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HomeMy WebLinkAbout98-04387 '- . " : PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this -134-h day of ma.reh 2001, by and between Sharon L. Etter, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Richard M. Etter, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH:' WHEREAS, the parties were married on March 3, 1973, in Plainfield, Cumberland County, Pennsylvania and; WHEREAS, three (3) children have been born of this marriage, namely, Nicholas Etter, age 23; Michael Etter, age 21; and Michelle Etter, age 18. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the . .. past, present and future support, alimony and/or maintenance of WIFE by HUSBI\ND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. -2- .. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other.or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be 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. -3- '" 4. SUBSE~UENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 98-4387, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for al: purposes whatsoever, as contemplated by the , Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision, thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to -4- '. survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties, This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date". which shall be defined as the date of execution of this Agreement unless otherwise specified herein. -5- '. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United states, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony -6- '. pendente lite, Counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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 prOvision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other juriSdiction. 9. ADVICE OF COUNSEL: The prOvisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, Esquire, for WIFE and P. RICHARD WAGNER, Esquire, for HUSBAND. HUSBAND and WIFE acknOwledge that this Agreement is not the result of any -7- .-. ..-- "'-' _.'-', . " 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself; except as provided herein, including but not limited to, the debt owed to Sears and all medical expenses arising from dog biting incident which occurred prior to the parties' separation. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, of HUSBAND. -9- .., ',. . .f 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common as follows: ~IFE shall become sole owner and HUSBAND shall waive any claims to items listed in Exhibit "A" as well as the items already in her possession. HUSBAND shall become sole owner and WIFE shall waive any claims to any other items which remain in the home. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. HUSBAND shall allow WIFE access to the home within fourteen days of the signing of this Agreement to retrieve the items listed on Exhibit "A". By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: A. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 259 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania now titled in name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now and in the future ,any andc -10- '. all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agree~ to execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIFE's attorney and to be delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter, Except as otherwise provided herein, commencing on the ~~ with $ execution date of this Agreement, HUSBAND shall be solely o.......d responsible for all costs, expenses~' liabilities associated or attributable to this residence regardless of when same shall have been incurred including, but not limited to the mortgage and line of credit with M&T Bank, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expense or result from I I , I I I , i I I I I I ,I '1 ::1 ,,,I WIFE's ownership interest in said property. Until the mortgage and line of credit is refinanced, HUSBAND shall be solely responsible for payment of the mortgage and line of credit and shall hold WIFE, her heirs, successors and assigns, harmless from any liability in the event of his default. HUSBAND shall, within ninety (90) days of the execution of this Agreement, take all steps necessary to remove WIFE's name -11- , , from the M&T Bank mortgage and line of credit so as to have WIFE completely and fully released of any and all liability she has on the said mortgage and line of credit. In the event that HUSBAND tails to refinance within the designated time frame, the Court, at WIFE's request, ~ha~l enter an Order directing that this residence be sold and that the lien be satisfied from the proceeds of the sale. B. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 101 East High Street, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIFE's attorney and to be delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter. Except as otherwise provided herein, commencing on the execution date of this Agreement, HUSBAND shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to the -12- ,. property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. D. HUSBAND agre~s to transfer all his right, title and interest in and to the real estate situated at 65 W. Main Street, Plainfield, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request, HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE Upon the execution of this Agreement. E. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to. said property in the future. HUSBAND agrees to immediately execute, -14- " deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of the Agreement. F. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1224 Spring Road, Carlisle, Cumberland C9unty, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to M&T Bank and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense/ cost or loss whatsoever as a result of her non-payment of or non-performance of said mortgage and said mortgage conditions. G. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1236 Spring Road, Carlisle, Cumberland County, Pennsylvania now titled in the name , of HUSBAND and WIFE as tenants by the entireties, to WIFE and -15- further agrees that within sixty days of the signing of this agreement he will cause WIFE's name to be removed from any and all debts that are associated with the business and provide WIFE proof that her name has been removed. 17. NOTES PAYABLE: A. The parties hereby acknowledge that they hold a certain note from Keith and Berta Miller which encumbers 35 East Main Street, Plainfield, Pennsylvania, The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one-half interest shall become each party's sole and separate property. The parties, by letter, shall jointly direct the Millers to pay one-half of their regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible for any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. B. The parties hereby acknowledge that they hold a certain note from Randall Brevik which encumbers 264 South Hanover Street, Carlisle, Pennsylvania. The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one~half , interest shall become each party's sole and separate property. -18- .. The parties, by letter, shall jointly direct Mr. Brevik to pay one-half of his regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible ~or any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. 18. OWNERSHIP OF LIFE INSURANCE POLICIES: WIFE is cognizant of the fact that HUSBAND has maintained and paid premiums on a Primerica life insurance policy. WIFE hereby expressly relinquishes, waives and renounces any and all proprietary, statutory, distributional, ownership and beneficiary rights and options to the aforesaid insurance policy. WIFE hereby agrees and warrants that HUSBAND has full and complete discretion to change the designated beneficiaries on the aforesaid policy. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1989 Buick Park Avenue shall be and remain the sole and exclusive property of WIFE; (b) The 1992 GMC Van shall be and remain the sole and exclusive property of HUSBAND. ' (c) The 1991 Chevrolet Van shall be and remain the sole exclusive property of HUSBAND. -19- .. 22. INCOME TAX PRIOR RETURNS: The parties, in tax years 1997 and prior, have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said 'Act;. -21- " financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as requir~d by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors ~rid,': assigns. -24- . , . " '-., I .. 3. Wife agrees to permit Husband to continuc to usc the two (2) garagcs in which he has personal proper!y stored for a pcriod not to exceed six (6) months from the datc of this Agreemcnt, at the rental rate of one hundred ($100.00) dollars per month. 4. Upon execution of the Property Settlement Agreement and this tf2I!g -j.. Addendum, Wife agrees to give Husband all leases and kC}5 to the Cumberland-&t' Apartments referenced in Paragraph 14 of the Property Settlement Agreement. '& 1f;. 5. Bot arties agree that the" urity deposits ently in place for 1 0 the apa ent buildings conlail ill the Propel ' ettlement Agre nt shall ~ be ne the property of tl arty to Wh0111 . e to the apartn is being transfe~~Q g-1-, All sec .' y deposits, if any, ~ul11berland ments sh e H!J'pr transfe to Husband, and ecurity deposits,' lY, to the b lee of the ~ aR nents shall be trm rred to Wife. 6. Each pariy, after having had the opportunity to review this Addendum, executes the same, and intending it to be pmi of the Property Settlement Agreement, and acJalowledging that if this Addendulll is not executed, then the Property Settlement Agreement is null and void. Each pariy acknowledges that both parties must execute the Propeliy Settlement Agreement and this Addendum for either to be valid. '--1f6(-n~cP. ~ Witness IN WITNESS WHEREOF, the pmiies hereto, intending to be legally bound, have set their hands and seals the day and year first above written.' , ~LL Sharon L. ter ~~ffi R'chard M. Etter <. -2- 4 . . ... " " ,. " '. COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF tu.mfx,.i lard ON THIS, the I Jil'\ day of (yo. (Ch , 200] , before me, a Notary Public, the undersigned officer, personally appeared SHARON L. ETTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Addendum and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OfUVl' {1 Lfatiw.J)cL Notary Public COMlvlOJ\'WEAL TH OF PENNSYLVANIA: : SS. Notarial S..r-..i1 Lori A. RIChard. NOI"ry Pub'!c Camp Hill Boro. Cumberland County My CommisSlon Exp'Jes Oct. 1. 2001 MamtJer, Pancsylvania Association 01 NC:;'-I<1< COUNTY OF ON THIS, the If-\--..... day oC{Vh(('_~ ,2001, before me, a Notary Public, the undersigned officer, personally appeared RICHARD M. ETTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Addendum and acknowledged that he executed the same fonIle purposes therein contained, IN WITNESS WHEREOF, [ hereunto set my hand and official seal. NoJari;;: ~;eat :, ily A. Wis., Notary Public arnsburg. Oauohll1 County My Commissior..Evniros May 19, 2003 Mem::..'/, P.~nn!:'. ";;"17~ '.~i;~ III Nnl:viClC OCT, 4,2001 9:50AM 7172430301 r-'\ r'~~'" I ~), ~lj'l 1',2/3 SHARON 1... E17lm 58611. Street ClIrlis/e. PA 1701.3 October I, I Ridlard M. ttet, Ir, 259 Mt. Zio Rd. Carlisle, P A 7013 Rich: J don't und d wbat your problem is, I was gracious enough back 011 March 13, 2001, when our property settlement agreement was signed, to allow you Illl additiolllll six mont.hs to have your belongings r moved from the garages located at 27-29 W. Main Street, Plainfield and 1224 Spring Road Carlisle. rt was no fault of mine that you failed to have your belongings removed. Per my lette on September 14, 200 I r stated that if you So do desire to have your bo10ngi~ that 1 was willing 0 do so under certain terms. I am still willing to allow you to have your materials and would U e to settle this matter without involving our lawyers or the court, This is ridiculous and there is reason why we can't settle t~ matter between us. What we have left to settle is pure peltines , Come on and swallow your pride for once IlIld lets get thJs over with. It's this simp ,you have our belongings and r have yqurs , .. Once again, "I don't want your lhings," SO I s wor\c this out. The fonowing are my stipulations: 1. The titles to the Grand AM needll to be ~ over into Mike's name as a , gift, This needs to be done by 6:00 P.M. October 8, 200 Ill! Sollenberger's, Sinl:o you can't find the title, you will need to go down to PennDot 10 get another one", ," '{ :':,:::::~::.::,:- ._'''J"..;'!~k~j~~F' beJongmgs from the hollBC according to Exhibit A of our property settlement,;;",..;,;;i):i'\i;;i~~: j agreement, Because our children work, this will have to be done8ith~}D~h~;;);1;d..>t~}~;'ii{$i;;0:;1:ii!ql~~\ . tb eek d Le the kn he .,"'.."',"',.."',.,,.,,,.,..',,,,...,,,,,....,,,,c..',,,,,",'''''', eveumgsorover ew ,OIl, t m oww D-,\?,''';i''''Gii&;\;i;W;;tJ~H*'tW':;~J;1,~11;;i'''''' The a ove two c;onditioIls need to be met in order for you to retrieve yOurbill~~~~i~~t\i'(\;,:~fq.!ij~!~~l,l of the garage These two conditions were a requirement on your behalf of our prnpi:tty"~,Y)",;'~";}'!:i~i~;:~i!$'f: settlement da d Marc1113, 2001. At this time, you are in violation oftbe courtrulings"lani,:..,:i+!)ii;;jjc~bX1,:;:,,;t aware that yo hllve tried to bave me charged for theft. lust to let yau know,tbe/etteith4t~ljitf:r);:~ijhHifi~it;~4,\lfi~ laWyer sent m . dated September 18, 200 I, applies to you also. Again, this,ls all ridiculous"Richh;iii:;i:~:,i~~J,~fr,t(';'>. J am willing t give you permission if you fulJjjl your obligations to enter onto 27-29 W: ~' ":,';:<':'i'::ii},:J\'" St,. Plainfield d 1224 Spring Road, Carlisle to retrieve your belonslngs onOclobOt IS thiu., ')": :'1'rk o )i. ii':.' ' 1.{ '{i')i,c""';[';:""c .:::::',:_\~.;.-~;?{;7~;,~~}~~tJj:~~~:', ",..,-... 2, 'D'EFEN'DANT~S.' : , "EXHIBIT:., .' .' ,~ ,. ..' " . r " , .,-".~:~.. ....y- . f= ... II-: iJ.\: r~, I.: I.'., r il< '~. -', .~ P. Richard Wagner, Esquire April 16, 200 I Page - 2 - - Additionally, pleasc forward to me your c1icnt's Affidavit of Consent and Waiver of Notice, Once I have confirmation that Mr. Elicker's appointment has becn rcvoked, 1 will procecd to finalizc the divorce. Very trUlY, ~ Irs. , J! f -:-/;. , ltA/eLlA/ o~;;lL Maria p.tognbu? MPC/kab cc: Sharon Etter . , , " 3 ,,,life a~!re~' i(\ !Jennlf :-~l::,band "',~('IHinllC'~ ',' ':.~{'? '!'<-; "\'" - !'~~':1'2'~":::;1 1\'111"'1111' 11a< 11.>rs '11'1'1 ')1' 111"-' ""1.,..1 ->1' 1 .,~,..\, "1." ..'.... '.._,' "\'..'. . .... t:: oJ r"....... \.... .. l' \. ~_C:I ,I: .ll_ ....10..1 ,.~ . :_t;,. ,l. L.t . .,_. ,"'.........' . I . frOln the date or r!lIs :\gre:::tn':lH. Jt :;lc ;".::~~aj :.~~!':: ~.\. 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"'3I1sr'e:;~i~ g 1!i-. .c.j ':;'':>'~ll'' .; ...,.:.o!,;:;.~c: :'" ;'n', ;--, "I"";'; ::l71C''':''':'1[''l.j ....,....., n~....l~~, ';:;"'j" '"''':> (-:fJt~,:;: .. _~_ II.' ~'. \...II....l cl.... ".." _...., -'"..l..., ...\...,.'... ...I~. v- . 'J .. . TT' . ." . -.. .". ,/., ~;.-oo: cr' '":lr.':::'~=H-,", ~l-' .~ll"I"'\"rl-l '1'11G~: :W~I' ,;:.:..;,."Ir....., -~..':......'('7..:::.~' :r . ,~,'..: f(,,\ 'l'~ :J(':J..Clll"'':' ,.,r ~'1'::' ..,; ',i ~ .(.u.~l......, I.. l.I,'..._'I..~ .L:.. '-~l/ , _........~, .L: _....:- ...Jl_., ..01:. ',_ . l..... '/ .....- '.. l1.... :10" n~'lr~ '::'1"01'1 i....-=o ~.-";~1.'~ [i';::"-: ~l.' .,)':;-'.::\ _ ~ l ...., .:) _ 1..... ~ '- ,........ .., - ,_ . ~ I....... , . . / :n(:n~hs .'l ,I ~ .k,ILlrs !J', F'll~h 1'''',',1!"7'.' ':lGl,.,::,r i~j""'l~'.: :v.,'; -:~-) .,j".-r',(':.....I"I1iif., ~;'~ :',::>\ i-...' \ ~\.'lS .::....;;~,.:.....~lll,~ _..........~ 1'<....:......... '-, ....."l"";:'...<:....'- ....... ~~.;..-' ......l: l.... ._'.'-' '," ~. ......-.......Ill....~ ": ;:.....~c..[.:::.~ -11":' '::'1"1-=- ':o:n ~ ;'lr~nl';l'11(i'r ~-. 1...,~ '-"ll'~',r'ill;':> i-'.......,l);.:>l'7~" '::'~[-;'::'111~n. ','r-r:::..:oln~I'r _... Ll,,~ l. ~ ..,I. _. ....U" ~ '" '= ,. 1.'_ ..'~ ",..I, ,~_, ~. "_. ~": ...~ \,'- ~.l ......s,., 'I, and acknowledging tha[ if [his ..c.dcendul11 ;s not eXecuted. [hen the Property Serrlemenr .-'.greemem is nul! and ',,)\d, E::.d1 party 3cknowledges 'h,\[ bo[h parnes lTIUSr execute the Prcpe:-ry SetTtet11cnr '~'sT~~lncnr ~1nd d11~ .~,.ddecduln for either to be valid, [}.i \VIP,"ESS Vv-;'fEREOF. [[le oar-;ies hereto. intendin~ 1O be legal Iv bound. . . ..... .....1 . have se[ [heir hands and seals ,he day and year first above wrinel1. '.."r~'c)J CL.Q...LQ. /). ~ e..l'1r.u..I;1 h~ jW'~~ ~1t I .--- .'. \, .r; ... . , Sharon i.., F tel' ~ ~ // Wi1;Jstl7!fc / '&Gct=-f///;( {/.. y!Z R / "l ~ ' . 'c '1~1'a" ~ "re" . . I 0. ,I. I-..t . ." ... 6. Pursuant to the Addendum to the parties' Property Settlement Agreement, Petitioner permitted Respondent the use of two garages that were transferred to her name alone to store personal property for a period "not to exceed six (6) months from the date of the Agreement, at the rental rate of ONE IIUNDRED ($100,00) DOLLARS per month." 7. Respondent failed and refused to remove his personal property from the referenced two storage garages within the period of six months from the date of the parties' Agreement, or by September 13, 200 I. 8. Respondent failed to pay the $100.00 per month rent required under the Agreement to Petitioner until after Petitioner had notified Respondent that he failed to remove his personal property within the required time frame and, therefore, forfeited his personal property. 9. All of Respondent's conduct as outlined above is action that is in contempt of the parties' Agreement of March 13,2001 as incorporated into their Decree in Divorce. 10, Petitioner incurred attorney's fees over the past year in an effort to force Respondent to comply with the terms of the parties' Marital Settlement Agreement and can no longer afford further assistance of counsel. II. Despite Petitioner's attempts to personally reach agreement with Respondent for him to comply with the terms of the Agreement, in response to which Petitioner indicated she would allow Respondent the opportunity to remove his personal property beyond the time frame provided for in the Agreement, Respondent has failed and refused to comply with the terms of the Agreement and, rather, has chosen to file a contempt action against her. Co , .. , n , ~'.: j".' " ,. 'n .' .. , ,-j"l .. ,J .,~ ," ) .' .. ':.) ,I' ,-( " .. .. , .. .. , :::, j! ", I ;) ", '.' , '. 4, Pursuant to the tenns of the Agreement, in the Addendum, Respondent ah'Teed to penn it the Petitioner to continue to sue two (2) garages to store personal property for a period not to exceed six (6) months at the rental rate 01'$100,00 per month. S, The addresses at which the two (2) garages are located is 27 W. Main Street, Plainfield, Cumberland County, Pennsylvania, the other is Spring Road, Carlisle, Cumberland County, Pennsylvania. 6. Contained in each of the two (2) garages referenced in parah'Taph 4 above is equipment, inventory and building supplies of the Petitioner used in his business. 7. The provisions of the Ah'Teement, in parah'Taph 33, provide that each paragraph shall be deemed to be a separate and independent agreement 8, Notwithstanding the Agreement, and not withstanding the separateness of each provision, Respondent herein refuses to allow the Petitioner to access the two (2) garages to secure the equipment and material contained therein. 9. Respondent alleges that Petitioner owes her money, and therefore, has padlocked each of the two (2) garages preventing him from securing his personal property. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . I r '. + I' t. tttt III' f. .. It. t t. t f f I I' .. t f f . , f f 'f.... I' ... IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ~~'t~, STATE OF .7Zl.,' '=:,S' ~ * -'.111' It;. -:~,~~.J~~,~>: PENNA, SHARON L. E~TER, No. QR-41R7' PLA TNTTFF VERSUS RT~HARn M. R~~RR. ~R'I DEFENDANT DECREE IN DIVORCE AND NOW, JUly 24th ,2001 , IT IS ORDERED AND DECREED THAT SHARON L. ETTER , PLAINTIFF, AND RICHARD M. ETTRR. JR. , 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; The terms of t~e parties' Property Settlement Aqreement dated March 13, 2001 and the Addendum dated March 13, 2001 in("nrrnrrll-lOt1 nprt::lin nil'" nnf- mp,,-cypr1 'hpt"'ptorith By THE COURT: /s/ Kevin A. Hess A~ PROTHONOTARY' CERTIFIED COPY ISSUED JULY 25, 2001 I" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + + + J, ,.,:--:.y,-. ... past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIPE; and in general/the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIPE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIPE of the lawfulness or unlawfulness of the causes leading to their living apart. -2- .. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other'or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be 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. -3- I" . ., 4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 98-4387, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code, Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the , Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. is the specific intent of the parties to permit this Agreement -4 - ',' " survive any judgment and to be forever binding and conclusive upon the parties, 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. -5- '. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory United states, or (cl any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony -6- ., " pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of: the marital relationship or otherwise, except, all rights ~nd agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the b~each of any provisions thereof, It is the intention of HUSBAND and WIFE to give 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. -7, ..'.... ':.' ", 'I' . " .. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common as follows: ,WIFE shall become sole owner and HUSBAND shall waive any claims to items listed in Exhibit "A" as well as the items already in her possession. HUSBAND shall become sole owner and WIFE shall waive any claims to any other items which remain in the home. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. HUSBAND shall allow WIFE access to the home within fourteen days of the signing of this Agreement to retrieve the items listed on Exhibit "A". By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: A. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 259 Mount Zion" Road, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND, and agrees to immediately execute now and in the future any and, -10- ,. " ........'.' mortgage with M&T Bank, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held, harmless from any liability, costs or expense including attorney's fees, wh~ch.may be incurred in connection with such liabilities and expense or result from WIFE's ownership interest in said property. Until the mortgage is refinanced, HUSBAND shall be solely responsible for payment of the mortgage and shall hold WIFE, her heirs, successors and assigns, harmless from any liability in the event of his default. HUSBAND shall, within 90 days of the execution of this Agreement, take all steps necessary to remove WIFE's name from the M&T Bank mortgage so as to have. WIFE completely and fully released of any and all liability she has on the said mortgage. In the event that HUSBAND fails to refinance within the designated time frame, the Court, at WIFE's request, shall ente~AA~ prop'e~~ ~'ftO;~ an Order directing that this r8oidQ~ be sold and that the lien ~ be satisfied from the proceeds of the sale. C. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 27-29 W. Main Street, Plainfield, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said, -13 - " L . pl:oper~y and further agrees never to assert any claim to said properl:y in the future. IIUSBJ\ND agrees to immediately execute a c1eocl conveying hiD i.nterest to WIFE / said deed shall be delivered to WIl'g upon the execution of this Agreement. D, lIUSBAND agret;!s to transfer all his right / title and intereot in and to the real estate situated at 65 W. Main Street, Plai.nfield, Cumberland County, Pennsylvania, now titled in the name of: lIUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all. deeds, documents or papers necessary to effect such transfer of ti~le upon request, HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the fu~ure, HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. E. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute -14 - ,. . , deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of the Agreement. F. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1224 Spring Road, Carlisle, Cumberland C9unty, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to M&T Bank and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost or loss whatsoever as a result of her non-payment of or non-performance of said mortgage and said mortgage conditions. G. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1236 Spring Road, Carlisle, Cumberland County, Pennsylvania now titled in then.ame of HUSBAND and WIFE as tenants by the entireties, to WIFE and -15- .. further agrees that within sixty days of the signing of this agreement he will cause WIFE's name to be removed from any and all debts that are associated with the business and provide WIFE proof that her name has been removed. 17. NOTES PAYABLE: A. The parties hereby acknowledge that they hold a certain note from Keith and Berta Mil~er which encumbers 35 East Main Street, Plainfield, pennsylvania. The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one-half interest shall become each party's sole and separate property. The parties, by letter, shall jointly direct the Millers to pay one-half of their regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible for any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. B, The parties hereby acknowledge that they hold a certain note from Randall Brevik which encumbers 264 South Hanover Street, Carlisle, Pennsylvania, The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note, Said one-half interest shall become each party's sole and separate property. -18- . , " " The parties, by letter, shall jointly direct Mr. Brevik to pay one-half of his regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible ~or any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. 18. OWNERSHIP OF LIFE INSURANCE POLICIES: WIFE is cognizant of the fact that HUSBAND has maintained and paid premiums on a Primerica life insurance policy. WIFE hereby expressly relinquishes, waives and renounces any and all proprietary, statutory, distributional, ownership and beneficiary rights and options to the aforesaid insurance policy. WIFE hereby agrees and warrants that HUSBAND has full and complete discretion to change the designated beneficiaries on the aforesaid policy. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1989 Buick Park Avenue shall be and remain the sole and exclusive property of WIFE; (b) The 1992 GMC Van shall be and remain the sole and exclusive property of HUSBAND. (c) The 1991 Chevrolet Van shall be and remain the sole and exclusive property of HUSBAND. -19- " " 22. INCOME TAX PRIOR RETURNS: The parties, in tax years 1997 and prior, have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax, is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act, ,21- " " , .. 24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal suppo~t and counsel fees, except as specifically provided for herein. 25. EFFECT OF DIVORCE DECREE: The parties agree that except as 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. 26. BREACH: If either party breaches any provision of Agreement, the other party shall have the right, at his or election, to sue for damages for such breach or seek such remedies or relief as may be available to him or her, and party breaching this contract shall be responsible for payment -22- : , . .. , " reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose,of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 28. ENTIRE AGREEME~: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. FINANCIAL DISCLOSURE: The parties confirm that they, have relied on the completeness and substantial accuracy of the -23- financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by section 3505(b) of the pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto their respective heirs, executors, administrators, successors assigns. -24- " , .. I' .' ADDENDUM THIS AI:,Tfeement, made this~ day of ~.Y( , 200 I, by and between Sharon 1. Etter, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Richard M. Etter, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the Wife prepared a Property Settlement Agreement for execution by the parties; and / WHEREAS, the parties desire to add celtain teuns to the proposed Propelty Settlement Agreement without re-draiting the Agreement; and ./ -' -' --- WHEREAS, the parties intending to have this Addendum incorporated in and made part of the Propelty Settlement Agreement. NOW, THEREFORE, in consideration of the aforementioned recitals and the hereinafter provisions, the parties hereto do hereby promise, covenant, and agree as follows: 1. This Addendum, upon execution, is valid only if the Property Settlement Agreement drafted by Wife's attorney is signed by both parties, 2. It is intended that the provisions of this Addendum are incorporated in and made part of as thongh they were contained in the initial Property Settlement Agreement. ., \ .. . " .. 3. Wife ahrrees to permit Husband to continue to use the two (2) garages in which he has personal property stored for a period not to exceed six (6) months from the date of this Agreement, at the rental rate of one hundred ($100,00) dollars per month. 4. Upon execution of the Property Selllement Agreement and this ~g -tP- Addendum, Wife agrees to give Husband all leases am:] kG) 5 to the Cumberland-J.!t Apartments referenced in Paragraph 14 of the Property Settlement Ai,rreement. -1f2 . I I . d' I' I r ff: 12. art! es agree tlat tle" un ty eposl ts ent y 111 P ace lor 1 0 the apa ent buildings contail 111 the Propel elllement Agre' nt shall ~ ne the property oft! JaIiy to whom . e to the apartl is being transfen'ed. .AfJ aM g Jr--- All sec .' y deposits, if any, le Cumberland ments sh ef1'!!'.J; C transfe to Husband, and ecurity deposits,' lY, to the b lce of the c--(J1tC aR nents shall be trm n'ed to Wife. 6, Each pmiy, after having had the opportunity to review this Addendum, executes the same, and intending it to be part of the Property Settlement Agreement, and acknowledging that if this Addendum is not executed, then the Property Settlement Agreement is null and void, Each party acknowledges that both parties must execute the Propeliy Settlement Agreement and this Addendum for either to be valid, ~'cJl~cP. C~ Witness IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals the day and year first above written. . <$~,~c;L Sharon L. . tel' < J/!ilYfffffi R 'chard M, Etter ' -2. .', " .. ."' COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUm QGi 10 rd ON THIS, the I J!VI day of {yo. (Ch , 200], before me, a Notary Public, the undersigned officer, personally appeared SHARON L. ETTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Addendum and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. CtV'tL' a L(2U)\WlcL Notary Public COMMOI\'WEAL TH OF PENNSYLVANIA: : S8. Notarial S..!~.jl Lori A. Richard, Not..;ry Pub'ic Camp Hill Boro. Cumberland County My Commission Exp;res Oct. \, 2001 MmntJcr. Pennsylvania Association 01 NC;~l€"; COUNTY OF ON THIS, the -,+-\--.... day oC\j\!"n(C.~ , 2001, before me, a Notary Public, the undersigned officer, personally appeared RICHARD M. ETTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Addendum and acknowledged that he executed the same for the purposes therein contained, rN WITJ\TESS WHEREOF, [ hereunto set my hand and official seal. _~ ~ L1-~~ Notary Publi NaIad..: ~jeal ily A. Wise. Notary Public arrisburg. Oilllnhin County My Commissior. E"'nrm:; May 19, 2003 Ml'!m:.,.'; P.~nr,!' "~-:;:I;~';.~;~"ll\!nt;'l,"r.<:: . .. I , ! , i I ! i I ! I (') ,.~ C) ;~;; , ',.1 ~:, -r' 0../ /.. -~ " -) " .' , (/ ,'", ",., il , c; I r:-J f " i..] l <; '0 ., :; i:"';' () .. C) J.,' c: r.- :...~ rn I 2: ,'0 ~ -, :v -, -< (") c) , , ~; "":"1 ..l.~ "tl G: ~:::J -1'1 n " '"'- ...~ ::j . .. ! ;;~( c:n /~ 1.0 (..J.~., -- t:; c: -::.' ; " ; J:: (' -,-. ;:. ) ....-~-. ,...:, :~:! i'n ~t:: c: r;.; ~ i'" .~. :3 ~ -, --J -< r~ INDEX OF PROPERTY SETTLEMENT AGREEMENT BETWEEN SHARON L. ETTER AND RICHARD M. ETTER SUBJECT ~ru"!B E R PAGE 2 3 3 4 5 5 5 ;; 7 8 8 9 10 10 16 17 18 19 19 20 20 21 21 22 22 26 23 23 23 24 25 25 25 25 26 26 1. Separacion...,., 2. Interference..,.. 3. Agreement Not A Bar to Divorce Proceedings 4. Subsequent Divorce, . 5. Incorporation in Divorce Decree 6. Effective Date , . 7. Distribution Date 8. Mutual Release . . 9. Advice of Counsel 10. Warranty as to Existing Obligations 11. Warrant as to Future Obligations 12. Debt of the Parties 13. Personal Property 14. Division of Real Property 15. Division of Bank Accounts 15. Etter's r-rvp-.c . . 17. Notes Payable 18. Ownership of Life Insurance Policies 19. Motor Vehicles. . . . 20. After-Acquired Property 21. Counsel Fees. . 22. Income Tax Prior Returns 23. Applicability of Tax Law to Property Transfer 24. Waiver of Alimony 25. Effect of Divorce Decree 26. Breach. . . . . 27. Waiver of Claims, . 28. Entire Agreement, , 29. Financial Disclosure 30. Agreement Binding on Heirs 31. Additional Instruments. 32. Void Clauses , , . , . 33. Independent Separate Covenants 34. Modification and Waiver 35, Descriptive Headings 36. Applicable Law. , . . . I , , , 35. DESCRIPTIVE HEADINGS: The descripti'/e headings used herein are Eo~ convenience only. They shall have no a~fect whatsoeve~ Ln de:e1.~mini:1g the riJhts or obli.gations of the pa~ties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendmencs thereto. IN WITNESS WHEREOF', the pan:ies hereto have set cheir hands and seals the date and year first above written, /(YU d\OJU.Q. )). Ctva u9-- WITNESS ~,,^,,; V?~ Sharon L. Etter (SEAL) ~JA9t7f{SEALJ Richard M, Etter -26- .. hf .. .. INDEX OF PROPERTY SETTLEMENT AGREEMENT BETWEEN SHARON L. ETTER AND RICHARD M. ETTER SUBJECT NUMBER PAGE 1. Separation 2. Interference 3. Agreement Not A Bar to Divorce Proceedings 4. Subsequent Divorce 5. Incorporation in Divorce Decree 6. Effective Date 7. Distribution Date 8. Mutual Release 9. Advice of Counsel 10. Warranty as to Existing Obligations 11. Warrant as to Future Obligations 12. Debt of the Parties 13. Personal Property 14. Division of Real Property 15. Division of Bank Accounts 16. Etter's HVAC 17. Notes Payable 18. Ownership of Life Insurance Policies 19. Motor Vehicles 20. After-Acquired Property 21. Counsel Fees 22. Income Tax Prior Returns 23. Applicability of Tax Law to Property Transfer 24. Waiver of Alimony 25. Effect of Divorce Decree 26. Breach . 27. Waiver of Claims 28. Entire Agreement 29. Financial Disclosure 30, Agreement Binding on Heirs 31, Additional Instruments 32. Void Clauses . 33. Independent Separate Covenants 34. Modification and Waiver 35. Descriptive Headings 36. Applicable Law. 2 3 3 4 5 5 5 6 7 8 8 9 10 10 16 17 18 19 19 20 20 21 21 22 22 26 23 23 23 24 25 25 25 25 26 26 '." ~, .. ~ " past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. -2- ~ .. ~. 2 . INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other.or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIPE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be 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. -3- .~' ... ~ 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 98-4387, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the / Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to -4 - ',- .. ~ " survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date/" defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. -5- . .~ ~ ~ However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or Ifabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United states, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony -6- . .. " .. pendente lite, counsel fees, division of property, costs or expenses/ whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the b~each of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses/ alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction, 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, Esquire, for WIPE and P. RICHARD WAGNER, Esquire, for HUSBAND. HUSBAND and WIPE acknowledge that this Agreement is not the result of any duress -7- ~ ~ ~ or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIPE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise provided for by the terms of this Agreement. -8- , .. .. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself; except as provided herein, including but not limited to, the debt owed to Sears and all medical expenses arising from dog biting incident which occurred prior to the parties' separation. WIPE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIPE. WIPE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. -9- . ... , 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common as follows: WIFE shall become sole owner and HUSBAND shall waive any claims to items listed in Exhibit "A" as well as the items already in her possession. HUSBAND shall become sole owner and WIFE shall waive any claims to any other items which remain in the home. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. HUSBAND shall allow WIFE access to the home within fourteen days of the signing of this Agreement to retrieve the items listed on Exhibit "A". By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: A. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 259 Mount Zion Road, Carlisle, cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now and in the future any and -10- . , . all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIPE agrees to execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIFE's attorney and to be delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter. Except as otherwise provided herein, commencing on the PJg1t with $ . execution date of this Agreement, HUSBAND shall be solely a.....d responsible for all costs, expenses~' liabilities associated or attributable to this residence regardless of when same shall have been incurred including, but not limited to the mortgage and line of credit with M&T Bank, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expense or result from WIFE's ownership interest in said property. Until the mortgage and line of credit is refinanced, HUSBAND shall be solely responsible for payment of the mortgage and line of credit and shall hold WIPE, her heirs, SUccessors and assigns, harmless any liability in the event of his default. HUSBAND shall, within ninety (90) days of the execution this Agreement, take all steps necessary to remove WIFE I s. name -11- , from the M&T Bank mortgage and line of credit so as to have WIFE completely and fully released of any and all liability she has on the said mortgage and line of credit. In the event that HUSBAND fails to refinance within the designated time frame, the Court, at WIFE's request, shafl enter an Order directing that this residence be sold and that the lien be satisfied from the proceeds of the sale. B. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 101 East High Street, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIPE as tenants by the entireties, to HUSBAND and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIPE's attorney and to be delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter. Except as otherwise provided herein, commencing on the execution date of this Agreement, HUSBAND shall be solely' responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to the -12- property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. D. HUSBAND agre~s to transfer all his right, title and interest in and to the real estate situated at 65 W. Main Street, Plainfield, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIPE as tenants by the entireties, to WIPE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIPE, said deed shall be delivered to WIFE upon the execution of this Agreement. E. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in property and further agrees never to assert any claim to property in the future. HUSBAND agrees to immediately -14- deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of the Agreement. F. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1224 Spring Road, Carlisle, Cumberland C9unty, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIPE, said deed shall be delivered to WIFE upon the execution of this Agreement. WIPE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to M&T Bank and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost or loss whatsoever as a result of her non-payment of or non-performance of said mortgage and said mortgage conditions. G. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1236 Spring Road, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIPE as tenants by the entireties, to WIFE and -15- further agrees that within sixty days of the signing of this agreement he will cause WIFE's name to be removed from any and all debts that are associated with the business and provide WIFE proof that her name has been removed. 17. NOTES PAYABLE: A. The parties hereby acknowledge that they hold a certain note from Keith and Berta Miller which encumbers 35 East Main Street, Plainfield, Pennsylvania. The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one-half interest shall become each party's sole and separate property. The parties, by letter, shall jointly direct the Millers to pay one-half of their regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible for any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. B. The parties hereby acknOWledge that they hold a certain note from Randall Brevik which encumbers 264 South Hanover Street, Carlisle, Pennsylvania. The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one-half interest shall become each party's sole and separate property. -18- , , ,. The parties, by letter, shall jointly direct Mr. Brevik to pay one-half of his regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible ~or any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. 18. OWNERSHIP OF LIFE INSURANCE POLICIES: WIFE is cognizant of the fact that HUSBAND has maintained and paid premiums on a Primerica life insurance policy. WIPE hereby expressly relinquishes, waives and renounces any and all proprietary, statutory, distributional, ownership and beneficiary rights and options to the aforesaid insurance policy. WIFE hereby agrees and warrants that HUSBAND has full and complete discretion to change the designated beneficiaries on the aforesaid policy. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1989 Buick Park Avenue shall be and remain the sole and exclusive property of WIFE; (b) The 1992 GMC Van shall be and remain the sole and exclusive property of HUSBAND. (c) The 1991 Chevrolet Van shall be and remain the sole and exclusive property of HUSBAND. -19- (d) The 1989 Pontiac Grand Am shall become the sole and exclusive property of the parties' son, MICHAEL ETTER. The titles to the said motor vehicles shall be executed by the parties, if approp~iate for effecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 20. AFTER-ACOUIRED 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 hereafter acquired by him or her, 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. 21. COUNSEL FEES: Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise, -20- 22. INCOME TAX PRIOR RETURNS: The parties, in tax years 1997 and prior, have heretofore filed joint Federal and state tax Federal, state or local income tax is proposed, or any assessment returns. Both parties agree that in the event any deficiency in of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss interest, penalty and expense incurred in connection therewith. or liability for any such tax deficiency or assessment and any Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the joint returns. nature and extent of his or her separate income on the aforesaid 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed Service to render the Act applicable to the transfers set forth any elections or other documents required by the Internal Revenue in this Agreement without recognition of gain on such transfer i ,. ! and subject to the carry-over basis provisions of the said Act. -21- 24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and aCknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further aCknOWledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 25. EFFECT OP DIVORCE DECREE: The parties agree that except as 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. 26. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of -22- reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose.of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of. the -23- ~ 31. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 32. VOID CLAUSES: 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. 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. -25- COMMONWEALTH OF PENNSYLVANIA COUNTY OF (( cmlx nord ) )SS: ) On this, the 13i11 day of fl(CirTh , 2001/ before me, a Notary Public, the undersigned officer, personally appeared Sharon L. Etter, known to me (or satisfactorily proven) to be the person whose name is s~bscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. " I IN WITNESS WHEREOF, I hereunto set my hand and official seal. fiLl Q. l;~j ViA ~ Notary Public Nolanal $;""..:1 Lori A. Richard. No:..-:.ry Pub~c Camp H:!IBoro, Cumberland Covnly My Commission Ex~ila5 0::1. 1,2001 Member. Pcnr.sylvama A~$ociatioa 01 Nc~~iei COMMONWEALTH OF PENNSYLVANIA ) lSS: COUNTY OP ) On this, the ~+~day of \'(\C(rtl~ , 2001, before me, a Notary Public, the undersigned officer, personally appeared Richard M. Etter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '~Q Notary Nolarial Seal Emi y A, Wise. Notary Public Harnsburg, Dauphin County My Commission Expires May 19. 2003 Member. Pennsylvania AssocialJon 01 Nota~ies -27- F,\WJNIXlWS\\VJoWINtlOIl'I.(;AIlIN(III:l'llR eml " ,., b. Equitably distribute all property, both personal and real, owned by the parties; c. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, lb. r Dated: July 27, 1998 Maria P. C gnetti, s Sup. Ct. J.D. #279 4 200 North Third Street, Twelfth Floor P.O. Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 .7127NH '~'''', "... -, . ( , 1 ( 1 '.U I I ;.1 " II , I ;".~) , ;'[ ~) C') , I. . ' , , 1 . , " ; '.') '--.i -, ~"" . , . SHARON L. ETTER, v. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4387 Civil RICHARD M. ETTER, JR., CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 30, 1998. 2. The marriage of Plaintiff and Defendant is . irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. after service decree. I Consent to the entry of a final decree of divorce of notice of intention to request entry of the 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c.s. Section 4904, relating to unsworn falsification to authorities. DATE: &~9-ol Rjg:~t%!f 15- ~ SHARON L. ETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 4387 CIVIL vs. i i , I I I I RICHARD M. ETTER, JR., Defendant IN DIVORCE ORDER OP COURT 30 fI-'- AND NOW, this . A I day of "A. 1.1 I the proceedings having 2001, the economic claims raised in been resolved in accordance with a property settlement agreement dated March 7, 2001, and an addendUm dated March 13, 2001, the appointment of the Master is vacated and cOunsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ge cc: Maria P. Cognetti Attorney for Plaintiff P. Richard Wagner Attorney for Defendant ~. . C\ 0 \ )I" l \, ~O ' O~ ~ . , .. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this !Jih d'lY of _yY1N-Gtt 2001/ by and between Sharon L. Etter, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Richard M. Etter, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: . WHEREAS, the parties were married on March 3, 1973/ in Plainfield, Cumberland County, Pennsylvania and; WHEREAS, three (3) children have been born of thi.s marriage, namely, Nicholas Etter, age 23; Michael Etter, age 21; and Michelle Etter, age 18. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the ~ " '. 2. INTERFERENCE;: Each party shall be free from interference, authority, and contact by the other, as fully as if he or nhe were single and unmalTied, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other' or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be 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. -3- . . 4. SUBSE~UENT DIVORCE: The parties hereby acknowledge that WIFE has filed a complaint in Divorce in Cumberland County to Docket No. 98-4387, claiming that the marriage is irretrievably broken under section 3301(c) of the pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to section 3301(C) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the , Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in such decree, judgment, order or further modification or thereof shall alter, amend or vary any term of this whether or not either or both is the specific intent of the parties to permit this -4- "' '. survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EPFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. -5- .... .,' ~...' ,", _:'~--"-:-'.; However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or lfabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United states, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony -6- '. pendente lite, counsel fees, division of property, costs or expenses/ whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. -7- or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. - -8- 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself~ except as provided herein, including but not limited to, the debt owed to Sears and all medical expenses arising from dog biting incident which occurred prior to the parties' separation. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. -9- 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common as follows: WIFE shall become sole owner and HUSBAND shall waive any claims to items listed in Exhibit "A" as well as the items already in her possession. HUSBAND shall become sole owner and WIFE shall waive any claims to any other items which remain in the home. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. HUSBAND shall allow WIFE access to the home within fourteen days of the signing of this Agreement to retrieve the items listed on Exhibit "A". By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: A. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 259 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND a.nd agrees to immediately execute now and in the future any and -10- all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIFE's attorney and to be delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter. Except as otherwise provided herein, commencing on the 9fjg1;z with $ execution date of this Agreement, HUSBAND shall be solely a.......d responsible for all costs, expenses,;r' liabilities associated or attributable to this residence regardless of when same shall have been incurred including, but not limited to the mortgage and line of credit with M&T Bank, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expense or result from WIFE's ownership interest in said property. Until the mortgage and line of credit is refinanced, HUSBAND shall be solely responsible for payment of the mortgage and line of credit and shall hold WIFE, her heirs, successors and assigns, harmless from any liability in the event of his default. HUSBAND shall, within ninety (90) days of the execution of this Agreement, take all steps necessary to remove WIFE's name -11- '. from the M&T Bank mortgage and line of credit so as to have WIFE completely and fully released of any and all liability she has on the said mortgage and line of credit. In the event that HUSBAND fails to refinance within the designated time frame, the Court, at WIFE's request, shall enter an Order directing that this residence be sold and that the lien be satisfied from the proceeds of the sale. B. WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 101 East High Street, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIPE's attorney and to be delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter. Except as otherwise provided herein, commencing on execution date of this Agreement, HUSBAND shall be responsible for all costs, expenses and liabilities with or attributable to this residence regardless of shall have been incurred including, but not limited to -12- ~ and HUSBAND shall keep WIFE and her property, successors, mortgage with M&T Bank, taxes, insurance premiums and maintenance Assigns, heirs, executors and administrators indemnified and held. harmless from any liability, costs or expense including attorney's fees, which. may be incurred in connection with such liabilities and expense or result from WIPE's ownership interest in said property. Until the mortgage is refinanced, HUSBAND shall be solely responsible for payment of the mortgage and shall hold WIFE, her heirs, Successors and assigns, harmless from any liability in the event of his default, HUSBAND shall, within 90 days of the execution of this Agreement, take all steps necessary to remove WIFE's name from the M&T Bank mortgage so as to have.WIPE completely and fully released of any and all liability she has on the said mortgage. In the event that HUSBAND tails to refinance within the ~ designated time frame, the Court, at WIFE's request, shall ente~JC1j~ prOp'e'-N . ~'ttO;-->- an Order directing that this rosiaoncl be sold and that the lien '-QJIV be satisfied from the proceeds of the sale. C. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 27-29 W. Main the name of HUSBAND and WIFE as tenants by the entireties, to Street, Plainfield, Cumberland County, Pennsylvania now titled in IHFE and agrees to immediately execute now and in the future. any, and .all deeds, documents or papers necessary to effect such that he has no claim, right, interest or title whatsoever in sa transfer of title Upon request. HUSBAND further acknowledges -13 - ~ property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. D. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 65 W. Main Street, Plainfield, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of this Agreement. E. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a -14- ~ deed conveying his interest to WIFE, said deed shall be delivered to WIFE upon the execution of the Agreement. F. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1224 Spring Road, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIPE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to immediately execute a deed conveying his interest to WIPE, said deed shall be delivered to WIFE upon the execution of this Agreement. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to M&T Bank and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost or loss whatsoever as a result of her non-payment of or non-performance of said mortgage and said mortgage conditions. G. HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 1236 Spring Road, Carlisle, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIPE as tenants by the entireties, to WIFE and -15- .. The parties agree that WIFE shall become the sole and exclusive owner of the following bank accounts: Bank M&T Bank M&T Bank M&T Bank M&T Bank M&T Bank M&T Bank Account No. 112679033353 #169994 111277928 111424886 #3780552828 #498149 The parties acknowledge that each has no further claim or interest in said accounts of the other and agree that each will not assert any such claim in the future. 16. ETTER'S HVAC: WIPE acknowledges that HUSBAND owns a business known as Etter's HVAC. WIFE agrees to transfer any and all of her marital right, title and interest in and to that business to HUSBAND, WrFR agr8es to execute, now and in the future, any and all documents or papers necessary to effect such transfer of title upon request. WIPE further aCknowledges that she has no claim, right interest or title whatsoever in the said business and further agrees never to assert any claim to such asset in the future. HUSBAND hereby indemnifies WIFE against and agrees to the sole liability and responsibility for any encumbrance, loss, damages, expense, civil or criminal liability deficiency assessment, penalty or interest which incur or has incurred for any reason whatsoever as the any transaction undertaken on behalf of the business'. -17- .,~ further agrees that within sixty days of the signing of this agreement he will cause WIFE's name to be removed from any and all debts that are associated with the business and provide WIFE proof that her name has been removed. 17. NOTES PAYABLE: A. The parties hereby acknowledge that they hold a certain note from Keith and Berta Miller which encumbers 35 East Main Street, Plainfield, Pennsylvania. The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one-half interest shall become each party's sole and separate property. The parties, by letter, shall jointly direct the Millers to pay one-half of their regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax reLurils and be solely responsible for any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. B. The parties hereby acknowledge that they hold a certain note from Randall Brevik which encumbers 264 South Hanover Street, Carlisle, Pennsylvania. The parties agree to equally divide said Note. Each party shall be assigned a one-half interest in the remaining balance of the Note. Said one-half interest shall become each party's sole and separate property. -18- .~ ~ The parties, by letter, shall jointly direct Mr. Brevik to pay one-half of his regular monthly obligation to each party. The parties further agree that they will each claim one-half of the income from said note on their respective income tax returns and be solely responsible tor any and all taxes and liabilities as a result thereof. Each party agrees to sign any and all documents necessary to effectuate the terms of this paragraph upon request. 18. OWNERSHIP OF LIFE INSURANCE POLICIES: WIFE is cognizant of the fact that HUSBAND has maintained and paid premiums on a Primerica life insurance policy. WIPE hereby expressly relinquishes, waives and renounces any and all proprietary, statutory, distributional, ownership and beneficiary rights and options to the aforesaid insurance policy. WIPE hereby agrees and warrants that HUSBAND has full and complete discretion to change the designated beneficiaries on the aforesaid policy. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1989 Buick Park Avenue shall be and remain the sole and exclusive property of WIFE; (b) The 1992 GMC Van shall be and remain the sole and exclusive property of HUSBAND. (c) The 1991 Chevrolet Van shall be and remain the sole and exclusive property of HUSBAND. -19- .' ", (d) The 1989 Pontiac Grand Am shall become the sole and exclusive property of the parties' son, MICHAEL ETTER. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 20. AFTER-ACOUIRED 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 hereafter acquired by him or her, 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. 21. COUNSEL FEES: Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in (; connection with the divorce proceeding and the negotiation of this Agreement or otherwise. -20- " .' 24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 25. EFFECT OF DIVORCE DECREE: The parties agree that except as 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. 26. BREACH: If either party breaches any provision Agreement, the other party shall have the election, to sue for damages for such breach or seek remedies or relief as may be available to him or her, party breaching this contract shall be responsible for -22- -' " reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose'of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those set forth herein. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of -23- . :-~.. " financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30. AGREEMENT BINDING ON HEIRS: This Agreement binding and shall inure to the benefit of the parties their respective heirs, executors, administrators, assigns. -24- . . . SHARON L. ETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4387 CIVIL TERM RICHARD M. ETTER, JR., Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum Date: Tuesday, May 23, 2000 Present Attorney Maria P. Richard M. Etter, for the Plaintiff, Sharon L. Etter, is Cognetti, and present for the Defendant Jr., is Attorney P. Richard Wagner. This action was commenced by the filing of a divorce complaint on July 30, 1998, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 330l(c). The complaint also raised the economic claim of equitable distribution, On July 28, 1999, wife filed a petition raising the additional claims of alimony, alimony pendente lite and counsel fees and expenses. The parties were married on March 3, 1973, and separated on July 30, 1998. They are the natural parents of three children. Two of the children are emancipated; the minor child who is still in high school resides with the mother. Wife is 46 years of age and resides at 75 Campground Road, Carlisle, Pennsylvania. We believe that address is the residence of the mother of wife. Wife isa high school graduate, and is employed as a bank clerk with Keystone Financial. Her monthly net income is $1,113.27, Wife has not raised any health issues. She is not. receiving any spousal support, child support or alimony pendente lite. Wife is to provide to husband a copy of her 1999 income tax return. Husband is 47 years of age and resides at 359 Zion Road, Carlisle, Pennsylvania, where he lives alone He is a high school graduate and is sel the sole proprietor of Etters Heating and Air . . Repair. Mr. Wagner has provided an income and expense statement showing Mr. Etter's gross income at $15,000.00. Husband has not yet filed a 1999 income tax return. As soon as that return is filed, he should provide a copy to wife's counsel. Husband has been in treatment for an alcohol abuse problem, and is involved in follow-up counseling. The parties own eight properties in the Carlisle/Newville/Newberg area. Counsel are going to state on the record their position with regard to the properties or issues that need to be addressed with regard to the properties in order to allow us to prepare a spread sheet showing values and payoffs on liens. Also, wife has, according to her atorney, been keeping records of the income receipts from the properties and the expenses paid out for the properties. Counsel are going to go on the record and indicate what their suggestions are or plans are with regard to valuing assets, not just including the real estate but also vehicles, bank accounts, the business of husband, the household tangible personal property, and guns, and coin collection. Miss Cognetti, MS. COGNETTI: The first thing that we need to determine is whether or not Mr. Etter wishes to retain or to sell 101 East High Street. If he wishes to retain it, then I believe we will need to have it valued. Mrs. Etter does not wish to retain 65 West Main Street, so even though we agree on value there, we need to determine whether or not Mr. Etter wishes to retain it or we sell that as well. The same would go for l124 Spring Road in Carlisle. Again, we agree on the value, It appears Mrs. Etter does not wish to retain that, therefore we need to determine whether Mr. Etter wants to retain 1224 Spring Road . . or whether we place that for sale as well. Those are the issues that I see with regard to the real estate at this point in time. Additionally, however, we need to determine a value for 3 Square Hollow, which is the cabin, and perhaps if Mr. Etter can give us some input as to what he thinks is the value, hopefully we can avoid appraising the cabin. With regard to the vehicles, I will need to see Mr. Etter's '98 and '99 tax returns so that I can determine how he has been carrying them on the records of his business. If they do not appear to be an asset in the business, then I would suggest that we follow the NADA values as set forth in my inventory. But again, I would like some time to review his tax returns once provided to me, The only other item which would need to be determined by outside resources is with regard to the personal property, and we have discussed using and I assume sharing equally in the cost of hiring Chuck Bricker to do as much of the personal property as he is willing to do and comfortable doing. With regard to the value of Mr. Etter's business, I will again need to see his last few tax returns to determine whether or not it is financially feasible for us to bring in any type of outside expert to value the ..' business. In response to Mr. Wagner's position that it is a sole proprietorship, then I would at least need to do a little work into the value of the hard assets including the inventory, the equipment, and perhaps the accounts receivable. It is my thought at this time that we will most likely not be hiring a CPA-type, expensive person to do this, but rather, hopefully, be able to come down to looking at the values carried for inventory by Mr. Etter and hopefully reaching some joint decision on that. With regard to our pending claims of alimony pendente lite and alimony, I would like that to remain as an open issue until I have had an opportunity to further review the tax returns of Mr. Etter, and hopefully any financial information to date for this year as well, so that we can determine whether or not that is a viable claim. Likewise, I will once again speak with my client as to why no child support has been filed, although at this point in time I believe the child is just about to graduate from high school. So that very well is a dead issue. But with regard to alimony pendente lite and alimony, we want that to remain a viable issue until we have had more opportunity to review the potential earning capacity issues of Mr. Etter. But we do believe Mr. Etter has an earning .,' potential or earning capacity far beyond what he has shown to date on the tax returns in my possession. THE MASTER: Mr. Wagner. MR. WAGNER: As it relates to the issue of the real estate, we will be requesting, and we have been assured we will receive the accounting of the rental income and expenses associated therewith on the various rental properties. As it relates to the accounts, it would appear that most of the accounts that the parties have maintained either in terms of mortgage accounts, checking accounts or savings accounts are all with Financial Trust, and we are satisfied that current documentation can be provided evidencing both the amount of money that may be in those accounts, if they are savings and or checking accounts, and if they are mortgage accounts, the current balance of those accounts. As it relates to the personal property, we are satisfied also to use Mr. Bricker to do an appraisal of that property with the understanding that it's likely that Mr. Bricker will not want to be present to testify; therefore, the documents that he provides will be, as far as the husband is concerned, admitted without the necessity of having Mr. Bricker testify at the time of the hearing. We are also satisfied to use whatever book is -' necessary, whether it be the provincial blue book, black book, NADA book to establish the value of the vehicles, including the vehicles that are in the business of the husband. Husband's contention as it relates to his business is that it is a sole proprietorship, therefore there is no business value in the form of good will, but certainly as it relates to the inventory of the business, if there is any equipment, whatever the value that is subject to appraisal by whomever the wife chooses with the reservation by the husband to have an appraisal done, if he thinks necessary by someone of his choosing, As it relates to the aliulony, alimony pendente lite claim, I believe husband's position quite succinctly is with almost 900,000 to a million dollars' worth of assets, and whatever division of assets that occurs, each party will be in a financial position that there will be no need, even assuming earning capacity, is an issue. THE MASTER: The Master is going to ask counsel to advise him as soon as all of the values have been prepared so that we can place these assets and values on the spread sheet. At that point counsel should request a settlement conference with the parties present so that we can sit down and see if we can come to some resolution of the issues or at least stipulations on issues specifically in preparation .~. *,," for a hearing that may have to occur. A hearing is scheduled for Tuesday, November 21, 2000, at 9:00 a.m. Notices will be sent to counsel and the parties. Counsel are going to place on the record a time frame that they want to utilize in having the values determined for their respective clients so that we can then schedule a settlement conference. MR. WAGNER: Mr. Etter shall decide no later than July 1, 2000, whether he wants any of these properties and if he chooses not to have those properties assigned to him but rather have appraisals done that he shall notify wife's counsel by no later than that date of July lst and the parties will reasonably cooperate to effectuate an appraisal within 30 days of that date so that all appraisals will be done by August 1st, 2000. THE MASTER: Ms. Cognetti, do you agree with the time frame, and do you want to add any comments with regard to that time frame? MS. COGNETTI: The time frame is good, although I would guess with regard to something like the 101 East High street property, if it has to be appraised, the appraiser may need more than 30 days. But I think that Mr. Wagner can.! agree to immediately hi.re the appraiser and attempt ,to plaGe them within that time frame, and hope for the best, but that SHARON L. ETTER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 4 387 RICHARD M. ETrER, JR., Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Sharon L. Etter Plaintiff , Maria P. Cogne t ti Counsel for Plaintiff , Richard M. Etter, Jr. Defendant / P. Richard Wagner 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 21st day of November ,2000 at 9:00 a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. President judge Date of Order and Notice: 5/30/00 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFPICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 TELEPHONE (717) 249-3166 ... ""- ASSETS OF PARTIES I'lainliffmal'ks on the list below those items applicable 10 the case at bar and itemizes the assets on the fbllowing pages. Ifan item has been appraised, a copy of the appraisall'eport is attached. ( X) I. Real property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies {indicate face value, cash surrender value and current beneficiaries. ( ) 10. Annuities ( ) 11. Inheritances ( ) 12. Patents, copyrights, inventions, royalties ( ) 13. Personal property outside the home (X ) 14. Business (list all owners, including percentage of ownership and officer/director positions held by a party with company. .. ( ) IS. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 16. Profit sharing plans ( ) 17. Pension plans (indicate employee contribution vests) ( ) 18. Retirement plans, Individual Retirement Accounts. ( ) 19. Disability payments ( ) 20. Litigation claims (matured and unmatured) ( ) 21. MilitaryNA benefits ( ) 22. Education benefits (X) 23. Debts owed to you (and/or your husband), loans, mortgages held, etc. (X) 24. Household furnishings and category and attach an itemized list assets is in dispute (X) 25. Other MARITAL PROPERTY 5. Bank Accounts , ) ITEM DESCRIPTION: Bank Account jbr Rental Units with Financial Trust Account # 2679033353 Husband and Wife OWNERSHIP: POSSESSOR: Wire DATE ACQUIRED: During Marriage COST/ACQUISITION VALUE: DATE OF SEPARATION VALUE: $455.09 PRESENT VALUE: $177.89 NAME AND ADDRESS OF ANY LIEN HOLDER: EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: None 1.n~~~~~,~~~~ . I'ngc 101'2 CIJmhined Statement ruly 26, 1998 In Augusl 26, 1998 '","'",1".,.",""1"""",'"",111,'"""",,,,,"," SHARON LETTER 259 MOUNT ZION RD CARLISLE PA 17013-8919 NUlllber nf SlaleruelJt Enelnsures; .1 Fnr infi1ffimlinn regarding Ihis statcmenl, call: 717-243-.1212 ~Untmary(JfY(}t";AccOUnts> . ....~.; .;.;.' .;.;. .-::'.:.- . ,'. ...-: ,',';'. ,-,'_' c.,: :.:.; ", :-;.;.: '.: . _, ;.;.: .-: :'.' .: :.: :.;. .; ;., : .'.; .', .' krounJ 1)7'< (Detail) ~HECKING ffiYSA VINGS 1277928 1424886 Oprnillg Balll/lt,'r. OtJsing DaltJI/ct: lntufJI ElJ/7U'd hUert'st 07-26-98 08-26-98 Thl.r Sr~/rment Eam.d !Tn $ 19.15 $ 22.86 $0.00 $0.00 $ 1,678.88 $ 1,382.66 $.1.78 $ 29.43 $ 1,698.03 $ 1.405.52 53.78 $29.43 Account Number ?ersonal Billboard ]OOD NEWS] FINANCIAL TRUST HAS EXPANDED INTO THE HARRISBURG AREA WITH OFFICES AT ,INGLES TOWN ROAQJRONT STREET: LOWER PAXTON, HERSHEY, COLONIAL COMMONS AND NORTH 7TH ;TREET. WE NOW HA v ~ 42 OFFICES Tv SERVE YOU] . "'q~~~1!'!!{::;.F ..i....~.. \ccount TItle \ccount Number Sharon L Eller 1277928 Beginning Dj'posits Withdrawals Balance Number Amuunt NIJnlbcr tlmmUlI Frf'S IntueJt Paid Ending Ba/anct! $19.15 3 '$2,159.00 3 $2,155.29 $ 0.00 . S 0.00 $ 22.86 I' . ....,..,Aitiilulib.. \09.00 50.00 2,000.00 Deposit Transactions <Description' '-.. ......,' -'-'-' DEPOSIT DEPOSIT DEPOSIT , -'inantial' Trust ~ . ^ I(<yslunc Cummunlly nJ~ Page 101'2 ')eposit Stateme11t lily 31. 199R to October J I. 11}'JR '",1"",1""""""",1,,1.1""""",',,,1,',',1,,','," RICHARD METTER JR SHARON LETTER 259 MOUNT ZION RD CARLISLEPA /7(J/J-R919 For inrnffilation rcgarding this slalemenl. call; 717-243-3212 'ersonal Billboard :ALL FINANCIAL TRUST'S AUTOlvlA TED TELEPHONE BANKiNG SERVICE 1-8SS-539-CALL (2255) FOR AN UPDA TEl. IROCHURE REGARDING THE STATUS OF KEYSTONE FINANCIAL'S YEAR 2000 EFFORTS. feySal,ings . .. JaiNt- Rieh~rd MEtter JR -"-3780552R2R \Ccount Tille , \CCllunt Numher Bl'gi,mblg DI'{losiLf Wilhdrml'l1/s BiJltmr~ Nllm"(~r Amolmr Number ,tmuunt Inter~st Paid E"'/illg Ba/llnce Fc~s S2.401.12 7 S 1.360.00 0 SO.OO SO.OO S23.46 S3,7R4.58 lute Deposit Transactions Description DEPOSIT DEPOSIT INTEREST DEPOSIT INTEREST DEPOSIT INTEREST ;-':,:::~' >n;~! . . >m~,.~;;f . . J.775.S6';:::;:;,~ Amoullt J4(J.O(J 340.00 7.07 .140.00 7.67 340.1I(J R.72 Jute Daily Balances Amount !lutc (JR-31 09-(J4 1I'J-.1(J AnlOunt 3.088.19 3.42S.19 3,435.86 Dutc 10.05 10-31 7-31 R-03 R-04 2.401.12 2.741.12 J.IISI.\2 - .. :'.~' . ",-, "'<'l, :.i.na~~!~,~~~~~ Page lof2 Ctm,hined Statenrcllt luly 26, 1998 tn Augusl 26, 1998 1",111",11'."",""11,("1,1.'"",111,1,,,1,1,',1,,1",11 SHARON LETTER 259 MOUNT ZION RD CARLISLEI'A 17013-8919 Number or Statement Enclosures; 3 For infilffilHlilln regarding this statement, call; 717.243-3212 ~'l~m~(JrJ.I(JtJ'1!'t-1cc1t11!~ ....... ~HECKING mYSA VINGS 1277928 1424886 Vp,"n'"g IJlllmwC! G111slng Baltmc{~ [ntul's, Earnl'tl 11.{Cff'St 07.26.98 08.26.98 This Sla/ement Earned !TD $ 19.15 $ 22.86 $ O.O{) SO.OO $ 1,678.88 $ 1,382.66 $ 3.78 $ 29.43 $ 1,698.03 $ 1,405.52 $3.78 S 29.43 . Irrou/l/1)pe (Dc/all) ACCUlml Number Personal Billboard :;OOD NEWS] FINANCIAL TRUST HAS EXPANDED INTO THE HARRISBURG AREA WITH OFFICES AT JINGLESTOWN ROAQ~RONT STREET) LOWER PAXTON, HERSHEY, COLONIAL COMMONS AND NORTH 7TH lTREET.WE NOW HAv~42 OFFICES T{ SERVE YOU] . 'ffl,fJcki1Jg. ...:..........(Q... ~@~....>I.....i1.../....... ....'.......-.................... ,::/~.~ ~ccount Title ~ccflunt Number Sharon LEtter 1277928 Begintling Dt'P'lSiLf Witlulrawalr Balance Nllm"r.r Amuunt Numbrr AmOlm/ Frf'S Intur-st Paid En/ling nalUJlCt! $19.15 3 $2,159.00 3 $2,155.29 $ 0.00 $ 0.00 $22.86 I ~~tc .. 17-28 18-05 18-21 ....Ailloulit.... 109.00 50.00 2,000.00 Deposit Transactions '. '., i Dcsc~lptl?n' J) EI'OS IT DEPOSIT D1~I'OS IT "\WI""1 F^,)I"jlJ't"cr .'IC.Tlloll SIAI_III.'lll "'I~I VZII.'J'1 ISSUES RAISED IN DIVORCE Equitable Distribulion COMPLAINT DATE OF FILING OF PETITION FOR April 28, 1999 ADDITIONAL CLAIMS ISSUES RAISED IN COUNTERCLAIM Alimony, Alimony Pendente Lite and Counsel Fees BIFURCATION NOlJe PREVIOUSL Y RESOL VED ISSUES None II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts or the parties; DESCRIPTION .-(";roTAL..../ HUSBAND'S --vr\tlJE POSSESSION COMMENTS I.A 259 Mt. Zion $207,000.00 $207,000.00 Marital Rd., Carlisle, PA Residence I.B 27-29 West $90,000.00 $90,000.00 Rental Units MainSt., Plainfield, PA 17081 I.C 65 West Main $140,000.00 $140,000.00 Rental Units Street, Plainfield, P A 17081 I.D 1142 Newville $65,000.00 $65,000.00 Rental Unit Road, Carlisle, PA 17013 I.E 1224 Spring $34,300.00 $34,300.00 Rental Unit Road, Carlisle, PA 17013 II IWp'I'I.I;AIlIN(N:IlCII'lc.Tnal SUICllIcnl IOlkl 92V'" ITEM DESCRIPTION TOTAL IIUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION I.F 1236 Spring $42,600.00 $42,600.00 RClJtal Unit Road, Carlislc, PA 17013 1.0 101 East High $198,300.00 $198,300.00 Rcntal Units Street, Carli sic, Pa 17013 I.H 3 Squarc Unknown Unknown Cabin Hollow, Newberg, PA 2.A 1989 Buick Park $3,200.00 $3,200.00 A venuc 2.B 1992 Chcvrolet $9,225.00 $9,225.00 Truck/Van 2.C 1991 Chevrolet $4,650.00 $4,650.00 Truck/Van 2.D None Financial Trust Account # 140058 3.B Financial Trust $178.00 $178.00 Rental Unit Account # Account 2679033353 3.C Financial Trust $949.00 $949.00 Rental Unit Account # Account 169994 3.0 Financial Trust $22.00 $22.00 Checking Account # 1277928 II \\\'p'J'LnAIJINCrIJ:utll're.11II1 :rillll'm~nl "pd , 1mN'1 ITEM DESCRII'TION TOTAL IIUSBAN/)'S WIFE'S COMMENTS NO. VALUE POSSESSION I'OSSESSION 3,E Finllncilll Trust $8.00 $8.00 Checking Accounl II 498149 3.F Financial Trusl $156.00 $156.00 Checking Account II 3780552828 3.G Financilll Trusl $936.00 $936.00 SlIvings Account II 1424886 5.A Keith & Bertha $33,762.00 $33,762.00 Monies are Miller deposited into a joint rental account. 5.B Randall Brevik $69,641.00 $69,641.00 Monies are deposited into a joint rental account. Etter's Heating lInd Air Conditioning ;HdU~gh&id.,."""",."",..".,., G~ad~/P~i~ghHj;; ,~t9P~gty,t.,.",.,."", 7.B Coin Collection Unknown Unknown , il \WIIII'I.nAIlING\!:lltll'IeoTli.1 SWtl1lClI1 "lid ~121l1'1J ITEM NO. 7.C DESCRIPTION TOTAL VALUE HUSBAND'S POSSESSION WIFE'S COMMENTS I'OSSESSION Old School Unknown l'louse Bcll Unknown 7.0 7.E Antiquc Stand Unknown 35" Console TV Unknown with Surround Sound Stcl'eo Unknown Unknown 7.F Misc. Houschold Furnishings Unknown Unknown Unknown 8.A Mortgagc on $93,022.00 $93,000.00 Marital Residence 8.B 1 Sf Mortgage on $226,400.00 $226,400.00 Recently 101 East High refinanced Street, Carlisle, PA 8.C 2nd Mortgage on $25,227.00 $25,227.00 Recently 101 East High refinanced Street, Carlisle, PA 8.0 Loan on 101 $50,000.00 $50,000.00 Recently East High Street, refinanced Carlisle, PA 8.E Mortgage on $50,770.00 $50,770.00 1224 Spring Road, Carlisle, PA 17013 8.F Mortgage on $67,364.00 $67,364.00 1236 Spring Road, Carlisle, PA 17013 if IWp\,I'lI:,\IIIN{j\'[Utr l're.rri.1 Sldll'ltItlll "Jld 'mJlN III. LISTING OF PEI~SONAL PIWI'EIrI'Y ITEMS RETAINED BY WIFE DESCRIPTION VALUE Parties have not dividcd their personal bclongings us they still residc in thc samc houschold Unknown ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE Parties havc nol dividcd their personul belongings as thcy still reside in the samc household Unknown IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the lJon-marital assets of thc parties: Nonc V. PENSIONS The following is a listing of the pClJsions of the partics; None VI. INCOME AND, EXPENSES The following is a listing ofthc incolllc and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income Unknown Net Monthly Income Unknown Monthly Expenses Unknown Wife Gross Monthly Income Approx. $],555.85 Net Monthly Income Approx. $],1 ]3.27 Monthly Expenses (includes joint $2,669.12 household expenses) OTHER INCOME: WEEK MONTH YEAR (approx. Bon Ton (Part time) $142.00 net) Interest Dividends Pension Annuity Social Security Rents Royalties , Expense Account Unemployment Compo Workmen's Compo TOTAL OTHER INCOME: $142.00 TOTAL MONTHLY NET INCOME: $1. 113.27 WEEKLY MONTHLY YEARLY HOUE: Mortgage , $1,240.33 Maintenance Repairs UTILITIES: Electric * $150.85 Coal * $33.33 oil * $ 41.67 Telephone * $33.00 Water Sewer EMPLOYMENT: Public Transportation Lunch $104.16 TAXES: Real Estate * $ 41. 00 Personal Property * $16.00 Income , INSURANCE: . Homeowners Automobile $166.50 Life (Husband) * $17.90 Accident Health Other AUTOMOBILE: Payments , Fuel $58.50 " Repairs $22.73 Maintenance $19.64 Licenses $3.00 Registration Auto Club MEDICAL: Doctor * $6.25 Dentist Orthodontist Hospital * $14.29 Medicine Special needs (glasses, braces, orthopedic devices) EDUCATION: Private school Parochial school College Religious School lunches $60.00 Books/misc. $23.81 PERSONAL: Clothing $189.58 Food * $271.00 Barber/hairdresser $12.50 Personal care * $76.92 LaundrY/dry cleaning $16.67 Hobbies Memberships . . VERIFICATION I verifY that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. 94904, relating to unsworn falsification to authorities. rZMd@L%- r DATE: :~:;-/9-C:() . COMMONWEAI.TII OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: SHARON I.. ETrER, Pluintit'f IN TIlE COURT OF COMMON PLEAS OF '. CUMBERLAND COUNTY,PENNSYLVANIA v. RICHARD M. EllER, JR., Dcfcndunt NO. 98-4387 MOTION FOR APPOINTMENT OF MASTER AND NOW, ' 1999, comes the undersigned attorney for the Pluintiff and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (X) Grounds for divorce; (X ) Alimony Pendente lite, ( ) Support; Counsel fees; (X) Alimony; ( ) Paternity; (X) Equitable distribution of ( ) Custody; property; ( ) Other Service of the complaint was made on the above named defendant on August 14, 1998 by personal service (personal service, publication, etc.) An appearance on behalf of the defendant has been entered by NtA . The following attorneys have beca interested in other matters arising between the plaintiff and defendaat: Nt A Contest indicated. - AND NOW, 199..9-, [~J2I-t~/l..+ (~ , Esq., is 1e by appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. (p.,'t2) ~,gA.O',~ ( t.kff.tY'- f', J. SHARON ETTER. : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, I'ENNSYL VANIA PlaintilT v. NO. 98-4387 RICHARD M. ETTER, JR.. Defendant CIVIL ACTION - LA W IN DIVORCE PETITION FOR ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES AND NOW comes the Plaintiff; SHARON ETTER, by her attorney, Maria P. Cognetti, Esquire, and petitions this Honorable Court ror alimony, alimony pendente lite and counsel fees and cxpenses relevant to her Complaint in Divorce, and in support thereof, respectfully represents as follows: I. By rcason ofthis action, PlaintifThas incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. Plaintiffis without sufficient funds to support herself and to meet the costs and expenses of this litigation. 3. Plaintiffs income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately, maintain herself during the pendency of this action. 4. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. 5. Plaintiff is uIlable to support herself through appropriate employment. MARIA ". COGNIiTrI' CogncHi & Bradcrman ]A YR. liRA DERMAN ------- KAIl/iN A. SlIIillIFF Parulcglll Enclosed for filing in the above-rererenced matter please find the tbllowing documents: 'felluw, AmclIcan Academy uf Mllrimonialloawycrs May 28, 1999 E. Robert Elicker, II, Divorce Master Cumberland Coullty 9 North Hanover Street Carlisle, P A 170 I 3 REo' ETTER v. ETTER DOCKET NO. 98-4387 Dear Mr. Elicker; I. Plaintiffs Income and Expense Statement. 2. Plaintiffs Inventory and Appraisement. 3. Plaintiffs Pre-Trial Statement. Please schedule a Pre-Trial Conference at your eal'liest convenience. Thank you for your attention (0 this matter. Very truly yours, COGNETTI & BRA By ERMAN ~ /t(tUc~ MPC/drc cc: Sharon Etter P. Richard Wagner, Esquire IL\Wp\COItRHSl'ml!ller.Llr 10 M3! Cllcll'T-I^^.IAI!.wpd (717) 232-2103 . (717) 232-6600 . Fax (717) 232-5775 200 North Third Strecr . Twelfth Floor' P.O. Box 689 . Harrisburg, PA 17108-0689 SHARON L. ETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD M. ETTER, JR., Defendant 98-4387 CIVIL TERM IN RE: PETITION OF RICHARD M. ETTER, JR. , FOR CONTEMPT ORDER OF COURT AND NOW, this 27th day of March, 2002, the within petition is granted in part to the extent that it is ordered and directed that the Plaintiff/Respondent return the material stored in the mentioned garages. The return of the materials to commence with a meeting at the garages between the Defendant/Petitioner and his son Michael at 11:00 a.m. on Sunday, April 7th, 2002. The removal of all property to be completed not later than 5:00 p.m. on April 12th, 2002. The balance of said Petition for Contempt is denied. By the Court, J. Sharon L. Etter, Pro Se Plaintiff/Petitioner 586 F Street Carlisle, PA 17013 C6./~ ~l. <1_63-D2.., 9-.-. P. Richard Wagner, Esquire For the Defendant/Respondent :mae