,s!'l:Ql'olq, , '" " , ..". '. , " . " '" .., .. , .. '. plaintiff, and, .. .. .. .. , ..15Jj:l1'l:l, 1;:.. ~').'9t'1~, ,.. .. , .. , .. ... ... .. , .. . .. , .. .., defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; +J0v\.Q. ~ ~~ Q ',' *- ~,~ .'~ * Q ~.~ ~ *- ~,~ ~ ~,~ .', ~ ,', ~ ,,~ ~ ~ ~.~ W :.~ ~ " ~ ',' !~ ;.~ ~ .', ~ 10'. ~ ~ ~ ~ ',' i :.~ ;.; ~ ~ ~.; ~ $ ~ ~.' ~ ~ ',' ~ "~ ~ '.' ~ * * DIANE G, RADCLIFF 3448 TRINDLE ROAD :AMP HILL, PA 1701 I 717)737.0100 limitation by specification: the settling of all matters between them relating to the ownership and equitable 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 PREAMBLE: 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. AGREEMENT 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 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 party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof, Page 2 of 23 llANE G, RADCLIFF :448 TAINDlE ROAD :AMP Hill. PA 17011 7171 737.0100 '~' 3, DIVORCE DECREE: The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in Wife's Cumberland County divorce action docketed to number 98-1277 Civil Term. As soon as possible under the terms of said Divorce Code, 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 di vorce, 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, 4, EFFECT OF DIVORCE DECREE: Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 5. ~EMENT 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 continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Page 3 of 23 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (7171737-0100 - 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, 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 Agreement unless otherwise specified herein. 9. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, HUSBAND acknowledges that has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to HUSBAND by said counsel, 10, FINANCIAL DISCLOSURE: 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 Page 4 of 23 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 1717)737.0100 '"' disclosure of the parties I marital assets which has been provided to each party, 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 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 Agreement. Both parties understand that a court decision concerning the parties' 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. Page 5 of 23 lANE G, RADCLIFF 148 TRINDLE ROAD ~MP HILL. PA 17011 17) 737-0100 c. The right to have any discovery as may be permitted by the Rules of Civil Procedure, 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, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 12. PERSONAL PROPERTY: HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; and HUSBAND agrees that all of the 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 above items which shall become the sole and separate property of the other, Page 6 of 23 lANE G, RADCLIFF 148 TRINDLE ROAD AMP HILL, PA 17011 17) 737.0100 . 13, AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since January 12, 1998, wi th 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. 14, DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, they agree as follows: a, The 1994 Plymouth Voyager shall be the sole and exclusive property of WIFE, b. The 1988 Nissan Sentra shall be the sole and exclusive property of HUSBAND. The titles to said 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. 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. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said Page 7 of 23 lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. 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 pursuant to the terms of this Paragraph. 15, DIVISION OF REA~ ESTATE: The parties are the owners as tenants by the entireties of a certain tract of improved real estate known and numbered as 4 Zion Road, Carlisle, PA, which real estate was heretofore utilized as the parties marital residence. Said real estate is currently encumbered with a first mortgage owed to Principal Residential, having an approximate balance of $79,000.00, and a second mortgage owed to Member's First, having an approximate balance of $10,000.00, With respect to said real estate, the parties agree as follows: OIANE G, RADCLIFF , 3448 TRINDlE ROAD :AMP Hill, PA 17011 717) 737.0100 1. The marital home shall be, or continue to be, listed for sale with a realtor mutually agreeable to both parties. Said listing shall be maintained until the real estate is sold. 2 Upon the sale of the real estate, the net proceeds derived after payment of the existing two mortgages and any other liens, encumbrances and normal real estate settlement cost shall be divided equally between the parties. If the proceeds are Page 8 of 23 insufficient to said pay mortgages liens, encumbrances, and settlement cost, the parties shall contribute equally the deficiency amount so as to complete the sale, 3, Pending the sale of the real estate, HUSBAND's paycheck shall continue to be deposited into the parties jOint Member's First checking account with Wife managing the funds under their current arrangement. HUSBAND shall not make any withdrawal from that account in any amounts as would leave insufficient funds to pay the shall keep normal household informed of all bills. ,HUSBAND withdrawal so that she can balance the account. Wife shall be entitled to make withdrawals from the account to pay the normal household bills. 4. Upon the sale of the real estate, the funds remaining in the joint Member's First checking account shall be paid over to the HUSBAND as his sole and separate property. In the event HUSBAND desires to retain the account instead of closing it, wife's name shall removed therefrom. 5. Pending the sale of the real estate, wife shall be entitled to exclusively occupy the real estate as the primary residents for herself and the parties children. , DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (7171737.0100 Page 9 of 23 'lANE G, RADCLIFF 448 TRINDLE ROAD AMP HILL, PA 17011 '17) 737.0100 16, EACH PARTY RETAINS OWN PENSION PLANS: 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, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. The foregoing notwithstanding, the parties agree that their respective 40lK plans shall be divided equally between them. To effectuate said division, $25,106,67 shall be transferred from HUSBAND's Teamsters 401K plan into an IRA account to be established by Wife at the Member's First Federal Credit Union or any other institution that wife shall select. A qualified Domestic Relations Order shall be prepared by Wife's attorney for purpose of effectuating this division and approval thereof shall be executed by parties upon the execution of this agreement. 17, DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, Page 10 of 23 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (7171737-0100 certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become 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 any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof, 18. 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, 19. WIFE'S DEBTS: 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 responsible and 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 Page II of 23 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717)737.0100 indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 20. HUSBAND I S DEBTS: HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and 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. 21. MARITAL DEBT: During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: a. WIFE shall be solely responsible for the following bills and debts: 1. Any credit cards, loans or other financial obligations incurred by Wife in her sole name. b, HUSBAND shall be solely responsible for the following bills and debts: 1, The Member's First joint unsecured loan having an approximate balance of $8,000.00. Page 12 of 23 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (7171 737-0100 "' 2, HUSBAND's MBNA credit having account an approximate balance of $3,000.00. 3. HUSBAND's Modern Acceptance credit account having an approximate balance of $800,00, 4, Any other credit cards or, financial obligations incurred by HUSBAND in sole name. c, If the party's Member's Joint PSL account having an approximate of $400,00, which is currently being paid from the parties Joint Member's First checking account from the deposits being made by HUSBAND of his pay check as heretofore is not paid off by the date the marital home sells then the balance remaining on that date, shall be paid equally by the parties from their respective shares of the proceeds, or insufficient shall be paid equally be paid by the parties separate accounts. 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, 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 than the party incurring said charge shall immediately repay the same. Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereaf~er incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable, From the date of this Agreement, each party shall only use those Page 13 of 23 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 17171737.0100 22. 23, 24, . credit card accounts or incur such 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. 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 i\ party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. SOCIAL SECURITY BENEFITS: The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration, INCOME TAX PRIOR RETURNS: The parties 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, Puge 14 of 23 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 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 failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 25. FINAL EOUITABLE DISTRIBUTION OF PROPERTY: The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, 26, WAIVER OF ALIMONY, SPOUSAL SUPPORT 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 and costs. 27, CUSTODY AND CHILD SUPPORT: The parties acknowledge that they have previously entered into a Stipulation for Custody and Child Support, the terms of which were entered as an Order of Court dated March 30, 1998 in the above-referenced action. This Agreement does not therefore include any provisions pertaining to custody and child support, the parties rights and obligations pertaining thereto be governed by the aforementioned Order. Page 15 of 23 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 25. 26. 27, each will indemnify and hold harmlesa the other from and against any loas or liability for any [Juch 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 cauae of the misrepresentations or failures to discloae the nature and extent of his or her separate income on the aforesaid joint returns, FINAL EOUITABLE DISTRIBUTION OF PROPERTY: The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein, It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, WAIVER OF ALIMONY, SPOUSAL SUPPORT 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 and costs. CUSTODY AND CHILD SUPPORT: The parties acknowledge that they have previously entered into a Stipulation for Custody and Child Support, the terms of which were entered as an Order of Court dated March 30, 1998 in the above-referenced action. This Agreement does not therefore include any provisions pertaining to custody and child support, the parties rights and obligations pertaining thereto be governed by the aforementioned Order. Page 15 of 23 28, COLLEGE AND POST SECONDARY EDUCATIONAL EXPENSES: The parties acknowledge and agree that a college or other post secondary education or technical training for their children would be desirable, To enable the children to have such an education, the parties agree that they will each contribute equally to the educational costs incurred for said education including, but not limited to by way of specifica tion: tui tion, room, board, books, fees, supplies reasonable transportation, and reasonable sums for living and personal expenses. The foregoing notwithstanding, each parties' obligation under this paragraph shall be conditioned upon that party being consulted with pertaining to the choice of the educational institution. Further the parties agree that the educational institution be selected after taking into consideration of the parties' respective incomes so that the costs thereof are reasonable in light of said incomes. 29. PERSONAL 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. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 1717)737.0100 Page 16 of 23 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717)737-0100 attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 30. MUTUAL RELEASES: 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 any from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other 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 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 Commonwealth of Pennsylvania, (b) State, Commonwealth of 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, any Page 17 of 23 only except, all riCJhts and agreements and obligations of 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. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both 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. DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 1717) 737.0100 32. MUTuAL COOPERATION: 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, 33. AGRE~NT 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 18 of 23 34. INTEGRATION: 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. 35. OTHER DOCUMENTATION: NIFE 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 as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 36, 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 defaul t of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 37. BREACH: DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 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 19 of 23 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following 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 resul t 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), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: 1. 2. the entry of judgment; the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; the award of interest on any unpaid installment; 3, Page 20 of 23 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 1701 I (717) 737.0100 4. the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; 5, the posting of security to insure future payments to compliance with obligations the assure undertaken by this Agreement; 6. the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. 7. the award of counsel fees and costs. B. the attachment of the breaching party's wages. d, Any other remedies provided for in law or in equity. 38, LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39, SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision 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 Page 21 of 23 () \.n (') coo t:;. " ,- ;< I__ oJ {, , 1':: ;';1;t1 r'- I ., '9 ., (" :-::'l\- oJ o.S " ) ~-'f ' :It 'iJ ,. ) (~(J j;.~;; ~ Un'l ~ , :::> ~rJ -<, I" -<: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M, STONG, Plaintiff v, NO, 98-1277 CIVIL ACTION . LAW DIVORCE KEITH E, STONG, Defendant PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2 , Date a. b and manner of service of the complaint: Date: March 21, 1998 Manner: Certified Mail, Return Receipt Requested 3, Date 3301 a, b. of execution of the affidavit (c) of the Divorce Code: Plaintiff: June 28, 1998 Defendant: June 28, 1998 of consent required by Section OR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: 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 Marriage Settlement Agreement between the parties dated May 26, 1998 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 Praecipe to Transmit Record, a cO,Py of which is attached, if the decree is to be entered under Sect~on 3301(d) of the Divorce Code: a, Date of Service: n/a b. Manner of Service: n/a OR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a, Plaintiff's Waiver: July 2, 1998 b. Defendant's Waiver: July 2, 1998 DIANE G. RADC F, ESQUIRE 3 le Road , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff (') lO &;; OJ 0 0,., -of:-; '- 'iJ [ihi'! :-- :,::,"::n {Ori:JJ &'ir~' t ~..)rTi --' ,....;. -'JO :..;, '),r~ ., h.... :-5: -"-;] --. ii~~ ,~~j~ ':-,) ..,.( J r-;fn ::j ::J ~ "" roJ ~i5 -< DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (7171737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. STONG, Plaintiff v, NO. 9P-/:J.77 C'OI:( ~2-IVI CIVIL ACTION - LAW DIVORCE KEITH E, STONG, Defendant COMPLAINT AND NOW, this _ day of 1998, comes the Plaintiff, TINA M. STONG, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is TINA M. STONG, an adult individual residing at 4 Zion Road, Carlisle, Pennsylvania 17013, since 1993. 2. The Defendant is KEITH E. STONG, an adult individual residing at 17 Springville Road, Boiling Springs, Pennsylvania 17007, since January 1998, 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint, 4, Plaintiff and Defendant were married on June 6, 1992 at Carlisle, Pennsylvania, 5. There have been no prior actions of divorce or annulment between the parties. 6, Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to - 2- DIANE G, RADCLIFF 3446 TRINDlE ROAD CAMP Hill, PA 17011 (7171737.0100 participate in counseling, 7, The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8, The Plaintiff avers that the grounds on which the action is based are: a, That the marriage is irretrievably broken; Or in the alternative, b, That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from June 6, 1992 until January 12, 1998, the date of separation, all of which is "marital property", 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increas& in value is "marital property", - 3 - 12, Plaintiff and Defendant have been unable to agree as to an equi table division of said property as of the da te of the filing of this Complaint, WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III: ALIMONY PENDENTE LITE, ALIMONY 13, Paragraphs I through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment, 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage, WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV: COUNSEL FEES 16. Paragraphs 1 through 15 are incorporated by reference hereto as fully as though the same were set forth at length. 17. Plaintiff has employed Diane G, Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel, DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 _ 4 _ 1717)737-0100 18, The Plaintiff is in need of hiring various experts to appraise DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717)737.0100 ,". the parties' marital assets and does not have the funds to pay the necessary and reasonable fees, WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. COUNT V: CUSTODY 19. Paragraphs 1 through 18 are incorporated by reference hereto as fully as though the same were set forth at length. 20. Plaintiff seeks custody of the following children: NAME KAITLYN D. STONG PLACE OF RESIDENCE AGE D,O.B. 4 Zion ROAD 6 11/12/91 CARLISLE PA 17013 4 Zion ROAD 4 2/2/93 CARLISLE, PA 17013 4 Zion ROAD 2 4/4/95 CARLISLE, PA 17013 TAYLOR W, STONG CLAYTON A. STONG The children were not born out of wedlock. The foregoing notwithstanding it is averred that the Child, KAITLYN D. STONG is the biological child of the Plaintiff and was adopted by the Defendant when she was approximately one (1) year old, The children are presently in the custody of the Plaintiff who resides at 4 Zion Road, Carlisle, PA 17013. During the past five years, the children have resided with the - 5 - DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717) 737.0100 following persons and at the following addresses: PERSONS ADDRESSES DATES Tina M, Stong and 4 Zion Road 1993 to January Keith D, Stong Carlisle, PA 17013 12, 1998 Tina M, Stong 4 Zion Road January 12, 199B Carlisle, PA 17013 to present The mother of the children is Tina M. Stong currently residing at 4 Zion Road, Carlisle, PA 17013. She is married, The father of the children is Keith E, Stong currently residing at 17 Springville Road, Boiling Springs, PA 17007. He is married. 21. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAMES Kaitlyn D. Stong Taylor W. Stong Clayton A. Stong RELATIONSHIP daughter son son 22, The relationship of Defendant to the children is that of father, The Defendant currently resides wich the following persons: NAMES Shirley Coy RELATIONSHIP mother 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding -6- ('-, f', (1 co 0 t~ C', 0'1 .... ,- ::.... .--.1 -Ot..j r.:= '~i~; n:l, ; j'- :F:/ ,'- I ",111 ~) ":'. ", '-.10 ~7;~. ',":,:, ......c'") -^ -II '.. -'1 ~.,:; :--:1 -~. :.~~~) r;-;) ~:-;nt .~. ( ~ ~i ::J :.q -~ -, " ...f) Cl ~~ :JJ II c...~ , v! , c- .~ on ni, i-.. ;'F:'; -:7", 1fil . , rJ ),\ u;;' jo. ~, " -.- .:j ~," '.0' \~ :iJ .-- r ,:,!C=' , <-ill ,- r:~ ~~ ::> .....;,0- :Cj ~q -- -', ,,( :~,1 "\ , - n C) ~ 0 ~;:,; :J:l .1'\ '.. --J ..... ~. , ~:; :~, 7.tJ p)l.: '-',1';, " \ - , l ~. :9 (i.' (,n ':~~C) :::~: -r"::'\1 ':"Jj-') , ~.:~\ln .. C"\ - :~'\ :.n :l1 ()1 -<; but to the extent possible, the parties shall attempt to make such rules and follow such schedules as would provide the Children with continuity in their lives regardless of the PARENT with whom they are then residing. 3. Emergency decisions regarding the Children shall be made by the PARENT then having physical custody, but that PARENT shall communicate to the other PARENT the nature and extent of the emergency and shall provide that other PARENT with all information pertaining to the treatment so that the other PARENT may be involved in the decision making process at the earliest possible time. 4, Upon receipt by a PARENT, copies of the CHILDREN'S school schedules, special events notifications, report cards and the like shall be provided to the other PARENT. Each PARENT shall share with the other PARENT any other information and documentation, or copies thereof, that each PARENT possesses regarding the Children within such reasonable time as to make the records and information of DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 reasonable use to the other PARENT. 5. Each PARENT shall provide the other PARENT with at least 48 hours advance notice of school or other activities whenever possible, 6, Neither PARENT shall make any derogatory comments about the other PARENT 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 PARENT shall discuss any aspect of the -2- DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (7171737.0100 custodial situation with the CHILDREN and shall not utilize the children for purposes of conveying information or inquiries pertaining to the CHILDREN to the other PARENT. 7. Each PARENT shall notify the other PARENT of any medical, dental, optical and psychological appointments and/or treatment for the CHILDREN sufficiently in advance thereof so that the other PARENT can attend. 8. Each PARENT shall provide the other PARENT with the name, address and phone number of any babysitter or other daycare providers that regularly watch the CHILDREN for that PARENT. 9, Both PARENTS shall be afforded reasonable telephone contact with the CHILDREN while in the other PARENT'S custody. 10. If either PARENT intends on removing the CHILDREN from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that PARENT shall provide the other PARENT with the address and phone number where the CHILDREN can be reached during the period of absence. B. PHYSICAL CUSTODY: The PARENTS shall share physical custody of the CHILDREN in accordance with the following schedule: 1. MOTHER shall have primary physical custody of the CHILDREN subject to FATHER'S rights of partial custody hereafter set forth. 2. FATHER shall have rights of partial custody of the - 3 - CHILDREN in accordance with the following schedule: a. Alternating weekends from Saturday at 8:30 a,m, until Sunday at 6:00 p.m, b, Monday through Friday of each week from 4:00 p,m. until 6:00 p.m, c. The PARENTS shall alternate custody on the following major holidays under the terms and as set forth below: 1. Easter (from Saturday at 9:00 a,m, through Sunday at 5:00 p,m.); 2. Memorial Day (from Saturday at 9:00 a,m. until Monday at 5:00 p.m.); 3, Independence Day (from July 3 6:00 p.m. until July 5 at 8:30 a.m.); 4, Labor Day (from Saturday at 9:00 a.m. until Monday at 5:00 p.m.); 5, Thanksgiving (from Wednesday at 5:00 p.m, through Thursday at 5:00 p,m,), In odd numbered years, FATHER shall have custody of the CHILDREN for the Easter, Independence Day, and Thanksgiving holidays and MOTHER shall have custody of the CHILDREN on the Memorial Day and Labor Day holidays. In even numbered years the above schedule shall reverse and MOTHER shall have custody of the CHILDREN on the Easter, Independence Day and Thanksgiving holidays and FATHER shall have custody on the Memorial Day and Labor Day holidays. DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -4- DIANE G, RADCLIFF 3448 TRINOLE ROAD CAMP HILL, PA 17011 17171737.0100 d, The Christmas holiday shall be divided into two (2) segments. The first segment shall be from December 24th at 8:30 a,m, until December 25th at 12:00 p.m, The second segment shall be on December 25th from 12:00 p.m. until 7:00 p,m, On even numbered years MOTHER shall have custody for the first segment and FATHER shall have custody for the second segment. On odd numbered years the above schedule shall reverse and MOTHER shall have custody for the second segment with FATHER having custody for the first segment, e. MOTHER shall have custody of the CHILDREN each Mother's Day from 6:00 p.m. the evening before Mother's Day through 6:00 p,m. on Mother's Day and FATHER shall custody of the CHILDREN each Father's Day from 6:00 p,m. the evening before Father's Day through 6:00 p.m. on Father's Day. Each PARENT shall be entitled to two f. (2) uninterrupted weeks of custodial time with the CHILDREN to be exercised non-consecutively. To the extent possible these weeks shall be scheduled to encompass the selecting PARENT'S regular alternating weekend. If said scheduling is not possible or practical then the PARENT selecting the custodial time period that encompasses the other PARENT'S regular alternating weekend shall switch weekends with the other PARENT so that neither PARENT has custody of the children for more than 2 - 5 - consecutive weekends, Each PARENT must provide the other PARENT with at least thirty (30) days advance notice of his/her intention to exercise each of these custodial weeks, Should conflict arise between the selection of said weeks the first PARENT to notify the other PARENT of his or her selection shall have the right to exercise custody on the weeks selected. c. MISCELLAm!OUS CUSTODY TERM..C:: 1. The transportation necessary for the custodial exchanges herein set forth shall be provided by FATHER. 2, The hOliday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous CustOdial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3, Neither PARENT shall remove the CHILDREN from the juriSdiction of the Court of Common Pleas of CUmberland County, PennSYlvania on a permanent basis without providing the other PARENT with at least ninety (90) days advance notice thereof. Said ninety (90) day time periOd is designed to allow the PARENTS to negotiate a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. D. CHILD SUPPORT: FATHER shall pay MOTHER the sum of $700 per month for SUpport " II , ~ , DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 -6- i 1 Ii, , .' ;' 2. Non-major decisions involving the Children's day to day living shall be made by the PARENT 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 in their lives regardless of the PARENT with whom they are then residing, 3. Emergency decisions regarding the Children shall be made by the PARENT then having physical custody, but that PARENT shall communicate to the other PARENT the nature and extent of the emergency and shall provide that other PARENT with all information pertaining to the treatment so that the other PARENT may be involved in the decision making process at the earliest possible time. 4. Upon receipt by a PARENT, copies of the CHILDREN'S school schedules, special events notifications, report cards and the like shall be provided to the other PARENT, Each PARENT shall share wi th the other PARENT any other information and documentation, or copies thereof, that each PARENT possesses regarding the Children within such reasonable time as to make the records and information of reasonable use to the other PARENT. 5. Each PARENT shall provide the other PARENT with at least 48 hours advance notice of school or other activities whenever possible. 6. Neither PARENT shall make any derogatory comments about the other PARENT in the presence of the CHILDREN and to the extent possible shall prevent third parties from DIANE G. RADCLIFF 3448TRINDlE ROAD CAMP Hill. PA 17011 (717)737.0100 -3- making any such comments in the presence of the CHILDREN, Further, neither PARENT shall discuss any aspect of the custodial situation with the CHILDREN and shall not utilize the children for purposes of conveying information or inquiries pertaining to the CHILDREN to the other PARENT. 7, Each PARENT shall notify the other PARENT of any medical, dental, optical and psychological appoi.ntments and/or treatment for the CHILDREN sufficiently in advance thereof so that the other PARENT can attend. 8. Each PARENT shall provide the other PARENT with the name, address and phone number of any babysitter or other daycare providers that regularly watch the CHILDREN for that PARENT. 9. Both PARENTS shall be afforded reasonable telephone contact with the CHILDREN while in the other PARENT'S custody. 10, If either PARENT intends on removing the CHILDREN from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that PARENT shall provide the other PARENT with the address and phone number where the CHILDREN can be reached during the period of absence. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 8, PHYSICAL CUSTODY: The PARENTS shall share physical custody of the CHILDREN in accordance with the following schedule: 1. MOTHER shall have primary physical custody of the CHILDREN subject to FATHER'S rights of partial custody -4- " hereafter set forth. 2. FATHER shall have rights of partial custody of the CHILDREN in accordance with the following schedule: a. Alternating weekends from Saturday at 8:30 a,m. until Sunday at 6:00 p.m. b. Monday through Friday of each week from 4:00 p.m, until 6:00 p.m, c. The PARENTS shall alternate custody on the following major holidays under the terms and as set forth below: 1. Easter (from Saturday at 9:00 a.m, through Sunday at 5:00 p.m,); 2, Memorial Day (from Saturday at 9:00 a,m, until Monday at 5:00 p.m.); 3. Independence Day (from July 3 6:00 p.m. until July 5 at 8:30 a.m.); 4. Labor Day (from Saturday at 9:00 a.m. until Monday at 5:00 p.m.); 5, Thanksgiving (from Wednesday at 5:00 p.m, through Thursday at 5:00 p.m.). In odd numbered years, FATHER shall have custody of the CHILDREN for the Easter, Independence Day, and Thanksgiving holidays and MOTHER shall have custody of the CHILDREN on the Memorial Day and Labor Day holidays. In even nwnbered years the above schedule shall reverse and DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (7171737-0100 MOTHER shall have custody of the CHILDREN on the Easter, Independence Day and Thanksgiving holidays -5- and FATHER shall have custody on the Memorial Day and Labor Day holidays. d. The Christmas holiday shall be divided into two (2) segments. The first segment shall be from December 24ili at 8:30 a.m, until December 25ili at 12:00 p,m, The second segment shall be on December 25th from 12:00 p.m, until 7:00 p,m. On even numbered years MOTHER shall have custody for the first segment and FATHER shall have custody for the second segment. On odd numbered years the above schedule shall reverse and MOTHER shall have custody for the second segment with FATHER having custody for the first segment, e. MOTHER shall have custody of the CHILDREN each Mother's Day from 6:00 p,m. the evening before Mother's Day through 6:00 p.m. on Mother's Day and FATHER shall custody of the CHILDREN each Father's Day from 6:00 p.m. the evening before Father's Day through 6:00 p,m. on Father's Day. f, Each PARENT shall be entitled to two (2) uninterrupted weeks of custodial time with the CHILDREN to be exercised non-consecutively. To the extent possible these weeks shall be scheduled to encompass the selecting PARENT'S regular alternating weekend. If said scheduling is not possible or practical then the PARENT selecting the custodial time period that encompasses the other PARENT'S regular alternating weekend shall switch DIANE G, RADCLIFF 3448 TRINOLE ROAD CAMP HILL, PA 17011 (717) 737.0100 -6- DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 17171737.0100 weekends with the other PARENT so that neither PARENT has custody of the children for more than 2 consecutive weekends, Each PARENT must provide the other PARENT with at least thirty (30) days advance notice of his/her intention to exercise each of these custodial weeks. Should conflict arise between the selection of said weeks the first PARENT to notify the other PARENT of his or her selection shall have the right to exercise custody on the weeks selected. c. MISCELLANEOUS CUSTODY TERMS: 1. The transportation necessary for the custodial exchanges herein set forth shall be provided by FATHER, The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. Neither PARENT shall remove the CHILDREN from the juriSdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without providing the other PARENT with at least ninety (90) days advance notice thereof, Said ninety (90) day time period is designed to allow the PARENTS to negotiate a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. 2. 3, - 7 - 'I I' II :I ), ", !d II i,l , , II, n DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 CHILD SUPPORT: FATHER shall pay MOTHER the sum of $700 per month for support of the parties' aforesaid minor children payable in biweekly installments to correspond to FATHER'S employment pay periods of $323.08 each for the biweekly period in advance. The first payment shall be due upon the execution of this Agreement and shall be prorated, if necessary for any partial pay period and to account for prior payments made by FATHER. Each payment shall thereafter be due and payable within three (3) days of FATHER'S receipt of his pay check or payroll deposit. MEDICAL INSURANCE AND EXPENSES: FATHER shall continue to provide the existing medical and dental insurance coverage, or its equivalent as may be available to him through his employment. Each parent shall make an equal payment and contribution towards any medical, dental, optical and prescription expenses for the children that are not covered by that insurance. F. COURT ORDER: The PARENTS authorize the Court to enter an Order D, E, incorporating the terms of this Stipulated Agreement. IN WITNESS WHEREOF the parties have set their hands and seals the day and year above first written. WITNESS: __Ju ,-,r) I ( -S Irncj TINA M. STONG j ~ c. ~-L . / I ~ / / ((II '5 KITH E'. STONe;; - 8 - , ' , ,\1 r, Ii. ' , , i. r I, ~ lJ. It! I I f DIANE G, RADCLIFF 3448 TRINIlLE ROAIl CAMI'IIILL, PA 17011 PIIONE (717)737-0100 FAX (717) 975.0697 III # 32112 '"' 3. Name of Plan/Retirement Account to which this Order Applies: CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 4. Name and Address of Plan Administrator or Trustee 1055 SPRING STREET WYOMISRING, PA 19610 B. Operative provisions: 1. The Plan Administrator/Trustee is directed to make a lump sum distribution from the Plan Participant's IRA account to the Alternate Payee in an absolute dollar amount of $25,106,67. The lump sum payment shall be made by way of transfer from the Plan Participant's aforesaid IRA Account into the Alternate Payee's IRA Account with Members 1st Federal Credit Union or any other IRA account which Alternate Payee shall hereafter designate so as to effectuate a tax free rollover of retirement benefits between spouses or former spouses pursuant to an order for equitable distribution of marital property as permitted by the rules and regulations of the Internal Revenue Code, 2, The Plan Participant shall be entitled to all value remaining in the plan Participant's interest in the Central Pennsylvania Teamsters Retirement Income Plan after payment of the distributed share to the Alternate Payee pursuant to Paragraph B. 1. above. 3, The Plan Participant and the Alternate Payee shall each be required to pay any and all taxes associated with the payment and receipt of his or her portion of the retirement benefits and shall be subject to all - 2 - llANE G, RADCLIFF 448 TRINDLE ROAD AMP HILL. PA 17011 '171 737.0100 '"' 16, EACH PARTY RETAINS OWN PENSION PLANS: 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, Profit Sharing Plan, 40l-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried, The foregoing notwithstanding, the parties agree that their respective 401K plans shall be divided equally between them, To effectuate said division, $25,106,67 shall be transferred from HUSBAND's Teamsters 401K plan into an IRA account to be established by Wife at the Member's First Federal Credit Union or any other institution that wife shall select, A qualified Domestic Relations Order shall be prepared by Wife's attorney for purpose of effectuating this division and approval thereof shall be execu1:ed by parties upon the execution of this agreement. 17. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, Page 10 of 23