HomeMy WebLinkAbout98-03183
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF. L"",;, '. PENNA,
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David M. Caeee 1
Plaintiff
No,
98-3183
VERSUS
Patricia L. Caeeel
Defendant
DECREE IN
DIVORC E
AND NOW <0~
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IT IS ORDERED AND
D EC R E EDT ~I AT .....?Il." id__~,. .<::1l_e_"-"..1.______
, PLAINTIFF,
AND
Patricia L. Caeeel
,_.._._...__....__......__...__.. ..._____."., DE FEN DA NT.
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COUIH RETAINS JURISDICTION OF THE FOLL.OWING CLAIMS iWHICH HAVE
BEEi~ RAISED OF RECORD IN THIS ACTION F'OR WHICH A F'I~IAL ORDE:R HAS NOT
YET BEEN ENTERED; V~
The Marital Settlement Agreement dated Auguet 28, 2000, attached hereto ae
Eihibit'~T. incorporat'ed--i1ereInby reEerenceb'Ui:"lotn,erged--1nto tIlT.--
Decree in Divorce
By
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Te<'cl('
ATTEST:
?J,
ROTHONOTARY
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DAVID M. CASSEL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 88.3183 CIVIL TERM
IN DIVORCE
Plalnt"f
VI.
PATRICIA L CASSEL,
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Defendant
THIS Agreement maciethla '. i.J.g ~
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day of
by and between PATRICIA L CASSEL, of 924 A11envlew Drive, Mechanlcaburg, Pennaylvania,
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hereinafter referred to aa WIFE, and DAVID M. CASSEL, of 104 South 381h 'Slree~ Camp HII/,
Pennsylvania, hereinafter referred to as HUSBAND,
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WHEREAS, the parties hereto are husband and wife, having been Joined in marriage on
September 15, 1979, In Lemoyrle, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been flied In the Court of Common Pleas of
Cumberland County, Pennsylvania, to No. 98-3183, Civil Tenn; and
WHEREAS, the partles hereto are desirous of settling tully and flnally their respect/ve
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finane/al and property rights and obligations as between each other, Including, Without limitation. the
settling of all matters between them relating to the ownership of real and personal property, and In
genel1l'. the settling of any and all claims and possible claims against the other or ~Inat their
respective eatates.
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NOW, THEREFORE, In conslderltion of these considerations, and the mutual prom/ees and
Undertllldnga hereinafter eet forth, and for other good and valuable consideration, receipt and
sutf!clency of which Is hereby acknOWledged by each of the parties hereto, HUSBAND and WIPE,
each Intending to be legally bound, hereby COl/eNint ilnd agree as follows:
1. Advice of Counael: The PIlrtles hereto acknOWledge that each hilS been nolIfIed of .
hla or her right ~ consult with counael of hll or her choice, .nd. h..... been provided . copy of this
Agreement with which to ~It with ClOt.InI8l. WIFE III'8pre1ented by Carol J. UndllY, &quire,
.nd HUSBAND ia represented by' Stephen J. Dzul'll1/n, Esquire. E.ch PIlrty .ckn~ .nd
aooeptlthat thla Agreement la, In the circumstances, fair and equitable, and that It is being entered
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Into freely and \lO/untarlly, after having I'8<llllved such IIdvice and with such knowledge as each h..
sought from cou".." .nd that execution of thla Agreement Js not the result of any dUIlll8 or undue
influenoe, and th.t It Is not the result of any Improper 01' Illegal Agreement or Agreements.
2. Divorce: The pariles agree to the enby of a Decree in Divorce. The pllttlea will
execute on the day of thla Agreement, Affidavits of Consent and W.,....... of Notice under SecClon
3301(c) of the Divorce Code, consenting to the entry of a Decree In Divorce.
3. Peraonal Property: The partles acknowledge that they have equitably and
satiafactorily divided all of their personal property, and with the exception of. those Items' lilted on
Exhibit "A" attached hereto, that all personal property Shall be the sole.nd Indlvlduat property of the
party In whose poIIes.'on It Is IS of the date of this Agreement. Each will "10 receive IS his or her
own eePllrlte property those Items designated on Exhibit "A', Within fifteen (15) d.ys of the date of
this Agreement, WIFE will make available to HUSBAND the storage locker In which the personalty
set out on Exhibit "A" and .u/gned to HUSBAND Is stored. Within thirty (30) days he/'8lfter,
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HUSBAND will retrieve the personalty from the locker, WIFE shall provlde HUSBAND access to
the Iock.r with 24 hourt notice, Also on exhibit "A" are two Items which HUSBAND will r.tum to
WIPE wlthln sixty (SO) days of this Agreement. In the event that HUSBAND does not plok up thOle
Item. eet out on exhibit "A" within the limo ..t out In !!lIs Agreement. WIFE may make any
al'l1lngement she wishes to dIspose of them. Any Items retumed to HUSBANDIWlFE shall be .
returned In gOod condltlon.
WIPE will relIln the 1996 Dodge Van. The partlea will coopenrie In the application for
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alolt title to 1995 Dodge Van. VWhin ten (10) days of the date of this Agreement, HUSBAND will
execute any and all documents required to transfer his Interest In the 1995 Dodge Van to WIFE, and
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,hall provide WIFE all keys to uld vehicle. The parties will equally share the coat of a replacement
title.
HUSBAND will rem'n the 1987 Chevrolet Celebrity Wagon. WIthin ten (10) days of
the date of this Agreement, WIFE will execute any and all documents required to transfer her
Interest In the 1987 Chevrolet Celebrity Wagon to HUSBAND. WlF' will provide to HUSBAND any
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and all k.ys to the 1987 Chevrolet Celebrity Wagon. The parties agree to execute the titles and any
other documents required for transfer of the vehicles at as set out herein by the Department of
Trtnaportatlon at AAA Central Penn Auto Club ofllce In Camp Hili, Pennsylvania, Each party shall
bear the COlt of transferring the vehicle which he or she Is receMng.
HUSBAND will retain his savlngs and checking accounts at Members First, and WIFE
will retain her checking account at Harris. Addltlonally, HUSBAND will retain his 401.K account with
eamsWible and the Pierce-Phelps IRA. HUSBAND will transfer, by Qualilled Domestio Rel8tlona
Order, If necessary, from his Pierce-Phelps IRA, $9,000.00 grol8 to a tax sheltered account In
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WIFE's name. WIFE wtll bear the tax consequences of liquidating the tax-deferrect account If lhe
chooses to do 10. HUSBAND will cooperate In the preparation of any required Qualified Domellle
RelatlOIlI Order, or In obtalnlng Iny requlllte to tranafer from Plerce-Phelpa, by provlcllng to WIFE,
wlthln ten (10) dlys of the d.- of this Agreement, any and alllnfonnatlon required to make the
tranIfer. WIFe will retlIln her Pennsylvania Blue Shleld 401-K aocoI.I1t 8J'ld her ..vlnga account at
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Memberl FIrst., The partieI'~~.~ Mch may ~.In.~ ~ employment benefits the
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other may have_ " .,.~,,,,,,,_,, ,f<i;,~~7""~"'", '. _.;' ,- . ~l.~.'f., "
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4. Real Property: The parties were ownent of a home at 401 Mt Allen Drive,
MechanIClburg, Cumbertlllld County, Pennsylvania. The home hll bMn IOId and the proceed.
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thetefrom eac:ro\NICl. The parties haw paid from the 8ICl'OW account, the following marital debt in
the approldmate baIanoes:
Capital One Master Carel
HouaehoId VIla
Fll'lt Carel VIla
Bank One VIla
Hlnis Bank
J.C. Penney
Montgomery Ward
Sears
Hechrl
Boscov's
A T & T Universal Carel
$8,104.00
8,5M.00
3,215.00
3,836.00
3,802.00
342.00
502.00
1,753.00
227.00
n3.00
,7,520.00
The remaining proceeds from the sale of the marital home presently held In escrow
will be equally dlvlded between the parties after payment of an additional debt to HUSBAND'. father
of $700.00.
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5. Alimony: The partie. waive any claim that they may havo one .g,'nst the other for
.lImony, alimony pendente lite or spousal .upport. The partie. acknowledge that e.ch h.. .utllc/ent
IIHtI wlth which to maintain themeelve. after divorce.
8. Marital Debt The rl'\8rllal debt of the p.rtles I. c1eacrlbed In Paragnlph 4 .bo..... lUld
the dlapoeltlon of said debt I. set out therein. Each party will be respon./bIe for Pliyfng their
AIIpICllve parerrts for any cIebta Incurred.fter December 18, 1997 II1d wllllnclemnlfy.nd hold lhe
olher hlnnleIa against a cfal!'1 by hi. Orher ....pective parents or by any creditor for debts Inc:urrec:t
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.ublequent to aepar8tion. e.ch party will Incur no debt from the date of this Agreement for which
the other may be liable, and each shall Indemnify and hold the other hannl. for .ny debt 10
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Incurred.
To the extent that there I. any tax liability for forglvenesa of debt, each Plirty ahall be
solely responsible for reporting on hi. or her 1999 or 2000 Income Tax Return. the forgiveness
allOCiated wlth the debt In hi. or h.r name and paid from the e.crow account. For lax reporting
purpoeea, HUSBAND wlll equally report the forglveneaa of debt for any joint account paid through
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the ieaaow account.
7. CU8tody: The partie. are parent. of four children: Lauren R. Ca.sel, bom March 7,
1983; Kristen M. Cauel, born October 31,1985; Katelyn M. Cassel, born NoVember 17,1993; and
Courtney E. C...." born January 26, 1996. The parties shall share legal custody of said children.
WIFE ahall enjoy prlrnlllry phyaiCllI custody of .ald children, .nd HUSBAND .hall enjoy parti.,
custody of the children a. the parties can .gree.
HUSBAND wlll pick up and drop off the children at agreed upon times and will
promptly advise WIFE if he will be delayed.
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The children shall have free reasonable aCOllSS by telephone to the parent out of
cultody. WIFE shall provide HUSBAND with Information she recelvea regarding the children',
achoollng and elCb1l curricular actlvlllea.
8. LIfe IMu...nce: Until the ptIrtles' youngest child ahall attain 18 yeara, the ptIrtlea shall
ma/m./n prlvate life lnaul'llnce pollclea with a death benefit of $100,000.00, excluding double .
Indemnity and ~ death, and Iha/ll~ the Trustee for the, child II benellclal)' of aald prlvate
lll'e InIurance policy .. well ~ the benellclaJy for any life InlUl'II1Clt provided by hit .or her ."ployer
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and IhIII provlde to the other within 15 days of this Agreement proof of lnaul'llnce Oncludlng the
name of the Insurer and policy number), proof premiums are current, and proqf that each policy
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nlmlt8 a Tnlltee for the ptIrtfes' children as the aole beneflcial)' In equal shares. Thereafter, uch
pIrty Ihtll provide aufIIclent authority to his or her life Insurance companies to pennlt the P8rty to
obtIln conftrmatlon Into the future that the Insul'lll1Ce remains In force and that the TI\.I8tee for the
children remains beneficiaI)'.
The ptIrtlea ahall execute a teltamentary trust, contained in a Will or othefwI88,
dlrecllng the TnJltee to pay to the children's cuatodlan an amOtJnt at least equal to the la,t aupport
Order In ~ for the children', health, maintenance and welfare, and to pay the balance of any
child', share for her post.secondal)' tuition, room and board.
The partlesshall not be required to name the same perlon as Trustee for the children
on the life Insurance policies or in the testamental)' trust antlclptltecl by thl, paragl1lph, but ,hall be
free to nominate whichever Trustee they detennlne can best carry out the tenns of this paragl1lph.
The parties will remain co-ownera with the children on all bank ac:countl or
investments made for the children as of the day of separation. The parties will c:oapeI'lIte In the .....
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of said accounts and Investment for the children's polt'leconda'Y education and shall contribute to
their eduClltion as ihey are able.
9. Attomey'. F..a: each party Ihall be rll8ponslble for his or her own attorney's fees
Incurred In connedion with their domestlo relatloni ca.... l:IU8BAND will be solely responsible for
any attorney'1 fees claimed by Anthony McBeth. Esquire a. escrow agent for the parties.
10. . ~ohan... of Information: The partie& have requested from each other Ind reoeIved
any ~,bm8tlon regMllng th,elr 11".... llabllltles. Inoorne and e>cpenMI which the pirty requires
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prior to entering Into the terma of thl. Agreement. The partlee acknowledge that the term. of this
Agreement are f11lr and equitable and conatltute an eqult8ble distribution of m!lrital property and
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debt, tUlng Into account all of the relevant fIIctors set out In Sectlon 3502 of the Divorce Code, 23
Pa. C.S.S3502 Including the length of the marriage; any prior marriage of the parties; the age,
health. ltatIon, amounts and lOurcea of Income, vooatlCllllI .ldlls, employability. estate. lIabllltfes and
needs of each of the parties; the contribution by each party to the education, training or Increased
eamlng power of the other; the opportunity of each party for future acquisitions of capital auets and
Income; the sources of Income of both parties, Including but not limited to. medlCIII. retirement,
Insurance or other benefits; the contribution or dlsslpat:on of each party In the acquisition,
preservation, depreciation, or appreciate of the marital property, Including the Qontributlon of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the maniage; the economlo circumstances of each party Including federa', state and local tax
ramifications at the time of the division of the property, and whether the party will be lervlng ..
custodian of any dependent minor children.
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11, Modlfloatlon: No mOdltk:atlon, rescllllon, or amendment of thl.s Agreement aha" be
etrective un'ell In writing "gned by each of the parties hereto,
12. Appllotb. Law: All acta contemplated by this Agreement sha" be construed and
enforoed under the 'aws of the Commonwealth of Pennsylvertla.
13. Agreement Binding on Pa.... and Helra: This Agreement, except as otherwlae .
8llpff.sly provt,ded herein, shall bind the 'Plirtles hereto, 1I'ld. their I'8IpeCtive hell'I, exec:utln,
Idmlnl8lnltora, Ieg8J ~, III/gns and IUOOeaOI'lIn any Intel_ of the parties.
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14. Agreem.nt Not to be Merged: This Agreement sh.lI be lnoorpol'lted Into the Ilnal
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise sh.lI not be
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"*Ved Into seid decree. The parties aha/I have the right to enforce this Agreement under the
Divorce CocIe of 1980, .a .mended, and In addition, shall retain any remec/Ies In law or In equity
under this Agreement as an Independent contract. Such remedies In law or equity a,.. Speclllcally
not walwcJ or released.
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15. Documem.: The parties hereto a~ree that they will execute and deliver one to the
other any documents neceaaary to give efI'ect to the tenns of this Agreement.
16. Full and Final Settlem.nt WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discnarge the other and the estate of such othef. for all time to come,
and for .11 purposes whlltaoever, of and from any and all rights, titles, interests or claims In or
ag.'nst the property (including Income and gain from property hereafter aCCI'uing, of the other) or
Igalnst the estate of such other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have againat such other, the estate or such other or any part
thereof, whether arising out of any fonner acts, contracts, engagements or IIabllltlea of such other, or
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by way of dower or courteay, or claims In the nature of dower or courtesy, or wfdows' or wfdowers'
righll, family exemption or similar allowanw, or under the Intestate laws, or the right to take egalnat
the 1pOUH'. wfll; or the right to treat a lifetime conveYln08 by the other as tesblmentary, or III other
rlghll of II aurvMng Ipouae to participate In a dec:eaeed 'PQllM'. ..tate, whether ari.lng under the
IIWI of PennaylVlnla, any other State, or any other Country, or any rights which either IpOUIe may .
M..., or lit ~ lime h8f"Mfter Mve, for pUt, Preeent or future support or maintenance, lIlmony,
Illmony' pendente lite, ~I lees, COllI or expetllel, whether arlalng .. a reeull of the .".,.,..,
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relation or othetwlte, except and only except. all rights 8nd Agreements and obllgationa of
whatsoever nature art81ng or which may arise under this Agreement or before ,the breach of any
thereof. It ia the Intention of HUSBAND and WIFE to give to each other by the execution of this
AQnlement a ftJIl, complelle and general ..... wfth respect to any and all property of lilY kind or
natura, /'NI, pallOnal or mixed, which the other now owns or may hereafter acquire, except and only
except, all righta and Agreements and obligations of whatsoever nature arialng or which may arise
under thla Agreement. or for the breach of any thereof, aubject, hOMVer, to the Implementation
and eatllfllctlon of the conditions precedent .. set forth herein above.
17. BREACH: In the event that either party breaches any provision of this Agreement, he
or she shall be responalble for any and all coata Incurred to enforce the Agreement, InclUding, but
not limited to, court coata and counsel feel of the other party. In the event of breach, the other party
aha" hive the right, at hla or her election, to sue for damages for euch breach or to eeek such other
and ac:/dltlonal remedlea as may be available to him or her.
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ANTHONY T. McBETH
Anoamy A.T ll\'*'
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DAVID M. GASSEL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERI.AND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 9 ,f,,' I i' 1 (<",'../T.;':._
PATRICIA L. CASSEL,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301/0) OR SECTION 3301(d)
Ol: THE DIVORCE COlli
1. Plaintiff. is David M. Cassel, who currently resides at
328 South Washington Street, Mechanicsburg, Cumberland County,
Pennsylvania, since December, 1997.
2. Defendant is Patricia L. Cassel, who currently resides at
401 Mount Allen Drive, Mechanicsburg, Cumberland County,
Pennsylvania, since December, 1983.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth for at least six months immediately
previoufl to the filing of th1s Complaint.
4. The Plaintiff and Defendant were married on September 15,
1979 at Lemoyne, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marrlage is irretrievably broken.
7. 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.
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PATRICIA L. CASSEL,
Defend.nt
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTIOl4 . LAW
NO. 98.3183 CIVIL TERM
IN DIVORCE
DAVID M. CASSEl.,
Plaintiff
VI.
AfElQAVIT OF CONUMI
I, A Complaint in Divorce under ~ 3301 (c) of the Divorc.e Code was filed on June 5, 1998,
2, The marriage of plaintiff and defendant Is Irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final Decree in Divorce after service of notice of intention to
request entry of the Decree,
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief, I understand that false statements herein are made subject to
the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authorities,
\/1. "j
~bdUJ.. /(.;(. (d.:J,)ll
Patricia L. Cassel, Defendant
Date: ailflU JJ. r< l, 00 i..)
If
NQTICE OFjNTENTION TO REQUEST
FAD VORCE DECREE UNDER
301 c T E DIV CE CODE
1, I consent to the entry of a final Decree of Divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses If I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a Divorce Decree Is entered by the Court
and that a copy of the Decree will be sent to me immediately after It is filed with the Prothonotary,
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief, I understand that false statements herein are made subject to
the penalties of 18 Pa,C,S. 4904 relating to unsworn falsification to authorities,
JIb ' '. ci:' (/ "
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Patricia L, Cassel, Defendant
Date: (lllt/JUII It( '>/o{..\(,
,/
.,
DAVID M. CASSEL, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSY A~ ~
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v. : NO, 98 - 3183 CIVIL ~ - '"
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PATRICIA L. CASSEL, IN DIVORCE t.)
Defendant .. i
't.)
....
Q.E.I.I:1&.P~
I,
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses If I do not cl,alm them before a divorce Is granted.
3. I understand that I will not be divorced until a divorce decree Is entered by
the Court and that a copy of the decree will be sent to me Immediately after It Is flied with
the prothonotary.
I verify that the statements made In this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsifications to qutQorlties,
/'
.Jf
. Cassel, Plaintiff
DATED: Augustl:!, 2000
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cassol - pro-trial st.tomont
Novambor 11, 1999
never responded to the Agreement or made a counter-offer or objected to It In any way, As a
result, Wife and the four children have been compelled to remain resident with Wife's parents, In
the meantime, Husband terminated representation by his original counsel, obtained other
counsel, and through counsel, has promised to forward a response since at least June, 1999,
Husband flied a Complaint In Divorce on June 5. 1998, The undersigned accepted service
of the Complaint on behalf of Wife on June 9, 1998, When It became apparent that there was to
be no response from Husband to the formalization of their Marital Settlement Agreement, Wife
flied an Answer and Counter-claim, and a Motion for the Appointment of a Master on September
14, 1999 seeking equitable distribution and counsel fees as a result of Husband's refusal to go
forward with the parties' Agreement.
I. ASSETS
The marital assets are contained on a schedule attached hereto as Exhibit "B", There are
no non-marital assets of which Wife Is aware, except for any Increase In value In an employment
benefit subsequent to separation.
II. EXPERT WlINESSES
At this time, Wife anticipates no need to call an expert witness, but reserves the right to do
so should an Issue arise requiring expert testimony,
III. LA Y WITNESSES
Wife anticipates that she will be the only lay witness to testify. but reserves the right to call
further lay witnesses as needed in response to Issues which may develop,
IV. EXHIBITS
A, Settlement Sheet for sale of marital home,
2
CllSTO[)YlVlSITA TION/SlIl'l'ORT A(;REI(MENT m' IlA V III ANIlI'A TRICIA CASSEl,
ClISTOIl\' ,
lJuvill ulld Plllrida ('u.s,sol willlu'\\1 shured legul clIslody of Ihe 1'0111' (4) milloI' childrell,
I'lIlrleiu will I'elaillpl'imllry physiclIl Cllslody of 1111 1'0111' (4) minor chihll'onlisled ho,,".w and I>uvid willl",ve
purliulphysieul ""S1ody,
Lallron Renee Cussel (I ~ yelll's), Kl'isl"n MUl'ie ('asSt. I (12 years), KlllelYII MidlClle Cusscl (4 years) ulld
COlll'IIIey I\liluhelh Cussol (2 yeurs),
IlIlhe evellllhlll Plllrida wOllld di" prior 10 IIny of Ihe childr"" I'eachillg Ihe uge of I K years, nuvid would
legully he elllilled 10 ass lime ellshllly of UIlY millor children, However, PlIlrlcill's Will shall nllme Kennelh
IIl1d Nuncy [JlIker, liS uilernule gllurdiuns of uny IInd 1111 minor children inlhe evenllhlll David is IInahle 10
assume custody (due to finllntiul or nwdkul W<ISOnS), Won'llll:Ccpt custody, III' if the children do not wish to
iiVI' wilh him, If uny or all of Ihe children do '101 wish 10 live wilh Iheir 1'111 he", David will resl'cel their
wishes und nol force Ihem 10 live wilh him. He wOllld relllin his vislllllion righls liS agreed IIpon in this
proposlIl,
~.-
The children's h"llk llccounls will continue 10 hllvc hoth pHrents' nllmes lIlId the child's nllme UIl the nCCOllnl.
As cuch child turns I K yen,;., (If age, their llccount will he changed to Ihc.'ir nmnc alone.
"'--~' --- ................... ....... --.................... ....-----.... .............. ~.-.... --.... -- -'..._-~,_.~ -~. --"'.... --- -- ---~_.... ---............-----................--
SUPPORT:
DlIvid will pllY Illonlhly child sllpporl in IIccordllnce wilh COlllmonweailh of Penllsylvania gllidelines
in Ihe IImollnl of $~73,(X) per monlh, which is Ihe IImollnl sllggesled for his ""rrenl salary of $26,000.00,
When Duvid receives any sulary In"reases, he will pllY Ihe increllsed child supporlpllymcnt amollnl
determined hy Ihe Slate guidelines for his new slllllry, Child SllppOrl paymenl' will he mllde In fullullhe
heginning of every l1Ionlh. PaYlllenls will hegin liS soon liS Ihe mllrillll hOllse is sold nnd 1I1111111rll.1 dehls arc
pllid in 1'1111. II is understood Ihlll if IIluny lil1le DlIvid flllls 10 P"Y his monlhly child SllppOrl pnymenl on
lime. 1'1I1ricin will file wllh DOlllestic Rellllions 10 hllve supporllllken dil'eclly from his pllycheck which
would include any honus checks he receives,
I'atrlcin has, Ihrollgh her employer, fI hllsic life inslllllncc policy Itllll will pay Iwice Ihe IImount of her lInnulIl
salary (cllrrenlly $3~,OOO,OO x 2=$70,()(Xl,OO) pillS a sllpplel1lenlllllil'e insurance policy e'lUllllO her annulll
sul.jry amollnt (ellrrently $3~,OOO,()()), She 1I1so hilS Accidenlnl Delllh & Dismemhermenl covelllge which
will dOllhle holh the husk life insul'llncc IInd supplemenllll insurllnco henefillll1lounls in Ihe event of
accldenlal denlh, whelher work or non-work relnled. The henefil amount increases as her salary incrcuses,
The children will he Ihe heneficinries lInd Ihe money would he selllp in alrllsl fund 10 help wilh Iheir care
and/or edllclltion whether Ihey lire in DlIvid's cllslody or in the cllslody of Kennelh lInd NlII1('Y Bnker, The
Irusl fllnd will he hllndled by Kennelh Bnker.
II is requesled thut David ohlain hllsic m,d/or sllpplelllentallife inslllllnce eoveruge of III Ie list $100,000,00
(lhis can he a comhinlltion of his basic life inslllllncc henefillllllount Ihrough his employer and II privule life
inslllance policy hul not including nny "dollhle alllollnl" received under his employer's Accidenlal Deulh &
Dismemhermenl plan), The children would he nllmed as heneficiaries nnd the money sel up in IIlms! fund
to help wllh their cllre since DlIvid's monthly child supporl payments would cease in the evenl of his dealh,
II is sllggesled Ihal David also designate Kennelh BlIker as Iruslee for Ihe children's henefils Ihey would
receive from his life insurllnce or Social Securily hencfilS in Ihe event of his dealh, This wOllld onsure Ihat
only one person would hllndlc Ihe inveslmenland dislrihulion of all henefilS the children wOllld ho enlitled
10 in Ihe evenl ellher parent. or both pllrcnls, die before nny of Ihe children rellch I K yeurs of lIgo,
VISITA'I'ION,
Duo IOlho YOllng ages of Katelyn (4) and COllrtaey (2),frell"ent allornnting overnighl stnys 11\'0 nol
advlsnhle nl this lime, lIowevcr, nny lime Katelyn nnd/or Courtney wish tn stay overulKht with their
lather on hi. vlsUallnn dnys. Ihey will be permitted In da sn.
The safelY and welfare of Kalelyn (4) and COllrtney (2) are of IIlnlOsl priority, David has diffielllly
IOmaining lIwake which poses a definite concern IInd a sllldy isslle, Unlll David's difllollhy In slaying
awake is resolved, H is reqllesled Ihal David's visilalioru, with Katelyn ami Comlney he condlleled 1I1 his
(lUrenls' home.
Davill will have III least Iwo (2) weekends each nlOnlh, There will he IWo\l1onlhs elleh year lhal David will
have visHalion ~n three (3) wellkends. David willlllso have Iwo (2) wlleknight visHs OR one ovemighl
weekly visit, ~L~ill ",. ".p..I.tlIOll"i". alllle tle"igaakltl-pW".lIfHimectm~...ne..,"'kHllul.lu::.wi.ll.lw
delayed & a now lime .~_ll~l~rm"!~.(I,)lf Dllvid is 11IIe lInd docs nol ellll, il is onderslood Ihllt PlIlrieia will
procee,fwTih'iii;:v.p'f,ii;s she mllY hal''' lInd Klltdyn & Courlney mllY 001 he IIvallllhl" to go with him, On any
visHlllion dllYs in which Ihc"Kirlsa""!,ol slayillg overnight',il is liS ked thaI Dllvid relurn KlIlelYII and
Courtney 10lheir home ~10!'!JI{e,"ept for pre-arranged speeilll eirCII\l1stances, 101l1l0w them lime to
prepllre for belhime lInd get !ll"bed atlln IIcceplllhle lime, If David hmUl1!'..f~l!~.r".!'_(I,~'crnighlthroogh the
week. he will be responsihle for gelling Ihem 10 schoolln.llrs~1)' schoolll~<l/~_PlIlr~me Ihe ne^,
morning. Dnvid and Patricill will arrange weekend vfsitutions on nn l.lltcrnuling weekend hHSis, however,
-
eaellplirenl's fllmily or social evenls & work schedoles will he considered when plllnning Ihe schedule, Due
10 Ihe uneerlllinly of some fllctors (i,e" work schedole chllnges, soeilll events, illness of children or eHher
parent on theiT designated days, cW), it is proposed Lilat IJ"vid nnd Patricia he ncxihlc to any changes or
"switching" (If weekends or weeknights thai may he required due to unforeseen circumstances, If the
children have noy school, sport, or social event scheduled for a weeknight or weekend, the parent who has
Ihem on Ihlll designult,d duy/nighl or weekend will he responsihle for gelling Ihem 10 their uctivily, Olllhe
evenings lhut DlIvid does nol huve Ihe girls, he is welcome jo cull,h, girl""" ~~m if he wishes,
David ~lII..be_inf(lr.!!le.!I.QUill_of his duughlCrs' school concerls, pl'Ogrums, trips. conference~,_QJl;..JilLl!llU.hc
..ffi.lliilllimd if he wishes, He wiil ulso'flCl(cptupuarcaun'lhcinchIKJI,,,,.formanco::{i:c:;:iQjKltl "ird, tll1lL
grndes, a"hieveni';nls. posilive,or neg!.\livJl,Jcc,~hllc~_ctc.J,.medicllLbsues. cLc, Duvid & PlIlrieill will
C'ol'tlnlle I,:!jo~ntly discuss rnlljor is~~es Ihat ma~ mise involving.~.:'~"-~i!i~d1.<>_~,:!~'-n1..Lnc 1~.!lpplOpriale_.
~on. -~_....--~~-_.
IT IS PROPOSED THAT THE MAJOR HOLIDAYS BE WORKED OUT AS POLLOWS:
(Lumen & Kristen will be expected 10 go with Di,,,'jd on ttt least Raster, Thllnksgiving & Chrhnmus 10 their
Grandparents' house).
New Yenr's Duy- Willllhernale having dinner wilh David or P"lricia each yellr.
Easler Sunday- Will he home in Ihc morning to see whlll "ElIster Bunny" brought.
Will ahernllle hllving ElIster dinner wilh DlIvid or P"tricia ellch year,
Thanksgiving Day-
Dinner with Pulrieill's fllmily (curly "fternoon),
Visil with DlIvid and his family in evening, Sillee his family eals Thllnksgiving
dinner around 6 pm or laler. children could end "I' having dinner there also,
'Children can sleep over if Ihey wish when DlIvid h"s them for Ihe 3 dny weekend following
Th"nksgivlng (see helow),
Chrislmas Eve- (Day and night)
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In the Conrt of Corom/III Pleas of'
CUMBERLAND
County, Pennsylvania
Phone: (717) 240-622$
/)o,\n:Sl'IC RnAl'f()NS
1'.0. BOX J10. CARI.ISU;. I'A. 170lJ
Fax: (717) 240-6248
JANUARY 7, 1999
Plaintiff Name: PATRICIA L, CASSEL
Defendant Name: DAVID M, CASSEL
Docket Number: 00015 S 1999
PACSES Case Number: 427100623
Other State ID Number:
Pl..... nol.. All corr"p'lIId."r. mllSl ."'lod.tb. PACS.;S C..,e Number.
IlIDI.m.e and 1b~lJse Stlllg.!mm
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a huslness of which you are owner In whole or pan. you must
also filloutlhe Supplemental Income Statement which appears on the lasl page of this Income and expense
statemelll, )
INCOME STATEMENT OF -llUuc/{l
l\I{)() ('(IS~,~1
I
I verify that the statements made in this Income and E~pense Slatelllelll are true and mrr~cr. ] understand Ihal
false statements herein are subject to the criminal penalties of 18 Pa, C,S, ~ 4904, relating to unsworn
falsification to authorities,
I ,i) L 'f fl,,,, '_"'. '..
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Dale 'PI~il~I!!!9r Defendtilll
INCOME: _..~
Employer ~11(nl.\(h. l"L ,If) oiL-,'~ '.:>h,r_Id
? (J '"\\., ~ ~ ""I {\l ~ ~I P
Address l1~C~f/{t'r :;"t, , Cilir.4:l.JJ dJ , fl Irl()~~' O{""L
Type of Work XCICI medlUiIL '.')(', ,.,,,..., De, 12 (rlliifll L)u1...e.LI~C('C'dl~)(d.cL.
(rlub/le ~e/~ti:((')(l.'J) ,
Pa/roll Nil. D5'13lv Gross Pay per Pay Period $ 4:LU0::~Pay Period (wkIy" hi-wkly" elc,) ~~
Itemil.ed Payroll D.ductions:
Federal Wirhholdlng $ :l~,~;;~ Social Security $Lk i"/ "- Local Wage TaK
Stale Income Tax $ i!O,YD Rerlrement $ ) Savings Bonds
Credit Union $0 Life Insurance $ "'i Health InsuCllnce
-
5hl.'/(' /:1',- /'" (j'<'(lhl J, ".f $~, (i ,)_
$ :~:7
$u
$';'1, 'II
Olhel' Deducrlmls (spr' ify)
$
Net Pay pel' Pay Period $ ~ O:;(j '1 '7
Service Type M
ForIllIN.OOS
Worker 10 21701
Income and E~peIL~e Stalemrnt
PACSES Case Numhcr 427100623
r-' -
OTHER (Fill In APPlOprlare Column)
INCOME - ~ - --
WEEK MONTH YEAR
-
Interest ~ ~)(jV,",':J ~ $ -._~.- $ -----..--- $ 9, bU
';(1/,
Dividends ... -. .--.-.. -..-..
- --
PelL~ion .'~---.--, , '--
---
- -
AlUlUily .--' ._-~,
.
-
Suclal Securit)' -- ...., --' --
--
Rellts .--- '---.-
---- ---.-- --
Ro)'allles - '---
.p--
-
E~pense Account --
-
-,-
Gifts -~ '---
~-
, -
Uncmployment - --
Comjlensalion --,
- --
Workmen's - --
Comjlensalion -----
f--
IRS Refund
-- --
Odlcr - -...
Other --.- -- -
-
TOTAL $ $ $
TOTAL INCOME $
-
EXPENSES
(Fill ill Appropriate COlumll)
WEEK
MONTH
YEAR
Home
-
Mongage/Rent
----
$
$(g~lf;
$
Maintcnance
Utllilies
Electric
1/1'/" ,.
-.i.
--
Gas
Oil
I, 51t. "
1:.3:.;,0"
Telephone
Servicc T)'pe M
Page 1 of 6
Form1N-008
Workcr ID 21701
IncOllle anJ Expellstl SWClllell1
PACSES ClIse Numher 427100623
.. ..
1--- (Pili III Apprnprllllc COIUIIIII)
EXPENSES
(conllnued) WEEK MON'I'1l YEAR
---, --- -
Water $ $ 'I/). qy $
,- -- --- ----
Sewer 11' (1..
...... '1,;6. . (t'd'if
.. .
-
Employment
-
Public TrallspOrtlltlulI $ -_.-.-~. $ -.-.. $ '-.-
- .. '--
LUllch II 1'7 .. -- -
, ,~] 0
.. --.--- .
- -- <---.
Taxes
-
Real ESlale $ --- $ $ / G, 01"; ..
Persolllll Pwperty .--- '-.-- t~~ 0'
- .. c(.,
J ncome
..
Insurance
,-
Homeowners $ - $ .------.- $117, \1).'
AUlOlllohlle .--- ~. 0"
~ 1,%"
Life (lOf ,/I( h -
dl'drl) -- -- Clf '.':
---~~
Accldem '--- ...--- ! --
Heallh I
~-~- ----- , ,-
-
Olher .
-
-- r.----
AutomobUe
PaYlllems $ $ $
-- I---'
Fuel -.. nfjo, L~ '-.-..,.
-
Rellalrs
Medical
DOClllf $ - $-.)'(; i\. $ _ u._
DemisI -'-_.-- .--.- 1/.1/'(1. u.c
Onhudomlsl ----- Ii 1 :~'~ :i i ,-
1,/)
Service Type M
Page 3 uf 6
Fllfm IN,008
Worker ID 21701
Income aod Expeose Statemeot
PACSES CliNe Number 427100623
- ---
EXPENSES (Fill In Appropriate Ct~ullln)
(conllnued) WEEK MONTH YEAR
---- -
HONpltal
,
Medicine ---, It /:J. {J, .J, -
,
Spccialoeeds (glasscs,
braces. nnhopedlc tSJ'l./, '"
devices) '-- -
,
Educallon
Prlvale School $ <-..---- $ .-~~. $ .-._'
" .. "-
Parochial Sc1uull -.-- - ----
..
-- - --
College "'-- - ..n'_'
Religious .._..~ .~.. --,' ,
,-
Personal
-
Clothing $ $ ~.6JO. ., $ -
.--
F lid ! mel, !',"h<<") '-_._._~ /i,1~o 0.:-
() I. 11l1HJ-o.. --
-
/Iarher/Hairdress~r ,~ ---- I -'ltc, OJ!
-
Credit Paymems:
Credit Card
Charge Account
Memberships ,.. '...,
..
Loan~
-
Credit Unioo $ '- $ .- $ ----
- "- -
MIscellaneous
Household Help $ - $ ~._- $
Child Care ~ ,'1'" ..
--. j -'
"- '--
Papcrs/Bo(lks/Magazi oe - " -- "I
-"..--.,- ~'ft<{!
r----- ..
Entertainmcm
Pay TV (>(/~",. ) /, <3' 'f
I. -,
Vacation
Service Type M
PlIge 4 Ill' 6
Form IN-008
Worker ID 21701
'nC(lIIIC anll E~pcIL~c Statcmcllt
PACSES Casc Numhcr 427100623
INSURANCE
Health/ Accldenr
Disability Income ( ,H' "I '''1 ''':.d::.:...!..}..)
Dental _~I])(,(< 'rJlv,: (,,~~U, '..",'1(1 2A'fl'I'("j(>'ll~(_(;"
Other . p{~'(('jJll '" ~"'( \, (~I"< (",,) 12,/" """'Id lIB, J:./'I ')t.. 'I,J I)
~ H - Hushand W - Wife C - C(lmhinell J _ J(llnr
COVL'rUMl' Ifl
CUMI'ANV
I'OUCY #
fI W C
--
SUDulemrntRllllcom~
a, This form is to be tllled Ollt by a person
f If who operates a business or practices a protiJssion. or
2 who Is a memher of a partnership (II' joint venture. 01'
3 who is a shareholder in and Is salaried hy a closed corporation or similar elllity,
h, Attach to this statemenr a copy of the followlnl! documents relating to the partnership. joinr
venture. huslness, profession. corporation 01' sImilar enrity:
(I) the most recent Federal Income Tax Return. and
(2) the most recent Protit and Loss Statemenr
c, Name of huslness:
Address and telephone numher:
d. Nature of business (check one)
(I) partnership
(2) joint venture
(3) profession
(4) closed corporation
(5) other ,
e, Name of accountant. conrroller or other person In charge of tJnanclal records:
f. Annual income trom huslness:
-
(I) How otlen Is income received'l
--
(2) Gross Income per pay period:
-
(3) Net Income per pay period:
(4) SpedtJed deductions. if any:
-
Servlcc Type M
Pagc 6 of 6
Form IN-OOB
Worker ID 21701
C..k nltll IIlSII1'"
c....a,P.trlal. L~nn
4'1 Nt Allin brlva
HMltlJf'llGlbur. PA 1 i'ItS
aN, 171-11-'111
1:..,loIHIII,
e.,s' (tn,.,l
lAlflllel":
JlI~ '1'111.0;
ra Rll.1
....,,,
MAU thtd Praf....DfIIllI ho A.,..
CHIIA
'~Ilallrv Outr..uh Caord
S. 262.1' Annual
Multellltl'''':
AU""I'u:,,:
A~~I, "tI,/
Ilntll.
I
Ilnt1.
. ~ - T .....,.
...Currll"'... _,~I'U... 11''''''''0.
RIltl lIoun Jd.r!!llJt._ IIlIun t;.,nln.. . Omenl \'lll .
1II.",lar PIV 1,OU.a 1,'15.00 U,lljO.!I!I FED OAlur IPhlb ".41 1,514.'"
VauttDR 24,11 441.4' IU.11l Z,....41 rEn FICA "-dlca U... 14J.64
lIf. If.\. Crtdlt 1.11 0,01 91." no Nt thholdlnl '19.74 ',tl1.SI
P.,lon,,1 Paid T t.OI I,.a. 211.U PA NI thhaldln. St." 1,049,10
lIIa",a.r IlK'nln. I." 0,01 20'.011 PA U Allan 1 1'.'1 516,"
,1a,IC Tt_ 01'1 '.01 1.0' 151," PA E Pann,b , 11,11 10,00
- 2".00 141S.ZO :!.It.D,aCl 3~1!tO.1I ---1L!'" or
515.5'
. - , . :;;;;;;;:;;r;:o
'r;;':::;; VTn In.....;.... ,.; -,-;;;;Oi Co..... V'rIl
....Ith Ji,lI '4I,lI Hlpnrlc. Club O,ZS 6.15 LI'. . 1.00 1.01
Dant.1 1.21 n.SI Dependant L I I. 1..4 41,"
lIf. 5,11 '5,01 ll~pl.llant.l LI I." "',It
Ihrt Trll Oh<<.l 6.92 114," hvlnl' lund, 0.01 n.lO-
n.pendant LI,. 1.10 1.1t.
Long far. Dlnb 1,01 1.61
'fotlll 1.243,)5 TottI: - .1', Ihle
4'.15 4,01 '5,30
" .. , "
Iv::; 1,.n.20 1,"27.11 ~~~' " , Sl,1I . 1,059,10
""'0 'I n "1,61 , , ".!L.. t]':91 471, ..
Sllrt 8,hnu:<< .... S'lrt 1I,I.ntt: '.01 5'." Oll,nte: 0.00 .~~~~ ::
+ AVIUllIle: 1..,.. + Eerne4: 41.00 + Elrned: 24.00
. r.kllll 115,10 . Takenl 16.00 . rlken: '''.00 TOlll;
4./. Ajl~""",," 0.00 fl. A"..,......" . .. Suld, 0,00
En4 Balute: 55,00 .;.4 Rllaner. JZ,OO + /, A.'o'lnllnll: 0.00 Document Ill: 000000000404
.;nll B,",nc:e: 0.00
MESSAGE,
<fIlGHMl\RK.
p, 0, Bo)! 1100I'
C.mp filii, PA 1I0BO.OOIO
I',) O'OU,:
IIIY"falrllhtc:
r. I:nd Ihll'
Mlet ~.,OO EM.~t
lZ/U/U'O
01/01/19"
Cht<k to 000177905
Cht<k Do", OVll/1'"
C....l,htrlClI. lvntl 1:""1,,,..111' DOS'" TAX IIAlA' l'IIt...1 Stl" -j
401 "t '1.ln Drive (.'o,t (.'~nte'l MAC' "~d Profl,.lon.' ho "I,., MultIliISt.tut: Iln,'. Iln,.1
H."hlnlubbf" Pi 17111 I,nuU,,": CIlO.A AlIow'"C"l 1
NN"', '''-00".115 ,'uhl'itlll: hn.f Icd.ry Otlt,..Cjh Coord IUd1.I'l1.1
- l'lv A.",,; JI,l'Z,OO Annuli Ad", "",'
1I01lR5 ANIII:ARNINllS - -:1.1U..... 'l'AXI:S _J
I)"crl.lloft ."CUff""t'" 'loml"llo" VTn I
A"~. IInUft t:.r~ HUlIts t:'Unlnos CUff..nt
....ul.' PlY US,IZ 40,00 n!L8Z FED OASDIIO,...b ",,01 19.54
'Iu li.. Off 1,00 117, ._ 8,00 1.1,1_ fED FICA HldloM 20.9" 10,'4
P.r.one' P.ld t ]l,OO 511,6. 52,00 SU.64 FED Withholding 222.51 lZl.51
PA Withholding 40.40 40.40
PA E Plnn,b , 10.00 LO."
PA U Allin r 14,12 L,,12
"1.00 1 471,62 10.00 1 411.62 0 598.18 3'1,1' 0
, .. , . ..
-1L='Dtllln Curront vm 1)(lctc.1n.t1nn. ~".."., 0;11 nCll,IDllnn Currenl YTD
W..lth 20,66 211.66 Itlahftark Clut1 1t.2!i 0.2S llf. If 1.16 1.51
D.ntal 1.25 1.25 Dependant Uf_ 0.46 0.46
Shrt Tr. DI.Cal 6.92 6,92 Sup,..."."t.! L1 5.951 3,93
1'ut.l: -
ze.n 28.11 Toll I: 4.60\ 4.64 "l'.".hlo
" " " .,
CU~f~~: 1,471.62 1,"44,17 191.11 ~S.tt1 t 1,059.'.'
I, 1 471.62 I ",,'1 191.,11 n.'" 1.059,91
,. " 'Wlllllll..
Slln n.llnce: 15,00 Slar1 rlltlllu:o: 0,00 Sian Ralance: 0.00 ADVICE II
... Available: 160,00 + .::uned: 4I.on + .:Ilncd: 24.00 ''''eK t,
. lebn: O,oft . 'faken: D.OO . Takon: 6,00 Total:
+ I. ""-'Ullmon": 0.00 +/. Adlll_.tment.: .... Suld: 0,00
- llu(umenl II: 000000002490
.:nd R.lnco: 213.00 .:nd Palance: I'tI,DO + ,~ Adlu~lmDnls; 0.00
(':od nalance: 16,00
MF.SShIJl::
<HIGHMl\RK.
p, 0, 90)( 890nB9
Camp Hili, PA t1089-0089
DEI'OSIT NOTICE ONLY -- NON-NEGOTIABLE
DAlE 01/15/1999
NO,
000177905
m:rosn AMOUNT .
1,039.97
'.
C....1.P~trici. Lynn
401 Ht Allan Driv.
H.eh.nicsburg PA 17055
ceo 0
Checking
A ell
0500052190
. .
1,as9,97
MIl * 0062
I.llfA'fIllN CH01A
III:I'T 0289
"olal:
039.91
DEPOSIT NOTICE ONLY n NON-NEGOTlAIII,E
~IGHMt\RK.
Pay Gn."
Pay 8"', Da'"
Pav En" Oate:
M.~t 4',00 (He.,t
IZ/IZ/U91
M/Z5/1 '"~
Ch...." 0000485:
c....t'P.trla.. L~ Empl.y.. 'D, 1159]6 ~ ..' .6Ia"
.'1 Nt Allin Urlv. Coste.fller: MACT Hed Pro,...Jo~l SVa RIPI Mlrlt.JSt,'usl .lnll. 5'ntl.
",ohenle.bur, PA 171,S Locaflon: ClIOIA Allo"II*: 1
J.. TIll" "~fJnJ.ry Outrlach Coord A44/, Pet"
8SN, Ill-II"UIS P!!,.Jlat" 5',262.0. Annul' -"4dl, Am..,
.. :uiii:
'. JIOUItSANDF~RNINaS ..
....Curren'... "'''VTD...
00 __~If' . flolI'. _ t:trnlnll "oun Earn'nl' Deftrf,tlon C!!!l!QL. \Tn
Rltu18r PIl" 1,030,14 1,n],OO 15,140.55 FED OASDI/IU..b ".41 Z,3Z4,54
V'OltJon 14.00 441.4' 163.00 2,"',41 FED FICA HIC:UOf lI.., 14].64
Uf. In. C,olt 5.5' 0,00 93.00 FED Wlthholdln, 119,74 5,'11,31
P.non.. ,.id T '.00 16,00 "5.U PA IUthhoJdJnl Sf,,, 1,0"'.10
""-'llIr r.rnin, ..00 0.00 207.06 PA U All." T 14.71 5",,,
PhH fA.. Off '.DO l.aD U7.96 PA E P,nnlb T 0,00 10.00
TOIII: 2..00 _L475. ZO : 16IL ll.-. 3'----L150.1I .ID'!Ili....,. 313.59 ., 9Z&,CZ
-
. """'- -'- -'-.:.: I -
C...... ...J'1IL I U"lliltllmL QImnt. _YTn ...srIItlo. ..c."'.I Yrn
Health :16.". "5.21 Hllhtt.rtc ClUb 0.25 '.75 Llfa M 0.00 I ..
hnlal 1.15 51,S, OapW\dent L I fa 1.'4 0.8.
Lila 3.5' 93,01 SupphaenteJ LA 1." .""
Shrt lr. Ohf.l '.92 174.4' Sa" An.. lond, '.00 U.50-
hpandant LU. 0.00 1.69
Long rer. DAub 0.00 2.63
Tot.l: -
41,03 I 145.55 ToI.I: 4.8' '5.50 . T.x.hl.
. IONS "NET PAV
Currlftl: 1,.75.28 1,427.17 513.59 51.11 . I,Dn.50
vrn, 5. 75. ~ 57 4'l.n . m.'2 ...1.355.'2 27 47'.24
L:.. lOlJTlON
St.n B,'.nce: '.00 Slln Olllante: I.OD Sllft O.I,nte: 1.00 CHlEC<< 'J
+ Aval/..I" 1".00 + E'l1led: 4'.00 + Earned: 24.00 ..ADVICE "
" Tak.., 115.00 - T....n: 1'.00 - faken: l4.DO __ Tot.l:
1+/. AdJ'"!!!'.''' 0." 'tt Adl."m..t" -..O...lll . Sold, 0.00
End n.t.nce: 55.00 En' Balance; n.08 + /- A'Juttmentt: '.00 Doeu"'tnt/#: 000000000404
.
En' Bal.nee: 0.0'
Cblfk D,'e U/J1/1!!L.
MESSAGE,
f-IIGHtv1t\RK.
P. 0, 80)( 890089
Camp Hili, PA 170.9.0089
DEPOSIT NOTICE ONLY ,,- NON-NEGOTIABLE
DATE
01115/1999
NO,
000177905
DEPOSIT AMOUNT .
1,039.97
.,
Ca..e1,Patricia LYnn
401 Mt Allen Drive
Mechenic.burg PA 17055
c. ,
Chick In,
ceo be
OSOOOSU90
-
1,1)39."
f 006Z
\'fiCIN CHO 1 A
DF.I'T OZ89
fTotal:
---
.
1 It , ,
DEPOSIT NOTICE ONI. Y "- NON"NEG()'I'IAIlI.I~
,.,..W.I W. e .nd T.I Blatemllnt1887
. r:_M,., A~1.f76 VO.I; '"om.I.I
lie . U..Onl >
III '!'!II4V'!I,'.I'!~III."I."",,,,,..,
U 12"'123
..1",,1.,', MIM, 14;,..., .IMI tIP ,04,
Co
C lor Employ.e
OePlrtmflnt ot the Trellllury ~ Internll Aevenu. S
OMI HI_ Is...
Hillhmerk, Ino
1800 C.nt.r str,..t
C.mp Hil), PA 17011
W....,tj'.,OIMrcO~."...ljD"
"3,193,54
3 'oc:I.'..cllrltyw....
33,395.56
II M.dic..,.wa,...ndl.!l'
.)3,395.56
, Adv.nc. It p-VlMm
. ,,,.lncOIM,uwlh.
4,391.51
. 'ocl.l..curityl..wUhh.1I1
2,070.52
. M.dlc.,.tallwlthhlt;
484.24
10 O.pend.nturt "lIIfltt
· ':N'f5.~ol2'i'5.'."'" "m",
. .h;i.... MtIM lnrtt, ",14;1.'nlll.l, '"" Hd,.", .nd ZIP cOlI.,
11 NonquallRl' plan.
12 841n.". illGllIlI.4ln BOll 1
0062 CH01A 0289
p.trioi. Lynn C....l
401 Mt All.n Driv.
M.oh.nio.burg, PA 17055
13 he Intlr.. '0' Bo~ U
C
22.78
" otMr
EDV
195.00
"
o D.c....'
11 LoulltyN.mtI
U All.n T
ru1 P'Mlon
101 pl.n
20 lOClI wgU;.ljpl, .tc.
31S3D!>,76
O 0 "~m
hlttolfl (IImp./
21 loullllCume tn
333.6
'If 'ta.. Irn"i1"'ttW 1,0_ numb.,
......"~~t...._...~l~!.~!_~,~"...,...
17 SIll"wglllll~lll"'1c
3.)1,0.76
"'tel.lncom.".
934.26
1887 Form W.2 Wille and Tax Slatement Explanation
The.e In.lruellon. lurthor donn. lho ..nl.nl. or ..rt.ln bo... II Ih.y p.rt.'n t. .ur .omp.ny,
BOX 1 . w.g.., lip!, .1.... .ompen.allo" (F.d.r.' Or...' In addition 10 Wage., Ihl' lotallnclude, Taxable Dl'ablllty PaymonlS, FOdoral Taxable
- Relocation I:xpenses, Auto Allowance, Telephone Allowanr.e, Taxable TUI,lon, E;mergency Travel and Excess LIte Taxable Premium paymer
'This total does not Include tax exempt benetlt deductions ror Dependent Care Reimbursement. Medical Reimbursement, Pre-Tal< VIP,
Supplemental lite Insurance, Expanded DentalNlslon, and Health Care,
BOX 3 . S..,.I S..wlly Wlgl. (F,I,C,A. . 89 Oro..) In addltlo" to taxable w.ge., Ihl' total Include. Taxable DI..blllty peyment., FICA 55 Ta.,
Relocallon Expenses, Auto Allowance, Telephone Allowance, Taxable Tuition, Emergency Travel and Excess Life Taxable Premium p.ymer
This total does nat Include tax exempt benetlt deductions tnr Dependent Care Reimbursement, Medical Reimbursement, Supplemental We
In.urance and Expanded DentalNI,lon,
BOIi!.' S..,., So.wlly T.. Wllhheld (F,I,C,A, . IS Ta., The Social Security tax rale tor 1997 wa, 6,20% to a maXimum gro" of S65,4OQ,OC
80X I . M.dl.... W.g.. (F.I,C.A, . MED Or...) In addition to ta.able wage" this total Include, Taxable DI.ablllty Payment" FICA MED T.xable
Relocation Expenses, Auto Allowance, Telephone Allowance, 'raxable Tuition, Emergency Travel.and Excess Life Taxable Premium p8ymen~,
The total does not Include the tax exempt benefit deductions tor Dependent Care Reimbursement, Medical Reimbursement,
Supplemental Lire Insurance and Expanded DentalNlslon,
BOX 8 . Modl.aro T.. Wllhhold IF,I.C.A,. MED T..) The Medicare '.X rale for 1997 was 1.45%, Thorels no ma.lmum gro",
i
I
S.!1... Advlnce Ele Plymenl Thl, box shows the amount at Advance Earned Income Credit you have received, For 1097 yo~" lnqome must
boll... tha" $25,760,00 and have a qualifying child 10 be eligible for Advance EIC,
80X 10 . Dep.ndenl 01" aenent. This total Includes Dependent Care Reimbursement deductIons,
II2lUJ . Banont.lnclud.d In B.. 1 This box 'how, amount' already Included In your Box 1 wages. This InclUde, Aulo Allowance, Telephone
Allowance, Taxable Relocation Expenses, and Taxable Disability,
!SIx 13 . This box show. Individual lolal, lor Exce.. Life (e), Pre-T.x VIP (D), Non-taxable Dl,ablllly (J), Uncollected FICA 55 Tax (M),
Uncollected FICA MED Tax (N), Non-T.xable Relocation (PI,
!Q!!J~ . Olher Thl. box 'how, Individual total, lor Non-Taxable Tulllon (TUI) Expanded DentaINI.,on (EDV), Supplemental Life (SUP), M.dlcal
Reimbursement (MED) Long Term Dl,ablllly payment' made In 1997 (L TO), Employee Slate Unemployment, and Auto Allowance (AUT) ,
!2lL1Z . It.le Wage. In eddltlon to 'axable wage" thl, tol.,lnc'ude, Relocation Expen,e" Tuition, Auto Allowance. Telephone Allowan.. and
Emergency Travel.
This totol does not Include MedIcal Reimbursement, Supplemental Lite Insurance, E;.<panded DentalNlslon, Excoss Lite PremIum payments,
Health Care deduction" or Dl,ablllty payments, (Unlike Fed.ral Wage" State Wages are NOT lowered for the following benellt deductions
401 K Trades ror Health and Dental, Dependent Care Reimbursement, and Pre. Tax VIP ,)
-
-
80X 20
. LocII W.g.. In addition to taxable wages, this total Includes Relocation Expenses, Tuition, Auto AllOWance, Telephone Allowance and
Emergehcy Travel,
This total does not Include Medical Reimbursement. Supplemental Ufe Insurance, Expanded DentalNlslon, Excess Life Premium payments,
Health Cere deductions, or Disability payment~, (Unlike Federal Wages, Local Wages are NOT lowered for the tallowlng benefit dl!lducllon,:
401K Trade tor Health and Dental, Dependent Care Reimbursement, and Pre. To x VIP,)
Form W.2 Wege end Tu Slalemenl
IRS NOTICE TO EMPLOYEE:
WHIC~I COPIES TO FILE - File Copy B at Ihls lorm wllh your
1907 Fedorlllncome fix ret!Jrn, Attach Copy 2 to your stale
or loca' reI urn, Keep Copy C tor your records tor at feast 3
y..rs aner Ille duo dalo lor tiling your INCOME TAX
RETURN,
REFUND - Evon II you dO not have 10 tIIa ala. retllrn, YOll
Should IlIe to gol I relUlld II Bo. 2 shows FOdorlllncomo
till( Withheld, or " you can take ~he eurnftdlncome credit.
EARNED INCOME CREDIT (Elq - YOll musl IlIe ala. rolurn
II ony _mounlls shown In Bo. 9,
For 1997, II you alrn loss than $9,770 and you hava no
children, It you "arn less thart $25,71:10 and you have one
qualifying child, or II you oorn less Ihan $29,290 and you
havo Iwo or mare qUlllfylng Child",", you mlY qualify lor
lhe olrned Incemo credit, Any EIC thai I. moro Ihln your
I.. IIlblllly is refuncledt" you, but ONLY ,t you 1110 a ta.
roturn, II you hlvo It laul one qllalllylng child, you may
gol IS mUch as $1,328 at lho EIC In advanco by compllllng
Form W-5, The 1907 Inslructlons lor Forms 1040 and 1040A,
'nd PUb. 59ft, explain the fie In detail. You can get torms,
Instructions, and PUblicatIons by calling loll-free
1-800_ TAX-FORM (829-3876',
CORRECTIONS - II your nama, social security nllmber (SSN),
or address Is Incorrect, correGt Copies B, C, and 2 and ask
your employer to correct your employment record. Be sure
to ask the emploYflrto tile Form W.2c, Statement at Corrected
Income and Tax Amounts! With the SocIal Security
Administration (SSA) to correct any namo! address, amount,
or SSN error I'aperled to lhe SSA on Copy A 0' Ihe Form
W.2. It your name and SSN are correct hut are not the
same 85 shown on your Social security card, you should ask
'or .. new card at any SocIal Security oUlco or call
HOO-SSA-1213,
" you already tiled a return and receiVe a correcred Form W.2
or Form W.2c, you may need to amend your Income tax
relurn by "ling Form 1040X,
CREDIT FOR EXCESS SOCIAL SECURITY TAX _ It more than
one emplover peld you wag.s dUring 1997 and more than tho
maXImum social secur ,ty employee tax, r811road retirement
(RRTA) tax, Dr combined social security and RRTA tax was
Withheld, you may tlalm the excess as a credit against your
Federal Income tax, See your Income tax return Instructions,
"'). o. Box 890089
Camp Hill, PA 17089.0089
006Z CHOlA OZ89
Patricia Lynn Cassel
401 Mt Allen Drive
Meeh.niesburg, PA 17055
, \
BOX 1 ~ Enter this amount on the wages line 0' your tax
relurn,
BOX 2 . Enter this amount on the Federal Income tlK
Withheld line of your tax return,
BOX 9 " Enter this amount on the advance I!larned Income
credit payml!lnt line of your tax return,
BOX 10 . This amount 15 the total dependent care boneftt..
your employer paid to you (or Incl/rred on your behalf), Anv
amount over $5,000 l'las been Included In Box 1. This
amount may be taxable unless you complete Schedule 2 ot
Form 1Q40A or Form 2441, Sfle the Instructions tor Forms
1040 and 1040A,
BOX 11 - This amounlls a distribution made to you Irom I
nonqualUled deterred compensation or section 457 plan, This
amount IS InclUded In Box 1. Or, It may be . contrlbullon
by your employer to 8 nonquallNecJ deterred componsath:m
plan lhalls Includad In Bo.3 andlor 5,
BOX 12 - This amount Is InclUdod In Bo. " I' there I. an
amount In Bo. 12, you may be Ible to deduct o'pon,"s Ihal
are relaled to trlnge ber,9tUs; see the InstructIons tor \'Vur llll<
return.
BOX 13 - Any amount In Bo. 13 shOUld be codad (Ietlarl. Tho
tal/OWing list explains the Codes, You may need thiN
Intormatlonto complele your tax return,
C - Cost at group-term lite Insurance coverage over 150,000
o - Elective deterr,,'s to . section 401(k) c.sh or deferred
arr.ngement
J . Sick pay not InClUdable as Income
M - unCollectedsoclalsocurltytax on cost at group.termlltft
Insurance Coverage over '50,000 (tarmer employees only)
(See your Form 1040 Inslrucllons,)
N . Uncollected Medicare lax on cost at group. term lite Insur-
ance covarag. over $50,000 (Iormar amployee. only)
(See YOllr Form 1040 Inslructlons,)
P - Excludable moving expense reimbursements
BOX 15 - It tho "Pension plan" box Is marked, 'pocllltlmlls
may apply to the amount 0' IRA contribution. you may
deduct. II tho "Dela"ed co,npensatlon" box I. mlrked, Iha
olecllvo delo"al. In Bo. 13 (lor atl amploye", end lor all
,uch plans to Which you belong) Ire generltly limited 10
$9,500, Elective da'e"lls lor .ectlon 403(b) conlrlet. Ire
IImllad to '9,500 1112,500 In limited clrcumstl"ce',.ee Pub,
511), The limit 'or 'actlon 457(b) plln. I. '7,500, Amounl.
over (hat must be InclUded In Income, See Instrucllon. 'or
Form 1040,
~~~~~NSfB[ETACCbUN'rm
~:':~-=1s~~~d_
David Boscov's
BALA~j6t: '
OWING AT TIME
OF PA YOFF
PAI15AMOUNt- DIFFERENCE'..-----
$6:5B5~63"
.,.. .m'$i73~2f
'$i73~2T-- ----::0-:---
David
~ 'SankBoslonu ..~ 'n. -. $5,850:5'0'..'-'''$3,802,59
$2,047,91
David _,_c Bank (5n9"-- -.-$6~393_:_6o.--' -'--$3,836,00"- -'$2,557,00
David
AT&r----- ,,-.. $9:0'49,50-'- '$7,520.00 . $1 ,35:C50-
(Universal and $177,001
Card
Montgomery $501,70 $50f.'70 -0-
Wards
Sears $1,752,51 $1, 752,51 -0-
First Card $6,430,98 $3,215,49 $3,215.49
Hecht's $227,34 $227,34 -0.
Triad Financial $8,720,00 $6,104,00 $2,616,00
j9aQltal On~ $60,36--
J.C, Penny $402,39 $342,03
Patricia
Patricia
Patricia
Patricia
Patricia
Patricia
JOINT-'-
MISCELLANEOUS PAYMENTS FROM ESCROW
SICO $31.42
Cable $12,64
PP&L $72,65
Waste $59,52
Mana ement
United Water $121.48
--
Patricia
Patricia
JOINT
David
As a result of the payoffs of the marital debts at less than the balance owing, It
is expected that the parties will have forgiveness of Indebtnesses Income for the
1999 tax year, It Is estimated that such Income for David will be $7,600 and for
1 $7,520,00 was paid out of the net proceeds of the sale of the marital residence and $180,00 was
paid directly from funds of David Cassel.
4
,j
2 White Melamine Finished Base Cabinets
Exercise Bike
Bulletin Board
3 Cans of Oil (I Quaker State and 2 Valvaline)
8 Christmas Records
Wardrobe
Delongi Heater
Chip & Dip Set
Set ofOlasses wlBirds
Plain Set of Glasses
Freezer Defroster
Refrigerator Coil Bnlsh
20 lb. Propane Bottle
GRS Grill Porcelain Cooking Rack
I Glass Oallon Milk Bottle
'j Plastic Oallon Milk Bottle
All Christmas Decorations
Manger Scene
Wood Slay
Playmate Cooler
Explorer 5000 Igloo Cooler
Thennos 2100 Half Gallon Cooler
Large Ax
Plunger
3 ft, Auger
2 Complete Sets of Luggage
Baby Crib
8 Rapid Start Bulbs
12" Zenith TV ,
SO Board Foot Pine Bqards
30 Foot Molding
2 Pieces Oallery Rail Finished
2 Cattle Water Controls
Box of Felt
Drill Bit Chart
Drywall and Wallpaper Tools
Tap Chart
Wall Paper Tray and Tools
20 Gallon Metal Trash Can
Plastic 33 Oallon Trash Can on Wheels
Rubbermaid 30 Gallon Recycling Can
Tucker 30 Oallon Recycling Can
Park Bench
20 Foot Metal Extension Ladder
6 Foot Aluminum Step Ladder
. '
"
4 Gallon Washer Solvent
I Can Transmission Fluid
24 BOllles 5WJO Oil
Transmission Fluid Funnel
4 Webbed Lawn ChaIrs
I Piece of Rubber 10' x 12'
Muck Bucket
8. 5 Gallon Buckets
8,2,5 Oallon Buckets
I Pressure Treated Flower Pot
50 Foot Extension Cord and Cord Wrap
Putty Knife
Needle Nose
Utility Knife
Can ofTransmissior Fluid
2 Plastic End Table!,
4 Rolls ofRI91nsuhtion
.2 Bundles of Sheet Insulation
Roll of Carpet From Attic
Screen House
5 Clothes Line Support Pole~
212 ft X 15 ft Tarps
callet - marillll IIllfament aut
Augult 18, 2000
.'
DAVID M. CASSEL,
Plalntlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL.vANIA
CIVIL ACTION. LAW
NO. 98.3183 CIVIL TERM
IN DIVORCE
j
va.
PATRICIA L. CASSEL,
Defendant
MARITAL SETTLEMENT AGREEMENT
THIS Agreement made this
..!} \ 'ii,
day of
,2000,
f-hLd~-f-
/
by and between PATRICIA L. CASSEL, of 924 Allenview Drive, Mechanicsburg, Pennsylvania,
hereinafter referred to as WIFE, and DAVID M. CASSEL, of 104 South 36th Street, Camp Hili,
Pennsylvania, herolnafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been Joined in marriage on
September 15, 1979, in Lemoyne, Pennsylvania; and
W~EREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
i
I
Cumberland County, Pennsylvania, to No, 98-3183, Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation, the
settling of all matters between them relating to the ownership of real and personal property, and In
general, the settling of any and all claims and possible claims against the other or against their
respective estates,
CII"" - mlrtUll .ettlemenl .gL
AugU'118, 2000
NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each Intending to be legally bound. hereby covenant and agree as follows:
1 , Advice of Counsel: The parties hereto aCknowledge that each has been notified of
his or her right to consult with counsel of his or her choice, and have been provla!:.:; ~ copy of this
Agreement with which to consult with counsel. WIFE is repre!ented by Carol J, Lindsay, Esquire,
and HUSBAND Is represented by Stephen J, Dzuranln, Esquire, Each party acknowledges and
accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, after having received such advice and with such knowledge as each has
sought from counsel, and that execution of this Agreement Is not the result of any duress or undue
influence, and that It is not the result of any Improper or illegal Agreement or Agreements.
2. Divorce: The parties agree to the entry of a Decree In Divorce, The parties will
eMeCute on the day of this Agreement, Affidavits of Consent and Waivers of Notice under Section
3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce,
3, Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and with the exception of those Items listed on
exhibit "A" attached hereto, that all personal property shall be the sole and individual property of the
party In whose possession It Is as of the date of this Agreement. Each will also receive as his or her
own separate property those Items designated on Exhibit 'A", Within fifteen (15) days of the date of
this Agreement, WIFE will make available to HUSBAND the storage locker In which the pel'$onalty
set out on Exhibit "A" and assigned to HUSBAND is stored. Within thirty (30) days hereafter,
2
caoHl - m.rtall .ettlement 'g!.
August 18, 2000
HUSBAND will retrieve the personalty from the locker, WIFE shall provide HUSBAND access to
the locker with 24 hours notice, Also on exhibit "A" are two Items which HUSBAND will return to
WIFE within sixty (60) days of this Agreement. In the event that HUSBAND does not pick up those
Items set out on Exhibit "A" within the time set out In this Agreement. WIFE may make any
arrangement she wishes to dispose of them, Any Items returned to HUSBANDIWIFE shall be
returned In good condition.
WIFE will retain the 1995 Dodge Van, The parties will cooperate In the application for
a lost title to 1995 Dodge Van, Within ten (10) days of the date of this Agreement, HUSBAND will
execute any and all documents required to transfer his interest In the 1995 Dodge Van to WIFE. and
shall provide WIFE all keys to said vehicle, The parties will equally share the cost of a replacement
title,
HUSBAND will retain the 1987 Chevrolet Celebrity Wagon, Within ten (10) days of
the date of this Agreement. WIFE will execute any and all documents required to transfer her
interest in the 1987 Chevrolet Celebrity Wagon to HUSBAND, WIFE will provide to HUSBAND any
and all keys to the 1987 Chevrolet Celebrity Wagon, The parties agree to execute the titles and any
other documents required for transfer of the vehicles at as set out herein by the Department of
Transportation at AAA Central Penn Auto Club office in Camp Hili, Pennsylvania. Each party shall
bear the cost of transferring the vehicle which he or she is receiving,
HUSBAND will retain his savings and checking accounts at Members First, and WIFE
will retain her che('.Idng account at Harris, Additionally, HUSBAND will retain his 401.K account with
Barnstable and the Pierce.Phelps IRA, HUSBAND will transfer, by Qualifled Domestic Relations
Order, If necessary, from his Plerce.Phelps IRA, $9,000,00 gross to a tax sheltered account In
3
ca.... - mlrilll '1\IIlmlnl Igt.
Augu111e,20OO
WIFE's name, WifE will bear the tax consequences of liquidating the tax-deferred account If she
chooses to do so. HUSBAND will cooperate In the preparation of any required Qualified Domestic
Relations Order, or In obtaining any requisite to transfer from Pierce-Phelps, by providing to WIFE,
within ten (10) days of the date of this Agreement, any and all Information required to make the
transfer, WIFE will retain her Pennsylvania Blue Shield 401.K account and her savings account at
Members First. The parties waive any Interest each may have In any other employment benefits the
other may have.
4, Real Property: The parties were owners of a home at 401 Mt. Allen Drive,
Mechanlcsburg, Cumberland County, Pennsylvania, The home has been sold and the proceeds
therefrom escrowed, The parties have paid from the escrow account, the following marital debt In
the approximate balances:
Capital One Master Card
Household Visa
First Card Visa
Bank One Visa
Harris Bank
J,C, Penney
Montgomery Ward
Sears
Hecht's
Boscov's
A T & T Universal Card
$6,104.00
6,585.00
3,215.00
3,836.00
3,802.00
342.00
502,00
1,753,00
227,00
773.00
7,520.00
The remaining proceeds from the sale of the marital home presently held In escrow
will be equally divided between the parties after payment of an additional debt to HUSBAND'. father
of $700,00,
4
<=1"111 - m.n"l .etUeme"t .gt.
Augult 18, 2000
5, Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient
assets with which to maintain themselves after divorce.
6. Marital Debt: The marital debt of the parties Is described in Paragraph 4 above, and
the disposition of said debt is set out therein. Each party will be responsible for paying their
respective parents for any debts incurred after December 16, 1997 and will Indemnify and hold the
other harmless against a claim by his or her respective parents or by any creditor for debts Incurred
sUbsequent to separation. Each party will incur no debt from the date of this Agreement for which
the other may be liable, and each shall Indemnify and hold the other harmless for any debt so
Incurred.
To the extent that there Is any tax liability for forgiveness of debt, each party shall be
solely responsible for reporting on his or her 1999 or 2000 Income Tax Retums the forgiveness
associated with the debt in his or her name and paid from the escrow account. For tax reporting
purposes, HUSBAND will equally report the forgiveness of debt for any joint account paid through
the escrow account.
7, CustOdy: The parties are parents of four children: Lauren R. Cassel, bom March 7,
1983; Kristen M. Cassel, born October 31,1985; Katelyn M. Cassel. bom November 17,1993; and
Courtney E. Cassel, bom January 26, 1996. The parties shall share legal custody of said children.
WIFE shall enjoy primary physical custody of said children, and HUSBAND shall enjoy partial
custody of the children as the parties can agree.
HUSBAND will pick up and drop off the children at agreed upon times and will
promptly advise WIFE If he will be delayed,
5
c:unl - m.ritll ..tU.m.nt Ig!.
Augult le, 2000
The children shall have free reasonable aCcess by telephone to the parent out of
custody. WIFE shall provide HUSBAND with information she receives regarding the children's
schooling and extra curricular activities.
e. LIfe Insurance: Until the parties' youngest child shall attain 18 years, the parties shall
maintain private life insurance policies with a death benefit of $100,000.00, excluding double
indemnity and accidental death, and shall list the Trustee for the child as beneficiary of said private
life Insurance policy as well as the beneficiary for any life insurance provided by his or her employer
and shall provide to the other within 15 days of this Agreement proof of Insurance (including the
name of the Insurer and policy number), proof premiums are current, and proof that each policy
names a Trustee for the parties' children as the sole beneficiary in equal shares. Thereafter, each
party shall provide sufficient authority to his or her life insurance companies to permit the party to
obtain conflrmation into the future that the Insurance remains In force and that the Trustee for the
children remains beneficiary.
The partles shall execute a testamentary trust, contained in a Will or otherwise,
directing the Trustee to pay to the children's custodian an amount at least equal to the last support
Order In effect for the children's health, maintenance and welfare, and to pay the balarlce of any
child's share for her post-secondary tuition, room and board.
The parties shall not be required to name the same person as Trustee for the children
on the life Insurance policies or in the testamentary trust anticipated by this paragraph, but shall be
free to nominate whichever Trustee they determine can best carry out the terms of this paragraph.
The parties will remain co-owners with the children on all bank accounts or
Investments made for the children as of the day of separation. Th3 parties will (.',()operate In the use
6
<=1...' - m.nl.ll l.tU.m.nt .gl.
Augult 18. 2000
of said accounts and Investment for the children's post-secondary education and shall contribute to
their education as they are able,
9. Attorney's Fees: Each party shall be responsible for his or her own attomey's fees
Incurred 1i1 connectJon with their domestic relations cases. HUSBAND will be solaly responsible for
any attomey's fees claimed by Anthony McBeth, EsqUire as escrow agent for the parties.
10. Exchango of Information: The parties have requested from each other and received
any information regarding their assets, liabilities, Income and expenses which the party requires
prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and constitute an equitable distribution of marital property and
debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23
Pa. C.S.~3502 including the length of the marriage; any prior marriage of the parties; the age,
health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and
needs of each of the parties; the contribution by each party to the education, training or increased
eamlng power of the other; the opportunity of each party for future acquisitions of capital assets and
income; U,e sources of Income of both parties, including but not limited to, medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation, or appreciate of the marital property, including the contribution of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the economic circumstances of each party Including federal, state and local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children.
7
can.1 ., m.n..' l.tU.m.nt .gl.
AugUII 18, 2000
11, ModIfication: No modification, rescission, or amendment of this Agreement shall be
effective unless In writing signed by each of the parties hereto.
12. Applicable Law: All acts contemplated by this Agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
13. Agreement Binding on PartIe. and Heirs: This Agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any Interest of the parties.
14. Agreement Not to b. Merged: This Agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be
merged Into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1geO. as amended, and In addition, shall retain any remedlellln law or In equity
under this Agreement as an independent contract. Such remedies In law or equity are specifically
not waived or released.
15. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
16. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all lime to come,
and for all purposes whatsoever, of and from any and all rights, titles, interests or claims In or
against the property (including Income and gain from property hereafter accruing, of the other) or
against the estate of such other, of whatever nature and wheresoever situate, which she or he 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
8
ca...1 - m.ntal l.tU.m.nt .gt.
Augult 18,2000
by way of dower or courtesy, or clalm8 in the nature of dower or courtesy, or widows' or widowers'
rights, family exemption or similar allowance, 01' 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 testamentai'Y, or all other
rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, 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 before the breach of any
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 01' 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 thereof, subject, however, to the implementation
and satisfaction of the conditions ~recedent as set forth herein above.
I
,
17. BREACH: In the event that either party breaches any provision of this Agr6ement, he
or she shall be responsible for any and all costs incl'rred to enforce the Agreement. including, but
not limited to, court costs and counsel fees of the other party. In the event of breach, the other party
shall have the right. at his or her election, to sue for damages for such breach or to seek such other
and additional remedies as may be available to him or her.
9
ca8801- answer and counler- claim Seplomber 8, '1999
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. ge. 3183 CIVIL TERM
IN DIVORCE
DAVID M. CASSEL,
Plaintiff
VB.
PATRICIA L CASSEL,
ANSWER AND COUN.TER-CLAIM.
NOW COMES Patricia L. Cassel, by and through her counsel, and answers the
Complaint in Divorce as follows:
1. Admitted the Plaintiff is David M. Cassel. David M. Cassel currently resides at 104
South 36th Street, Camp Hili, Pennsylvania.
2. Admitted the Defendant is Patricia L. Cassel. Patricia L. Cacsel currently resides at
891 Hawthorn Avenue, Mechanicsburg, Pennsylvania.
3, Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
Decree In Divorce.
By way of further answer, Defendant requests the Court to enter a
WHEREFORE, Defendant prays this Honorable Court to enter a Decree in Divorce.
(3)
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Oo\.VIO M. CASSEL,
PlaintJ.ff
IN THE COURT or COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. I 98 - 3183 CIVIL
PATRICIA L. CASSEL,
Defendant
IN DIVORCE
PRUOU.~
TO: Prothonotary
Cumberla.nd County Court of Common Pleas
1 Courthouse Square
Carlisle, FA 17013-3387
Please withdraw the appearance of Anthony T. MCBeth, as
COUnsel for the Plaintiff and enter the appearance of Stephen J.
Dzuranin and Wix, Wenger & Weidner, as counsel for the Plaintiff
in the above-oaptioned matter,
.-
(M,A.-
hen ran~n, Esquire
. . #52 53
508 North Second Street
Post Office Box 645
HarriSburg, PA 17108-0845
(717) 234-4182
. .
.
By:
Anthony T.
Esquire ~ 3> 7
I.D. # tJ
407 North Front street
HarriSburg, PA 17101
(717) 238-3686
DATE: 9/028/ 'f?
DATE: q - JB- 99
CI\wp51\.Jd\2dome.lfc\c....I..nl.r
,
/'
DAVID M. CASSEL,
Plaintift
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98 - 3183 CIVIL
Vs.
PATRICIA L. CASSEL"
Defendant
IN OIVORCE
TO:
Anthony T. McBeth
Attorney for Plaintiff
Carol J. Lindsay Attorney for Defendant
DATE: Tuesday, September 21, 1999
CERTIFICATION
I certify that discovery is complete as to the claims for
which the Master has been appointed.
OR IF OISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not complete
in order to prepare the case for trial and indicate
whether there are any outstanding interrogatories or
discovery motions.
i
'!here are no outstanding interrogatories or discovery notions.
'I11e parties will need to provioo updated valuation!;! for vehicles
and for retirerrent accounts as of the date of the hearing. Personalty
has been satisfactorily divided so far as counsel understands.
"
"
.
SFP '4 1999
DAVIDM. CASSEL,
Plaintiff
~ IN THE COURT OF COMMON PLEAS OF
I CUMBEIH,M'D COUNTY, PENNSYLVANJA
va.
NO . 9 B - 31 B 3
PATRICIA L. CASSEL,
Defendllnt
CIVIL ACTION LAW
IN DIVORCE
9RDER AND_.!lO:rICI!l SE:.,!~l'ING_JIEAIUNG
TO:
David M. Cassel
Stephen J. D2,uranin
. Plaintiff
, Counsel for Plaintiff
Patricia L. Cassel
Carol J. Lindsay
, Defendant
, Counsel for Defendant
You are 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 __.l.~.t)1__._._~_. day'
of OctotJ_er_~___,2000, at _9:_~Q._______.____ a.m., at whiCh
place and tbne you will be given the opportunity to present
witnesses and exhibits in support of your case.
B~ 1~1 c~rt,
. 1, I I (r"\
: Ii'(ik' \
/ cj:>rge E. Iloffl'lr, President ,Judge
Date of Order and
Notice I __2.LVQ.9__.___,
fly:
Divorce Master
IF YOU DO NOT IIt.VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTI.I BELOW TO FIND OUT WflERE YOU CAN
GET I,EGAL HELP.
ClIMIli':I<l.AND COUNTY IlAI( AssOCINJ'JON
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cassel - qdro
Dscembar 21, 2000
DAVID M. CASSEL"
IN THE COURT Of: COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. ge. 3183 CIVIL TERM
IN DIVORCE
Plaintiff
vo.
PATRICIA L. CASSEL,
Defendant
QUAL,IE@J}OMESTIC RELA TIONS ORDE~
AND NOW, this ? I day of \ CAofA,td,\
--.-- - "
the finding set forth below in items one through five,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
, 2000, based on
1. Partlos: The parties hereto were husband and wife, and a divorce
action Is In this Court at the above number. This court has personal jurisdiction over
the parties. The parties were married on September 15, 1979.
2. Participant Information: The name, last known address, social
security number and date of birth of the plan "Participant" are:
Name: I David M. Cassel
I
Address: ! 104 South 361h Street, Camp HIli, Pennsylvania 17011
Social Security Number: 179-52-8098
Birth Date: October 23, 1958
3. Alternate Payee Information: The name, last known address, social
security number and date of birth of the "Alternate Payee" are:
Name: Patricia L. Cassel
Address: 924 Allenvlew Drive, Mechanicsburg, Pennsylvania 17055
Social Security Number: 177 -50-4215
Birth Date: January 30, 1960
The Alternate Payee shall have the duty to notify the Plan Administrator In
writing of any changes in her mailing address subsequent to the entry of this Order.
SAIDlS
SHO!"B. flOWER
&UI'lDSAY
.... ..-,-..uw
26 W.IIIp_
C......PA
0888el- qdro
December 21, 2000
4. Plan Name: The name of the Plan to which this Order applies Is the
Plan the Pierce-Phelps, Inc. Cash Option Thrift Plan, hereinafter "Plan".
Any changes In Plan Administrator, Plan Sponsor, or name of the Plan shall
not affect Alternate Payee's rights as stipulated under this Order,
5. Effect of This Order as a Qualified Domestic Relations Order:
This Order creates and recognizes the existence of an Alternate Payee's right
to receive a portion of the Participant's benefits payable under an employer-
sponsored defined contribution plan that Is qualified under Section 401 of the Internal
Revenue Service Code (the "Code") and the Employee Retirement Income Security
Act of 1974 ("ERISA"). It is Intended to constitute a Qualified Domestic Relations
Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA
and the Retirement Equity Act of 1984, P,L. 98-397,
6. Pursuant to State Domestic Relations Law: This Order is entered
pursuant to the authority granted in the applicable domestic relations laws of
Pennsylvania.
7. For Provisions of Marital Property Rights: This Order relates to the
provision of marital property rights as a result of the Decree in Divorce between the
Participant and the I \Iternate Payee,
8. Amount of Alternate Payee's Benefit: The Alternate Payee shall be
awarded $9, 000.00 of the Participant's Pierce-Phelps, Inc. Cash Option Thrift Plan to
be segregated under her Social Security Number 177-50-4215. Payment of the
above sum of $9,000.00 to the Alternate Payee, shall be made as soon as
administratively possible upon the Court's and Administrative Committee's approval
that this Order qualified as a QDRO. The Alternate Payee will be paid in a lump sum
cash distribution or a direct rollover into an IRA designated by the Alternate Payee
.""-~t .1
SAIDIS
SI:IlJffi fU>WER
&.UI'lDSAY
---
uW.a,.._
C'_. PA
cassel - qdro
Decomber 21,2000
upon written request to the Administrative Committee. The Plan will provide
designated distribution forms to the Alternate Payee for her options.
The Alternate Payee shall be solely responsible for such taxes as may be
owed on funds distributed to her from the Plan.
9. Death of Alternate Payee: In the event of the Alternate Payee's death
prior to hls/her receiving the full amount of benefits called for under this Order and
under the benefit option chosen by the Alternate Payee, such Alternate Payee's
beneficiary shall be her estate, whose address is c/o Saidis, Shuff, Flower & Lindsay,
P.C., of 26 West High Street, Carlisle, Pennsylvania 17013.
10. Death of Participant: In the event that the Participant dies prior to the
date the Alternate Payee receives her total distribution under the terms of this Order.
such Alternate Payee shall be treated as the surviving spouse of the Participant for
any death benefits payable under the Plan to the extent of the full amount of
Alternate Payee's benefits as called for under Paragraph 8 of this Order, Should the
Participant predecease the Alternate Payee after distribution has occurred, such
Participant's death shall In no way affect the Alternate Payee's right to the portion of
her/his benefits as stipulated herein.
11. Savings Clause: The Order Is not intended, and shall not be construed
In sllch a manner as to require the Plan:
(a)
to provide any type or form of benefit option not otherwise
provided under the terms of the Plan;
to require the payment of any benefits to the Alternate Payee
which are required to be paid to another alttlrnate payee under
another order that was previoLlsly deemed to be a QDRO.
(c) to make any payment or take any action which Iii inconsistent
with any federal or state law, rule, regulation or applicable judicial
decision.
(b)
SAIDlS
SHllfllL!!OWER
&. UI'luSAY
....._._...IIW
U W. HIP SII.O/
eo...... PA
cassol - qdro
Docembor 21, 2000
12. Certification of Necessary Information: All payments made pursuant
to this Order shall be conditioned on the certification by the Alternate Payee and the
Participant to the Plan Administrator of such Information as the Plan Administrator
may reasonably require from such parties to make the necessary calculation of the
benefit amounts contained herein.
13. Continued Qualified Status of Order: It is the intention "f the parties
that this QDRO continue to qualify as a QDRO under Section 414 (p) of the Internal
Revenue Code, as it may be amended from time to time, and that the Plan
Administrator shall reserve the right to reconfirm the qualified status of the Order at
the time benefits become payable hereunder.
14. Tax Treatment of Distributions Made Under This Order: For purposes
of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee
who is the spouse or former spouse of the Participant shall be treated as the
distributee of any distribution or payments made to the Alternate Payee under the
terms of this Order, and as such. will be required to pay the appropriate federal
I
income taxes on such distribution. Notwithstanding the ~bove, the Alternate Payee
,
may direct a rollover of her interest into a tax sheltered account without tax
consequence to her or to the participant.
15. Constructive Receipt: In the event that the Plan Trustee Inadvertently
pays to the Participant any benefits that are assigned to the Alternate Payee
pursuant to the terms of this Order, the Participant shall immediately reimburse the
Alternate Payee to the extent that the Par1iclpant has received such benefit
payments, and shall forthwith pay such amounts so received directiy to the Alternate
Payee within ten (10) days of receipt of notice of such inadvertent payment, unless
otherwise required by the Plan Administrator or the Plan Trustee.
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,
AuguII 18, 2000
NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
underUlklngs hereinafter set forth, and for other good and valuable cons/deration, receipt and
sufflclency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each Intending to be legally bound, hereby covenant and agree as follows:
1, Advice of Counsel: The parties hereto acknowledge that each has been notified of
his or her right to consult with counsel of his or her choice, and have been provided a copy of this
Agreement with which to consult with counsel. WIFE is represented by Carol J. Lindsay, Esquire,
and HUSBAND Is represented by Stephen J. Dzuranln, Esquire. Each party acknowledges and
accepts that this Agreement is, In the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, after haVing received such advice and with such knowledge as each has
sought from counsel, and that execution of this Agreement Is not the result of any duress or undue
influence, and that it Is not the result of any improper or illegal Agreemen~ or Agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute on the day of this Agreement, Affidavits of Consent and Waivers of Noti$e under Section
3301(0) of the Divorce Code, consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and with the exception of those items listed on
exhibit "A" attached hereto, that all personal property shall be the sole and Individual property of the
party In whose possession It Is as of the date of this Agreement. Each will also receive as his or her
own separate property those items designated on exhibit "A". Within fifteen (15) days of the date of
this Agreement, WIFE will make available to HUSBAND the storage locker In which the personalty
set out on exhibit "A" and assigned to HUSBAND Is stored. Within thirty (30) days hereafter,
2
I,
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\lIlIet -. m.rllll lltU.m.nt .gt.
Augult 18, 2000
HUSBAND will retrieve the personalty from the locker. WIFE shall provide HUSBAND access to
the locker with 24 hours notice. Also on Exhibit "A" are two Items which HUSBAND will retum to
WIFE within sixty (60) days of this Agreement. In the event that HUSBAND does not pick up those
items set out on Exhibit "A" within the time set out in this Agreement, WIFE may make any
arrangoment she wishes to dispose of them. Any Items returned to HUSBANDIWIFE shall be
retumed in good condition.
WIFE will retain the 1995 Dodge Van. The parties will cooperate In the application for
a lost title to 1995 Dodge Van. Within ten (10) days of the data of this Agreement, HUSBAND will
execute any and all documents required to transfer his interest in the 1995 Dodge Van to WIFE, and
shall provide WIFE all keys to said vehicle. Tho parties will equally share the cost of a replacement
title.
HUSBAND will retain the 1987 Chevrolet Celebrity Wagon. Within ten (10) days of
the date of this Agreement, WIPE will execute any and all documents required to transfer her
Interest In the 1ge7 Chevrolet Celebrity Wage, 1 to HUSBAND. WifE will provide to HUSBAND Iny
and all keys to the 1ge7 Chevrolet Celebrity Wagon. The parties agree to execute the titles and Iny
other documents required for transfer of the vehicles at as set out herein by the Department of
Transportation at AAA Central Penn Auto Club office in Camp Hill, Pennsylvania. each party ahlll
bear the cost of transferring the vehicle which he or she Is receiving.
HUSBAND will retain his savings and checking accounts at Members Firat, Ind WIPE
will retain her checking account at Harris. Additionally, HUSBAND will retain hi. 401.K account with
Bamstable and the Pierce-Phelps IRA. HUSBAND will transfer, by Qualified DomeatlQ Relationa
Order, if necessary, from his Pierce.Phelps IRA, $9,000.00 gross to a b1x sheltered locount In
3
!llI1I"- m.n.., l.tU.me~t .gl,
Augult 18. 2000
WIFE's name. WIFE will bear the tax consequences of liquidating the tax-cleferred account If she
chooses to do so. HUSBAND will cooperate In the preparation of any required Qualified Domestic
Relations Order, or In obtaining any requisite to transfer from Pierce-Phelps, by providing to WIFE,
within ten (10) days of the date of this Agreement, any and all Information required to make the
transfer. WIFE will retain her Pennsylvania Blue Shield 401.K account and her savings account at
Members First. The parties waive any Interest each may have in any other employment benefits the
other may have.
4. R.IJI Property: The parties were owners of a home at 401 Mt. Allen Drive,
M~chanlcsburg, Cumberiand County, Pennsylvania. The home has been sold and the proceeds
therefrom escrowed. The parth:ls have paid from the escrow account, the following marital debt In
the approximate balances:
Capital One Mastor Card
Household Visa
First Card Visa
Bank One Visa
Harris Bank!
J.e. Penney!
Montgomery Ward
Sears
Hecht's
Boscov's
A T & T Universal Card
$6,104.00
6,585.00
3,215.00
3,636.00
3,802.00
342.00
502.00
1,753.00
227.00
773.00
7.520.00
The remaining pro~eds from the sale of the marital home presently held in escrow
will be equally divided between the parties after payment of an additional debt to HUSBAND'. father
of $700.00.
..
1lI1Hl- m.rillll lltU.m.nt .gl,
AugU1118,2ooo
5. Alimony: The parties waive any claim that they may have one against the other for
II alimony, alimony pendente lite or spousal support, The parties acknowledge that each has sufficient
assets with which to maintain themselveo after divorce.
6. Marital Debt: The marital debt of the parties Is described In Paragraph 4 above, and
the disposition of said debt Is set out therein. Each party will be responsible for paying their
respective parents for any debts Incurred after December 16, 1997 and will indemnify and hold the
other harmless against a claim by his or her respective parents or by any creditor for debts Incurred
subsequent to separation. Each party will Incur no debt from the date of this Agreement for which
the other may be liable, and each shall indemnify and hold the other harmless for any debt so
incurred.
To the extent that there Is any tax liability for forgiveness of debt, each party shall be
solely responsible for reporting on his or her 1999 or 2000 Income Tax Retums the forgiveness
associated with the debt In his or her name and paid from the escrow account. For tax reporting
purposes, HUSBAND will equally report the forglve.,ess of debt for any joint account paid through
the escrow account.
7. Custody: 'The parties are parents of four children: Lauren R. Cassel, born March 7,
1983; Kristen M. Cassel, born October 31,1985; Katelyn M. Cassel, bom November 17,1993; and
Courtney E. Cassel, bom January 26, 1996. The parties shall share legal custody of said children.
WIFE shall enjoy primary physical custody of said children, and HUSBAND shall enjoy partial
custody of the children as the parties can agree.
HUSBAND will pick up and drop off the children at agreed upon times and will
promptly advise WIFE If he will be delayed.
5
<=IIHI ~ m.nlll ..ttI.ment egt,
AugUlt 18, 2000
The children shall have free raasonable access by t,'ephone to the parent out of
custody. WIFE shall provide HUSBAND with Information she receives regarding the children's
schooling and extra curricular activities.
8. Life InsurancG: Until the parties' youngest child shall attain 18 yeans, the parties shall
maintain private life Insurance policies with a death benefit of $100,000.00, excluding double
Indemnity and accidental death, and shall list the Trustee for the child as beneficiary of said private
life Insurance rolicy as well as the beneficiary for any life Insurance provided by his or her employer
and shall provide to the other within 15 days of this Agreement proof of Insurance (including the
name of the insurer and policy number), proof premiums are current, and proof that each policy
names a Trustee for the parties' children as the sole beneficiary In equal shares. Thereafter, each
party shall provide sufficient authority to his or her life Insurance companies to permit the party to
obtain confirmation Into the future that the Insurance remains in force and that the Trustee for the
children remains beneficiary.
The parties shall execute a testamentary trust, contained In a Will or otherwise,
directing the Trustee to pay to the children's custodian an amount at least equal to the last support
Order in effect for the children's health, maintenance and welfare, and to pay the balance of any
child's share for her post-secondary tuition, room and board.
The parties shall not be required to name the same person as Trustee for the children
on the life insurance policies or In the testamentary trust anticipated by this paragraph, but shall be
free to nominate whichever Trustee they determine can best carry out the terms of this paragraph.
The parties will remain co-owners with the children on all bank accounts or
Investments Inade for the children as of the day of separation. The parties will cooperate In the use
6
c;I_1 - m.n.., IlttU.m.nt .gt.
AugUII18,2000
of .ald accounts and Investment for the children's post-secondary education and shall contribute to
their education as they are able.
9. Attorney'. Fee.: Each party :shall be responsible for his or her own attomey's fees
Incurred In connection with ltlelt domaf>tie rt:1lalions cases. HUSBAND will be solely responsible for
any attomey's fees claimed by Anthony McBeth, Esquire as escrow agent for the parties.
10. Exchange of Information: The parties have requested from each other and received
any Information regarding their assets, liabilities, income and expenses which the party requires
prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and constitute an equitable distribution of marital property and
debt, taking Into account all of the relevant factors set out In Section 3502 of the Divorce Code, 23
Pa. C.S.~3502 Including the length of the marriage; any prior marriage of the parties; the age,
health, station, amounts and sources of Income, vocational skills, employability, estate, liabilities and
needs of each of the parties; the contribution by each party to the education, training or Increased
eamlng power of the other; the opportunity of each party for futurle acquisitions of capital assets and
I
,
Income; the sources of Income of both parties, Including but not limited to, medical, retirement,
Insurance or other benefits; the contribution or dissipation of each party In the acquisition,
preservation, depreciation, or appreciate of the marital property, including the contribution of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the economic circumstances of each party including federal, state lIInd local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children.
7
c:a1..1 - mentll .aW.manl .gt.
Augultl e, 2000
11. Modification: No modification, rescission, or amendment of this Agreement shall be
effective unless in writing signed by each of the parties hereto.
12. Applicable Law: All acts contemplated by this Agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
13. Agreement Binding on Partie. and Heirs: This Agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
14. Agreement Not to be Merged: This Agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be
merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or In equity
under this Agreement as an Independent contract. Such remedies In law or equity are specifically
not waived or released.
15. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
16. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of SlJch other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, Interests 01' 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 she or he 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 fOm1er acts, contracts, engagements or liabilities of such other, or
8
<=1...1 - m.ntel 1Itt1.ment .gl.
Augult 18, 2000
by way of dowar or courtesy, or olalmsln the nature of dower or courtesy, or widows' or widowers'
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 othsr
rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or future support or maintenance, alimony,
alimony pendente /lte, counsel fees, 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 before the breach of any
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
uncjer this Agreement, or for the breach of any thereof, 8ubJect, however, to the Implementation
and satisfaction ofthe conditions precedent as set forth herein above.
,
17. BREACH: In the event that either party breaches any provision of this Agreement, he
or she shall be responsible for any and all costs Incurred to enforce the Agreement, Including, but
not limited to, court costs and counsel fees of the other party. In the event of breach, the other party
shall have the right, at his or her election, to sue for damages for such breach or to seek such other
and additional remedies as may be available to him or her.
9
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AI' ,1l8116 .w1'1)
DAVID M. CASSEL,
Plllntl"
IN THF! COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
Defendlnt
CIVIL ACTION. LAW
NO. 8S. 3183 CIVIL TERM
IN DIVORCE
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PATRICIA L. CASSEL,
THIS Agreement made this Jg I/tt
day of
~~
,2000,
by. and between PATRICIA L. CASSEL, of 924 Allenvlew Drive, Mechanlcsburg, Pennsylvania,
hereinafter referred to as WIFE, and DAVID M. CASSEL, of 104 South 36th 'Stree~ Camp Hili,
Pennsylvania, hereinafter referred to as HUSBAND,
WIImmtt
WHEREAS, the parties hereto are husband and wife, having been joined In marriage on
September 15,1979, In Lemoyne, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed In the Court of Common Pleas of
Cumberllnd County, Pennsylvania, to No. ge-3183, Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, Including, without limitation, the
settling of all matters between them relating to the ownership of real and personal property, and in
general, the settling of any and all claims and possible claims against the other or against their
respective estates.
1
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AllIIllst16 20110
NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficlency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIPE,
each Intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counael: The parties hereto acknOwledge that each has been notified of
his or her right to consult with counsel of hli or her choice, and have been provided a copy of this
Agreement with which to consult with counsel. WIPE is represented by Carol J. Lindsay, Esquire,
and HUSBAND Is represented by Stephen J. Dzuranln, Esquire. Each party acknowledges and
accepts that this Agreement Is, In the circumstances, fair and equitable, and that It is bt1lng entered
Into freely and volunt8lrily, 8Ifter h8lving received such 8Idvice and with such knowledge as each has
sought from counsel, and that execution of this Agreement Is not the result of any duress or undue
Influence, and that It Is not the result of any improper or lIIeg8l1 Agreement or Agreements.
2. Divorce: The p8lrtles agree to the entry of a Decree In Divorce. The parties will
execute on the d8lY of this Agreement, Affidavits of Consent and Waivers of Notice under Section
3301 (c) of the Divorce Code, consenting to the entry of a Decree In Divorce,
3. P.reonal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and with the exception of. those items listed on
exhibit 'A' attached hereto, that all personal property shall be the sole and Individual property of the
party In whose possession It is as of the date of this Agreement. Each will also receive as his or her
own separate property those items designated on exhibit 'A". Within fifteen (15) days of the date of
this Agreement, WIPE will make available to HUSBAND the storage locker In which the penlOOalty
set out on Exhibit "A" and assigned to HUSBAND Is stored. Within thirty (30) days hereafter,
2
(l1IlIel ... lJlerltlll 8litth""Otl( allt.
AUI'us' 16, WOI
HUSBAND will retrieve the personalty from the locker. WIFE shall provide HUSBAND access to
the locker with 24 hours notice. Also on Exhibit "A" are two Items which HUSBAND will retum to
WIFE within sixty (60) days of this Agreement. In the event that HUSBAND does not pick up those
Items set out on Exhibit "A' within the time set out In this Agreement, WIFE may make any
arrangement she wishes to dispose of them. Any Items retumed to HUSBANDIWIFE shall be
retumed in go~ condition.
WIFE will retain the 1995 Dodge Van. The parlles will cooperate In the application for
a lost title to 1995 Dodge Van. Within ten (10) days of the date of this Agreement, HUSBAND will
execute any and all documents required to transfer his interest In the 1995 Dodge Van to WIFE. and
shall provide WIFE all keys to said vehicle. The parties will equally share the cost of a replacement
. ,
title.
HUSBAND will retain the 1987 Chevrolet Celebrity Wagon. Within ten (10) days of
the date of this Agreement, WIFE will execute any and all documents required to transfer her
interest in trye 1987 Chevrolet Celebrity Wagon to HUSBAND. WIFE will proVide to HUSBAND any
i
and all keys! to the 1987 Chevrolet Celebrity Wagon. The parties agree to execute the titles and any
other documents required for transfer of the vehicles at as set out herein by the Department of
Transportation at AAA. Central Penn Auto Club office in Camp Hill, Pennsylvania. each party shall
bear the cost of transferring the vehicle which he or she Is receiVing.
HUSBAND will retain his saVings and checking accounts at Members First, and WIFE
Will retain her checking account at Harris. Additionally, HUSBAND will retain his 401-K account with
Barnstable and the Pierce.Phelps IRA. HUSBAND will transfer, by QUalified Domestic Relations
Order, if necessary, from his Pierce-Phelps IRA, $9,000.00 gross to a tax sheltered account In
3
r '''0'- tnurlln' S '""'molll n It.
ALlQV:illf1. 2000
5. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient
.ueta with which to maintain themselves after divorce.
e. Martbll Debt: The marital debt of the parties Is delClibed In Paragraph 4 above, and
the disposition of said debt's set out therein. each party will be responsible for paying their
respective parents for any debts Incurred after December 16, 1997 and will Indemnify and hold the
other harmless against a claim by his or her respective parents or by any creditor for debts Incurred
.
subsequent to eeparation. Each party will Incur no debt from the date of this Agreement for which
the other may be liable, and each shall Indemnify and hold the other harmless for any debt so
, .
Incurred.
To the extent that there Is any tax liability for forgiveness of debt, each party shall be
solely responsible for reporting on his or her 1999 or 2000 Income Tax Retums the forgiveness
associated with the debt in his or her name and paid from the esc:row account. For tax reporting
purposes, HUSBAND will equally report the forgiveness of debt for any Joint account paid Ihrough
the escrow account.
7. Custody: The parties are parents of four children: Lauren R. Cassel, bom March 7,
1983; Kristen M. Casssl, bom October 31, 1ge5; Katelyn M. Cassel, bom November 17,1993; and
Courtney E. Cassel, bom January 26, 1996. The parties shall share legal custody .of said children.
WIFE shall enjoy primary physical custody of said children, and HUSBAND shall enjoy partial
custody of the children as the parties can agree.
HUSBAND will pick up and drop off the children at agreed upon times and will
promptly advise WIFE If he will be delayed.
II
I <:11...1 ~ "',1rllal sellier. ,'ml .gt.
AlItluet 18, 20f!0
The children shall have free reasonable access by telephone to the pllrent out of
custody. WIFE shall provide HUSBAND with Information she receives regarding the children's
schooling and extra curricular activities.
8. Life Insurance: Until the parties' youngest ch(ld shall attain 18 years, the parties shall
maintain private life Insurance pollcles with a death benefit of $100,000.00, excluding double
Indemnity and acc:ldental death, and shall liSt the Trustee for the child as beneficiary of said private
life Insurance policy as well as the beneficiary for any life Inllurance provided by his or her employer
and shall provide to the other within 15 days of this Agreement proof of Insurance (inciuding the
name of the Insurer and policy number), proof premiums are current, and proof that each policy
names II Trustee for the parties' children as the sole beneficiary In equal shares. Thereafter, each
party shall provide sufficient authority to his or her life Insurance companies to permit the party to
obtain conflnnatlon Into the future that the Insurance remains In force and that the Trustee for the
children remains beneficiary.
The parties shall execute a testamentary t/iUst, contained in a Will 01' otherwise,
!
i
directing the Trustee to pay to the children's custodian an ~mount at least equal to the last support
Order In effect for the children's health, maintenance and welfare, and to pay the balance of any
child's share for her post-secondary tuition, room and board.
The parties shall not be required to name the same person as Trustee for the children
on the life Insurance policies or In the testamentary trust anticipated by this paragraph, but shall be
free to nominate whichever Trustee they determine can best carry out the terms of this paragraph.
The parties will remain co-owners with the children on all bank accounts or
Investments made for the children aa of the day of separation, The parties will cooperate In the use
8
" c.,8Ylll- ",8rilll .eltl.Il'wlll "91.
Al,qll'11111,2000
of said accounts and Investment for the children's post-secondary education and shall contribute to
their education as they are able.
9. Attomey'a Feea: each party shall be responsible for his or her own attomey's fees
incurred in connection with their domestic relations cases, HUSBAND will be solely responsible for
any attorney's fees claimed by Anthony McBeth, Esquire as escrow agent for the parties,
10, Exchange of Information: The parties have requested from each other and received
any information regarding their assets, liabilities, Income and expenses which the party requires
prior to entering Into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and conGtltute an equitable distribution of marital property and
. .
debt, taking Into account all of the relevant factors 118t out In Section 3502 of the Divorce Code, 23
Pa. C.S.S3502 Including the length of the marriage; any prior marriage of the parties; the age,
hel!llth, station, amounts and sources of Incomft, vocational skills, employability, estate, liabilities and
needs of each of the parties; the contribution by elJch party to the education, training or increased
eamlng power of the other; the opportunity of each party for future acquisitions of capital assets and
income; the sources of Income of both parties, Including but not limited to, medical, retirement,
Insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreclatlon, or appreciate of the marital property, Including the contribution of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the economic circumstances of each party Including federal, state and local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children.
7
CtiS" ' -. I ,arilal '.ltkm'mt "91.
,ug ,.1 10 7'10ll
11. ModIfication: No modification, rescission, or amendment of this Agreement shall be
err.ctlve unless In writing signed by each of the parties hereto.
12. Applicable Law: All acts contemplated by this Agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
13. Ag....m.nt Binding on Partl.. and HeIrs: This Agreement, except as otherwise
expressly provided herein, shall bind the 'parties hereto, and their respective heirs, executors.
administrators, legal representatives, assigns and successors In any Interest of the parties.
14. Ag....m.nt Not to be Merged: This Agreement shall be Incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be
.
merged Into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies In law or In equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
15. Docum.ntll: The parties herMo agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
16. Full and Final Settl.ment: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, Interests Oi claims In or
against the property (including Income and gain from property hereafter accruing, of the other) or
against the estate of BUch other, of whatever nature and wheresoever situate, which she or he 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
8
l#aHS"' - Iflcll'!liillJaUl81 j lOtH ;191
'Iu!'lIaI16, ,'Ulli
by way of dower or courtesy, or claims in the nature of dower or courtesy, or widows' or widowers'
rights, flmllyexemption 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 8S testamentary, or ail other
rights of a SUrviving spouse to participate In a deceased spouse's estate, whether arising under the
'aws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or future suPPOrt or maintenance, alimony,
IlImony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
refltlon or otherwlee, except and only except, all rights and Agreements and obligations of
whatsoever nature arising or Which may arise under this Agreement or before the breach of any
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 thereof, aubject, however, to the Implementation
and satisfaction of the conditions precedent as set forth herein above.
17. BREACH: In the event that either party breaches any provision of this Agreement, he
or she shall be responsible for any and all costs inCurred to enforce the Agreement, Including, but
not limited to, court costs and counsel fees of the other party. In the event of breach, the other party
shall have the right, at his or her electlon, to sue for damages for sUch breach or to seek such other
and additional remedies as may be available to him or her.
9