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HomeMy WebLinkAbout98-06229 - oJ lI) d . 7 Qj ~ c5 I~ !~ iJ cr (l) l6 -5 , II I /l / /. " " / "'" .1, '. f .. J' I ( t, l./ ?'i '. " , .,/ ,( :1 " ! vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9B - 6229 CIVIL , KELLY CASSEL, Plaintiff i ROBERT I. CASSEL, Defendant IN DIVORCE SEPARATION AND PROPERTY SETTLEMEN'l' AGREEMENT .A (' , I,'~I v THIS AGREEMENT, made this ,) day of E:eptember 2000, by and I between KELLY CASSEL of Carlisle, Pennsylvania, horoJ.nafter II referred to as Wife; and ROBERT I. CASSEL of Mechanicuburg, Pennsylvania, hereinafter referred to as Husband, WITNESSETIl 'rllA'l'l ,),1' r) ; \- ~1v f., II WHEREAS, Husband and Wife were married on October 14, 1995 in I Carlisle, Pennsylvania; and II I WHEREAS, the parties are both bona fide residents of tho Commonwealth of Pennsylvania and have been so for at least tho pout six months; and WHEREAS, certain differences have arisen between the partieu hereto and, as a consequence, they have ceased living as Husband and Wife since October 15, 199B; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to sottle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full i and ample opportunity to consult with attorneys of their respective I j choice, and the parties now wish to have that agreement reduced to i i writing; and WHEREAS, in preparing this Agreement and negotiations ;: Ii , contemporaneously therewith, Wife was represented by Matthew J. :/Eshelman, Esquire, and Husband was represented by Charles Rector, !I Esquire, each of whom have given a full explanation of the same to II their respective clients; and ! I WHEREAS, there are no dependent children to the marriage; and, II 'I I . NOW THtEREfFOREh' hthe . pafrtties, idn fconSidtehrationdofd the mlutbulal I proml.ses se ort erel.na er, an or 0' er goo an va ua e I ! consideration, intending to be legally bound and to legally bind iltheir heirs, successors, assigns, and personal representatives, do I hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel 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 i i II I it , the part of either party of the lawfulness of tho caUIlIJ'. 10n<l11l'J lo them living separate and apart. 1.2 Effect of Reconciliation. This Agreement. Ilhn11 1I0t. bu ! deemed to have been waived or otherwillo 11 t I tIl: I.od by II ;! reconciliation, cohabitation, or resumption of mllrLlal rulnllollu Ii : between the parties. ! , i reconciled with the intention of vitiating or termlllating thin I i Agreement unless they make such actlono through a writ.ton I I instrument, executed, and acknowledged in the oamo mallner au thiu I Agreement. I I' i divorce. I II acknowledged between the parties that Wife has filed 11 divorce action against Husband, and that both partieo agree, as a condition The parties ohall not bo doomo<l lo have ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement 10 not predicllted on Notwithstanding the foregoing, it io, in fact, agreed and to this agreement, to execute the necesoary divorce conoento required by Section JJ01(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It io warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby Iwarrant, covenant and agree that, in any possible event, he and she I are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any I I such decree, judgment, order or further modification or revision I thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorcoration of Aqreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and ,I needs for each of the parties; the contribution of one party to the , Ii education, training or increased earning power to the other party; :: I i the opportunity of each party for future acquisition of capital II II assets and income; the sources of income of both parties, including II but not limited to medical, retirement, insurance or other I , benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital I property, including the contribution of a party as a homemaker; the I i value of the property set apart to each party; the standard of !living of the parties established during their marriage; the II economic circumstances of each party, including federal, state and II local tax ramifications, at the time of the division of t.he property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 satisfaction of Riqhts of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any aSBets that may be acquired by Husband prior to the finalized divorce decree, except liS may be otherwise set forth herein. 3.4 PerBonaltv. The parties have agreed between themselves to a division of all household furnishings and personal property ': : which would be considered "marital property" under the Pennsylvania I ,i Divorce Code, including any pensions or retirement savings accounts " , : or plans. Except as otherwise provided herein, the parties I I acknowledge and agree that the assets in the possession of the lother spouse shall be that spouse's sole and separate property, [eaCh party hereto speci~ically releasing any claim he or she may !have with respect to such items. The parties further agree that, I as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession I thereof hereby releases any claims therein and acknowledges that , the party having title or possession of such items shall be the Ilsole and exclusive owner thereof. I 3.5 Eauitable Distribution Payment. Wife shall pay Husband i I the total amount of $3,500.00, representing his equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. wife shall pay this amount in lump sum payable within seven (7) days of execution of I this Agreement. it is specifically understood by the parties that I this amount constitutes a one-time, non-taxable payment from Wife I to Husband. I, il 3.6 Property to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decreet or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: Engagement ring, Wedding ring, Chevy S-lO pick-up. The rings referenced herein shall be the identical engagement and wedding rings and will include the original gems contained therein which were originally purehased by Husband for Wife. 3.7 Property to Wife. wife agrees to relinquish all claims to any assets that may he acquired by Husband prior to the finalized divorce decreet or as may listed in the preceding I' paragraph, in exchange for the following assets to be transferred , ' to Wife: Saturn automobile, Harris Savings account (s), Members 1st I account(s). II 3 8 Retirement. Each parties specifically waives any claim I they m~y have against the retirement of the other. Each party acknowledges that the other spouse may have a retirement plan or I account to which the parties may have contributed martial property over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement I assets may prove to comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other I II Wife have incurred certain bills and obligations and have amassed , a variety of debts. It is hereby agreed, without the necessity of Ii During the course of the marriage, Husband and I confirm they have waived any claim right or I I I sPOUse so as to interest thereto. 4.1 Debts. ARTICLE IV - DEBTS OF THE PARTIES ! ascertaining for what purpose and to whose Use each of the bills i were incurred, that, except as otherwise provided herein, both Ii i parties are equally responsible for all such bills, obligations, I and debts. Husband and Wife each agree to hold the other free and I I I harmless from any and all liability which may arise from any 110""'"d'"' bill., "bl""io"" '"d d.b', '"c"rr.d ,f'.r 'h. do'. il i of separation, and further agree to indemnify and defend the other I from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. II 4.2 Specific OUtstandinq Debts of Husband. Husband agrees to I accept sole responsibility for, and to indemnify Wife and hold Wife I free and harmless from any and all liability which may arise from the following outstanding bills, Obligations, and debts and further I agrees to indemnify and defend Wife from any claim regarding same: HUsband's parents' loan, Beneficial loan, I.R.S. liability, personal tax liabilities, and consumer credit counselling service ($2,526 representing Discover and First Tennessee). I II II I: 4.3 SDecific Outotandinq Debts of Wife. Wife agrees to accept sole responsibility for, and to indemnify Husband and hold Husband free and harmless from any and all liability which may arise trom the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Husband from any claim regarding same: Loan secured by Saturn, Wife's parents' loan, wife's brother's loan, and consumer credit counselling service ($2,600 representing GE Capital, Commercial Credit, Member's 1st). ;1 ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimonv. Pursuant to this Agreement of the parties, each party waives any claim they may have to alimony, support, maintenance, or the like against the other spouse. 5.2 Effect of Bankruptcv. It is expressly understood and agreed that Wife has accepted the provisions of this Agreement relating to alimony and support for and in consideration of that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party II ,I ii il shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. " ,1 6.2 Advice of Counsel. The parties acknowledge that they i have been given full and fair opportunity to consult legal counRol " i regarding the legal effect of this agreement. They acknowledge and I accept that this Agreement is, in the circumstances, fair and II equitable, that it is being entered into freely and voluntarily, II after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or I I undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband a~d Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out lof any former acts, contracts, engagements, or liabilities of such II other as by way of dmler, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, i' " whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the united States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only I except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of , !nature, real or personal, not mixed, which the other now owns or I may hereafter acquire, except and only except, all rights and ilagreements and obligations of whatsoever nature arising or which I may arise under this Agreement or for the breach of any thereof. I Both parties acknowledge that they have been advised that each may I ! have the right to assert a claim for spousal support, alimony, , i alimony pendente lite, attorneys fees, costs and/or expenses. II IIExcept as otherwise provided herein, each party hereby waives any Ii liright to such economic claims ancillary to the divorce and accepts !i \ ! \ Ii ! the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach Ilor default shall be deemed a waiver of any subsequent default of II the same or similar nature. I 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to earry out fully and effectively the terms of this Agreement. 6.8 Governinq Law. This Agreement shall be construed in i I accordance with the laws of the Conunonwealth of Pennsylvania which I are in effect as of the execution date of this Agreement. II 6.9 Bindinq. This Agreement shall be binding and shall inure II to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Aqreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for I purposes of convenience and are not to be construed as controlling. I 6.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The i adequacy of the consideration for all agreements herein contained I i and stipulated, confessed and admitted by the parties, and the I !parties intend to be legally bound hereby. I party breached the aforesaid Agreement and it is determined through I, In the event either appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. hereto have set their hands IN WITNESS WHEREOF, the parties I and seals the day and year written. I I WITNESSED BY:,'/ I ''\ ,I /) lL _~k 7a/ ---:-7 / /;1 J,' " ",-r /C" ROBERT I. CASSEL, HUSBAND -I, ~. ,~ ,tA,"/t'111 /; / -'I .' I/>/J//'l~/ KELLY CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 98 - 6229 CIVIL , i ROBERT I. CASSEL, Defendant IN DIVORCE PRAECIPE TO 'PRANSMIT RECORD Plaintiff's Defendant's SSH 189-54-0931 SSH 198-44-9575 " " " iiTO the Prothonotary: I: 'I II Transmit the record, together with the following information, to the Court for entry of a divorce decree: II I'i 1. Ground for Divorce: Irretrievable breakdown under S 3301 (c) Is B01/d) (1) of the Divorce Code. (Strike out inapplicable section) I 2. Date and Manner of service of the Complaint: Defendant's I attorney, Charles Rector accepted service of the divorce complaint on behalf of the Defendant on January 5, 2000. The praecipe was filed with Court January 10, 2000. 3. (Complete either paragraph (a) or (b).) (al Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by the Plaintiff October 11. 2000 ; by the Defendant October 3. 2000 . I \ I I (bl Date of execution of the affidavit required by S i 3301(d) of the Divorce Code: ; II Date of filing of the Plaintiff's affidavit upon the respondent: ; Date of service of the Plaintiff's affidavit upon !' the respondent: II' \ 4. Related claims pending: Please incorporate. without \Imerqinq. the attached Propertv Settlement Aqreement of the parties into the Divorce Decree. I I I I 5. (Complete either paragraph (a) or (b).) (al Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, (bl Date Plaintiff's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: filed simultaneouslv w/Praecipe ; Date Defendant's aiver of Notice in S 3301(c) ~~~~r~e was filed with ~;~~t:~zt ry: filed October 18. ! L/Ce l( ~ ---- Date: U;3 '~I i iN Matthew J Eshelman, Esquire 2108 Mark. t Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDH 72655 Tel. (717) 763-1800 Attorney for the Plaintiff KELLY A. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.1 r ~) Hi (It ,.('L CIVIL ACTION - LAW IN DIVORCE vs. ROBERT I. CASSEL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt I: I', ,! action. I, I I, I: d il You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A jUdgment may also be entered " i i against you for any other claim or relief requested in these papers II ,I 'I II " I' II ,I I' i I I by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is or indignities irretrievable breakdown of the marriage, you may request marriage Counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. I I Ii II , I I I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 , , , , 6. There have been no prior actions of divorce or for annulment between the partiee. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. 10. There are no dependent children to the marriage. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. Wherefore, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to 53502(a) of the Divorce Code. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE - S 3702 13. Paragraphs one through twelve are incorporated herein by reference. 14. The Plaintiff is the dependent spouse and Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself completely through app,ropriate employment. 15. Plaintif f requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. Wherefore, the Plaintiff, Kelly A. Cassel, respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property; and the Plaintiff further requests the Court to enter an aware of reasonable alimony upon final hearing and permanently thereafter. Respect Ulry/submitted, , tl~ --- Date: lel~l?f Matthew J. Law Offic 2108 Mark Camp Hill, ID# 72655 Eshelman, Esquire of Patrick F. Lauer, Jr. Street, Aztec Building pennsylvania 17011-4706 Tel. (717) 763-1800 ~ . I , I' r r I I ~ ~ . ,-1t ~, " i \ , KELLY A. CASSEL , IN THE COURT OF COMMON PLEAS OF (, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA J va. No. "- t ROBERT I. CASSEL , CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION . ~. ' , I verify that the statements made in this Complaint are true , ,. and correct. I understand that false statements herein are made r. [ I. subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: It-/25 In' I / {tJ. &'L~ assel I " \ U 0.:'" o WC'll=lO 0:: ",0- _ !::t::~ l1. :J lIJ:l ot iO 0" -I' III wZ", 1IJ :lot... U 1IJ z:lr:: -li"'''- lto~~~ otig~~ ~ 1IJ 0".0 <o::~:r .J III z J: ~ l1J ffio..ie .J "' :l: l' 0::" ot- <( ~ut: :I:- U '- - .,-. . __ . .-.." 1 ~ .... ~ -'. c: :3d ..- N ,-, (.~z Uf'- L '," - 0;:': C' .... C)~ ...\- o. (')1., ~~'.:~ 1 C 0 C...' - .1Z u.,' .. (.-Z ~I\ll .- .DlQ -- \.J-,". ...t ~J)u.. ,. ..., ..:;. CI. a :..i u C> <.J U 0:'" 0__ IJJ.. N - \0 ...0_ 0::'" ....N 1-.. \J. 5 ~$~ o a .z!, ~~~~E -li"'>~ It 0 :(~"' o t c~.... Co._ =:; IJJ C 0 <l: 0:: ~::l~ .JUl~i:iD LLI wa...... .J u.:E!' 0:: ,,<t- <I: S! u t: :t. U . . '.. . -' KELL Y A, CASSEL. Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO, 98-6229 CIVIL TERM ROBERT I. CASSEL, Defendant CIVIL ACTION. LAW IN DIVORCE MOIJJ)1J..EORAeff2lNIMft:JIJ)EMASIfR Robert I. Cassel. Defendant. moves the Court to appoint a Master with respect to the following claims ( X ) Divorce ( ) Annulment ( X ) Alimony ( X ) Alimony Pendente Lite ( X ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. Esquire. The Defendant has appeared in the action by his attorney Charles Rector, 3. The statutory ground for divorce is 3301 (c). 4. The action is contested with respect to all the above claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. There is no additional information relevant to this motion. . ,) r:~r---- /'.J~ ) ~j Charles Rector. Esquire Attorney for Defendant -~~---- Date: 12/31/99 AND NOW, Esquire is appointed ORDER APPOINTING MASI.EB '/,2000, ~-~A-aJ~ spect to the following claims: a/A . J. . " .... ~. ( OIl :';1./ 11 ,'iH 11: r:4 l/....-/ :1..,. '.. .....'.,:...: 11'( t-'c~.;r..:. "i_I;, ~tJ.t\ 1'r. ,... i>.= 'C c:: ,. ~j ~'.. lJ.lr~ :-J.... ~ \~i' , C)~.:. lJ_4 ;1':' ~.~ ;i: '..l'i". u.. ....> (_'(~i ;.~ CJ:." Cl ~i~ u.P' 17- eLll,: ;r:: '}l~ (~: _.'C :r (1_ -, ::: ~) 0 ::l (.') <.) ti a:'" .~-- LlJ I.&JO~ D::: 1-""(\1 11. 5 lJl5;~ o G .z'" llJ 13 ~:; E: !:! . ~ ~ t: 11. 0:: ;olJll< 11. 0 <( z~ O\jg~' ~ ll1 ~~~ ~ (I) ~:tU; 1.11 wa.." .J u. "" 0::" <(- <Slut: J:- U . " . .. . . , . , J.f'lt'ili1.J!;l 1:: : I! \/,: H'I '1< !\ I I I l:, /.\ l:f 1"'1::,' ,. . I:: T!!:-: r")'~j<:' ():.' r',::-:;.:r;~~ !'U-:/\:; ;)1.' ("::'~H:<:'l.!\~~l ('i;'~:;TY, l'i-:~J:--;:;YLV!\r':Il\: r: r:: ,,' ',\: ~ . " . , ." i,.. :~;). ("i - I,.<,';~ (:1'111. I<()HFHT 1. r "J.: ~::!-: L, Ui<l ;:':H 0:: CCrlHT l\NIJ N(J;'i, ~~ L n _un day ()IM_._.____, th i ,; 2000, the economic claims raised in the proceedings having be0n resolved in dcc0rrlar1(_~p \'lith a separatjon and property settlement agreement datea October 2, 2000, 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, P,J, ~ ' ; I r cc: Matthew J, Eshelman Attorney for Plaintiff ~ (' . ~ 0 L.-~O'\o,~.o \ ~ ~ ~ \ , (I I,' , , Charles Rector Attorney for Defendant "1""'" (........, r,,',,,, : /,. /\..'. :'.1 '" "1:;. ", ..... '. ('r;:'::';(;~'J I'LEr\:~ en 'r:: :":', :'Fr:N::"n,v/\Nlr\ :'.<1::,'" ! f"':':H:".:':';'.r;:, V: , " .: \' 1 :, }'- C}j ~ 1'; j i .: ( '/~: :: : :-: l 1 ), . : , ' : . ~ i , j I : t j h ;! 1:I;iU'i< ';'(): :':,I~. t L('I,'; ,J. i-:;;11(.l ::'dll /\tLlr:;f~'I i:_lr Plaintiff Chdrl(~:j Hector ..' i\t:t.()rlll!Y for Defendant: DA'n:: Thursday, .January 13, 7000 CERT 1 FI CAT [ON 1 certify that discovery is conlplE!te ~s to the claims for which the Haster has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. i .( , , I I " (hi 1': (,'/ :,:t. 'l;:j ': z,:' , , " jJ' ,. ..:,'" '/ t . ~ '/ '.':. .: : I' ( " ;:::p ; (. ~ I' d:~' i ,:;:; 'J'" '.'::., J ' i ' ' . ; : ~ J :, j ;.: I ' r , : ' >:):::P;l': t' ':..: 'I. DAn: --~~_._-~.~-~~--------- COUNSEL FOH PLAINTIFF ( COUN:3F:L ,'Of< DEF'ENDl\NT ( NOTE: Pf<ETHIAL D:PECTIVES WILL NOT BE IS:3UED FOR THE FILING OF PRETRIAL STATEt1ENT:3 UNTIL COUNSEL HAVE CERTIFIW TIlI'T DISCOVER'{ IS COt1PLETE, OR OTHERWISE AT THE t1ASTEf<' S DISCRETION, AFTER RECEIVING THIS DOCUl1ENT FROt1 BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COt1PLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATE11ENTS WILL BE ISSUED AT THE I1ASTER' S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COt1PLETE, A DIRECTIVE TO FILE PRETRIAL STATEt1ENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE ~ffiSTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, KELLY CASSl'~L, l' 1 dint. i If ! N THE r:OUhT OF C(j:1:1()~'J PLEAS OF CIJI1BEI\lNll> COUNTY, I'ENN~;YLVAN J!, VS, C IV! L N:TICJN - l.!\~i NO. flH - I,,??'; c:iVil, !WIll';ln I, G,:;:;i':r., De f l~lldilnt. IN !JIVOHc:l': NOT I CE or' ['RE-IIE!\IU Nl! CONFEiU~NCl': -_._..._---_._------_._--~--_..-.__. --_..---- ---- TO: Matthew J. Eshelman , Counsel lor pldintJ f'l Charles Rector , Counsel for Defendant A pre-hedring conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 18th day of August, 2000, at 9:30 a,m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing, Very truly yours, Date of Notice: 4/25/00 E, Robert Elicker, II Divorce Master Matthew J, Eshelman, Attorney for plaintiff, has not filed a pre-trial statement as of the date of this notice. Charles Rector, Attorney for Defendant, filed a pre-trial statement on April 19, 2000, (b) Provide approxlrnill(! (LlL(' \.'Jrli'lI di:;c()v/>r y wi 11 hc> cornpl(!cc and indic"ltl.~ v/llill. rtCt.i()1l i:,i h('inq l.db,t: to conlpleLc dj:~c()v(!rv. i / / " .." , "DATE , ' / / I ~ ..-' "'--~-_-i. COUNSEL FOn PLAINTI n' COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION, AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY, THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, f: , I I: i , ~.~ 0!\~/ot5rj \, KELLY A. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. 98 - 6229 civil Term vs. ROBERT I. CASSEL, Defendant CIVIL ACTION - AT LAW - DIVORCE : PREVIOUSLY ASSIGNED: DM ELICKER , , , , DEFENDANT'S PRE-TRIAL STATEMENT PER Pa. R.C.P. RULE 1920.331bl (1) (i) Marital Assets: See the Inventory submitted by the Plaintiff per Pa.R.C.P. Rule 1920.33(a) and filed as of record for a list of the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon. (1) (ii) Non-Marital Assets: See the Inventory submitted by the Plaintiff per Pa.R.C.P. Rule 1920.33(a) and filed as of record for a list of the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon. (2) Expert Testimonv: All documents which Plaintiff currently intends to offer into evidence have been exchanged with opposing counsel, with the following exceptions: Documents in conjunction with Plaintiff's innocent and injured spouse exemption submitted to the Internal Revenue Service (Attached hereto). plaintiff intends to call no expert witnesses at trial unless demand for the witness' presence is made within seven (7) days of the receipt of any document prepared by such an individual or of this pre-trial statement. '\ . I . , I! (3) Witnesses: Plaintiff intends to call Kelly A. Cassel of 314 South Spring Garden Street, Carlisle, Pennsylvania 17013 to testify regarding the factors set forth in section 3502(a) of the Divorce Code. Plaintiff intends to call Patrick F. Lauer, Sr., or Rita Lauer, parents of the Plaintiff, to testify regarding the factors set forth in section 3502(a) of the Divorce Code, particularly with respect to a loan from the witnesses to the parties. Plaintiff intends to call Patrick F. Lauer, Jr., to testify regarding the factors set forth in section 3502(a) of the Divorce Code, particularly with respect to a loan from the witness to the parties. (4 ) following (A) Blue Exhibits: Defendant reserves the right to enter the exhibits: book values of vehicles of the parties '. (B) Harris Savings monthly statements, DOS and Current (C) Members 1st monthly statements, DOS and Current (D) Statements of value of retirement plans of the parties (E) Consumer Credit Counselling Service repayment plan of parties (F) Summaries and founding documents concerning familial loans (G) HUD I-A and balance sheets from Beneficial consolidation loan (H) Tax returns of the parties (J) Documents in conjunction with Plaintiff's innocent and injured spouse exemption submitted to the Internal Revenue Service (K) Check from UCCI to pay for property tax (L) Checks from 401(k) and paystubs re downpayment on house (M) Receipts for personal property (N) Invoices for repairs to marital residence (5) Statement income. Plaintiff's Income: See Plaintiff's Income and Expense filed as of record for a statement of Defendant's current (6 ) Statement expenses. Plaintiff's Expenses: See Plaintiff's Income and Expense filed as of record for a statement of Defendant's current (7) Pension and Retirement Benefits: Each party contributed to their respective plans over the course of the marriage. However, the total value of the marital portion of each parties' investments as of the date of separation are believed to be de minimis. (8) Attornev's Fees: Neither party has requested an award of attorney's fees or costs. (9) Tanqible Personaltv valuation: See the submitted by the Defendant per Pa.R.C.P. Rule 1920.33(a) as of record for a list of all household furnishings personalty where distribution of such items is disputed. Inventory and filed or other (10) Marital Debts: See the Inventory submitted by the Defendant per Pa.R.C.P. Rule 1920.33(a) and filed as of record for a list of all marital debts, of specific note are the following: (a) Consumer Credit Counsellinq: As of November 1998, the parties had enrolled in a repayment plan for past due marital debts with Consumer Credit Counselling Service, with Plaintiff paying $2,600, representing GE Capital, Commercial Credit, and Member's 1st; and with Defendant paying $2,526, representing Discover and First Tennessee. Each party has been paying toward the marital debt as of the date of this Statement. (b) Beneficial Loan: Shortly before the marriage, on June 26, 1995, the parties entered into a joint consolidation loan with Beneficial for $26,000.00 at 17.05% A.P.R. Some of the pre-marital debts incorporated into this consolidation loan were the individual responsibility of a party, some were joint, as follows: 1501 Husband's student Loan 1502 Husband's Diseover Card 1503 Husband's Wards Card 1504 Kay Jewelers (e-ring) 1505 Husband's AmExpress 1506 Wife's Members 1st Visa 1507 Husband's Student Loan 1508 Husband's Car Loan 1509 Husband's visa 1510 Husband's Visa 1511 Wife's Loan 1511 Husband's Student Loan 1601 Settlement charges 1603 Disbursement to parties Loan Amount H Subtotal W Subtotal J Subtotal 21,887.35 1,651.00 2,461.65 933.00 3293.00 722.00 629.00 1219.00 251.00 1592.00 11257.09 499.37 529.29 1400.00 1213.60 1027.50 1434.15 26000.00 H H H H H W H H H H W H J J The Beneficial Loan is secured by the residence of Husband's parents, and Husband has been making payments on the mortgage. It is Wife's position that the vast majority of these pre-marital debts were the responsibility of Husband, and that the same should be taken into consideration when making an equitable distribution of the marital estate. (c) Internal Revenue Service: Wife met Husband in July of 1994, and the parties were married in October 1995. During their engagement, Wife had some suspicions about Husband's financial situation, but she did not fully understand until after it was too late. She helped out by co-signing the Beneficial Loan menti.oned above. Husband had advised Wife that he could not obtain a loan because he was self-employed, not mentioning that he had very poor credit. The parties were unable to establish any type of a budget because Husband's employment and income was so unpredictable. Despite repeated requests by Wife that he obtain employment with some type of business that would provide him with tax withholding, benefits and security, Husband refused to do so. Wife worked two jobs, each of which had tax withholdings more than suf f icient to cover her share of the taxes. The parties nonetheless fell behind on their taxes. Wife heard about a book on tax amnesty over the radio, and obtained and gave a copy to Husband. Husband instead concealed from Wife correspondence from the IRS, including Notices of Intent to Levy and assessments of interest and penalty. The parties' accountant assisted Husband in preparing an offer in 1 co, fill Oll'f ClOCt< VCIlU NO CH4 6000.15 Ol~ 000013003') 1 Earnings Statement ~ ~ DIIIVEKOIlE INC 36WESr ALLENSr MECHNVICSlJUna P A 11055 f1j'r1ud [nd1nrJ Pay Oak' OJ ;)tJ 7000 o i ')0 7000 ~ocln' Security Numbt., 1911H ,fJ')7'J Tn_nblo Mmlflll ;.Illlu:> ~II\UI" [/l.OmpllOno 'AUOWllnCl':; rcdor,J1 0 Slnlo N'A loenl 0 ROBERT I. CASSEL 5180 E. TRINDLE ROAD 2ND FLOOR MECHANICSBURG,PA 17055 Earnln!!a Regular ralo hour, 800.00 Gross Pay Ihia poriod 800.00 $800.00 yoar to dal. 6,906,00 Olhor Bonallta and Information PIO Balance this period tol.1 to d.t. 13.60 Doductlons Statutory Federal Income Tax -96.01 902.92 Socral Security Tax .48.98 424,14 Medicare Tax -11.45 99.19 PA Slale Income Tax -22.12 191.55 Camp Hill B Income Tax -8.00 69.06 Othor Advance Repay -60.00 180.00 Checking -495.44 Flex Spend Acct .10.00* 65.00 401K -48.00' 125.82 Ee Purchases 15.32 Not Pay $0,00 . Excluded from federal taxablo wages Your federal taxable wages lhis period are $742.00 1 0'11.1' _O~, f1: , . , r . DRIVEKORE INC. 36 WEST ALLEN ST. MECHANICSBURG PA 17055 Advice number: Pay dale:. . ;',t',:'" ~ 00000"30039 03/30/2000 .. ... .- . . _ I . :;: ;: ;~.. I' Jr ;.,' = iii.c:J.uI"u,',:.::I'" ".Ilt u.a.i.It.;r:J.Y IJ ,- "'. , ' ~. .. '.1 '-( ( :' I: l' .:, .:J 0, Deposited to the account of ROBERT I. CASSEL transit ABA 2313 8099 amount ::~ $495.44' .:r) ~~ ,}:' '~. .:; " ., ; ,,:' NON-NEGOTIABLE ~ "; .1 ',., ~.~~'; H~L!J-Ar ;\j'J ;\iW!..:.=.:'ffJ '/1E.'lI;'NHsi\I'!.;H.:(!.;l~lfIlJ"(rJ~r=l'ItTtrfi:,;'s}jlsH'r.~"'. tl 0.:'" 0__ tJN-\O 0: WO- _ ...~C)I li.:J~~~ ~g~~F: U llJ z:;E -liw>-x It 0 ~~il: ot;8~~ ~ llJ 0":0 ~ 0: ;: ~;;,; .J en ~ J: iD w wa..f' .J u. ~ F: 0: .. <(- 0( S!ut: J:- o . .' . , . .,' . . . ' ,," . J' , ' (' ItBLLY CASSEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . VB. . NO. 98 - 6229 CIVIL . ROBERT I. CASSEL, . IN DIVORCE . Defendant : CERTIFICATE OF SERVICE I, Matthew J. Eshelman, Attorney for Plaintiff Kelly Cassel, hereby certify that on this date I served a copy of NOTICE OF DEPOSITION UPON ORAL EXAMINATION on individuals stated below by placing a true and correct copy in the united States Mail, postage prepaid, and addressed as follows: Charles Rector 1104 Fernwood Avenue Camp Hill, PA 17011 Date: / Matthew J. Eshe man, Esquire Law Offices of atrick F. Lauer, Jr. 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 ,!in OFFICE OF DIVORCE MASTER CUMIlEnLAND COLJIHY courn or COMMON PLEAS 9 No~11 H~"ovor Slrool Carlisle, PA 17013 (717) 2~0 [,5:l5 E. Robort Ellckor, II Drvorce Maslor West Shore 697.0371 Ex!. 6535 Traci Jo Colyer OffIce Managor/Roportor March 17, 2000 Matthew J. l~shelman, Esquire LAW OFFICES OF PATI~ICK F. LAUEI~, JR 2108 Market Street, Aztec Building Camp Hill, PA 170 II Charles I~ector, Esquire 1104 I"ernwood Avenue Suite 203 Camp Hill, PA 17011 HE: Kelly Cassel vs. r~obert1. Cassel No. 98 - 6229 Civil In Divorce Dear Mr. Eshelman and Mr. Hector: Both counsel have returned the certification documents, Mr. Rector indicating that discovery is complete, Mr. Eshelman making reference to a debt issue and needing supporting documentation. Also, Mr. Eshelman indicated that he intended to issue a notice of intent to take depositions. Mr. Eshelman's certification document was dated January 17, 2000. I assume by this time that the outstanding discovery issues have been complete; therefore, I am going to proceed with the directive for the filing of pretrial statements. A divorce complaint was filed on November 2, 1998, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, and alimony pendente lite. No claims were made for counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I a.m directing each counsel to file a pretrial statement on or before Friday, April 14, 2000. Upon receipt of the pretrial statements, I will immediately schedule a pre- KELLY ( . /\::: ~ j.: :" I N Till< r:niJi',T oV (:Ui~i.1()~': J>LE/\:; OF Cir,I.I\I':IC,[,t;I, cor It';'I"{, I'I.:NN::YLVAN Ifl I'l dIll! ,I' 'I::. (: ! V I L {'.CT! ON - IJlvi lie. !JH - t,;,',.~(\ (:J'/! L I((JBE1('l' , ,'t,'-<'I:1 ...,.,".1,,"'1 !J(~ I (~[j( i d Ii t IN \)IVO!<':I-: CONFI-:Fu,Nn: vilT!! COUNSEL I\NIJ T!!1e I'A"T I I::S TO: Matthe"l ~J. E~-;!l,-~l!lla!l Ke 11 y Casse I , Coullsel for Plainli ff I l!laintiff Char 1 es Rector Robert I, Cassel , Counsel for Defendant , De f endiHl t A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of August, 2000, at 1:30 p.m" with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims, If issues remain after the conference a hearing will be scheduled at another date, Very truly yours, Date of Notice: August 18, 2000 E. Rubert Elicker, II Divorce Master 1 \ I I , . \ ~ , Ii ~ I ," ! l, r I . , ii i KELLY CASSEL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9B - 6229 CIVIL vs. ROBERT I. CASSEL, Defendant IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT '- ,(! tt)" . / If..' ,,-,c, . ".1 ,-' C ....h... THIS AGREEMENT, made this .~) day of g~p~ember 2000, by and between KELLY CASSEL of Carlisle, Pennsylvania, hereinafter referred to as wife; and ROBERT 1. CASSEL of Mechanicsburg, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on October 14, 1995 in Carlisle, Pennsylvania; and WHEREAS, the parties are both bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since October 15, 199B; and WHEREAS, Husband and Wife desire to settle and determine I lcertain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered I under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to 'writing; and i: ! i WHEREAS, in preparing this Agreement and negotiations " contemporaneously therewith, Wife was represented by Matthew J. Eshelman, Esquire, and Husband was represented by Charles Rector, Esquire, each of whom have given a full explanation of the same to their respective clients; and ! : WHEREAS, there are no dependent children to the marriage; and, Ii I NOW THEREFORE, the parties, in consideration of the mutual i promises set forth hereinafter, and for other good and valuable ,[consideration, intending to be legally bound and to legally bind litheir heirs, successors, assigns, and personal representatives, do !herebY covenant, promise, and agree as follows: I : ARTICLE I - SEPARATION I 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall I respectively deem fit, free from any control, restraint, or II interference, direct or indirect, by each other. Neither party I, shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. I The foregoing provisions shall not be taken to be an admission on I , II I I the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or. otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written executed, and acknowledged in the same manner as this instrument, '1 \ \ Agreement. I, I \ 2. 1 Divorce Action. i d' , J.vorce. ARTICLE II - DIVORCE This Agreement is not predicated on Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce \ action against Husband, and that both parties agree, as a condition \ to this agreement, to execute the necessary divorce consents : required by Section 3301(c) of the Divorce Code, including the ! IWaiver of Notice of Intent to Transmit Divorce Decree, so as to I \promptlY finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. , Should either of the parties obtain a decree, judgment or order of : i separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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 should remarry, it : being understood by and between the parties that this Agreement i ilshall survive and shall not be merged into any decree, judgment or I order of divorce or separation. I I 2.3 Incorporation of Aqreement into Decree. It is II specifically agreed that a copy of this Agreement shall be I incorporated by reference into any divorce, judgment or decree if , I or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any Isuch judgment or decree. i ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY i , 3.1 criteria of Distribution. The parties have attempted to i ,I divide their marital property in a manner which conforms to the I' ,! i i! criteria set forth in Section 3502 of the Pennsylvania Domestic " :! Relations Code, and taking into account the following I! II considerations: the length of the marriage; the prior marriages of I' I' !I the parties; the age, health, station, amount and sources of II income, vocational skills, employability; estate, liabilities, and !i II needs for each of the parties; the contribution of one party to the II education, training or increased earning power to the other party; I, : I the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including I I but not limited to medical, retirement, insurance or other I benefits; the contribution or dissipation of each party in the I acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the ,I property is to become effe~tive; and whether the parties will be I I serving as the custodian of any dependent minor children. I 3.2 Satisfaction of Riahts of Eauitable Distribution. The I division of existing marital property is not intended by the I parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinauishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims I .\ , o' r L l . , . ,: I i I' , . , . I. II II ,I I to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Personalty. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.5 Equitable Distribution PaYment. wife shall pay Husband the total amount of $3,500.00, representing his equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. wife shall pay this amount in lump sum payable within seven (7) days of execution of this Agreement. it is specifically understood by the parties that this amount constitutes a one-time, non-taxable payment from Wife to Husband. 3.6 Propertv to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: Engagement ring, Wedding ring, Chevy S-10 pick-up. The rings referenced herein shall be the identical engagement and i wedding rings and will include the original gems contained therein I I i which were originally purchased by Husband for Wife. i , 3.7 Propertv to Wife. I to e.ny assets that may be acquired by Husband prior to the :: I finalized divorce decree, or as may listed in the preceding I paragraph, in exchange for the following assets to be transferred I to Wife: Saturn automobile, Harris Savings account(s), Members 1st I account(s). II 3 . 8 Retirement. ! I they may have against the retirement of the other. ii II acknowledges that the other spouse may have a retirement plan or II [!account to which the parties may have contributed martial property ,I II over the course of the marriage. Each of the parties acknowledges, II without the necessity of an expert valuation, that retirement II I assets may prove to comprise a substantial percentage of the entire I martial estate. wife agrees to relinquish all claims Each parties specifically waives any claim Each party Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement ! I assets currently in the possession of the other spouse. Each party I I further agrees to execute immediately upon demand any documents as i may be required by the retirement plan administrator of the other I I, I spouse so as to confirm they have waived any claim right or interest thereto. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Dobts. During the course of the marriage, Husband and i :1 Wife have incurred certain bills and obligations and have amassed I a variety of debts. It is hereby agreed, without the necessity of I i ascertaining for what purpose and to whose use each of the bills II were incurred, that, except as otherwise provided herein, both ilparties are equally responsible for all such bills, obligations, ), and debts. Husband and Wife each agree to hold the other free and I I harmless from any and all liability which may arise from any II outstanding bills, obligations, and debts incurred after the date I of separation, and further agree to indemnify and defend the other I from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations lin the name of or against each other. 4.2 Soecific Outstandinq Debts of Husband. Husband agrees to accept sole responsibility for, and to indemnify Wife and hold Wife I free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further lagrees to indemnify and defend Wife from any claim regarding same: IHusband's parents' loan, Beneficial loan, I.R.S. liability, personal tax liabilities, and consumer credit counselling service 1($2,526 I , I representing Discover and First Tennessee). II I: ii 'I II I accept sole responsibility for, and to indemnify Husband and hold I II I I I I I I I , I I 4.3 Specific Outstandinq Debts of wife. wife agrees to Husband free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Husband from any claim regarding same: Loan secured by Saturn, Wife's parents' loan, wife's brother's loan, and consumer credit counselling service ($2,600 representing GE Capital, Commercial Credit, Member's 1st). ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimonv. Pursuant to this Agreement of the parties, each party waives may claim they have alimony, any to support, maintenance, or the like against the other spouse. 5.2 Effect of Bankruptcv. It is expressly understood and agreed that Wife has accepted the provisions of this Agreement relating to alimony and support for and in consideration of Husband's obligation to make the other payments required under this Agreement. In the event that Husband shall file for bankruptcy and seek to discharge the claims of creditors, then and in that event (a) Husband shall send a copy of the Petition for Bankruptcy to Wife; and (b) Husband agrees that failure to fully indemnify Wife for debts allocated to Husband under this Agreement would constitute a substantial and material financial hardship upon Wife and upon her ability to support her dependents. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees uPon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to I I.' I I , comply with the terms of the Agreement herein the breaching party I! shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and i: accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that , I execution of this Agreement is not the result of any duress or I ! undue influence and that is not the result of any collusion or I , improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract I interpretation and for the purpose of resolving any ambiguity I herein, Husband and Wife agree that this Agreement was prepared i jointly by their respective attorneys. Hershey Foods Corp. v. i I General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or iclaims in or against the property (including income and gain from \property hereafter accruing) of the other, or against the estate of I such other, of whatever nature and wheresoever situate, which he or I Ishe now has or at any time hereafter may have against such other, I the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or ' similar allowance, or under the intestate laws, or the right to I take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, I whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the united States, or (c) any I I country. The parties further release any claim to all rights which I either party may have or at any time hereafter have for past, I present, or future support or maintenance, alimony, alimony 'I pendente lite, counsel fees, costs or expenses, whether arising as , I a result of the marital relation or otherwise, except and only !except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and II general release with respect to any and all property of any kind of I nature, real or personal, not mixed, which the other now owns or I may hereafter acquire, except and only except, all rights and lagreements and obligations of whatsoever nature arising or which I may arise under this Agreement or for the breach of any thereof. i Both parties acknowledge that they have been advised that each may I have the right to assert a claim for spousal support, alimony, i . II alJ.mony pendente lite, attorneys fees, costs and/or expenses. iExcept as otherwise provided herein, each party hereby waives any Ilright to such economic claims ancillary to the divorce and accepts II I II I: !' the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warrant ies. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as I may be necessary or desirable for the proper implementation of this I, I 1\ I, " ,Agreement, and aB their respective counsel shall mutually agree should be sO executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Gov~,~_ninq Law. This Agreement shall be construed in !i accordance with the laws of the Commonwealth of Pennsylvania which i . , I are in effect as of the execution date of this Agreement. , I i 6.9 Bindinq. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Aqreement. This Agreement constitutes the entire i understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of ! I ? 1/' , I ~ .'j I- I'd i I , , this Agreement and that this agreement was entcrcd into in reliance upon that disclosure. 6.13 Enforceabilitv and Conuidcration. This Agreement shall survive any action for divorce and decI'cc of divorcc and shall i' " forever be binding and conclusive on thc parties, and any independent action may be brought, either at law or in equity, to I I enforce the terms of the Agreement by either Husband or Wife until , ,\ II it shall have been fully satisfied and performed. I, I: consideration for this contract and agreement is the mutual ,I II benefits to be obtained by both of the parties hereto and the II . I covenants and agreements of each of the partJ.es to the other. The II II adequacy of the consideration for all agreements herein contained I and stipulated, confessed and admitted by the parties, and the I parties intend to be legally bound hereby. The In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the II Agreement, the breaching party shall be responsible for any and all I attorney's fees as well as costs and expenses associated with I '[litigation incurred by the non-breaching party to enforce this IAgreement against the breaching party. IN wITNESS WHEREOF, the parties hereto have set their hands and seals I WITNESSED II ' I the day and year written. BY: ~ ) ....~/OJ()". ~/-7 / A:c ,I c~ ROBERT I. CASSEL, HUSBAND 1/- , \'!/ ! //'111_. li . / ;;'7 '.' //(IUC{- . , iii.. '. ! ' ., , , I /-\ 1\1 . !' , I . ,. ~ Q r.L ::,'1 0- l.-. f~ : ---J ~ .....g .. d:l. r<) .,. \) -.... 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