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HomeMy WebLinkAbout98-03309 .) Iij -J III ') J'" j \ / / l .1 J/ I ( '> ~, - . '. - :) ''0 Cl'-- ~ rf'\ ,,',.,~, D.;, ,~: DJf~C4t , , , , RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Proth~~otary's Office Carlisle, Pa 17013 Receipt Date 11/23/98 Receipt Time 15:55:01 Receipt No. 73814 LEE MARY G (VS) LEE LARRY V Case Number 1998-03309 Received of PD ATTY WILLIAM S DANIELS JHS Total Check. . . + 9.00 Total Cash.... + .00 Change. . . . . . . . .00 Receipt total. = 9.00 Checl< No. 19lfl ------------------------ Distl'ibution Of Payment ---------------------------~ Transaction Description Payment Amount DI VORCE DECREE 9.00 CUMBERLAND CO GENERAL FUND 9.00 .:=+>.:+:., .:+;. .:+:. .:.:. .:.:. ':.:"'~' .:~.' ,~~. .:+:...:+:. .:..;. -:.:..:+;,' .:+:. .:+:.' -:.:. .:+:. ':.:":-"':.:<~':.;':';':.:':,:<.:';;':.:':':.:'~',:.:.':':.;'::':.:<;':l~ ~ --....-.----~~...-...-....- -~ ---- ~ y ~ * n ~ ~ ^ x ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ ~ ~ ~.: ~ ~.' ,', ~ *- ~.~ w ~.' OF CUMBERLAND 1~ STATE OF ;t~~~ COUNTY PENNA. ~ '.' MARY G. LEE ....... ..... ............. ,,~ ~ ~ ~.~ ~ ;.; ~ :-: ,', ~ ~ ',' ~'i ~ f'~ ~ r'~ ,', ~ ~ V :) ~ ~.~ .~- ~ :'; ,', ~ Q '.' { ~ ~ ~.~ v ~ ~'1 ~ r'; ~ ~'; ~ ~': ~ ~ ? *. t.; ,', ~ :: ~ f: .., ~ .... *- ~i " " ~ /.. ~ ~ >.: ~ .,a. ~~:.; :~:'. '.':+:' -.:+:. ':+:"-:+:',' -:.;', .:+;.. -:+;.; II I[ " N o. ,9.!l.::,n.9.,~.., Gr.'!.;!:!:,..... 1998 Plaintiff II :j ii II II !i Vel'SllS ~.lI~~Y.Y. .r,EE" ..Def,endant DECREE IN DIVORCE AND NOW, .. .N:C?Y!!!lI.q~:r; ..~~ .. . .. .. ". 19 91l.. ". it is ordered and decreed that ......... ~!I,~X, ~,...4J;:~.. , .. , , , , ... , .. .. .. .. .. . , ". plaintiff, and, , , , . .. , , . , , . .. . . , ,~lil,W:Y. .v., ~,E;~, , . , , . , , , , . , . . , . , , . . . . , '. defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None .. .................... .......... .......... ......... .,. .... ........ ........, .... ,.....,.... ............, " Ali~'~i: Cd~d.o' ';" . ~ ~~~;. ..... . ~~J1d K-~r'W. .,. 'hif7_' Prolhonolary J. ~,~.-----.-..-- - ...----~.-..-.....--...' ~ ':.:':':+;'- '.:+;. :.:.:- ":+;".:+:..:+:. .:+;. .:+;. .:+;. .:+:- ,.:+:.:.:+:...:.:t-;.,.:o:,::<+;,':-:.;, -:":" :.:..>: '::+:',..':+:': ,', ~ ~ ~.: " ~ ~.~ ~.~ ~ ,', ~ ~ y ~ ~.~ ~ ~.) ~ ~.~ ,', ~ ,', ~ ~ ',' g ~ ~'1 ,', ~ ~ ~.~ ~ ~.~ ~ ~:1 ~ ~.~ ~ ~.~ :; ~ ;.} ~ (: ~ ~'; ~ ~.} ~ ~.I ~ ',' ~ ~ :-: ~ ~.' ~ *- ~.' $ ~ ~.' ~ ',' ;'; ~ . MARY G. LEE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA pI ainti ff CIVIL ACTION - LAW V. NO. 98-3309 CIVIL 1998 IN DIVORCE LARRY V. LEE, Defendant DECREE AND ORDER AND NOW, November ~~, 1998, the Court by virtue of the authority vested in it by law, DECREES that Mary G. Lee and Larry V. Lee are hereby divorced from the bonds of matrimony, and the said parties shall be at liberty to marry again. AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the terms, provisions and conditions of a certain marital settlement agreement between the parties dated November 16, 1998 and attached hereto, are hereby incorporated in this Decree and Order by reference as fully as though the same were set forth herein at length. Said agreement shall not merge with, but shall ,.'.. ;/ this Decree and Order. /'1/~/ BY ~\E 7~&~: ~ ~-0A~ survive J. / I { '()'., . ," R b '.~ ~ . MARY G. LEE. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI.vANIA v. No. 913- CIVIl, LARRY V. LEE, Defendant IN CUSTODY ItnJ'UL}!,'r I Q!LF.:.QK_.IHLAQ'<<EJ;:!L9~DE;ILQF. _CUSTQPX AND NOW, the pa.ties, by and through their attorneys, stipulate and agree as follows: 1. The parties shall have joint legal custody of their minor child, legal custody being defined as the legal rlght to make major decisions affecting the upbringing of the child, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the child's best interests. 2. Each party has a right to be kept informed of the child's educational and medical development and shall have a right of access to the child's educational and medical records. Each party shall be entitled to complete and full information concerning the child f.om each other and from any doctor, dentist, teacher or simila. authority, and to have copies of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other party. 4. Plaintiff/Mother shall have primary physical custody of the child. 5. Defendant/Father shall have partial physical custody of the child, as may be desired and suitably arranged reasonably in advance between parties, so long as any such time is compatible with the child's academic schedule where currently enrolled and her other local activities. 6. Defendant shall have pa.tial physical custody of the child for reasonable period(s) during the summer; provided that defendant gives notice to Plaintiff of his exact plans for summer vacation(s) with the child not later than one month beforehand. 7. With respect to holidays, Plaintiff and Defendant shall share them consistent with the foregoing terms and conditions for pa.tial custody, and in the event of any special holidays, they shall arrange to alternate th~m annually. 8. The parties recognize that the Carlisle area provides the child with a familiar and congenial environment in which the child possesses significant relationships with friends, relatives, teachers and classmates. Therefore, Plaintiff shall not remove the child from the Carlisle area, or more than fifty (50) miles from their present residence, for the purpose of changing the residence of the child to a location outside the Carlisle area, or for any other reason, without the express written agreement of the other party, or with leave of the Court of Common Pleas of Cumberland County, Pennsylvania obtained prior to removing the child and not obtained on an ex parte basis. If either party desires to establish a residence with the child more than fifty (50) miles from the present residences, he or she shall give the other party at least ninety (90) days written notice in advance of the proposed move and all information requested by the other party about the proposed move. If the parties are unable to agree about the proposed relocation, the Court of Common Pleas of Cumberland County, Pennsylvania, shall have exclusive jurisdiction of the parties and the child to enter an appropriate primary custody/partial custody Order. Neither party shall relocate with the child unless and until such Order is entered by the Court of Common Pleas of Cumberland County. 9. Each party shall have reasonable telephone and mail access to the child when in the custody of the other parent. 10. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the child is with that parent. 11. Neither party shall disparage the other party in front of the child, attempt to alienate the affections of the child from the other party, or allow third parties to attempt to alienate the affections of the child from the other party. 12. The parties shall not involve the child in any of the disputes concerning him/her, including but not limited to financial matters. 13. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the child at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. 14. The foregoing schedule is based upon Plaintiff living in and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to bar the rights of Husband or Wife to a divorce or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a no-fault divorce pursuant to the provisions of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE Upon either of the parties' recovering a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement shall be incorporated by referenca or in substance but shall not be deemed merged into such judgment or decree. This Agreement shall 3 , ,_. survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings in any jurisdiction, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 4. ADVICE OF COUNSEL Wife has been represented by W. S. Daniels, Esquire. Husband has chosen not to retain an attorney notwithstanding the fact that the attorney for Wife has told him that he has an absolute right to be represented by an attorney. Husband has chosen instead to negotiate directly with counsel and with his Wife. Husband hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that had a Court decided this matter, he may have received more or less than is provided for in this Agreement. Husband knowingly waives his right, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income; and understand and confirm that they are relying upon the substantial accuracy of these respective financial disclosures as an inducement to the execution of this Agreement. Each of the parties acknowledges and agrees that, 4 .;.-.,.. '. after having received such information and with such knowledge and assurances that except for those certain real and personal properties specifically addressed herein, their available resources are truly represented by their respective individual earning capacities, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 5. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contract, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for her or his separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compet the other to cohabit or dwell by any means whatsoever with her or him. 6. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations' 5 'i' \ I , which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other ri<;1ht or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective r.egardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under, 6 the laws of Pennsylvania, any state, Commonwealth or territory of the United states, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 7. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver or any breach hereof or default hereunder shall be deemed a waive~ of any subsequent default of the same or similar nature. 7 Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. 8. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 9. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 10. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. ~here are no representations or warranties other than those expressly set forth herein. 11. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith and within at most ten (10) days after demand therefor execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement. 8 12. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall neither affect in any way the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict ,performance of any other obligations herein. 13. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 9 14. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to him at 97 Thornberry Road, Winchester, MA 01890, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to her at 30 Liberty Court, Carlisle, PA 17013, and to W.S. Daniels, Esquire, at One West High street, Carlisle, FA 17013, or such other address as Wife from time to time may designate in writing. 15. ADDRESS AND TELEPHONE NUMBER OF PARTIES As long as the parties have any minor children or children attending college, or any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 16. APPOINTMENT OF ESCROWEE Wife and Husband hereby appoint w. S. Daniels, Esquire, to serve as escrowee hereunder. The escrowee shall not be liable for errors of judgment, nor for acts due or omitted in good faith, but only for willful misconduct, fraud or negligence. The escrowee shall be protected in acting upon any notice, certificate or other document believed by either to be genuine and to have been properly executed. 10 17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 18. EFFECT OF DIVORCE The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that Husband's obligations under the terms of this Agreement shall not be subject to discharge in bankruptcy because they acknowledge that such are necessary for wife to meet her 11 financial obligations and to support and maintain her standard of living and that of the parties' children. Husband represents that there are no bankruptcy proceedings presently pending in which he is involved. Husband expressly agrees not to file a bankruptcy action pr.ior to the completion of his obligations pursuant to this Agreement. This debt shall not be discharged in a bankruptcy action filed by or on behalf of Husband. If Husband files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if Husband institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which Wife's right to these monthly payments becomes a matter for judicial review, Husband agrees to consent to any motion filed by Wife with the bankruptcy courts wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 19. CUSTODY The parties agree that legal and primary physical custody of Mical K. Lee shall be with Wife. Husband shall have liberal partial physical custody rights in accordance with a schedule to be agreed upon by the parties which shall be consistent with the child's best interests and welfare, Husband shall also have 12 unrestricted telephone access to the child. 20. SHARED CUSTODY The parties agree that they will share legal custody of Mical K. Lee, legal custody being defined as the legal right to make major decisions affecting the best interests of a minor child including, but not limited to, medical. religious and educational decision. Wife shall have primary physical custody of Mical K. Lee, with Husband to have partial physical custody rights in accordance with a schedule to be agreed upon by the parties which shall be consistent with the child's best interests and welfare. 21. CUSTODY COURT ORDER The parties agree that they will forthwith execute and will cause their attorney to execute the stipulation for the entry of a court order by agreement which is attached to this Agreement as Exhibit "A," STIPULATION FOR AN AGREED ORDER OF CUSTODY. 22. CHILDREN'S PREFERENCES Wife and Husband recognize that the children may have wishes and preferences of their own with respect to the custody arrangements and Wife and Husband agree to give reasonable consideration to those preferences. 23. DISCLOSURE OF CHILDREN'S LOCATION At all times, Wife and Husband agree to keep each other fully informed as to the precise location of the children, including the address and telephone number where the children can be reached. 13 24. TELEPHONE AND HAIL ACCESS At all times, Wife and Husband agree that they shall provide each other with reasonable telephone and mail access with their children. 25. CHILD SUPPORT Both parties understand, acknowledge and agree that they have no right to bargain away their mutual obligations of providing adequate support for their minor children. Therefor, the custodial parent reserves the right to seek child support from the non-custodial parent as may be required in the best interests of their minor child, and based upon parties' respective earning capacities. Should child support payments be necessary for the proper welfare of their minor child, parties agree that same shall be determined in accordance with then- effective applicable gUidelines set forth in current Pennsylvania Rules of Civil Procedure. 26. POST-SECONDARY EDUCATION It is the intention of both parties that their children shall be afforded an opportunity to have post-secondary education if academically able and desirous of doing so. Accordingly, the parties agree that they are willing to provide equitably for same, and shall determine their respective contributions to the cost of said children's post-secondary education by agreement based upon parties' then-existing financial circumstances. 27. HEALTH INSURANCE AND MEDICAL EXPENSES--CHILDREN Wife shall provide full health care insurance coverage for 14 the benefit of the dependent children. Wife shall be responsible for payment of the routine noncovered medical and/or dental expenses for the dependent children. Wife and Husband agree to be jointly responsible for any extraordinary medical and/or dental expenses for the dependent children, provided that, except in an emergency situation, the decision to incur extraordinary medical and/or dental expenses shall be a joint one between the parties and Husband agrees not to withhold his consent for any such expenses which are reasonably necessary. 28. TERMINATION OF CHILD SUPPORT Husband's child support obligations shall terminate in the event of his death so long as he has complied with the insurance provisions of this Agreement. If Husband fails to maintain the required insurance, his child support obligations under this Agreement shall be an obligation of his estate. 29. MODIFICATION OF SUPPORT PAYMENTS It is the intention of the parties that the support payments set forth herein shall be subject to modification in the event of a substantial change of circumstances, as provided by applicable law. The parties agree that a substantial change in the custody arrangement which is presently in effect shall be considered a substantial chage of circumstances warranting modification of the payments. In the event of the parties' inability to agree upon mOdification, the matter shall be determined by a court of competent jurisdiction. 15 30. ALIMONY Upon entry of the decree in divorce between the parties, and for a term of six (6) years thereafter, Husband shall pay Wife alimony, in the amount of $2,000.00 per month for 36 months, and the amount of $1,500.00 per month for the next 36 months. Such payments shall be due and payable to Wife on or before the first day of each and every month commencing with the first day of the month following divorce. Should Husband default on payment of the parties' joint liability owed to the First National Bank of Greencastle as set forth in Paragraph 43 herein, and should said Lender demand payment from Wife in part or in whole, the parties agree that Husband shall pay compensatory and additional alimony to Wife monthly. The amount shall be as prescribed per the terms of their Demand Grid Note dated March 10, 1994 and amended by their Modification Agreement dated August 1, 1997, as the same may change from time to time in accordance with applicable provisions therein until payoff to Lender is completed. 31. COST OF LIVING INCREASE The payments due Wife as alimony pursuant to this Agreement shall be annually adjusted for inflation as of January 1 of each year. The new amount payable will be the base payment (as defined herein) plus the base payment multiplied by the percentage increase in prices over the preceding twelve months in the Revised Consumer Price Index for urban wage earners and clerical workers in south Central Pennsylvania prepared by the 16 Department of Labor. The base payment will be the original monthly payment plus any adjustments for all prior years, and in no event shall same be adjusted downward. 32. ALIMONY PAYMENTS TO BE NONMODIFIABLE The parties hereby confirm that they have negotiated their overall agreement based upon nonmodifiability of the alimony payments set forth in Paragraph 30, and that it is their specific agreement and understanding that they said payments shall not be subject to modification by any court as to either duration or amount, for any reason, except as specifically set forth in this Agreement. 33. PROVISIONS IN THE EVENT OF BANKRUPTCY It is expressly understood and agreed that Wife has accepted the provisions of this Agreement relating to alimony for and in consideration of Husband's obligation to make the other payments required under this Agreement. In the event that Husband shall file for bankruptcy and seek to discharge the claims of creditors, then and in that event (a) Husband shall send a copy of the Petition for Bankruptcy to Wife; (b) notwithstanding any other provision of this Agreement, or of the Divorce Code of 1980, as amended, Wife shall have the right to file a Petition to Modify Alimony and to seek an increase in the alimony payable to Wife in accordance with the provisions set forth in Paragraph 30 herein; and, {c} Husband shall not request the Bankruptcy Court to discharge the claims of Wife pursuant to this Agreement. Husband further agrees that if he received a discharge in 17 bankruptcy, he shall execute a Reaffirmation Agreement as provided for in Section 524(c} of the United States Bankruptcy Code, reaffirming his obligations to Wife and children under this Agreement. 34. EFFECT OF BANKRUPTCY It is acknowledged and agreed that the payments required by Paragraphs 25 and 30 are in the nature of support and that wife would be unable to properly support herself (and the parties' children) unless said payments are made by Husband. The parties therefore do not intend these payments to be dischargeable in bankruptcy. 35. PERSONAL PROPERTY Wife and Husband do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property including motor vehicles; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically wiave, release, renounce and forever abandon any claims which either may have with respect to the above items. which shall hereafter be the sole and exclusive property of the other. 18 . _0'- ,.~.' ,) 36. WAIVER OF RETIREMENT BENEFITS Wife and Husband hereby specifically release and waive any and all interest, claim or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this Paragraph. 37. REAL ESTATE EXPENSES From the date of separation Husband agrees to assume as his sole obligation any and all mortgage payments and taxes; Wife shall assume as her sole obligation any and all utility charges, insurance, m~intenance, repairs, claims, damages and all other expenses iucurred in connection with their jointly owned real estate sitvate at and known as 1213 Hillside Drive, Carlisle, Pennsylvania. 38. EXCLUSIVE RIGHT OF OCCUPANCY OF REAL ESTATE From the date of separation, Wife shall have the exclusive right to occupy their jointly owned premises situate at and known as 1213 Hillside Drive, Carlisle, Pennsylvania, free of rent without interference or harassment by Husband until said real estate is conveyed to a third party Buyer through listing with a selected and licensed real estate broker. Husband agrees to refrain from instituting any action in equity or partition or otherwise in connection with said 19 premises. 39. SALE OF REAL ESTATE--DIVISION OF PROCEEDS Upon settlement date, scheduled to be November 20, 1998, the said real estate shall be sold and the net proceeds, after deduction for all expenses, fees and taxes in connection with such sale, and after satisfaction of the lien of the existing first mortgage, shall be divided between the parties at settlement as follows: $17,000.00 to Husband; balance to Wife. 40. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and .exclusive owner thereof. B.Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may .have in assets which have not been disc! osed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether.real, personal or mixed, tangible or intangible) which 20 is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 41. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 42. PAYMENT BY WIFE OF WIFE'S COUNSEL FEES AND EXPENSES Wife agrees that she will be solely responsible to pay the reasonable counsel fees and expenses incurred by Plaintiff in connection with the parties' marital dissolution. The amount of the said fees and expenses will be paid by Wife to her attorney 21 upon the granting of a final decree in divorce to her. 43. EXISTING AND FUTURE PERSONAL OBLIGATIONS A. The parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who is assigned responsibility for the said liability in accordance with the provisions of this Agreement. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife by the provisions within. B. Parties acknowledge and specifically disclose a joint debt evidenced by a certain unsecured Demand Grid Note payable to The First National Bank of Greencastle, Greencastle, Pennsylvania 17225, dated March 10, 1994, and subject to the terms and conditions of a Modification Agreement dated August 1, 1997, both of which instruments are incorporated herein by reference. Husband hereby agrees to assume the sole and complete responsibility for this obligation in full, and to indemnify Wife and guarantee to hold Wife harmless from any and all derivative payments, charges or penalties due thereon. Husband hereby releases Wife forever from any duty, obligation or commitment whatsoever, express or implied, to participate in the refinancing of said joint debt by him with the current Lender or with other lenders should refinancing in any way be undertaken by Husband on or before the date of maturity, July 30, 2008. 22 C. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. D. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts have been terminated, and that no charges shall be incurred by either party against any joint account. 44. LIFE INSURANCE TO SECURE OBLIGATIONS A. Husband agrees that he will maintain sufficient life insurance coverage to fund all obligations due Wife and children under this Agreement, naming Wife as irrevocable beneficiary of all policies. B. Husband owns IDS Variable Universal Life Insurance policy Number 0909-0266-9014-1-004 dated July 17, 1991 naming Wife as beneficiary. Husband agrees and shall upon receipt of a 23 final decree in divorce submit a Beneficiary Change request confirming "Mary G. Lee, Ex-Wife, as Irrevocable Beneficiary" of said account, including having an Irrevocable Beneficiary Restriction placed thereon by legal hold. Husband shall maintain said designations in favor of Wife and without diminution in value of subject policy until their joint liability to the First National Bank of Greencastle, Pennsylvania described in Paragraphs 43 is paid in full or when parties' youngest child reaches her 23rd birthday, whichever occurs last, and upon the written consent of Wife which consent shall not be unreasonably withheld. C. Husband shall present Wife with proof of his compliance with the provisions of this Paragraph satisfactory to Wife's counsel, including copies of all insurance policies. Husband will also instruct the insurance carrier or carriers of the said policies that hereafter, Wife is to receive duplicate copies of all correspondence, including premium notices, if any. Husband will provide Wife with photocopies of his checks tendered in payment of the said premiums, if, as and when mailed. In the event of Husband's failure to pay any payment when due, Wife shall have the right to make the payment and to obtain reimbursement thereof from Husband, including interest and any attorneys' fees incurred in the process of enforcement. 45. ACKNOWLEDGMENT OF SOCIAL SECURITY NUMBERS Husband hereby warrants that his Social Security Number is 53.1-54::153_5.; and Wife hereby warrants that her Social Security 24 . \ 49. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. 50. ENFORCEMENT OF SUPPORT PROVISIONS The parties hereby agree that all of the support provisions contained in this Agreement (including both direct and indirect contributions to support, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. 51. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code. as amended, to enforce any term of this Agreement as though it had been an order of the Court. 52. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees incurred by the other party in enforcing the Agreement, provided that the 26 8<' .......'"'.i"" ,l';"."..- 1">. >"" .<'.<':"".:''':'.''':l..~''.. -L~~d ,{.lEiON /J~r'i,.,~..;;(~v:~f -2'7Z? ~~. 'lEas n:,\;,\,1. . i. ?-' }' r~']:O,]:Ho pUE PUElj ,{W iaS o:juna.:talj I '.!Imnl:!lHM SS:!lNJ.IM NI ,~<::~".~.~~ c) \ .::'0 ./r, ,~' ""'_~' c'. +'. 1 ~~,1, .-' ....:, ". ""':-,::;:;;.: \< ,0- . paU']:E:jUOO u']:a.:talji sasod.:md alj:j .:t0~ aWES pa:jnoaKa "",,/'1.0"',..'\\ alj iElI:j pa6paT{OlOu~OE pUE 'iuawaa.:t6v U']:lj:j']:M alji oi paq']:.:tosqns "11, "'1 11~\O' s']: aWEU aSOljM Uos.:tad alj:j aq oi (uaho.:td ^T']:.:tOiOE~S,]:iES .:to) aw o:j UMOU~ '331 '^ XHHV1 pa.:tEaddE ^TTEuos.:tad '.:tao']:~~o pau6']:s.:tapun alji 'aw a.lo:Jaq '866 T '.:taqwahoN ;10 AEP -yll alji 's']:lji UO ~J/ .!IO AJ.NnO~ 'ss ./ 00. /;,r 1~ SJ.J.3SnH~VSSVW .!IO :!lJ.VJ.S ~ Cl , ~~~ t.r: I;;: 1--' C~ ~ ~i'; UJ ~.~~ . <- j'-". .. c.:s.. . c.. . -~', - _.~ 'J_ c"_ '-fl';' '. c'.) , 0:: C'J ., .. ; L1-1t.;- ~: J ;"i~l --'ll :::', Ll..-., ~:'. II L"1.. F':"~ ~ u_ (t] ~~'I 0 f,n "?:) '. .' . MARY G. LEE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. NO. 98-3309 CIVIL 1998 IN DIVORCE LARRY V. LEE, Defendant AFFIDAVIT OF SERVICE William S. Daniels, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the COMPLAINT IN DIVORCE, NOTICE TO DEFEND AND CLAIM RIGHTS, and COUNSELING NOTICE upon Larry V. Lee, defendant in the above captioned matter, by mailing a true and correct copy of same by both regular .mail and certified mail restricted to addressee only, and return receipt requested, Article Number Z 332 883 753, postage prepaid on July 13, 1998 to the following address: Larry V. Lee 97 Thornberry Road Winchester MA 01890 Defendant personally received said documents on July 14, 1998, as evidenced by his signature on the certified receipt card which is .thoh.d h.c.to ond mock.d E.h:bit "A." I} < kvj:L-n-'/);-~"7c--e<-, William S. Daniels Attorney for Plaintiff ",.,'''''''' ,.":,':. .-:::... '~/" . . '.. . , I i. .. ! I' I , , , \,. I , C" I:' '. , il. I. I , (,. < I I I I I I i I I I I i i i , I I I .j ,.:........:.....1 {';;': '~~:::';;::'" . '.. ~.,..~....~".;.....,...R.~." '- en (r- ,...... ~,.~ ...::J ,'~ .~ -. LLI ~~) C", . ()<,. ", .J ~:i:.r:: -- " , C..~ , (~};:. .~., O( ,....) ~~~~. <,-, ::-> , _I,. F: -, f-- c.... ~. u CO ::) 0 0"- ,'. ,., '..:',' I I i , 1 I i i I i '.j I I ., I .,.1 "~to 'd .;::.J '..;' ;'.< ~r l f. ,. , .... ... '... ,. MARY G. LEE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW No.98-3309 CIVIL 1998 IN DIVORCE LARRY V. LEE, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE 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. I understand that false statements herein are made subject to the penalties of 1 C. S 4904 re ating to unsworn falsification to authorities. Date :-1f./n/ti , .~ 0\ ',- ,. f::-: - ~_: ; ~: ~~ :"-j ILI~?' .J Q(-':i "") '> U-_;u CL ". I), .->._ -, r)l..:; I; , (....) c.: C'-! t.,;.; .. . -, L_ -. I , 'J to: ,; ;:.=-:: ; I ~..l_ ~: ,-;. u. 0:- -::3 0 O.~ :.,", "i",;' .. . ,. . :1 ',' "