HomeMy WebLinkAbout98-02071
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'1'000 '1'. NEALY,
Pl/lintiff
IN 'rHE COURT m' COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA
va.
,
I
,
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I
I
NO.
98 - 207J
TAMMY [.. NEAI,Y,
Defend/lnt
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
fro: Todd L. Nealy , Plaintiff
ChaI-lea Rector , Counsel for Plaintiff
Tammy L. Nealy , Defendant
Theresa Barrett Male , Counsel for Defendant
You aI'S directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the ______ day
of , 1999, at a.m., at ~Ihich
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
, e~<',
",tt
President Judge
Date of Order and
Notice:
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CI\N
GET LEGAL HELP.
CUMI3EHLAND COUNTY BAR M;SOCIATION
2 LTBEH'I'Y AVENUE
CAHL 1 SLE, PA 17013
TEf,EPIIONI-: (11 n 249-316(,
6, Prior to the parties' separation, on March 13, 1998, Respondent assumed _
responsibility for securing new clients and general bookkeeping of the corporation,
7. At the time of Respondent's departure from the marital home,
Respondent took posllesslon of a corporate lease vehicle (1998 Chevrolet Corvette) and
has secreted said vehicle In a location unknown III Petitioner and without his consent.
Respondent also has possession and use of a 1994 BMW.
8, Respondent has continued since separation to pay certain of the
corporation bills but at times has absconded with the corporate check book and/or has
locked away the check book and corporate monthly statements to the detriment of
Petitioner and without his knowledge or consent.
9, On or about February 12, 1998, Respondent wrote a check for cl'sh from
the corporate account In the amount of $4,000.00, without Petitioner's knowledge or
consent and has refused to disclose how the proceeds of this check were used,
10. Petitioner Is concerned that Respondent's exclusive control of the
corporate bank account, check book and statements Is compromiSing the corporation's
ability to function. Petitioner further believes, and therefore avers, that Respondent may
not be depositing all checks Into the corporate account for proper disbursement.
11. Petitioner has learned that prior to separation Respondent also
established a cleaning service corporation known as Elite Maintenance, Inc_ without his
knowledge or consent and Respondent Is believed to be 100% shareholder of said
corporation to the exclusion of Petitioner. Petitioner believes that Respondent has
established this corporation for the sole purpose of attempllng to diminish Petitioner's
clientele and transfer and convert said clientele Into her own oleanlng business to the
detriment of Petitioner and the corporation during the pendency of these divorce
proceedings.
12. Petitioner further believes that various corporale monies may have been
converted by Respondent as and for start-up costs for Elite Maintenance, Inc" all of
which acts have been done to the detriment of Petitioner and Sparkling Cleaning
Service, Inc.
13, Respondent continues to exercise exclusive control over all of the parties'
bank accounts, corporate check book, and various savings accounts to the exclusion of
Petitioner.
14. Petitioner believes that Respondent may further dissipate, alienate and/or
attempt to encumber marital and non-marital property of the parties_
15. Section 3323 (f) of the Divorce Code provides In relevant part:
In all matrimonial causes, the court shall have full equity power and
Jurisdiction and may Issue Injunctions or other orders which are necessary
to protect the interests of the parties or to effectuate the purposes of this
act, and may grant such other relief or remedy as equity and Justice
require against either part...
16. Section 3505 (a) of the Divorce Code provides:
Where It appears to the court that a party Is about to remove himself or
herself or his or her property from the Jurisdiction of the Court or Is about
to dispose of, alienate, or encumber property In order to defeat alimony
pendente lite, alimony, child and spousal support, or similar award, an
Injunction may Issue to prevent such removal or disposition and such
property may be attached as provided by the Rules of Civil Procedure.
17. Pennsylvania Rule of Civil Procedure 1920.43 (a) provides:
At any time after the filing of the complaint, on petlllon setting forth the
facts entllllng the party to relief, the court may, upon such terms and
conditions as 1\ deems just, Including the filing of security,
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PYB510
1998-02071
NEALY
Cumberland County Prothonotll,ry's Office page
Civil Case Inquiry
TODD T (VB) NEALY TAMMY L
1
Reference No..' Filed........: 4/15/199~
Case TYpe.....1 COMPLAINT - DIVORCE Time.. ..... .., g/g013gR
Judgmeflt. . . . . . : .00 Execution Date / 10
Judge Assigned I GUIDO EDWARD E Sat/Dis/Gotd.. 0/0
J_ur~ '{'rial. . . .
Hi~ er Court 1
Hi er Court 2
....................................................... ........................
General Index Attorney Info
NEALY TODD T PLAINTIFF RECTOR CHARLES
18 CHESTNUT DRIVE
MECHANICSBURG PA 17055
NEALY TAMMY L DEFENDANT MAI,E THERESA BARRETT
4279 NANTUCKET DRIVE
CAMP HILL PA 17011
................................................................................
. Date Entries ·
...............................................................*..*...*...*...**
04/15/98 COMPLAINT - DIVORCE ". 4 ADDL COUNTS - EQUITABLE DISTRIBUTION -
ALIMONY ALIMONY PENDENTE LITE - COUNSEL FEES EXPENSES & COST OF
SUIT - CUSTODY
PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND FOR
INJUNCTIVE RELIEF
RULE TO SHOW CAUSE - DATED 4/11198 - IN RE PETITION TO PREVENT
DISSIPATION OF MARITAL ASSETS A~D FOR INJUNCTIVE RELIEF - RUI.E IS
GRANTED UPON RESPONDENT RETURNABLE 5/19/98 1 PM CR 5 - BY EDWARD E
GUIDO J - NOTICE MAILED 4/28/~8
85/2g/98 DEFENDANT'S MOTION FOR CONTINUANCE
5/2 Ige PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT BY THERESA BARRETT MALE
OS/20/98 ~~RECIPE FOR WITHDRAWAL OF APPEARANCE FOR DEFT BY CAROL J LINDSAY
ESO
**........**..*.*....*..........*.....*...*.......**............**.***.***.*.*..
. Escrow Information *
* Fees & Debits Bea Bal Pvmts/Ad'l End Ba1 *
**.....***.*...*...*............*.....*..~..*...,..*....*..**.....*..*.***....**
04/15/98
04/27/98
DIVORCE 35.0g 35.00 .00
T.AX ON CMPLT .5 .50 .00
SETTLEMENT 5.0g 5.00 .00
MASTER'S FEE 125.0 125.00 .00
DIV PA SURCHG 10.08 10.go .og
JCP FEE 5.0 5. 0 .0
ADD'L COUNTS 40.08 40.00 .00
JCP FEE 5.0 5.00 .00
JCP FEE 5.00 5.00 .og
JCP FEE 5.00 5.00 .0
JCP FEE 5.00 5.00 :88
CUSTODY FEE 4.00 4.00
CUSTODY FEE-CO ' 1.00 1. 00 .00
---..-------------------- ------------
245.50 245.50 .00
.....****.********.*..*.**...*.**.***.**....*.*.*.***..........*****************
* End of Case Information *
**.*.**......*****.***.*...*..****...*.*.**..**.***.....***.**.****..*******..**
TODD T. NEALY, Vl,tlb/a SPARKLING: IN THE COURT OF COMMON PLEAS OF
CLEANING SERVICE, It)lC. : CUMBERLAND COUNTY, PENNSYLVANIA
Pelllloner/Plalntlff
V.
TAMMYL. NEALY,
RespondenUDefendant
: NO. 98-2071 CIVIL TERM
: CIVIL ACTION. LAW
: IN DIVORCE
QRDER
AND NOW, this n.. tfray of -4~<:t- __,1998, upon consideration of the
attached Stipulation for an Agreed Order, It is Ordered and Directed that said Stipulation
Is hereby entered as an Order of this Court and shall remain in full force and offect until
further written agreement of the parties or subsequent order of court.
BY THE COURT:
IS/ '} :1S:n" t';} ~: ~ .
TRU~ COpy FROM RECORD
In r"stnYJn\' I,'lh:rnof, I here unto set my hand
and tho seal of said Court at Carlisle, Pa,
ThISqql.5..:t!::., d~y OLq~", 19..'1.t
N...'.........~~ap~~~~ta~1.(,..-
TOOD T. NEALY,
. Pelltloner/Plalntlff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V,
TAMMYL. NEALY,
RespondenVDefendant
,
: NO, 98 - 2071 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
P.ETITION FOR CONTEMPT
AND NOW, comes the Petitioner, Todd T, Nealy, by and through his attorney
Charles Rector, Esquire, and In support of the within Petition for Contempt against the
Respondent, Tammy L, Nealy, represents as follows:
1, Petitioner Is Todd T, Nealy, who Is Plaintiff In a divorce action flied at 98-
2071 In the Court of Common Pleas of Cumberland County, Pennsylvania, He currently
resides al18 Chestnut Street, Carlisle, Cumberland County, Pennsylvania,
2, Respondent Is Tammy L Nealy, Defendant In the above-referenced
divorce acllon who currently resides In Harrisburg, Dauphin County, Pennsylvania.
3, On April 13, 1998, Petitioner filed a Petition to Prevent Dissipation of
Marital Assets and for Injunctive Relief as II result of, /nhu.alla, Respondent.s conduct In
absconding with monies properly due and owing to Sparkling Cleaning Services
(herelnaftflr referred to as "the Company"), a business started by Petitioner prior to the
marriage but operated by both parties during the marriage, and also as a result of
Petitioner's concern that Respondent would attempt to diminish the value of the
Company and attempt to solicit clients away from the Company (See Exhibit "A"
attached hereto),
,
,4. On July 3, 1998, the parties entered Into a Stipulation for an Agreed
Order to address these Issues which Stipulation was entered as an Order of Your
Honorable Court on July 13, 1998, a copy of which Is attached hereto Incorporated
herein and Identified as Exhibit "8."
6. Although the parties separated on March 13, 1998, both parties conllnued
to share responsibility for the operation of the Company. Respondent acted as the
bookkeeper.
6. The Stipulation of July 3, 1998, entered as an Order of your Honorable
Court reads, In pertinent part that".. .nelther party shall attempt to solicit ollents
away from said company or tn any way attempt to dlmlnlBh the valut) of said
company or Its' earnings during the pendency ofthese proceedings." (See Exhibit
"B" at line 4).
7. Respondent has violated Your Honorable Court's Order as folloWs:
a. Respondent, on or about August, 1998, began commingling monies due
and owing to Sparkling Cleaning Service In her own personal account
rather than making Company deposits Into the Company account.
Specifically, on July 22, 1998, Respondent had wired to her personal
account monies due and owing to Sparkling Cleaning Service which
totaled $18,622.20. '
b. Respondent has further communicated directly with representatives of
Giant. Inc" a Company client, to forward their check for the Company's
work directly to her rather than to the Company office. Petitioner believes
and therefore avers that Respondent has unilaterally secured the Giant
account from the Company to the detriment of Petllloner and the
Company.
c. Respondent, on or about September 4, 1998, utilizing the Inside
Information derived from her knowledge and participation In Sparkling
Cleaning Service purposely solicited and underbid the account of the
Housing Authority of the County of Cumberland and secured the contract
from Sparkling Cleaning Service to her company, E!lte Maintenance, Inc.
d. Respondent and various of her employees have In recent weeks
attempted to solicit employees of Sparkling Cleaning Service to work fo,r
Respondent's company, Elite Maintenance, Inc., In violation of Your
Honorable Court's Order, and further have advlsod Company employees
that they should leave the Company because It Is going "to fall on Its'
face."
e. Respondent and various of her confederates through Elite Malhtenance,
Inc., have attempted to solicit other accounts of Sparkling Cleaning
Service, Including, but not limited to, HealthSouth, Inc. of Mechanlcsburg,
Pennsylvania.
f. Respondent, although now working as a full-time employee of Diversified,
Inc. a former client of the Company, continued to take draws from the
Company account and skimmed monies from the Company account In
order to satisfy vanous debt obligations of her new employer, Diversified.
Inc., and to pay bills for her boyfriend, and other third parties, Including
but not limited to checks drawn from the Company account and made
payable to two employees Of Diversified, which checlls totaled $2,077.70.
Respondent has further ordered chemical supplies on behalf of her
employer, and charged those supplies to the Company some of which
bills remain outstanding.
g. Former Company employee, Linda Shearer, at the dlrecllon of
Respondent, removed company supplies to be used at Diversified
accounts which equipment Included trash barrels, divided buckets and
mop buckets. Respondent continues to use company equipment at
Diversified accounts.
h. On or about June 21, 1998, as a result of Respondent's conduct,
Sparkling Cleaning Service lost the "Diversified" account, a long standing
client of the Company. Respondent Immediately capitalized on the
situation and was hired as an employee of Diversified and began
receiVing a gross annual income of apprOXimately $100.,000.00, all of
which was to the detriment of Sparkling Cleaning Service Inasmuch as
the Diversified account yielded a gross monthly payment from Diversified
to the Company of between $20,000 and $25,000.
I. Petitioner believes, and therefore avers, that Respondent has received
additional checks due and owing to Sparkling Cleaning Service Including.
but not limited to a check In the amount of $7,253.00 previously due the
Company from Diversified which check has not been forwarded to tIle
Company account.
s. She has willfully and purposely engaged In a pattern of conduct which
has dissipated the value of Sparkling Cleaning Service and has otherwise caused the
transfer and/or loss of assets of the Company by:
1. soliciting clients away from the Company;
2. diverting monies due and owing to the Company for her own use and
benefit, and
3. causing a diminution of the value of the Company's earnings during the
pendency of these proceedings resulting In adverse tax consequences
and the resulting loan of monies to Pelllloner from his parents.
4. Failing to segregate money to pay Federal and State tax obligations of
the Company.
10. Petitioner, Todd T. Nealy, seeks a finding by the Court that Respondent,
Tammy L. Nealy. has deliberately violated the Order of Court dated July 13, 1998. and Is
In willful contempt of said Order.
WHEREFORE, Petitioner respectfully requests that Your Honorable Court
adjudge Respondent In contempt and:
a. Order that a Receiver be appointed to handle all bookkeeping
responslbllllles of the Company and to oversee directives of the Court;
b. Order Respondent, within thirty (30) days, to provide a written accounting
with the Court of all monies received by her from whatever source derived
from the date of your Order of July 13, 1998, to the present;
c. Order Respondent to Immediately reimburse Petitioner the sum of
$30,355.56, as and for monies previously borrowed from Petitioner's
parents to cover the Company tax obligations;
d. Order the removal of Respondent's name from all Company accounts and
enjoin Respondent from collecting Company account monies directly from
any clients of the Company existing as of July 13, 1998, Including the
Giant and Housing Authority Accounts, and further to turn over to
Petitioner or the Receiver all monies received by Respondent through
Elite Maintenance, Inc. for clients of Elite Maintenance, Inc.. an clients of
6. Prior to the parties' separation, on March 13, 1998, Respondent assumed
responsibility for securing new clients and general bookkeeping of the corporation.
7. At the time of Respondent's departure from the marital home,
Respondent took possession of a corporatEllease vehicle (1998 Chevrolet Corvette) and
has secreted said vehicle In a location unknown to Petitioner and without his consent.
Respondent also has possession and use of a 1994 BMW.
8. Respondent has continued since separation to pay certain of the
corporation bills but at tlrnes has absconded with the corporate check book and/or has
locked away the check book and corporate monthly statements to the detriment of
Petitioner and without hiS knowledge or consent.
9. On or about February 12, 1998, Respondent wrote a chec~ fer cash from
the corporate account in the amount of $4,000.00, without Petitioner's knowledge or
consent and has refused to disclose how the proceeds of this check were used.
10. Petitioner Is concerned that Respondent's exclusive control of the
corporate bank account. check book and statements Is compromising the corporation's
ability to function. Petitioner further beHeves, and therefore avers, that Respondent may
not be depositing all checks Into the corporate account for proper disbursement.
11. Petitioner has learned that prior to separation Respondent also
established a cleaning service corporation known as Elite Maintenance, Inc. without his
knowledge or consent and Respondent Is belle'Ied to be 100% shareholder of said
corporation to the exclusion of Petitioner. Petitioner beHeves that Respondent has
established this corporation for the sole purpose of attempting to diminish Petitioner's
clientele and transfer and convert said clientele Into her own cleaning business to the
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Count I . Divorce
7. The allegations of Paral:lrFl~hs 1 through 6 are Incorporated herein by
referElnce and made a part thereof.
8. This action Is not brought through collusion between the Plaintiff and
Defendant, but In sincerity and truth for the reasons set forth within.
9. The marriage Is Irretrievably broken, and the parties are proceeding
under Section 3301 (e) of the Divorce Code. In the alternative, Defendant has offered
such Indignities to Plaintiff, the Innocent and Injured spouse, as to render his condition
Intolerable and his life burdensome.
10. Plaintiff has been advised that counseling Is available and that Plaintiff
may have the right to request that the Court require the parties to participate In
, counseling.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree
dissolving the marriage between Plaintiff and Defendant.
Count II . Equitable Distribution
11. Paragraphs 1 through 10 of this Complaint are Incorporated herein by
reference as If set forth at length.
12. The parties have acquired, during the course of the marriage and prior to
separation, property, both real and personal, which they own Jointly or which was
During the past five years, the children have resided with the following persons
and at the following addresses:
a. 18 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania, with both
parties.
24. The relationship of the Plaintiff to the children Is that of Father. The
Plalnllff currently resides with the fOllOWing persons:
Courtney Nealy Daughter
Hannah Nealy Daughter
25. The relationship of the Defendant to the child Is that of Mother. The
Defendant currently resides with the following persons:
Courtney Nealy Daughter
Hannah Nealy Daughter
26. Plalnllff 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 concerning the children
pending In a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has
physlr;al custody of the children or claims to have custody or visitation rights with
respect to the children,
27. The best Interest and permanent welfare of the children will be served by
granting the Plaintiff primary physical custody.
1--',
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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 held 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 fall' 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. Both f,Jartles
hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all marital and non-
marital 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.
c. The right to have property identifIed and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of Clvli
Procedure.
e. 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, and to set aside 10 a party that property which the court
determines to be that party's non-marital property.
5
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f, 1'he right to have the court decide any other rights, remedies, privileges,
or obllg9t1ons covered by this Agreement and/or arising out of the marital relationship,
Including but not limited to possible claims for divorce, ehllll er spousal support, alimony,
alimony &ndento Lire (temporary alimony), equltahle distribution, el:lstelly, visitation,
and counsel fees, costs and expenses.
11. PERSQt:U\l. PROPERTY~
caD
I ~7/Cfct
The parties acknowledge that they have previously agreed to a division of all of
their tangible personal property including, but not limited to. Jewelry, clothes, furniture,
furnishings, rugs, cClrpets, household equipment and appliances, tlJols, pictures, books,
works of art and other tangible personal property. With respect to said division the
parties agree that HUSBAND shall receive as his sole and !ieparate property aU Items
currently In his possession and WIFE shall receive as her sole and separate property all
Items of tangible personal property In her possession. Each of the parties hereto does
waive, release, and forever abandon any right and alltitie, Interest and claim, In and to
the tangible personal property to become the property of the other party pursuant to the
terms of this paragraph.
12. AfTER.ACQUIRED PROPEBIY..
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, with or without non-marital assets, after the date of this Agreement, with full
power In him or he\' 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,
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Company to HUSBAND except that WIFE shall be entitled to receive the Giant,
Diversified and HUD Accounts all of which are or were Company accounts. HUSBAND
waives all right, IItle and interest he may have In and to said accounts and/or monies
derived therefrom henceforth. In consideration thereof, WIFE agrees to Indemnify and
, save HUSBAND harmless from any and all debts, costs, losses, causes of action, legal
proceedings of any kind, etc., associated with the operation by her of said accounts.
WIFE specifically waives all right, title and Interest she may have In and to all Company
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accounts not specifically mentioned herein, and further waives all right, litis and Interest
she may have In and 10 all Company assets Including, but not limited to, Inventory and
business equipment, Including the computer, and any good will value associated
therewith. Except as otherwise contained in this Agreement, HUSBAND agrees to
Indemnify and save WIFE harmless from any and all debts, costs, losses, causes of
action, legal proceedings of any kind, etc. associated with his operation of the Company
and Its' accounts henceforth. The parties further agree that neither party shall solicit
existing clients nor current employees from the other for the period of twenty-four (24)
months following execution of this Agreement.
b) The parties acknowledge that various amounts are due and owing to the
Pennsylvania Department of Revenue by the Company which amounts Include, but may
not be limited to. Sales Tax from August of 1997 to present and Employer Withholding
taxes In the amount of $40.00 for the tax year 1997 and In the amount of $4,814.98
through September 30, 1998. WIFE agrees to assume sole responsibility for all
payments due and owing to the Pennsylvania Department of Revenue including the
above-described and further agrees to cooperate In every respect with Patsy Ross of
10
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the Pennsylvania Department of Revenue (telephone number 412-565.2477). WIFE
further shall assume sole responsibility for the filing of delinquent Sales Tax repol1s and
In otherwise fulfilling the Company's tax obligations with the Commonwealth of
Pennsylvania. By way of clarification, WIFE's obligations as above-described shall be
capped In the amount of $23,500.00 WIFE agrees to Indemnify and save HUSBAND
harmless from payment of said taxes up to the amount of $23,500.00. If the Company's
total tax obligations to the Commonwealth of Pennsylvania are determined to be less
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than $23,500,00, WIFE shall pay the difference directly to HUSBAND In the form of a
non-taxable equitable distribution payrnent In lieu of alimony. HUSBAND shall assume
sole responsibility for any tax obligation to the Commonwealth of Pennsylvania which
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exceeds the amount of $23,500.00. The parties shall cooperate wilh one another to
facilitate compliance with this paragraph.
c) WIFE further agrees to pay the Sum of $10,069.66 to Doyle Ivy as and for
delinquent Company Insurance premium obligations either In one lump sum or through a
payment plan acceptable to Doyle Ivy and shall indemnify and hold HUSBAND harmless
from payment of same. To the extent that the amounts owed are less than $10,069.86,
WIFE shall pay the difference to HUSBAND in a lump sum non-taxable equitable
distribution payment In lieu of alimony. HUSBAND shall pay the amounts due and
owing to Doyle Ivy which exceed said amount and shall Indemnify and hold WIFE
harmless from payment of same. WIFE further agrees to pay In full the debt due and
owing to Reinhardt Supply In the amount of $116.21 and to Indemnify and save
HUSBAND harmless from payment of same.
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become the sole and exclusive 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 account, 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.
19. MARITAL DEBTS,
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The parties acknowledge that they have previously divided the obligations and
payments required thereof of any debts and obligations arising during the marriage and
In accordance therewith any obligation being paid by a party shall continue to be so paid
and said party shall Indemnify. protect and save the other party harmless therefrom.
Specifically, WIFE agrees to be solely liable for timely payment and satisfaction of the
loan to her brother through Dauphin Deposit, all credit cards In her name, the debt due
and owing to Imprint Warehouse In the amount of $252.00, and those obligations
described In paragraphs 13, 15, 16(b) and '16(c) of this Agreement and WIFE shall
Indemnify and hold harmless HUSBAND from all efforts by creditors to enforce these
debts against HUSBAND. HUSBAND agrees to be solely responsible for timely
payment and satisfaction of all credit cards In HUSBAND's name and those obligations
otherwise described In this Agreement and HUSBAND shall Indemnify and hold WIFE
harmless from all efforts of creditors to enforce these debts against WIFE, All credit
cards in WIFE's name are WIFE's responsibility and all credit cards In HUSBAND's
name are HUSBAND's responsibility.
A liability not disclosed In this Agreement will be the sole responsibility of the
party who has IncLlrred or may hereafter Incur It, and each agrees to pay It as the same
16
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shall become due. Each party agrees to Indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations and liabilities assumed
by a party pursuant to this Paragraph. From the date of execution of this Agreement,
each party shall use only those credit cards and accounts for which the party Is
Individually liable and Ihe parties agree to cooperate In closing any remaining accounts
which provide for Joint liability.
20. kU.SIQD.."i.
The parties will continue to share legal and physical custody of the children
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(Courtney, DOS 5/21/91 and Hannah DOB 11n/94) pursuant to the Custody Order of
July 13, 1898. The parties agree to forego a custody evaluation. Shared custody will
contemplate shared time on the children's bhihdays and holidays (Easter, Memorial
Day, July 4'", Labor Day, Thanksgiving and Christmas). The children will utilize the
Chestnut Drive property for school enrollment purposes. The parties may, from time to
time, modify the shared physical custody arrangement with a view 10 accommodating
the children's schedules and maintaining the children's close and meaningful
relationship with Ihe other parent.
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21. QEf.E.NDENCY EXEMPTIONS.
Father shall be entitled to claim Hannah as a dependency exemption pursuant to 1. n
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Internal Revenue Service Code Section 152(e) for the tax year ~and each and )
every year thereafter. Mother shall be entitled to claim Courtney for dependency ~U0\1'YI ~
exemption purposes for the tax year 1998 and each year thereafter. To the extent that v (j ,rq
any additional documenls are required 10 facilitate this paragraph, Including but not
17
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Ihls paragraph.
22. HEALr""~~~1
S"'h POrt,,, 'g", " ''''"'' hoalth '''''''''' ""',,'" '" '''''' m""' "''''''
H""'h '"' C,,"rt,,"y N",y. Th, "rt., """ 'h,,, ""po"" " th, ',."",,,,,,,, "
P"""'Y '"' ""'""'Y "'''''go f" th, m"", "''''''' '"' 'hol' 'M" """Iy '"y "'"
." ""','""" m'dI"" "''''"''' "',',' ''''''' .. m".., "''' '" th, 'hi"",
V""",,,, " "'h """'" modi", ,,,'''''' ""''',go f" th, 'hll'", '''''' '"
""'"",, " .. "'h" "'hi, th'rty (30) "YO 'f """'" '" thO Ag,,,,,,", ''''' 01
reasonable limes thereafter.
23. WA'VFR Q~
E,,,, '" th, POrt,,, h,,,,, ,," '''.'''''Iy '01". """. "'"",,,, ''''' '''''''
"",""" '"y "9hl, 1111,. ',."" " ""m. ","y, "th" porty "" Y h,,, " '"' " '"y
""'rl',"" 'f '"y kI"" " ""'" 'h,.",,,, P'"",,",1y " In th, '""" """,,' by ..
other party.
24. W'FF'S DEBr~,
WIFE "P"""" "'" ""'"" " HUS'AND thol .,,'" th, POrt.,' '''''''','
"po""" 'h, h" "', '''',,''',' " ,,,"'" ony ,," " '''''"ly ,,, 'hl", HUSBAND
" hi, "'01, mIght '" "''''''Ib. ''''' WIFE 'Orih" "P'""". '"' ..",,,, HUSBAND
II., '''' '11I "" ""''''' " '",", "y 'eb, " ,,,,,",, 01'" '" ""'"'", 'f tho
A,,,,,,,,,,.,,, .ht", HUSBAND" ht. "." might b, '''''''1'''. WIFE ""'I
Ind,m,,1y '"' "" HUSBAND h,,,,,... Irom ,"y ''''' "I o,lm, " "m""" _,
against him by reason or obl/gatlons Incurred by her.
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25. HUSBAND'S DEBJ.S..
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,
26. .B1\NKRUPTCY
The parties hereby agree that the provisions of this Agreement shali not be
dischargeable In bankruptcy consistent with 11 USC 523(a)5 and expressly agree to
reaffirm any and ali obligations contained herein. In the event a party files slJch
bankruptcy and pursuant thereto obtains a discharge of any obligations assumed
hereunder, the other party shali have the right to terminate this Agreement In which
event the division of the parties' marital assets and ali other rights determined by this
Agreement shall be subjected to court determination the same as if this Agreement had
never been entered Into.
27. SOCIAL SECUIillY.BENEFITS.
The parties agree that subJect to the rules and regulallons of the Social Security
Admlnlstrallon, each of the parties shall continue to be eligible for Social Security
benefits to which he or she would ordinarily be qualified as a part 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.
19
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TODDJ. NEALY,
Plaint! ff
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
TAMMY L. NEALY,
, Defendant
NO, 98-2071 CIVIL TERM
ORDER OF CQ.l.!RI
AND NOW, this 2.. J day of February, 1999, upon consideration ofthe attached lettcr
from Charh,s Rector, Esq., attorney for Plaintift~ the hearing previously scheduled in this
matter for February 3, 1999, is cancelled.
BY THE COURT,
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Charles Rcctor, Esq\lire, P,C.
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
Attorney for Plaintiff
Theresa Barrett Male, Esq.
115 Pine Street
Harrisburg, P A 1710 I
Attorney for Defendant
_ ec~<!I ()>........A.t AI &l1"q,
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In the Court of Common PlellS of CUMBERLAND County, PennsylvanIa
DOMESTIC RELATIONS SECTION
TODD T. NBALY ) Docket Number 98 2071 CIVIL
Plaintiff )
va. ) PACSES Case Number 708100561 /028.177
TAMMY L. NBAL Y )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this 27TH DAY OF JANUARY, 1999
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or GV Other
ALIMONY PBNDENTE LITE
filed on
11/30/98
in the above captioned
matter is dismissed without prejudice due to:
PLAINTIFF WITHDRAWING HIS REQUEST FOR ALIMONY PBNDENTE LITE.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner, if filed within one year from date hereof.
DRO: RJ Shadday
xc: pla.lntlf
defendant
C. Rector, Esq.
T. Barrett-Male.
BY THE COUJYt:
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Edgar B. B'aY~
JUDGE
Service Type M
Form OE-S06
Worker 10 21005
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f. The right to have the court decide any other rights, remedies, privileges,
Qr obligations covered by this Agreement and/or arising out of the marital relationship,
Including but not limited to possible claims for divorce, elllld er spousal support, alimony,
alimony Emldente LIm (temporary alimony), equitable distribution, el:lBt!:llly, visitation,
and counsel fees, costs and expflnses.
11. PERSONAL PROPERTY.
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The parties aCKnowledge that they have previously agreed to a division of all of
their tangible personal property Including, but not limited to, jewelry. clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, tQols, pictures, books,
works of art and other tangible personal property. With respect to said division the
parties agree that HUSBAND shall receive as his sole and separate property all Items
currently In his possession and WIFE shall receive as her sole and separate property all
Items of tangible personal property In her possession. Each of the parties hereto does
waive, release, and forever abandon any right and all title, interest and claim, In and to
the tangible personal property to become the property of the other party pursuant to the
terms of this paragraph.
12. AFTER.ACQUIRED PROPERTY,
Each of the parties shall heraafter 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, with or without non-marital assels, after the date of this Agreement, 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.
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consideration thereof, HUSBAND agrees to assumli sola responsibility lor payment of '
the first mortgage obligation due and owing to PNC Corporation (the PNC line 01 credit),
all property taxes, Insurance premiums and any and all other costs associated with the
home, and HUSBAND shall Indemnify and save WIFE harmless from payment of these
obllgallons.
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It Is further acknowledged that the parties are Joint owners of a mobile home
located In Delaware known as the "beach house." HUSBAND agrees to transfer all
right, title and interest he may have In and to said mobile home to WIFE
contemporaneously with the execution of this Agreement. HUSBAND's attorney shall
escrow the signed registration to the mobile home until notified to tender same to the
finance company selected by WIFE to effectuatli financing of the lump sum payment
due and owing to HUSBAND pursuant to Paragraph 15.
15. MONETARY M,YMENT,
In consideration of the distribution of the marital assets set forth In this
Agreement, WIFE agrees to pay directly to HUSBAND the lump sum of $20,000,00
within forty-five (45) days 01 execution of this Agreement which payment shall be
considered by the parties to be a non-taxable equitable distribution payment In lieu of
alimony.
16. SPARKLING CLEANING SERVICE,
a) The parties acknowledge that they are Joint owners of the business
known as Sparkling Cleaning Service (hereinafter referred to as "the Company"), a sole
proprietorship which provides cleaning services to various clients, hereinafter described
as "accounts." WIFE waives all right, title and Interest she may have In and to the
9
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the Pennsylvania Department of Revenue (telephone number 412-565-2477). WIFE
further shall assume sole responsibility (or the filing o( delinquent Sales Tax reports and
In otherwise (ulfllling the Company's tax obligations with the Commonweallh 0'
Pennsylvania. By way of clarification, WIFE's obllgallons as above-described shall be
capped In the amount of $23,500,00. WIFE agrees to Indemnify and save HUSBAND
harmless from payment of said taxes up to the amount of $23,500.00. If the Company's
total tax obligations to the Commonwealth of Pennsylvania are determined to be less
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than $23,500.00, WIFE shall pay the difference dlroctly to HUSBAND In the form of a
non-taxable equitable distribution payment In lieu of alimony. HUSBAND shall assume
sole responsibility (or any tax obligation to the Commonwealth of Pennsylvania which
exceeds the amount o( $23,500.00. The parties shall cooperate with one another to
facilitate compliance with this paragraph.
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c) WIFE further agrees to pay the sum of $10,069.66 to Doyle Ivy as and for
delinquent Company Insurance premium obligations either In one lump sum or through a
payment plan acceptable to Doyle Ivy and shall Indemnify and hold HUSBAND harmless
from payment of same. To the extent that the amounts owed are less than $10,069.86,
WIFE shall pay the difference to HUSBAND In a lump sum non-taxable equitable
distribution payment in lieu of alimony. HUSBAND shall pay the amounts due Elnd
owing to Doyle Ivy which exceed said amount and shall Indemnify and hold WIFE
harmless from payment of same. WIFE further agrees to pay In full the debt due and
owing to Reinhardt Supply in the amount of $116.21 and to Indemnify and save
HUSBAND harmless from payment of same,
II
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. ,
d) HUSBAND agrees to assume any and all outstanding federal, state and
local tax obligations due and owing by the Company, the business line of credit through
PNC Bank, the Trout & Associates bill, one-half (1/2) of the Gerald Brenneman, CPA
bill, the Bortek bill, the Thomas sewing bill, the radio advertising bill, and any other
Company obligations not specifically menlloned In this Agreement. and HUSBAND shall
Indemnify and save WIFE harmless from payment of same. HUSBAND represents and
warrants to WIFE that he borrowed funds from his parents to satisfy the following debts:
. Federal 940 and 941 taxes through the second quarter of 1998
. Federal 941 tdxes for the third quarter of 1998
. Pennsylvania Unemployment Compensation taxes through the
third quarter of 1998
. Pennsylvania taxes (501) through the third quarter of 1998
. West Shore Area local taxes through the third quarter of 1998
Based on WIFE's payments as set forth In paragraphs 15, 16(b) and (c),
HUSBAND shall not seek contribution nor indemnification from WIFE for repayment of
the above debts previously paid by his parents and shall otherwise hold WIFE harmless
from repayment of said obligations,
e) The parties shall cooperate In the preparation of Form 1040, Schedule C
for the tax year 1998, and shall otherwise cooperate In the preparation and filing of a
joint tax return for said 1998 tax year, The parties shall be responsible for their
Individual federal, stale and local tax obligations In direct proportion to their respective
cash draws of 1998 year net profits derived from Sparkling Cleaning Service. To the
extent that any additional taxable Income was received by either party in 1998, any
related Increase in the parties' tax liability shall be borne exclusively by the party
receiving said additional taxable Income and said party shall Indemnify and save
harmless the other from payment of same. Each party shall be entitled to receive the
12
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p~rtlon of any tax refund, If received, In proportion to hit/her respective allocated and
unallocated Incomes. The parties further agree to utilize the services of Gerald
Brenneman, CPA or a similar tax professional In facllilatlng compliance wilh the terms of
this paragraph.
f) The parties agree to waive all right, title and Interest In and to receivables
previously paid to the other by various Company accounts Including but not limited to
the Wallace and Setzer checks and hereby specifically waive accounting and/or
, reimbursement from the other of any such payments received as of the date of
execution of this Agreement. The parties further waive reimbursement from the other
for any Company payments previoUSly made to any creditors and shall indemnify and
hold the other harmless from reimbursement for same. Except that the receivable due
and owing to the Company from Diversified In the approximate amount of $7,235.00
shall be divided equally between the parties.
g) WIFE shall Immediately, upon execullon of this Agreement, return to
HUSBAND the Corporate American Express card. WIFE agrees to be solely
responsible for timely payments of the outstanding balance on the Company American
Express card which balance approximates the amount of $2,700.00 and WIFE will
Indemnify and hold HUSBAND harmless from payment of same. WIFE warrants and
agrees that no other Company credit cards are In her or her employees' possession.
h) Both parties shall share equally any Iiabllily which arises for non-payment
of overtime to Company employees or any other employee related Issues which arise
for work performed prior to execution of this Agreement, or for any other legal causes of
action which arise prior to execution of this Agreement and for which the parties may
13
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hllve
no/(
~ nOW~qge'
es lInq/,o . Elich p I
r mo lilt"
n~set. ,shllhb
I) € Ue lInq oWl e equlIlly" '
her cllenl {fecllve Up ng fOr reso/ul eSPonslble ft
s IIllIlll. on tho et. Yon Of ~ Or PlIy,...
ros lIe C ate guch /. '''ent f
'Ponslble , Onlpany ~h Of eJ(ecu'J sS/Jes Sl. 0 lIttorne"
lOr a g all lIon f IIOUlq 's
lIrlSlng s ny service no longer 0 thIs -'1gr. they lIrls
II Ubsequent ' COsts, qa monage th eement, W/. e.
nq the C 10 this -'1 ma{)es 0 elr acco( f:E shah
Ompany ha greement a r causes Of Ints l1nq sh nOI/(y
j) rmless ft nq WI;:: action ah nOt b
Hu rOm h E shall Of Qny k e
Malntenan S8A,tvo Wal er operation InqemrJ/fy a Inq Othe'Wl.
ce In ves of s . nq s Se
WhiCh W/;::~ . c. 10 W/,t::E a all rlgh/, tll/e a,q aCCOl/nts lave ftUS8A,A''D
c;; has nq In anq I. naIl" 'Y.
HUS8-'1tvo an equltabl any other Co nterest he m espects.
harrf/l e oWn mpan ay hav
lIny klnq ess frOm ershlp Inte :v Currently e In Elite
' etc" arls anYeJ(Pe rest. WI;:: OWneq 0
bUSIness Ing from l. nse, loss E shalllnet. ' 'Perateq 0
entlly Iler op , qama emnl;;. r In
Inte nOt sp . eratlo 'ge, deb 'ya"q
reSt. WI;:: eClflcal1y n Of Elite., t, COSI save
E IV, menl' /VICilnl ' caus
speCIfically '" cNVes <111 rlghl . 10ned herein, enance, Inc e Of aCtion Of
. "entl ' 'YI/e fOr Wh " Or a
Interest. Hu Onect herein In . anq Interest s ICh She retai nYaqqlt/onal
et. S8A,tvo Wlllch he ma ns an
Clmage, et. shalllnet. HUs8A,N.'D :v have In oWnership
ebl c emnl(y rel any c
sUch cOmp 'os/, cause Of anq save 11;, alns a legal 0 Ompany nOt
any now. aCtion Of Y,t::E har. r equltf.lbl.
k) qnq In the' any klnq mless frOm e oWnersl..
801 fUtUr. ' etc. any flip
compl/. 'h Parti e. " anSlng ft eJ(Pens
~~ ~~ ~% ~~
qate Of e 'h the varlou to PrOVlqe operation Of '
J(eCutlo s Pro vis . eaCh oth any
n Of this IOns off:> er. With
I) -'1gree Clragr. Wrlt,en
nOt be In I". 80th Parties h ment anq at rea aph 16 Within fou verIfication Of th
I le'r be aVe be sonabl . rteen ( elr
Stlf}l on fe 11m 14) d-
erestto slg ClqVISeq by th es thereafte ays Of the
n this A, elr res r.
gree,.,., Pect/o~e
"Ientl cou
n View nSelth
Of the I at It ,.,.,
Inco . 'lay
mPlete Inft
Or mal/on
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become the sole and exclusive 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 account, 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.
19. MARITAL DEBTS.
The parties acknowledge that they have previously divided the obligations and
payments required thereof of any debts and obligations arising during the marriage and
in accordance therewith any obligation being paid by a party shall continue to be so paid
and said party shall indemnify, protect and save the other party harmless therefrom.
Specifically, WIFE agrees to be solely liable for timely payment and satisfaction of the
loan to her brother through Dauphin Deposit, all credit cards in her name, the debt due
and owing to Imprint Warehouse in the amount of $252.00, and those obligations
described In paragraphs 13, 15, 16(b) and 16(c) of this Agreement and WIFE shall
indemnify and hold harmless HUSBAND from all efforts by creditors to enforce these
debts against HUSBAND. HUSBAND agrees to be solely responsible for timely
payment and satisfaction of all credit cards in HUSBAND's name and those obligations
otherwise described In this Agreement and HUSBAND shall Indemnify and hold WIFE
harmless from all efforts of creditors to enforce these debts against WIFE. All credit
cards In WIFE's name are WIFE's responsibility and all credit cards In HUSBAND's
name are HUSBAND's responsibility.
A liability not disclosed In this Agreement will be the sole responsibility of the
party who has incurred or may hereafter incur it, and each agrees to pay It as the same
16
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limited to IRS Form 8332, the parties shall cooperate fully to effectuate the purposes of
this paragraph.
22. HEALTH INSURANCE FOR THE CHILDREN.
Both parties agree to secure health Insurance coverage for their minor children
Hannah and Courtney Nealy. The parties further shall cooperate In the determination of
primary and secondary coverage for the minor children and shall divide equally any and
all uninsured medical expenses arising from the medical care of the children.
Verification of each parent's medical Insurance coverage for the children shall be
provided to the other within thirty (30) days of execution of this Agreement and at
reasonable times thereafter.
23. WAIVER OF INHERITANCE.
Each of the parties hereto does specifically waive, release, renounce and forever
ablmdon any right, title, Interest or 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.
24. 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 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 "nd save HUSBAND harmless from any and all claims or demands made
against him by reason or obligations Incurred by her.
18
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, '
25. HUSBAND'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.
26. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be
dischargeable in bankruptcy consistent with 11 USC 523(a)5 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 to terminate this Agreernentln which
event the division of the parties' marital assets and all other rights determined by this
Agreement shall be subjected to court determination the same as il this Agreement had
never been entered Into.
27. SOCIAL SECURITY BENEFITS.
The parties agree that subject to the rules and regulations e,1 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 part to a divorce after a
marriage of ten (10) years or more In duration, II the parties' marriage is determined to
be of ten (10) or more years In duration.
19
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Count I . Dlvoro.
7. The allegations of Paragraphs 1 through 6 are Incorporated herein by
reference and made a part thereof.
8. This action Is not brought through collusion between the Plaintiff and
. Defendant, but In sincerity and truth for the reasons set forth within.
9. The marriage Is Irretrievably broken, and the parties are proceeding
under Section 3301 (c) of the Divorce Code. In the alternative, Defendant has offered
suCh Indignities to Plaintiff, the Innocent and Injured spouse, as to render his condition
Intolerable and his life burdensome.
10. Plalnllff has been advised that counseling Is available and that Plaintiff
may have the right to request that the Court require the parlles to participate In
counseling.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree
dissolving the marrllilge between Plaintiff and Defendant.
Count II . Equitable Distribution
11. Paragraphs 1 through 10 of this Complaint are Incorporated herein by
reference as If set forth at length.
12. The parties halle acquired, during the course of the marriage and prior to
separation, property, both real and personal, which they own jointly or which was
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18. Plaintiff has retained an attorney to prosecute this action and has agreed
to pay him a reasonable fee.
19. Plaintiff has Incurred and wllllnclJr costs and expenses In prosecuting this
action.
20. Plaintiff Is not financially able to meelthe expenses and costs of
prosecuting this action or the fees to which his attorney will be entitled In this case.
21. Plaintiff requests this Honorable Court to enter an award of Interim
counsel fees. costs and expenses unlll final hearing and thereupon such additional
counsel fees, costs and expenses as deemed appropriate.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of
the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's
reasonable counsel fees, costs and expenses.
Count V . Custody
22. The allegations of Paragraphs 1 through 21 are Incorporated herein by
reference and made a part hereof.
23. Plaintiff Is seeking primary physical custody of the minor children:
Courtney Nealy, who was born on May 21, 1992, and Hannah Nealy, who was born on
November 7, 1995.
The children were not born out of wedlock.
The children are presently In the custody of both parties on a shared custody
basis.
During the past five years, the children have resided with the following persons
and at the following addresses:
a. 18 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania, with both
parties.
24. The relationship of the Plaintiff to the children Is that of Father. The
Plaintiff currently resides with the following persons:
Courtney Nealy Daughter
Hannah Nealy Daughter
25. The relationship of the Defendant to the child Is that of Mother. The
Defendant currently resides with the following persons:
Courtney Nealy Daughter
Hannah Nealy Daughter
26. Plaintiff has not participated as a party or witness, or in another capacity,
In other litigation conCtlrnlng the custody of the children In this or another court.
Plaintiff has no Information of a custody proceeding concerning the children
pending In a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceeqlngs who has
physical custody of the children or claims to have custody or visitation rights with
respect to the children.
27. The best Interest and permanent welfare of the children will be served by
granting the Plaintiff primary physical custody.
WHEREFORE, Plaintiff reque$ts the Court to grant him primary physical custody
of the minor children.
RESPECTFULLY SUBMITTED,
o.~:~
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Char es Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hili, PA 17011-6912
(717) 761-8101
Attorney for the Plaintiff
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TODD T. NEALY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LA W
TAMMY L. NEALY,
Defendant/Respondent
NO. 98-2071 Civil Term
PETITION TO ENFORCE DIVORCE DECREE
Petitioner, by his attorney, Timothy J. O'Connell, Esquire, respectfully represents
as follows:
1. Petitioner is Todd T. Nealy who resides at 18 Chestnut Drive, Carlisle,
Pennsylvania 17013.
2. The respondent is Tammy L. Nealy/Schmiedel who resides at 1265 Fern
Road, Harrisburg, Pennsylvania 17112.
3. Petitioner and respondent were formerly husband and wife, having been
divorced by decree of this court to the above captioned term and number on February 9,
1999. A true and correct copy of the decree in divorce is attached hereto and marked
Exhibit A.
4. On January 27, 1999, the parties entered into a property settlement
agreement in which respondent agreed to pay certain tax obligations due and owing to the
Pennsylvania Department of Revenue for the operation of the parties' jointly owned
business known as "Sparkling Cleaning Service." A true and correct copy of the parties'
property settlement agreement is attached hereto and marked Exhibit B.
5. The tax obligations respondent agreed to assume were set forth in 16(b) of
the agreement which states:
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b) The parties acknowledge that various amounts are due and
owing to the Pennsylvania Department of Revenue by the Company which
amounts include, but may not be limited to, Sales Tax from August of
1997 to present and Employer Withholding taxes in the amount of $40.00
for the tax year 1997 and in the amount of$4,814.98 through September
30, 1998. WIFE agrees to assume sole responsibility for all paYments due
and owing to the Pennsylvania Department of Revenue including the
above-described and further agrees to cooperate in every respect with
Patsy Ross of The Pennsylvania Department of Revenue (telephone
number 412-565-2477). WIFE shall further assume sole responsibility for
the filing of delinquent Sales Tax reports and in otherwise fulfilling the
Company's tax obligations with the Commonwealth of Pennsylvania. By
way of clarification, WIFE's obligations as above-described shall be
capped in the amount of$23,500.00. WIFE agrees to indemnify and save
HUSBAND harmless from paYment of said taxes up to the amount of
$23,500.00. If the Company's total tax obligations to the Commonwealth
of Pennsylvania are determined to be less than $23,500.00, WIFE shall
pay the difference directly to HUSBAND in the form of a non-taxable
equitable distribution payment in lieu of alimony. HUSBAND shall
assume sole responsibility for any tax obligation to the Commonwealth of
Pennsylvania which exceeds the amount of $23,500.00. The parties shall
cooperate with one another to facilitate compliance with this paragraph.
6. Respondent failed to pay the obligations set forth in paragraph 5 as set
forth in the property settlement agreement.
7. On October 29,2001, a civil action was commenced by means of a writ of
summons in the Court of Common Pleas of Cumberland County to No. 01-6191 by
petitioner against respondent as a result of respondent's failure to pay the obligations set
forth herein.
8. On December 26, 2002, the parties entered into an addendum to the
property settlement agreement in which the respondent again agreed to assume
obligations owed to the Department of Revenue and specifically identified the total
principal tax due, excluding interest as Fifteen Thousand Seventy-nine and 26/1 00
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($15,079.26) Dollars. A true and correct copy of the addendum to the property
settlement agreement is attached hereto and marked Exhibit C.
9. Respondent further agreed in the addendum to deposit into escrow with
her attorney the sum of $23,500.00 for the purpose of allowing her attorney to negotiate a
compromise, ifpossible, with the Department of Revenue and pay the principal and
interest resulting from the agreement made with the Department. As a result of this
agreement, the civil action docketed to 01-6191 was discontinued.
10 The respondent has willfully failed and refused to pay any of the sums to
the Department of Revenue as agreed by the parties in their property settlement
agreement and the addendum thereto.
11. Respondent has failed to deposit with her attorney the sum of $23,500.00
or any other sum for the purpose of negotiation and payment of the amount owed the
Department of Revenue agreed by the parties.
12. On or about June 15" 2003, the respondent sent a check in the amount of
$10,000.00 to the Department of Revenue for payment on the obligations set forth herein.
The check was returned for insufficient funds. A true and correct copy of the check and
notice are attached hereto and marked Exhibit D.
13. There is currently due and owing the Department of Revenue the
following amounts which respondent is obligated to pay by the terms of the agreement
and addendum:
Acct. ID Per End Tax Penalty Interest Balance
21530236 01/31/98 $3,025.31 $1,328.47 $1,687.66 $6,041.44
21530236 02/28/98 $1,389.94 $ 549.37 $ 774.80 $2,714.11
21530236 03/31/98 $1,083.87 $ 807.03 $ 785.28 $2,676.18
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A true and correct copy of the Department of Revenue Statement of Account is
attached hereto and marked Exhibit E.
14. Paragraph 39 of the parties' property settlement agreement provided for
remedies in the event of breach by either party as follows:
If for any reason either HUSBAND or WIFE fails to perform his or
her obligations hereunder owed to or for the benefit of the other 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 to 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 the 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 thereofby any other similar
laws, which remedies shall include, but not be limited to:
(1) the entry of judgement;
(2) 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;
(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
assure compliance with the obligations 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
4
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order thereof 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;
(8) the attachment of the breaching party's wages.
(d) Any other remedies provided for in law or in equity.
15. Respondent's failure to make the payments to the Department of Revenue
as set forth in the agreement constitutes a willful breach of the agreement.
16. Petitioner has incurred, and will continue to incur, counsel fees and costs
because of respondent's failure to and refusal to perform her obligations under the
agreement.
WHEREFORE, pursuant to 23 Pa. C.S.A. 3502(e), petitioner respectfully requests
this Honorable Court to grant the following relief:
(1) entry of judgment against the respondent for the amount of taxes, penalties
and interest owed on the tax accounts identified herein;
(2) find the respondent in contempt;
(3) award counsel fees and costs;
(4) attach the wages or income of the respondent.
Respectfully submitted,
Timoth J. 'onnell, Esquire
TURNER ND O'CONNELL
4415 North Front Street
Harrisburg, PAl 711 0
717/232-4551
Attorney for Petitioner Todd T. Nealy
5
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Verification
I verify that the statements made in the foregoing Petition are true and correct. I
understand false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
Date:~
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Todd T. Nealy
No. 2071 Civil Term 1998
Plaintiff
VERSUS
Tammy L. Nealy
Defendant
DECREE IN
DIVORCE
02:10 PM
AND NOW, February 9
1999
, IT IS ORDERED AND
DECREED THAT
Todd T. Nealy
, PLAI NTI FF,
AND
Tammy L. Nealy
, 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;
None. The written MarriaQe Settlement AQreement executed by the parties is attached
hereto and incorporated into this Decree for enforcement purposes only pursuant to
Section 3105 of the Pennsylvania Divorce Code.
By THE COURT:
Edward E. Guido
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Exhibit B
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MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT made this .ti- day of
"'L-r,..-;,_.,,L--'t.- "'..A
, 1999, by and
between
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Todd 1. Nealy ("HUSBAND")
and
Tammy L. Nealy ("WIFE")
WITNESSETH:
WHEREAS, the parties hereto are HUSBAND and WIFE, having been married
on March 24, 1990, in Cumberland County, Pennsylvania. There were two (2) children
born of this marriage, Courtney Nealy (DOB 5/21/91) and Hannah Nealy (DOB 1117194)'l '(\
WHEREAS, diverse and unhappy differences, disputes and difficulties have . I \
arisen 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 hereto are desirous
of settling fully ~nd finally their respective financial and property rights and. obligations as
between each other including, without 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; anc 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,
Exhibit A
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WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree
as follows:
1. INCORPORA liON 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 rights 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. The parties acknowledge that their marriage is
irretrievably brdken and that they shall secure a mutual consent no-fault divorce
pursuant to the terms of Section 3301 (c) of the Divorce Code in HUSBAND'S
Cumberland County divorce action docketed to number 98-2071. Upon the signing of
this Agreement, the parties shall execute and file all documents and papers, including
affidavits of consent, necessary to finalize said divorce and shall, through their
respective counsel, cause the withdrawal of all related economic claims, the cancellation
of the Contempt proceedings scheduled for February 3, 1999, and the alimony Dendente
lite hearing.
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3. EFFECT OF DIVORCE DECREE.
The parties agree that 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.
4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The parties agree that the terms of this Agreement shall be incorporated into any
Divorce Decree which may be entered with respect to them.
5. NON-MERGER.
It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each
party maintains his or her contractual remedie~ as well as court ordered remedies as the
result of the aforesaid incorporation or as otherwise provided by law or statute. Those
remedies shall include, but not be limited to, damages resulting from breach of this
Agreement, specific enforcement of this Agreement and remedies pertaining to failure to
comply with an order of court or agreement pertaining to equitable distribution, alimony,
alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce
Code or other similar statutes now in effect and as amended or hereafter enacted.
6. 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.
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7. 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.
8. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Charles Rector, Esquire for HUSBAND, and
Theresa Barrett-Male, Esquire for WIFE. The parties acknowledge that they have
received independent legal advice from counsel of their selection and that they fully
understand the facts and have been fully informed as to their legal rights and obligations
and they acknowledge and accept that this Agreement is, in the circumstances, fair and
I
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 an~1 collusion or
improper or illegal agreement or agreements.
9. FINANCIAL DISCLOSURE.
The parties confirm that each party has made a full and fair disclosure to the
other of all assets, debts and incomes and that each has relied on the substantial
accuracy of the financial disclosure of the other, as an inducement to the execution of
this Agreement.
10. 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
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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 otheNllise, Both parties understand
that they have the right to have a court held 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. Both parties
hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all marital and non-
marital 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.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure.
e. 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, and to set aside to a party that property which the court
determines to be that party's non-marital property.
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f. The right to have the court decide any other rights, remedies, privileges,
or obligations covered by this Agreement and/or arising out of the marital relationship,
including but not limited to possible claims for divorce,~ ,;1.:1 or spousal support, alimony, 7... ~~~ ~
alimony Pendente Lite (temporary alimony), equitable distribution, ,-u,lI:ld), visitation, .5 blil
and counsel fees, costs and expenses. \\'J.\\q~
11. PERSONAL PROPERTY.
The parties acknowledge that they have previously agreed to a division of all of
their tangible personal property including, but not limited to, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books,
works of art and other tangible personal property. With respect to said division the
parties agree that HUSBAND shall receive as his sole and separate property all items
currently in his possession and WIFE shall receive as her sole and separate property all
items of tangible personal property in her possession. Each of the parties hereto docs
waive, release,: and forever abandon any right and all title, interest and Claim, in and to
the tangible personal property to become the property of the other party pursuant to the
terms of this paragraph.
12. AFTER-ACQUIRED 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, with or without non-marital assets, after the date of this Agreement, 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,
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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.
13. DIVISION OF VEHICLES.
With respect to the vehicles owned by one or both of the parties, or the net
proceeds or value derived from any prior sale or trade-in thereof, they agree as follows:
HUSBAND waives all right, title and interest he may have in the 1994 BMW and
the 1998 Chevrolet Corvette to WIFE. WIFE agrees to assume sole responsibility for
the loan balance currently due and owing on the BMW and for the balance of the
Corvette lease payment due and owing to Dauphin Deposit Corporation, and to
indemnify and save HUSBAND harmless from payment of said debts. WIFE agrees to
waive all right, title and interest she may have in the 1997 Chevrolet Suburban, the 1998
I
Geo and the Company van to HUSBAND. HUSBAND shall assume sole responsibility
for payments due and owing to the GMC Corporation for the Suburban lease and the
loan balance doe and owing to GMC Corporation for the 1998 Geo. HUSBAND further
agrees to indemnify and save WIFE harmless from payment of said debts.
HUSBAND further waives all right, title and interest he may have in the
Waverunner and the 1992 Starcraft Pontoon Boat to WIFE. In consideration thereof,
WIFE shall assume sole responsibility for the loan balance for the Waverunner due and
owing to Wilmington Trust and WIFE shall indemnify and save HUSBAND harmless
from same.
Each party shall attempt to immediately remove the other party from joint lease
obligations on the aforementioned vehicles. To the extent, however, that the leasing
7
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companies do not cooperate in the removal of the parties from one or more of the lease
obligations, the contents of this Agreement shall nonetheless remain fully enforceable.
The titles or assignment of any lease agreements 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/assignments 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 or lease
agreement to the vehicle is unavailable due to financing arrangements or otherwise. In
the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in
the party receiving said vehicle as his or h~r property shall take it subject to said lien,
encumbrance, lease or other indebtedness and shall be solely responsible therefor and
said party further agrees to indemnify, protect and save the other party harmless from
said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does
specifically waive, release, renounce and forever abandon whatever right, title and
interest he or she may have in the vehicle(s) that shall become the sole and separate
property of the other pursuant to the terms of this Paragraph.
14. DIVISION OF REAL ESTATE.
It is acknowledged that the parties hereto are the owners of certain real property
known and numbered as 18 Chestnut Drive, Carlisle, Cumberland County,
Pennsylvania, 17013. WIFE agrees that as part of this Marriage Settlement Agreement,
she will convey all of her right. title and interest in and to said property to HUSBAND.
WIFE further agrees to execute and deliver a Deed conveying her interest in said
property to HUSBAND contemporaneously with the execution of this Agreement. In
8
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consideration thereof, HUSBAND agrees to assume sole responsibility for payment of
the first mortgage obligation due and owing to PNC Corporation (the PNC line of credit),
all property taxes, insurance premiums and any and all other costs associated with the
home, and HUSBAND shall indemnify and save WIFE harmless from payment of these
obligations.
It is further acknowledged that the parties are joint owners of a mobile home
located in Delaware known as the "beach house." HUSBAND agrees to transfer all
right, title and interest he may have in and to said mobile home to WIFE
contemporaneously with the execution of this Agreement. HUSBAND's attorney shall
escrow the signed registration to the mobile home until notified to tender same to the
finance company selected by WIFE to effectuate financing of the lump sum payment
due and owing to HUSBAND pursuant to Paragraph 15.
15. MONETARY PAYMENT.
In consideration of the distribution of the marital assets set forth in this
Agreement, WIFE agrees to pay directly to HUSBAND the lump sum of $20,000.00
within forty-five (45) days of execution of this Agreement which payment shall be
considered by the parties to be a non-taxable equitable distribution payment in lieu of
alimony.
16. SPARKLING CLEANING SERVICE.
a) The parties acknowledge that they are joint owners of the business
known as Sparkling Cleaning Service (hereinafter referred to as "the Company"), a sole
proprietorship which provides cleaning services to various clients, hereinafter described
as "accounts." WIFE waives all right, title and interest she may have in and to the
9
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Company to HUSBAND except that WIFE shall be entitled to receive the Giant,
Diversified and HUD Accounts all of which are or were Company accounts. HUSBAND
waives all right, title and interest he may have in and to said accounts and/or monies
derived therefrom henceforth. In consideration thereof, WIFE agrees to indemnify and
save HUSBAND harmless from any and all debts, costs, losses, causes of action, legal
proceedings of any kind, etc., associated with the operation by her of said accounts.
WIFE specifically waives all right, title and interest she may have in and to all Company
accounts not specifically mentioned herein, and further waives all right, title and interest
she may have in and to all Company assets including, but not limited to, inventory and
business equipment, including the computer, and any good will value associated
therewith. Except as otherwise contained in this Agreement, HUSBAND agrees to
indemnify and save WIFE harmless from any and all debts, costs, losses, causes of
action, legal proceedings of any kind, etc. associated with his operation of the Company
and its' accounts henceforth. The parties further agree that neither party shall solicit
existing clients nor current employees from the other for the period of twenty-four (24)
months following execution of this Agreement.
b) The parties acknowledge that various amounts are due and owing to the
Pennsylvania Department of Revenue by the Company which amounts include, but may
not be limited to, Sales Tax from August of 1997 to present and Employer Withholding
taxes in the amount of $40.00 for the tax year 1997 and in the amount of $4,814.98
through September 30, 1998. WIFE agrees to assume sole responsibility for all
payments due and owing to the Pennsylvania Department of Revenue including the
above-described and further agrees to cooperate in every respect with Patsy Ross of
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the Pennsylvania Department of Revenue (telephone number 412-565-2477). WIFE
further shall assume sole responsibility for the filing of delinquent Sales Tax reports and
in otherwise fulfilling the Company's tax obligations with the Commonwealth of
Pennsylvania. By way of clarification, WIFE's obligations as above-described shall be
capped in the amount of $23,500.00. WIFE agrees to indemnify and save HUSBAND
harmless from payment of said taxes up to the amount of $23,500.00. If the Company's
, total tax obligations to the Commonwealth of Pennsylvania are determined to be less
than $23,500.00, WIFE shall pay the difference directly to HUSBAND in the form of a
non-taxable equitable distribution payment in lieu of alimony. HUSBAND shall assume
sole responsibility for any tax obligation to the Commonwealth of Pennsylvania which
exceeds the amount of $23,500.00. The parties shall cooperate with one another to
facilitate compliance with this paragraph.
c) WIFE further agrees to pay the sum of $10,069.66 to Doyle Ivy as and for
delinquent Company insurance premium obligations either in one lump sum or through a
payment plan acceptable to Doyle Ivy and shall indemnify and hold HUSBAND harmless
from payment of same. To the extent that the amounts owed are less than $10,069.86,
WIFE shall pay the difference to HUSBAND in a lump sum non-taxable equitable
distribution payment in lieu of alimony. HUSBAND shall pay the amounts due and
owing to Doyle Ivy which exceed said amount and shall indemnify and hold WIFE
harmless from payment of same. WIFE further agrees to pay in full the debt due and
owing to Reinhardt Supply in the amount of $116.21 and to indemnify and save
HUSBAND harmless from payment of same.
11
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d) HUSBAND agrees to assume any and all outstanding federal, state and
local tax obligations due and owing by the Company, the business line of credit through
PNC Bank, the Trout & Associates bill, one-half (1/2) of the Gerald Brenneman, CPA
bill, the Bortek bill, the Thomas sewing bill, the radio advertising bill, and any other
Company obligations not specifically mentioned in this Agreement... and HUSBAND shall
indemnify and save WIFE harmless from payment of same. HUSBAND represents and
warrants to WIFE that he borrowed funds from his parents to satisfy the following debts:
. Federal 940 and 941 taxes through the second quarter of 1998
. Federal 941 taxes for the third quarter of 1998
. Pennsylvania Unemployment Compensation taxes through the
third quarter of 1998
. Pennsylvania taxes (501) through the third quarter of 1998
. West Shore Area local taxes through the third quarter of 1998
Based on WIFE's payments asset forth in paragraphs 15, 16(b) and (c),
HUSBAND shall not seek contribution nor indemnification from WIFE for repayment of
the above deb~~ preViously paid by his parents and shall otherwise hold WIFE harmless
from repayment of said obligations.
e) The parties shall cooperate in the preparation of Form 1040, Schedule C
for the tax year 1998, and shall otherwise cooperate in the preparation and filing of a
joint tax return for said 1998 tax year. The parties shall be responsible for their
individual federal, state and local tax obligations in direct proportion to their respective
cash draws of 1998 year net profits derived from Sparkling Cleaning Service. To the
extent that any additional taxable income was received by either party in 1998, any
related increase in the parties' tax liability shall be borne exclusively by the party
receiving said additional taxable income and said party shall indemnify and save
harmless the other from payment of same. Each party shall be entitled to receive the
12
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portion of any tax refund, if received, in proportion to his/her respective allocated and
unallocated incomes. The parties further agree to utilize the services of Gerald
Brenneman, CPA or a similar tax professional in facilitating compliance with the terms of
this paragraph.
f) The parties agree to waive all right, title and interest in and to receivables
previously paid to the other by various Company accounts including but not limited to
the Wallace and Setzer checks and hereby specifically waive accounting and/or
reimbursement from the other of any such payments received as of the date of
execution of this Agreement. The parties further waive reimbursement from the other
for any Company payments previously made to any creditors and shall indemnify and
hOld the other harmless from reimbursement for same. Except that the receivable due
I
and owing to the Company from Diversified in the approximate amount of $7,235.00
shall be divided equally between the parties.
g) WIFE shall immediately, upon execution of this Agreement, return to
HUSBAND the Corporate American Express card. WIFE agrees to be solely
responsible for timely payments of the outstanding balance on the Company American
Express card which balance approximates the amount of $2,700.00 and WIFE will
indemnify and hold HUSBAND harmless from payment of same. WIFE warrants and
agrees that no other Company credit cards are in her or her employees' possession.
h) Both parties shall share equally any liability which arises for non-payment
of overtime to Company employees or any other employee related issues which arise
for work performed prior to execution of this Agreement, or for any other legal causes of
action which arise prior to execution of this Agreement and for which the parties may
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have no knowledge. Each party shall be equally responsible for payment of attorneys
fees and/or monies due and owing for resolution of such issues should they arise.
i) Effective upon the date of execution of this Agreement, WIFE shall notify
her clients that the Company shall no longer manage their accounts and shall not be
responsible for any service, costs, damages or causes of action of any kind otherwise
arising subsequent to this Agreement and WIFE shall indemnify and save HUSBAND
and the Company harmless from her operation of said accounts in all respects.
j) HUSBAND waives all right, title and interest he may have in Elite
Maintenance, Inc. to WIFE and in any other company currently owned, operated or in
which WIFE has an equitable ownership interest. WIFE shall indemnify and save
HUSBAND harmless from any expense, loss, damage, debt, cost, cause of action of
I
any kind, etc., arising from her operation of Elite Maintenance, Inc., or any additional
business entity not specifically mentioned herein for which she retains an ownership
,
interest. WIFE waives all right, title and interest she may have in any company not
specifically mentioned herein in which HUSBAND retains a legal or equitable ownership
interest. HUSBAND shall indemnify and save WIFE harmless from any expense, loss,
damage, debt, cost, cause of action of any kind, etc., arising from his operation of any
such company now and in the future.
k) Both parties agree to provide each other_with written verification of their
compliance with the various provisions of Paragraph 16 within fourteen (14) days of the
date of execution of this Agreement and at reasonable times thereafter.
I) Both parties have been advised by their respective counsel that it may
not be in their best interest to sign this Agreement in view of the incomplete information
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available regarding their business expenses, including tax liabilities due and owing for.
the tax year 1998. Knowing all of this the parties, by their signatures herewith,
nonetheless desire to proceed to formalize their settlement in all respects including the
aforesaid paragraphs and to cooperate fully to attempt to resolve all outstanding tax
related issues.
17. EACH PARTY RETAINS OWN PENSION PLANS.
Each of the parties does specifically waive, release, renounce and forever
abandon all of his or her 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 whose name or
through whose employment said plan is carried.
18. 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, 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 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
15
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become the sole and exclusive 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 account, 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.
19. MARITAL DEBTS.
The parties acknowledge that they have previol;Jsly divided the obligations and
payments required thereof of any debts and obligations arising during the marriage and
in accordance therewith any obligation being paid by a party shall continue to be so paid
and said party shall indemnify, protect and save the other party harmless therefrom.
Specifically, WIFE agrees to be solely liable for timely payment and satisfaction of the
loan to her brother through Dauphin Deposit, all credit cards in her name, the debt due
and owing to Imprint Warehouse in the amount of $252.00, and those obligations
described in paragraphs 13,15, 16(b) and 16(c) of this Agreement and WIFE shall
indemnify and hold harmless HUSBAND from all efforts by creditors to enforce these
debts against HUSBAND. HUSBAND agrees to be solely responsible for timely
payment and satisfaction of all credit cards in HUSBAND's name and those obligations
otherwise described in this Agreement and HUSBAND shall indemnify and hold WIFE
harmless from all efforts of creditors to enforce these debts against WI FE. All credit
cards in WIFE's name are WIFE's responsibility and all credit cards in HUSBAND's
name are HUSBAND's responsibility.
A liability not disclosed in this Agreement will be the sole responsibility of the
party who has incurred or may hereafter incur it, and each agrees to pay it as the same
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shall become due. Each party agrees to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations and liabilities assumed
by a party pursuant to this Paragraph. From the date of execution of this Agreement,
each party shall use only those credit cards and accounts for which the party is
individually liable and the parties agree to cooperate in closing any remaining accounts
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which provide for joint liability.
2Q. CUSTODY.
The parties will continue to share legal and physical custody of the children
(Courtney, DOB 5/21/91 and Hannah DOB 11/7/94) pursuant to the Custody Order of
July 13, 1998. The parties agree to forego a custody evaluation. Shared custody will
contemplate shared time on the children's birthdays and holidays (Easter, Memorial
I
Day, July 4th, Labor Day, Thanksgiving and Christmas). The children will utilize the
Chestnut Drive property for school enrollment purposes. The parties may, from time to
time, modify the shared physical custody arrangement with a view to ac'commodating
the children's schedules and maintaining the children's close and meaningful
relationship with the other parent.
21.
DEPENDENCY EXEMPTIONS.
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Father shall be entitled to claim Hannah as a dependency, e;;mption pursuant tz ) iJ-l Jq ~
Internal Revenue Service Code Section 152( e) for the tax year t99lt and each and .) l\\..tJ \q~
every year thereafter. Mother shall be entitled to claim Courtney for dependency O\\d1\
exemption purposes for the tax year 1998 and each year thereafter. To the extent that
any additional documents are required to facilitate this paragraph, including but not
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limited to IRS Form 8332, the parties shall cooperate fully to effectuate the purposes of
this paragraph.
22. HEALTH INSURANCE FOR THE CHILDREN.
Both parties agree to secure health insurance coverage for their minor children
Hannah and Courtney Nealy. The parties further shall cooperate in the determination of
primary and secondary coverage for the minor children and shall divide equally any and
all uninsured medical expenses arising from the medical care of the children.
Verification of each parent's medical insurance coverage for the children shall be
provided to the other within thirty (30) days of execution of this Agreement and at
reasonable times thereafter.
23. WAIVER OF INHERITANCE.
Each of the parties hereto does specifically waive, release, renounce and forever
abandon any right, title, interest or 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.
24. 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 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 save HUSBAND harmless from any and all claims or demands made
against him by reason or obligations incurred by her.
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25. HUSBAND'S DEBTS.
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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.
26. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be
dischargeable in bankruptcy consistent with 11 use 523(a)5 anc~ expressly agree to
reaffirm any and all obligations contained herein. In the event a party files such
bankruptcy am;! 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 subjected to court determination the same as if this Agreement had
never been entered into.
27. 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 part 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.
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28. INCOME TAX PRIOR RETURNS.
Except as otherwise agreed upon by the parties in paragraph 16 of this
Agreement, if any deficiency in the parties' previously filed federal, state or local income
tax is proposed, or any assessment of any such tax is made against the parties, each
party shall pay fifty (50%) percent of any tax, interest, penalty or expense assessed or
proposed to be assessed against them prior to settling or contesting any such claims.
Each shall pay fifty (50%) percent of all costs and expenses for defending any tax audits
relating to the parties' tax returns and tax liabilities, personally and with regard to
Sparkling Cleaning.
Within five (5) calendar days of either party's receipt of any deficiency notice or
other correspondence from the Internal Revenue Service, the Pennsylvania Department
of Revenue, or the local tax authority, the receiving party shall provide the other with a
copy of such notice and/or correspondence.
29. FINAL EQUITABLE 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, complete and equitable property division. The parties have negotiated this
Agreement with the understanding that the property transfers described in this
Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and
as such will not result in the recognition of any gain or loss upon the transfer by the
transferor.
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30. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL
SUPPORT. COUNSEL FEES. MAINTENANCE 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 Dendente lite,
spousal support, maintenance, counsel fees and costs.
31. 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, carry on 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 attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her.
32. 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, from any and all rights, title and interest, or claims in or against
the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, 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 courtesy, or claims in the
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nature of dower or courtesy 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
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, 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 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.
33. 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.
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34. 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 documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
35. 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.
36. 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.
37. OTHER DOCUMENTATION.
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.
assigns, 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.
38. 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
23
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the right to 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.
39. BREACH.
If for any reason either HUSBAND or WIFE fails to perform his or her obligations
hereunder owed to or for the benefit of the other 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 to 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 the 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 be limited to'
(1) the entry of judgement;
24
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(2) 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;
(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 assure
compliance with the obligations 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 thereof
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;
(8) the attachment of the breaching party's wages.
(d) ~ny other remedies provided for in law or in equity.
40. 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 be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
25
\\~
\\~\~~
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1~I~r
41. LAW OF PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
42. HEADINGS NOT PART OF AGREEMENT.
Any heading 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 PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
IN WITNESS WHEREOF; the parties hereto have set their hands and seals the
. .
day and year first above writt
WITNESS:
~" .
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26
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STATE OF PENNSYLVANIA (
(
COUNTY OF CUMBERLA~p (SS.
On this, the ,Jj ~ay Of"f\,\'tut)i'~ ' 1999, before me the undersigned officer,
personally appeared Todd T.,' ealy known me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purposed therein contained.
IN WITNESS WHEREOF, I have hereunto set me hand and seal.
J~(
(
(
(
I NOTARIAL SEAL
I TAMMY S. WEABER, Notary Public
Lower Allen Twp.. GUfIlberfand County
: n~/I_::2~~sion Expires June 22. 2002
STATE OF PENNSYLVANIA
COUNTY OF {)A/{,JJJp,~'
tl "
. /". !~
.."l . \ ,
On this, the c/ 7 day of .1.'n..I(Jl1,,-j , 1999" before me the undersigned officer,
personally ap~eared Tam~ L. Nealy,' nown to me (or satisfactorily proven) to be the
person whose name is sub I cribed to the within instrument, and acknowledged that she
executed the same for the purposed therein contained.
58.
IN WITNESS WHEREOF, I have hereunto set me hand and seal.
NOTARIAL SEAL
TAMMY S. WEABER. Notary Public
Lower Allen Twp.. Cumberland County
My Commission Expires Juno 22. 2002
27
.\19J-11l
R293-H.j
nB2-1/l
PROl\tlISSORY NOTE
s
S20,OOO.00
Daled:
February 25
. 1999
Principal ,'\lI1uunr
Slate of
PA
I
I
FOR VALUE RECEIVED. the undersigned hereby jointly and severally promise to pay ro rhe order ("If
. the slim or
Twenty thousand
Dollars ('l, 0 ). together with interesl thereon at the rate ()f 7 c;. per annllmon
the unpaH.! halance. S&ig ~uqJ ~;1IP~e paid in the manner following:
Todd Nealy
Monthly payment of $396.02 to be paid on the 25th of each
month siarting the 25th of March for a term of &0 months.
,\11 payments shall be first applied to interest and the balance \0 principal. This note may be prepaid. at
any time. in whole or in part. without penalty. All prepayments shall be applied in reverse order of maturity.
This note shall at the option of any holder hereof be immediately due and paY:lble upon the failure to make
any payment due hereunder within 30 days of its due date.
III the event this note shall be in default. and placed with an attorney for collection. then the undersigned
agree to pay all reasonable attorney fees and costs of collection. Payments not made wilhin five (5) days of due d.'lle
shall be slIhject to a I:lle charge of 5 % of said payment. All payments hereunder sh,lill. be made to
such addn?ss as may from time to lime be designated by any holder hereof. . .;
The undersigned and all other parties to this note. whether as endorsers. guarantors or sureties. agree to
remain fully bound hereunder until this note shall be fully paid and waive demand. presentment and protest and all
notices lhnelo and further agree to remain bound, notwithstanding any eXlension. renewal. modification, waiver. or
other indvlgence by any holder or upon Ihe discharge or release of any ohligor hereunder or to this nole, or upon Ihe
exchange. -ubstitulion. or release of any collateral granted as security for Ihis note. No modificalion or indulgence
by :lny h(nler hereof shall be bin~ing unless in wriling; and any indulgence on anyone occasion stmll not be an
indulgencl for any other or future occasion. Any modification or change of terms. hereunuer gronled by any holder
hereor. shll be valid and binding upon each of Ihe under.~igned. notwithstanding the acknowledgment of ~ny of the
under~jgn' .1. and each of the undersigned unes hereby irrevocably grant 10 each of lhe others a power of Llttorncy 10
enter into IllY such modification on their behalf. The rights of any holder hereof shall be cumulative and not neces-
sarily ~IID ...ssive. This note shall take effect as a sealed instrument and shall be construed, governed and enforced in
accordam' with the laws of the State first appearing at the head of this note. The underl'igned hereby execute rhis
note as pP'lcipals and not as sureties.
*Thi'i document replaces the final
S;,:d;, ~'iA),2~~) & 16.
~~.IV~
WI ess
= otarl8 aa .
W hi Jr Nolary Public
~:lVid I a. Mifflin County . GUARANTY
r3ran ,lie Twp.. F b 17. :2000 ,
'.1y (' 'Jmrr ;510n E~plres P. . .
,.,,~ c.- 6,un' ersi~h--ed'tj%llf{~~ and severally guaranly the prompt and punctual payment of all moneys due
under the roresaid note and agree to remain bound until fully paid. '
settlement agr
IQitials
C JClJVYl!1)1Lc .
Borrower .
( .J ~t\1;yj.1A. J< I"\; (.L j
Borrower, .
In the pre' nee of:
Wilnf"~
Guarantor
\\'iln(",~
GlI:lr:lntnr
o lUUJ
Exhibit B
~ ~:.z l.t'R,Rl Fnrm!li. Refine "lIli 11"'(' lhi.. rllf111. h.-illl it. nil in :111 hl:III\,.., ,IIll1 mal... ..~hillt'\Cr ..:h:my.e.; ~n' m.n.....ar; Itl ~lIur pafllo."I.H
Ir;lu,,;U:linn. ['nn""11 .. ta",,:~C'r if }Ctll ,IIlUhl Ih\.' rr'rm"" tilJ1t.'C:;" rm y"ur rUTllI'''l' ;1!1~! "'I.', r>7 la.'~ilf F..n11" :1111' rhL' n."iIlIL'r I1I;lLl' '11'
n'rrClic-nWlinll nr W:Jno1my. ~'pr{"..... I1r ImphC'll. with r("I'l't:1 Il1lhc flll"rL"h:ml:lhilit:. III Ih." fitfUl ror;1O inllomll"d lI"l' ur fllUlllh,...
R~\' "':uJo:
ATHF
Loan Calculator Exhibit D
Enter Values Loan Summa
Loan Amount $ 20.000.00 Scheduled Payment $ 396.02
Annual Interest Rate 7.00 % Scheduled Number of Payments 60
Loan Period in Years 5 Actual Number of Payments 60
Number of Payments Per Year 12 Total Early Payments $
Start Date of Loan 3/25/1999 Total Interest $ 3,761.44
Optional Extra Pa ments
Lender Name: I I
Pmt Payment Beginning Scheduled Extra Total Ending
No. Date Balance Payment Payment Payment Principal Interest Balance
1 4/25/1999 $ 20,000.00 $ 396.02 $ $ 396.02 $ 279.36 $ 116.67 $ 19,720.64
2 5/25/1999 19,720.64 396.02 396.02 280.99 115.04 19,439.66
3 6/25/1999 19,439.66 396.02 396.02 282.63 113.40 19,157.03
4 7/25/1999 19,157.03 396.02 396.02 284.27 111.75 18,872.76
5 8/25/1999 18,872.76 396.02 396.02 285.93 110.09 18,586.82
6 9/25/1999 18,586.82 396.02 396.02 287.60 108.42 18.299.22
7 10/25/1999 18,299.22 396.02 396.02 289.28 106.75 18.009.94
8 11/25/1999 18,009.94 396.02 396.02 290.97 105.06 17.718.98
9 12/25/1999 17,718.98. 396.02 396.02; 292.66 103.36 17,426.31
10 1/25/2000 17,426.31 396.02 396.02 294.37 101.65 17,131.94
11 2/25/2000 17,131.94 396.02; 396.02 296.09 99.94 16,835.86
12 3/25/2000 16.835.86 . 396.02 396.02 297.81 98.21 16,538.04
13 4/25/2000 16,538.04 396.02 396.02 299.55 96.47 16,238.49
14 5/25/2000 16,238.49 396.02 396.02 301.30 94.72 15.937.19
15 6/25/2000 15,937.19 396.02 396.02 303.0q 92.97 15,634.13
16 7/25/2000 15,634.13 396.02 396.02 304.82 91.20 15.329.31
17 8/25/2000 15,329.31 396.02 396.02 306.60 89.42 15.022.70
18 9/25/2000 15,022.70 396.02 396.02 308.39 87;63 14,714.31
19 10/25/2000 . 14.714.31 396.02 396.02 310.19 85.83:' 14,404.12
20 11/25/2000 14,404.12q 396.02' 396.02 312.00 84.02 14,092.12
21 12/25/2000 14,092,1~ .... 396.02 396.02 313.82 82.20 13,778.30
22 1/25/2001 13,778.30; . 396.02 396~02 315.65 80.37 13,462.65
23 2/25/2001 13,462.65 396.02 396.02 317.49 . 78.53 13,145.16
24 3/25/2001 .,. 13.145.16 396.02 396.02 319.34 76.68 12,825.82
25 4/25/2001 . 12,825.82 396.02 396.02 321.21 74.82; 12.504~61
26 5/25/2001 12,504.61; 396.02 396.02 323.08 . 72.94 12.181.53
27 6/25/2001 12.181.59 396.02 396.02 324.97 71.06. 11,856.56
28 7/25/2001 11.856.56 ' 396.02 396.02 326.86 69.16 11,529.70
29 8/25/2001 11.529.70 396.02' 396.02 328.77 67.26 11,200.94-
30 9/25/2001 11,200.94 396.02 396.02 330.69 65.34 10.870.25
31 10/25/2001 10.870.25 396.02 396.02 332.61 63.41 10,537.64
32 11/25/2001 10,537.64' 396.02 396.02 334.55 61.47 10.203.08
33 12/25/2001 10.203.0~ 396.02 396.02 336.51 59.52 9,866.58
34 1/25/2002 9,866.58 396.04 396.02 338.41 57.~6 9.528.11
35 2/25/2002 9.528.11 , 396.02' 396.02 340.~ 55.58 9.187.66
3!3 3/25/2002 9,187.66 396.02 396.02 342.43 53.59 8,845.23
..az.. 4/25/2002 8,845.2B.:" 396..9,? 396~q? .. 344.43 51.60 8,500.81
38 5/25/2002 8,500.81/ 396.02 396.02 346.44 49.59 8,154.37
39 6/25/2002 8,154.37 396.02 396.0? 348.46 47.57 7,805.92
40 7/25/2002 7,805.9? 396.02 396.02 350.49 45.53 7,455.43
41 8/25/2002 7,455.43, . 396.02 396.02 352.53 43.49 7,102.89
42 9/25/2002 7.102.89. 396.02 396.02 354.59 41.43 6,748.30
43 1 0/25/2002 6.748.39 396.02 396.02 356.66 39.37,' 6.391.64
44 11/25/2002 6,391.64 396.02. 396.02 358.74 37.28. 6,032.90
45 12/25/2002 6.032.90 396.02 396.02 360.83 35.19 5,672.{)7
46 1/25/2003 5,672.07 396.02 396.02 362.94 33.09 5.309.13
47 2/25/2003 5.309:13< 396.02 396~d2 . 365.05' 30.97..' 4,944.0~
48 3/25/2003 4.944.08 396.9~ 396.02 . 367.18 28.84 4,576.90
49 4/25/2003 4,576.9Q 396.02. 396.QZ 369~33 26.70 4,207.~
50 5/25/2003 4,207.57 396.02< 396~0? 371.48 24.54- 3.836.09
51 6/25/2003 3.836.09 396.02 396.02 373:65 22.38 3,462'44
52 7/25/2003 3,462.44 396,02 396.02 375.83 20.20 3,086.6.2
53 8/25/2003 3,086.62 396.02 396.02 378.02 18.01 2,708.60
54 9/25/2003 2,708.60 396.02 396.02 380.22 15.80 2,328.38
55 10/25/2003 2,328.38 396.02 396.02 382.44 13.58 1,945.93
56 11/25/2003 1.945.93 396.02 396.02 384.67 11.35 1,561.26
Exhibit C
Pmt
No.
Payment
Date
Beginning
Balance
57 12/25/2003 1,561.26
58 1/25/2004 1,174.34
59 2/25/2004 785.17
60 .,}!?~/2004 . ,..., _m_m _...?,~?:.?~".,...
Scheduled
Payment
396.02
396.02
396.02
396.02
Extra
Payment
l'
"
Total
Payment
396.02
396.02
396.02
393.73
Principal
386.92
389.17
391.44
391.43
.,- .......,.,~.................... ..
Interest
9.11
6.85
4.58
2.30
Ending
Balance
1,174.34
785.17
393.73
0.00
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ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT
THIS ADDENDUM entered into the day hereinafter set forth, by and between Todd T.
Nealy (hereinafter referred to as "Husband") and Tammy L. Nealy/Schmiedel (hereinafter
referred to as "Wife").
WITNESSETH
WHEREAS, the parties hereto were formerly Husband and Wife, having been married on
March 24, 1990, and having been divorced on February 9, 1999.
WHEREAS, the parties entered into a comprehensive Marriage Settlement Agreement
dated January 27, 1999, which is attached hereto and incorporated and referenced as Exhibit
"A. "
WHEREAS, the parties have encountered difficulties associated with implementation of
various aspects of this aforesaid Marriage Settlement Agreement.
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. Except for the specific provisions set forth hereinafter, each and every term and
provision of the parties Marriage Settlement Agreement of January 27, 1999, is
reaffirmed.
2. The parties acknowledge that the terms and provisions of paragraph 16(b) continue to
be unresolved with respect to the issue of the delinquent sales tax due and owing to the
Commonwealth of Pennsylvania that was incurred through the operation of the
.- Page 1 of7--
..
business known as Sparkling Cleaning Service for the period from August 1997
through, and including, January 27, 1999.
3. Pursuant to doculllentation provided by the Pennsylvania Department of Revenue the
total sum of principal tax due for this period is FIFTEEN THOUSAND SEVENTY
NINE AND 26/100 ($15,079.26) DOLLARS. To this amount will be added interest,
penalties, costs and fees.
4. Contemporaneously, with the execution of this Agreement Wife shall deposit the total
sum of TWENTY-THREE THOUSAND FIVE HUNDRED AND 00/100 ($23,500.00)
DOLLARS in escrow with her legal counsel, Bradley L. Griffie, Esquire, for purposes
of paying the tax obligation due and owing on the above referenced account. However,
payment of this amount to the Pennsylvania Department of Revenue shall not be
required at this time. Rather, counsel for Wife shall have the opportunity to continue in
his present efforts to seek a compromise with the Pennsylvania Department of Revenue
relative to the amount to be paid in order to have the sales tax due for the period from
1997 through January 27, 1999, paid in full and marked as paid in full on the account
with the Pennsylvania Department of Revenue, as well as any other public record of
this debt. In the event Wife's counsel is able to secure a compromised figure
acceptable to the Department of Revenue for payment of these taxes, such that said
payment shall cause these taxes, and all interest, penalties, fees and costs to be marked
as paid in full on the Department of Revenue records as well as any other public
records, payment shall be promptly made from the escrow funds to the Pennsylvania
Department of Revenue. In the event that counsel for Wife is unable to secure a
compromise relative to the total amount claim by the Department of Revenue by
-- Page 2 of 7--
January 1, 2003, he shall disburse the entire sum held in escrow, or $23,500.00,
together with any additional sums claimed by the Department of Revenue to the
Department of Revenue as payment in full for all tax, penalty, interest, fees and costs
due on the aforesaid account, these accounts for the time period marked as paid in full
and satisfied.
5. It shall be Wife's obligation, either personally or through counsel, to see that the any
liens recorded as a result of the tax due as described in paragraph 4 above shall be
marked as satisfied and paid in full by no later than April 1 , 2003.
6. Upon completion of payment to the Pennsylvania Department of Revenue as outlined
in paragraph 4 above, Wife will be considered to have complied with all terms set forth
in paragraph 16(b) of the parties' Marriage Settlement Agreement and Husband shall
make no additional claims against her in that regard.
7. Pursuant' to paragraph 15 of the parties' Marital Settlement Agreement Wife is
obligated to pay to Husband the sum of $20,000 pursuant to a promissory note dated
February 25, 1999, copies of which attached hereto and incorporated herein by
reference of Exhibit "B." Payments on the aforesaid Note are to be made on the 25th of
I
each month for a period of sixty (60) months, beginning on the 25th day of March 1999
for a periQd of sixty (60) consecutive months.
8. Contemporaneously with the execution of this Agreement, Wife, through counsel, shall
pay the sum of FIVE THOUSAND AND 00/1 00 ($5,000) DOLLARS to Husband
which shall, at that time, cure Wife's prior default on the Note referenced in paragraph
7 above. Thereafter, Wife shall begin to make, and continue to make, payments on the
25th of each month, beginning on December 25, 2002, in the amount of THREE
-- Page 3 of 7--
HUNDRED NINETY SIX AND 02/1 00 ($396.02) DOLLARS until the aforesaid debt
is paid in full.
9. The FIVE THOUSAND AND 00/1 00 ($5,000.00) DOLLAR payment set forth above
on the aforesaid note shall be applied first to principle and then to interest on the Note.
This leaves the remaining principle balance of the Note at EIGHT THOUSAND FIVE
HUNDRED AND 81/100 ($8,500.81) DOLLARS. Wife's payment of THREE
HUNDRED NINETY SIX AND 02/100 ($396.02) DOLLARS per month which begins
on December 25, 2002, shall equate to the 38th payment on the attached amortization
schedule, which payment was originally due on May 25, 2002. Payments shall
continue on the 25th day of each month thereafter until the balance is paid in full,
pursuant to the amortization schedule attached hereto and incorporated by reference as
Exhibit "e," shall occur on or about October 25, 2004. At no time during Wife's
routine payments on the aforesaid loan, shall she make payment in random amounts,
which would otherwise require a recalculation of the amortization schedule. Wife is
permitted to prepay on the aforesaid loan, but said prepayments must be made on the
25th of any such month and must be in an amount equal to one or more months of the
principal amount due as designated on the attached amortization schedule so as to avoid
a recalculation of the amortization schedule.
10. Upon the payment of the sum of TWENTY-THREE THOUSAND FIVE HUNDRED
AND 00/100 ($23,500.00) DOLLARS into escrow by Wife to her legal counsel, which
sum shall be used to pay the Pennsylvania Department of Revenue on the sales tax due
pursuant to paragraph 4 above, and the payment to Husband by Wife of FIVE
THOUSAND AND 00/1 00 ($5,000.00) DOLLARS pursuant to paragraph 8 above,
-- Page 4 of7--
Husband shall execute any and all documents necessary at the Cumberland County
Domestic Relations Office to terminate and withdraw the support action docketed in
favor of Husband and against Wife to P ACSES No. 772100276. Contemporaneously
with withdrawing and vacating the aforesaid support claim, Husband shall remit all
arrears such that no additional sums shall be due from this time forward from Wife to
Husband on account of the aforesaid Support Order and no additional attempts to
initiate collection proceedings or efforts to secure funds from Wife to pay on account of
the aforesaid Child Support Order shall be made.
11. Wife shall compensate Husband, through counsel, the sum of ONE HUNDRED
THIRTEEN AND 00/100 ($113.00) DOLLARS which includes filing fees of FORTY
FIVE AND 50/100 ($45.50) DOLLARS and service fees of SIXTY SEVEN AND
50/100 ($67.50) DOLLARS relative to the action Husband initiated against Wife
docketecfin the Court of Common Pleas of Cumberland to No. 01-6191 Civil Term.
12. Upon payment of the sum of ONE HUNDRED AND 00/100 ($113.00) DOLLARS as
required in paragraph 11 above, the deposit of TWENTY-THREE THOUSAND FIVE
HUNDRED AND 00/100 ($23,500.00) DOLLARS with Wife's legal counsel as
provided in paragraph 4 above and payment of FIVE THOUSAND AND 00/1 00
($5,000.00) DOLLARS from Wife to Husband as set forth in paragraph 8 above,
Husband shall mark the action docketed to No. 01-6191 Civil Term in the Court of
Common Pleas of Cumberland County as "discontinued." Further, when Wife makes
the final payment on the promissory note dated February 25, 1999, pursuant to the
amortization scheduled attached hereto and incorporated and by reference, Husband
-- Page 5 of7--
shall mark the aforesaid action docketed No. 01-6191 Civil Term in the Court of
Common Pleas of Cumberland County as "satisfied."
13. This Addendum constitutes the entire understanding of the parties relative to the terms
of the Addendum and supersedes any and all prior Agreements or negotiations between
the two of them in the formulation of and within respect to this Addendum. There are
no representations or warranties of not expressly set forth herein and otherwise
previously expressly set forth in the parties' Marriage Settlement Agreement dated
January 27, 1999.
14. All of the provisions of the parties' Marriage Settlement Agreement of January 27,
1999, shall remain in full force and effect including, but not limited to, the provisions
relative to enforcement, default and breach.
15. Each party acknowledges that they have read and understand the within Agreement and
each party acknowledges that the provisions of this Agreement have been explained to
them or they have had the opportunity to have these provisions explained to them by
their own separate legal counsel.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year hereinafter written.
WITNESS:
tC/~ E~
Wayne . Shade, EsqUIre
~
Q/.)1(O~
Date
~~t!ttml;{/~
TAMMY. ALYI CHMIEDEL
-- Page 6 of7--
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ClAm Be R L ItIOP
On this ~h'Q.. day of D(2ce~ \'e r
, 2002, before me, the undersigned
officer, personally appeared TODD T. NEALY, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
0-. ~ '1....at.
\-ptcn Iii! ~:,~:dl
t..Jnrdd .;, Tritt, NJtti.ry PUlJli~: .i
C,:>;:is!e, Cun~he~land COU!fty ~
I i (;Yh':,~:i:Jn b:p!res Oct. ~), "'>:' "
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C VvYV\ U!r \C\ ~~\
On this1J.{IA day of \)t(L WI \;)if' , 2002, before me, the undersigned
officer, personally appeared TAMMY L. NEALY/SCHMIEDEL, known to me (or satisfactory
proven) to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
.~._.
I Notarial Seal
Kalisa J. Lehman, Notary blic ;
Carlisle Boro, Cumberland County
, My Commission expires Aug. 25, 200:3 ;
~. '- .. ~.'~",-,.
-- Page 7 of7--
c't.hibit D
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AI&IMaC1 (1N1) AIiMIOIICI
COMMONWEALTH OF PENNSYlVANIA ..a..t..
DEPARTMENT OF REVENUE ~
Il&NI OFCXJIIPIJMCE
IE'IUlNQECKEmQN
DIPI'. __
IfjI.J_lIl ...PA171....
NOTICE OF UNCOLLEC11BLE CHECK
MEAlY,TODD T
18 CHESTNUT DR
CARLISLE PA 17013-9723
ENTRY I): _______...._.._...25-157~
NCJT1CE NUaeER:..................... 321-880-303-102-9
NOTICE DATE:........._..................NownIIB' 3. 200S r--'
(7 ,11 7 7 ;;( " ').. ?/7 :;)
The above-Nf8N1'lCfi1d taxpayer has su~ as pa= on a Commonwe8Ith of Pen:1a tax =. a check
...'... IlCit ~ ~ .. .....-:r- . ~ 1 1 .. II...... Ita a i'8stIIl. .n 1:11.4. .. Qh..h. R Fefa. .Ie
now dUe (See BIloW). It . .In ... taxpa,.r'8 best........ m .... ..bmIt 'payment fOr the .. ... Of-, check ThIs
wi prevent ~... IntIr8st and/or penaIIes on lie face amount of the uncoIec;tI)Ie check or hilt the ackIIIonaI
panaldas and .......at that .. now IlOCI"*'a on lax IIIIbIIIes that... past ciIe as a result of the unoolectl>>le check. If
..... .. any quedons concerning this riob, pIeue telephone (717) 787-1801; TT. Only 1..e00.-.4474020 (ServIce
fQr Taxpayers WItt SpectaI Heartng and/or SpeakIng Needs) .'
F-. AIIIoIIIII of QIecIc............ ...... .................. ...$ 10,000.00
Uncall ~.... Check AddaIon............................$ 500.00
TotIII 0... ...................;..........................................$ 10,500.00
*COIlPUTAnoN OF PENALTY
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MuIinIn Pen8Itr - $500
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e...,. WIIIhDIdIna Tax MIniiIun,..., - $25 .
~,.....,- $500
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
IIJAEiMJ OF IUBI&8 TRUST RN)TAXEB
11&'I'. _
1M..... PA 171__
NOTICE OF REASSE88IIENT
NO GOOD CHECK
. =,,~.~~~~I-=t,~ANCYTAX
ENTT1Y I): .~.._~__.~___...25-15745821ODO
NOTICE NUMBER:......_.___~1z.oos.103-0
NOTICE.DATE:~"!"~~....;.~""2003
TAX PERK)Q BEGINI'aG: ---02-01_ .
TAX PEAIOD.ENDING:._~
DATE RETURN Fi.ED: _.___Ocmber...., 2000
. TRANSAdnON 1):__~_.;....~_0001862522061
10 AVOID ADDmONALatARGES.
PAY MIOUN1' ... BEFORE:...1'-'4--03
NEALY,TODD T
18 CHESTNUT DR
CARLISLE PA 17013-9723
*'
See 1he ...... ... at this naIIc8 tar 8ddIoI. 1nfonn8IIoI.. If you hi
8RJ .1110.. COtammg thIa naIce. ..... tIIephaI. (7~ 787-8321
... reI1ff r ..11 ..... ..... of 8r1 .ct.._..4II". wOI. n; or (1'
787.e304 . tie ,.8 111 lWll" the ..... of an .w 1181. DecIIIoI1
Older. 1T. Only 1-800-447-8)20 (SMvIce tOr T~ WIth Spec
Hed1g .-IdfGr Spulllllg NMds).
LIE ITEM ..' .- ...--.- .-- - - ---,.s FIED-." ." - _. - - '." -" .. - -- .~ . __. - H' . '-
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STATE ALLEGHENY PHI..ADELPHIA STATE AlJ.EGtENY PHI.ADElPHIA
1. TOTAl.. GROSS SALES...--- 25.871.21 0.00 0.00 25,871 ;21 0.00 0.00
1A. NONTAXABLE SALES.--- 2.708.00 0.00 0.00 2.706.00 0.00 0.00
2. NET TAXABlE SALES ...-....-.. 23.165.21 0.00 0.00 23.185.21 0.00 0.00
S.TOTAI.. TAX______..._.__....__ 1.389.94 0.00 0.00 1.389.94 0.00 0.00
4. DISOOUNT __________..__ 13.90 0.00 0.00 0.00 0.00 0.00
5. NET TAX DUE_ ....- 1.376.04 0.00 0.00 1.389.94 0.00 0.00
6. TOTAl.. USE TAX INCURRED.. 0.00 0.00 0.00 0.00 0.00 0.00
7. TAX DUE ...._._____..____._._ 0.00 0.00 0.00 1.389.94 0.00 0.00
The....... trJIIect.. tfIIum'" 118m Wo...IIIIIIIoIr. .",. fgIns below IeIIit:t aduIII DIipetInrent of RtWetuI ~ SlId may iIDt /ndude
..,cIiauJt~ . ~ r" on llel8bn. .
TOTAl.. STATE AtI) LOOAl TAXES .--...-......-..---........-......-..-..-........-..-.-.-....-..........-..........-..-.......-.-..-..-..-..-..-..-...$
DISOOUNT ._......__..____..__.._.._...._..__...._.._..............----........-....-..-.-.-............-.....:.---.-.....;-..........-.~._.:...~...........-....
tEl'STAlE NfCJ LOCAL .TAXES ._._...d~.......____~_....-._.~...........-..".'.~-....-_.~;........-.._..__....................L_.............._.........._............
LATE FLE PBIAL TV __.._._....~._____._..:......_.....___.._...______._......~...-.._.._...__..:.....-.-~...-..-_......-..-..-.-..-....
NTEREST _......__....___..........__.._.........._.._......__............_........-....-........-..-....--..-.._-..._..-...~-..-..--.-..-......-.-..-.....
LEGAL FEES ________...:...._.____.._._......._..___....__..___....................---....-........---.--..-..--.---..-..--..---..-.-
OllER ~ __....:..._._.._____._.._..___.._._..___..___.._____..............-..-..--..---.-.-............-....-........--.......-..
tIIlERPAYIEIl(f PENAL TV ___.__..._....._._.._..______.._.._...._.._..._......._....-...-..-..-....-..-..--.....----...........-......-...........
TOTAl.. DUE FOR 11E PERI()O ..--.....-.---..-....-..-..-.-..--.-....-..--........-..--.--------..:..-..-........-..-..-......-....-.....
TPPR CREDIT _____..._.____.._..__....__.._....____......_........_....-....--....-..............-.-.......-.....--..-.-.....-..-..-.-..-...
OllER aI:DITS_..__._.._..__..._._.___.._..._..___._...._........_.._-...--....-..--..-..-......-..-.-..-..--..-.........-.-......---...
AI<<)lJNT REIM11ED _.._________..____.._.._....__.._._......_.._.._...._.____..-..--...--..--.-...-.-......--...-.-
Aa<<KJNT APPl.ED TO entER PERIODS ANOOR TAX TYPES__.._.._..__........_.._........_.._........_..__._........___-.--.....-....-.
AIlIOlMT DUE ....._.._.._____..__._..___.._.____._._._......___..._..__..-...-..--....-..-..-.-......--.-..-..-..---....-...$
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NOTICE OF REAS8ESIIBIT
SALES, USE AND HDTB. OCCUPANCY TAX
SPARKLING ClEANING SERVICE
Account 10: 21-530-236
EntIty 10: 26-1574592A)OO
NotIce Number: 832-312-003-103-0
NotIce DatIl: November 4, 2003
Tax Period: 02"()1-98 to 02-28-98
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1....94 .
347.52
576.07
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118.45
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2.515.98
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PAYMENT AMOUNT' ~ .' ~ @ ~ ~ >'< ;r; ~? i'i
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IMICE CfECKORMClNEYOIIIiR MYAlLE1O: "M DIiPI'. OFIEVIN.E".
PLIiNIE IICLUDEIlCCOUNI"ID IN) MYl'BE1aBIHDN&NUMIIR ON11EOHE
1)0 NOT WRITE IN 1HIS SPACE
~ lDD~DDI3~31~DD31D3DD1"ID~~IDDDDDDDDD~515311
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Exhibit E
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717-787-8289
CRIMINAL TAX INV.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
Aug 29, 2006
NEAL Y,TODD T
18 CHESTNUT DR:
CARLISLE PA 17013
STATEMENT OF ACCOUNT
SALES/USE/COUNTY TAX
ENTITY ID: 001 25.1574592/000 ENTITY NAME: NEAL Y,TODD T
ACCT TYPE: SALE ACCT STATUS: INACTIVE
P &. I THRU: 0812912006' TOT BAL: 11,431.73
TOTAL TAX '5,499.12
TOTAL PENALTIES: 2,684.87 TOTAL INTEREST: 3,247.74
Account Id
21530238
21530236
21530236
Tax
3,025.31
1.38Q.94
1,083.87
Per end
01/31/1998
02128/1998
03/31/1998
Penalty
1,328,47
549.37
807.03
Interest
1,687.66
774.80
785.28
NON-nJ.,ED W3'S FILED FOR PERIODS ENDING: 10/31/98,11130/98.
PAGE 02
ealance
8,041.44
2,714.11
2,676.18
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TODD T. NEALY,
Plaintiff/Petitioner
OCt 1 2 2006
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CNIL ACTION - LAW
TAMMY L. NEALY,
DefendantlRespondent
. NO. 98-2071 Civil Term
RULE TO SHOW CAUSE
~
AND NOW, this ~ day of October, 2006, a Rule is issued upon tbe defendant
to show cause why the relief requested in the Petition to Enforce Divorce Decree should
not be granted.
Rule returnable ~ I ,;-~ ~ 1/ ;DD A.WI.
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TODD T. NEALY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LA W
TAMMY L. NEALY,
DefendantJRespondent
: NO. 98-2071 Civil Term
STIPULATION
AND NOW the parties hereto, Todd T. Nealy, petitioner, and Tammy L.
Nealy/Schmiedel, respondent, hereby stipulate and agree as follows:
1. Respondent acknowledges that the following sums are currently due and
owning to the Pennsylvania Department of Revenue and that said sums are respondent's
obligations to pay under the Property Settlement Agreement executed by the parties on
January 27, 1999, and the addendum executed by the parties on December 23,2002:
Acct. ill
Per End
Tax
Penalty
Interest
Balance
21530236
21530236
21530236
01/31/1998
02/28/1998
03/31/1998
$3,025.31
$1,389.94
$1,083.87
$1,328.47
$ 549.37
$ 807.03
$1,737.03
$ 797.48
$ 802.96
$6,090.81
$2,736.79
$2,693.86
2. Respondent acknowledges that petitioner has incurred expenses for
counsel fees in connection with the current petition to enforce the agreement:
Turner and O'Connell
$1,469.74
3. Respondent agrees, upon the signing hereof, to pay the full amount ofthe
sums due the Pennsylvania Department of Revenue and the sums expensed by petitioner
for attorney's fees as set forth in paragraphs 1 and 2, supra.
Respondent agrees to the entry of an appropriate order directing her to
set forth herein.
hy. 'Connell, Esquire
for petitioner Todd T. Nealy
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TODDT. NEALY,
Plaintiff/Petitioner
DEe 04 2006r
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TAMMY L. NEALY,
Defendant/Respondent
: NO. 98-2071 Civil Term
ORDER
AND NOW thi::, ~day of December, 2006, upon stipulation of the parties
hereto, the court enters the following order:
The petitioner, having filed a petition to enforce the divorce decree, and the
parties having agreed to resolve the matter by stipulation filed concurrently herewith,
respondent is directed to immediately pay petitioner the sum of$12,991.20 representing
sums due the Pennsylvania Department of Revenue and counsel fees incurred by
petitioner as follows:
Pennsylvania Dq)artment of Revenue
$11,521.46
Turner and O'Connell
$ 1,469.74
Total
$12,991.20
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