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Home My WebLink About00-05809 ~~ . . . ~ . . . . . ~ IN THE COURT OF COMMON PLEAS ~ . . . ~ ~ . . ~ ~ OFCUMBERLANDCOUNTY STEPHANIE S. LOVE PENNA. STATE OF . . . No. 00-5809 CIVLL TERM . ~ . ~ VERSUS . ALAN E. LOVE . . . . ~ ~ . . . . . DECREE IN DIVORCE ~ . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t:l "<S" > t 3\ 2005 AND NOW, , IT IS ORDERED AND STEPHANIE S. LOVE DECREED THAT PLAI NTI FF, ALAN E. LOVE AND , 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; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement made and entered into by the parties on August 4, 2005 are incorporated into this Decree by reference thereto, but not merged into this Decree. t.:. . . . . . . . . . . . .. . . . . . . ATTEST . . . . . . . . PROTHONOTARY .. Of. :f.:f. 'to . . . IIWj ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . .' ,,""'~'~ ~.~~, ~"'~-"" , ~ ~- ~~ ~"rlm.l~ 0~ " -r -'-1l\;, " , , ,I, STEPHANIE S. LOVE IN THE COURT OF COMMON PLEAS / VS. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALAN E. LOVE NO. 00-5809 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 93301 (c) ~~lllmIIaOn (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service on May 11, 2001 3. Complete either paragraph (a) or (b)~ (a) Date of execution ofthe affidavit of consent required by 93301 (c) of the Divorce Code: t by plaintiff ' 8/8/05 ; by defendant (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's a~idavit upon the respondent: 8/4/05 4, Related claims pending: None. 5. Complete either (a) ,or (b). (a:) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: " (b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: 'August 29, 2005 (mail.,rlt:o Pro!"" nn p./?h/ns) Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary:, August 29, 2005 (mailed to Proth on 8/26/05) . k", ;(~:~_ /' ' Atlom;y for~' I Defendant' ~~JU.lliil;~,!L~{,_.ld";_,,,,,,U,L.,,,;,,__';,ii'"'''''1td~'1'i'tS0~'''!1IO'1i;f"~jJ_""'-~j(c;G-;;f,shci""~'''h'''<I,''''7,,,,\-;'ill$;i'k;:';'1l>\~lliuil_~1iDfl!:iIiml"':""-l)lll\ithl',;I~~~r""':'-"'-"'~il!it'~' j i: 'I .lj ,I , il 'I I, II II I' II Ii \i I' , , , , i I I " 1 I ;! C) "" = 0 ~: = " en ~~~ )::11I< -1 -r iT) ~ rilll '? G:l r " -om c~, N ~[JO 1--:: v::J ()6 ~> -u ::.r!,. ('~::.r.J ?,:' C, ::-::; ~jo > ZrrJ L": ry 0 _,0 ~ ,-<. :.0 -J .< ~~~ " _';, 'i _ - c- '. ' .ci __ ~___ "-"0" '- "" <." '., , STEPHANIE S. LOVE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, ALAN E. LOVE, NO.;JCXl:) - 5r-09 t. {~II Defendant : IN DIVORCE 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 action. 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 for any other claim or relief requested in these papers 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 divorce is indignities or 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, PA 17013. 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 (800) 990-9108 I Sf O/Pj-~9 By ~ Delano M. Lantz 1.0. #21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 _'"M' - ,-'-,; - >"',, ,-^-~". , '~. - - ~--~-. -, '-~, ,. STEPHANIE S. LOVE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ALAN E. LOVE, NO. Defendant : IN DIVORCE COMPLAINT COUNT I Divorce Under 3301 (c) or 3301(dl of the Divorce Code 1. Plaintiff is Stephanie S. Love who currently resides at 723 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Alan E. Love who currently resides at 723 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married onJuly 10, 1993, at Baltimore, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. .-"" <,.. ., ,0 ~,~' ",,__, ..,-- - _-_ ~. c,',~"- ",..,', . " ~- '''- , . 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling, Plaintiff hereby waives her right to such counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301 (c) or (d) of the Divorce Code. COUNT II Divorce Under 3301 (a)(6) of the Divorce Code 9, Plaintiff, the innocent and injured spouse, avers that Defendant has committed indignities to the person of Plaintiff so as to make her condition intolerable and her life burdensome. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. COUNT III Equitable Distribution 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. 11. Plaintiff and Defendant have not agreed to an equitable distribution of this property . -2- ",,- ^,,',,- -",c ""~- "~- ~",--- ,-- ,,-- ~','"'~ "".'"-.- ".-,.- -" 12. Plaintiff requests the Court to equitably distribute all the property. WHEREFORE, Plaintiff requests the Court to enter an Order equitably dividing all of the marital property. COUNT IV Alimony 13. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to fully support herself through appropriate employment. 14, Plaintiff requests the Court to determine and to allow her alimony pursuant to Section 501 of the Divorce Code of 1980. WHEREFORE, Plaintiff requests the Court to enter an Order providing alimony for Plaintiff. COUNT V Counsel Fees and Exoenses 15. Plaintiff lacks sufficient funds to meet the costs and expenses of this divorce action, including the necessary attorneys' fees. 16. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by this action, such costs to be paid by Defendant. WHEREFORE, Plaintiff requests the Court to award counsel fees, costs and expenses to Plaintiff. -3- ",. - ~ '.' ',~,,' ,'.'--" ,-,~- ~, ""',, :. ;"n- " "c, .-;__.' '_ " '"",' _~_~,_ ~ .' COUNT VI Alimony Pendente Lite. Support. Counsel Fees and Expenses 17. Plaintiff lacks sufficient funds to support herself and to meet the costs and expenses of this divorce action, including the necessary attorneys' fees and is unable to appropriately maintain herself during this action. 18. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by her in this action, such costs to be paid by Defendant. 19. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests the Court to award alimony pendente lite, support, counsel fees, costs and expenses to Plaintiff. COUNT VII Insurance Protection 20. Defendant has acquired existing policies of life insurance and/or is covered under life insurance policies provided through his employer during the marriage over which Defendant has effective control. 21. Plaintiff and/or the child of the parties, Montana Love, born December 30,1999, either are or were the beneficiaries of said policies, over which Defendant has exclusive control. -4- "" _"l""," I , '" __ . __ 'c , _, ~ ",-., - ~,'-- """ ,,-, ,'v ,,-,,; ;" ,'. ': --.:. J;fi .' 22. Plaintiff requests the Court to require Defendant to maintain the existing policies in full force and effect with Plaintiff as the beneficiary of said policies. WHEREFORE, Plaintiff requests the Court to compel the continued maintenance of the life insurance policies with Plaintiff designated as the beneficiary. By Delano M. Lan' I. D. #21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: August 18, 2000 -5- -"'.... - ,~ ,..-, -,"'c_" ",_,__ -'-".'-';'-'., - ~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. MppMLU :4,- tav~ Stephanie S. Love Dated: August 18, 2000 ,,~ ~_.__H" ., .' '''''''"''''..........JiillIiINlrbli -" -. , '. '", w, "--.~- ..- '~~ " "'illll w> ,_ , ". _~ . ~""." " ~"~~ --.--, ----- . , . ~ ,- Iiiil ,,. " "i= 0 (:J C C:r :50;" ~ u'(.1.:: c::: (> ~ ~~I: (0 ~ ", f'-' T'C \l..) <J; ~ ~~. c..~' \t: VI - . " <J-/ !<: ....; "0 ~ <", " ~(~; :::.r.: - I:> <a ;J 0 ~2~ r:? '->.) ~ ~ . I:> "'7 :;1 ~ ~ ~ r.,,) .J.:) l)(! 'l:> -<-! Tj }-~ " ~ ,. " '" ~ "'t- n ~ '. ',I'i \~~ ~ ~;~ '~;~ :u -< rf! f'0Y-J!f- ~'~ ~ I B ~ ~ , ~, ,,~ '~V"'.' i . ~'o_ - "_,_". _ ' _;; ,;-_".1:"-''",__. >"~' J' STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5809 CIVIL ALAN E. LOVE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ,I 7_ "1ft day of Au J'1t <..-r the proceedings having been 2005, the economic claims raised in resolved in accordance with a marital settlement agreement dated August 4, 2005, 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, Geo cc: y60nald T. Kissinger Attorney for Plaintiff y{andra L. Meilton Attorney for Defendant L-cP 01,\J ~<,- ---_:,_l i..ti\~1 ~'" ~ '"' , c~w..,_ .,_~~~""~_~_,, .__'_ 'Ji~l~ll{-r-~ "- ',,,-,;~,,,~,, ,'~-:.> i,~,'-;'-;',,-...~-: 'ill" '~f'~~''''~ ,..........., ... ,..' .. . " I (\1\1(.1~1r-\ \..,\\\1.\,,\ 11\'::1 ~,I :.::;~'~'flj()>'""1 ,"""'i\ .,:.,)' ~t'i'".',;> II IV '1"1"". ..... (\..Li\~ 1\.."-. CO :2 Hd "2 \ :J\W ~uOZ ..' ""in"d 3Hl:lO I 'ti'''1 ONuri~vC: ""1 J .\ v_ 3Cll.J:lO-G:11:J ~- ,-, --'"' H~ "."" '", ,,- ,'"-,1__,''''_' _v__ ",,'.~ ,"' ".Ih,_Oli"""" '.~. - ......,". ~." ~~ili " 'l1-~MJ.' .~ MUUUTALSETTLEMENTAGREEMENT .#\ THIS AGREEMENT, made this L day of Ih IiMsl- ,2005, by and between f ALAN E. LOVE, hereinafter referred to as "Husband", and STEPHANIE S. LOVE, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 1 0, 1993; and WHEREAS, one child was born of this marriage, namely, Montana E. Love, born December 30, 1999; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and , WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Sandra L. Meilton, and Wife by her attorney, Donald T. Kissinger, have come to the following agreement. 1 .",,_.._-~ , "--" t, NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may have from time to time choose or deem fit. Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence and new phone number within twenty-four (24) hours of the date of any such change. Neither Husband nor Wife shall alienate nor attempt to alienate the affections of the children from the other party. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 2 .,,' ~ ~~~ , (,-, ......... ~-, -.l. -"o"'--~"" , , 2. PERSONAL RIGHTS. Each party shall be free from interference, authority and contact by the other, as fully as ifhe 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 nor attempt to endeavor to molest the other, nor in any way interfere with the peaceful existence, separate apart from the other in all respects as ifhe or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on August 25, 2000, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on August 25, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3 .~~-' -.'~ ~~ ," '0- ~il!" , " From the date of execution ofthis Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Loans against the Northwestern Mutual Life Insurance Company Policy insuring Husband's life. Promissory Notes to Husband's parents. Monthly payment to the U.S. Bankruptcy Trustee Husband agrees to pay the outstanding joint debts in accordance with their terms and further agrees to indemnify and save Wife harmless from any and all claims and demands made against her by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Oivorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and 4 " - " ~. - ~. , ~ ~iI!!lt from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. ~3302. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. ~3501 et. seq., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earillng power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property set apart to each party; the standard ofliving ofthe parties established during the marriage; and the economic circumstances of each party at the time of the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way asale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital pr?perty. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 5 -",_i.1",",~' ~~ , ~'''=f A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereto be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the affect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have decided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. PropertY shall be deemed personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time ofthe signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. 6 ."" I:....oOi ~ ." From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. PENSION AND RETIREMENT BENEFITS. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401 (K) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Specifically, the parties acknowledge and agree that Wife shall remain the sole and exclusive owner of her Verizon 401 (K) plan free and clear of any right, title, claim and/or interest of Husband and that Husband shall retain as his sole and separate property his retirement plan with Tri- Tech Resources, Inc. free and clear of any right, title, claim and/or interest of Wife. 7 ,j;,=. ~ ~~. ~~'^"',,-; C. FINANCIAL ACCOUNTS: The parties agree that any and all financial accounts in existence as of the date of separation of the parties have been distributed between the parties by mutual ~greement. Accordingly, any financial accounts shall remain the sole and separate property of the party to whom the bank account is titled as of the date of execution of this Agreement, free and clear of any right, title, claim and/or interest of the other. D. MISCELLANEOUS: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. E. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 8 I,_""~~M_ - "",, ~"l..... "~'ilt~ F. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. G. LIABILITY NOT USTED: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnity and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. H. INDEMNIFICATION OF WIFE: If any claim, action or proceeding is hereafter initiated seeking to hold Wife for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well- founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 9 ':'}~~~~ '"" - '_" "lll'f I. INDEMNIFICATION OF HUSBAND: If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attomey's fees incurred by Husband in connection therewith.. J. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debts, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach thereof. 10 ,-,,' - -.. 8. LIFE INSURANCE: Husband and Wife both agree to continue to maintain in full force and effect insurance policies on his or her life in the amount of $200,000.00 subject to the following conditions: ( a) Each shall maintain the insurance in full force and effect, assuring that all premiums due thereon are paid in accordance with the terms of the policy and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value. Each party shall cause duplicate premium notices and notice of any premium default to be sent to the other. If either party fails to make a premium payment, and the other party pays the premium to avoid cancellation, the party who failed to make the premium payment shall indemnify the other party and reimburse him or her in the amount ofthe premium payment no later than ten (10) days after notice of payment is sent; (b) Each shall immediately establish a Trust in the amount of .......'-, $200,000.00 for Montana's benefit; (c) Each shall keep the policy and Trust in place until Montana turns 23 years of age; (d) To assure that the $200,000.00 is available to meet Montana's needs in the event of the death of either party, each party agrees to create a Trust and to direct that the $200,000.00 death benefit shall be paid to the Trust to be administered and used for Montana's needs. Within thirty (30) days after the date of execution of this Agreement, each 11 :.~....- . .~~ u'~: party shall deliver to the other or to his or her attorney, satisfactory proof that the Trust is in place and that the beneficiary designation on the insurance policy specifies the Trust as the beneficiary. 9. CUSTODY: The custody of the parties' minor child, Montana, is currently governed by an Order entered in. Cumberland County (No. 01-765). The parties agree that they shall contemporaneously herewith execute a Stipulation for Entry of Custody Order which shall be immediately forwarded to the Court for entry as an Order. Husband agrees that jurisdiction over the custody matter shall be transferred to Maryland and Husband is willing to have Montana continue to attend the Jewish Community Center for the 2005-2006 academic year (through Kindergarten) provided the following conditions are met: (a) Commencing with the 2006-2007 academic year, Montana shall either be enrolled in a public school or a private school; (b) If Wife seeks to place the child in private school, then Husband will have the absolute right to visit the school in advance of any decisions being made and will have the right to approve the school prior to her being enrolled. The parties will then make an appropriate decision pursuant to applicable legal criteria as to the private school selected; and (c) If Wife makes a determination to use a private school, then she shall be solely responsible for the expense incident to the private schooling. Each party shall provide the other with notice of all of Montana's extracurricular activities, school and otherwise; within twenty-four (24) hours of learning of such events. In 12 --,,-,~,~, ~ ~-~ " .~"~~, addition, Wife shall provide Husband with copies of Montana's school work and correspondence between the school and parents within one week from receipt of same. After Montana changes schools at the end of the 2005-2006 school year, Husband shall be responsible for attempting to establish direct release of information from the school itself. If school policy prevents such direct release and/or communication, then Wife shall continue to provide copies of Montana's . . school work and con-espondence between the school and parents. The parties agree that each shall refrain from discussing proposed changes to the custodial schedule and/or any other matters relative to the health or well being of the child during custodial exchanges. When either parent takes the child on vacation or away from his/her residence for periods exceeding forty-eight (48) hours, the parent in custody shall provide to the other parent flight information, hotel name and address and any other pertinent information no later than one (1) week prior to the scheduled departure. The pmiies shall promptly commence co-parenting counseling with Janet Bliss with the costs of such counseling to be equally divided. 10. SUPPORT: The pmiies agree that the support shall be as calculated through and governed by the Domestic Relations Office in Cumberland Connty under docket number 00690 S 2000; PACSESNo. 689102517. Wife shall be solely responsible for the tuition payment for the Jewish Community Center kindergarten program for the 2005-2006 school year. The cost of daycare wrap around services and sununer daycare shall be shared pro rata on the percentages set forth in 13 ..]~->= . - ~". the Domestic Relations Order, i.e., 64% to be paid by Husband and 36% to be paid by Wife, or any subsequent modification thereof. The parties agree that the support provisions may be enforced by an action in accordance with the Rules of Civil Procedure governing actions for support. Husband's obligation to pay spousal support ends with the signing of this Agreement. Any spousal support payments made to Wife after that time shall be refunded to Husband. Notwithstanding the foregoing, any spousal support arrears due and owing at the date of execution of this Agreement shall not be waived, and the parties agree that Husband shall payoff any arrears in a monthly amount to be determined either by agreement of the parties or by the court. 11. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further volnntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 14 ......._~ . ,~.. _...~--~" ,- ~" ) 12. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband aild Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may have now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. INCOME TAX PRIOR RETURNS: The parties filed joint federal and state tax returns through 1999. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed for any joint filing years, or any assessment of any such tax is made against either of them, each will indenmify 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 and expense shall be paid solely and entirely by the individual who is fmally 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 jointreturns. 14. WAIVERS OF CLAIMS AGAINST ESTATES: 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 may now have or hereafter acquire, under the present or future laws of relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will ofthe other, and right to act as administrator or executor 15 ." " ~,.J~ .~ ~'"'~ < L' of the other's estate. Each 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. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. g3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16 "Ii!' - ~ ~. ~I ~ ,- " 17. THIRD PARTY BENEFICIARIES: . Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 17 "'o.'~~ L.', ~,~ ~ ,- !it 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 21. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. ~3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this AgJeenient. 18 ", -~~ 'l'si ;<~~; 22. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the 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, the 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 payme~t of connsel 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 aspects remain in full force and effect. 23. MODIFICATION AND W AlVER: 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 Agreemento , shall not be construed as a waiver of any subsequent default of the same or similar nature. 19 .;!l~'~"" ~ ~. ~ " "P'<- 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. APPLICABLE LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 28. CONSTRUCTION: ". '. y party I J , in part. No provisions of this Agreement shall be interprete because that party or that party's representative drafted this Agr ment IN WITNESS WHEREOF, the parties hereto have set heir h als the day d year first above written. AI ~. 2f:J.rtuire '})IWI",-- s:. Jj. ~ f /1 V ~~ 20 ,_~L p..~ ~." --. ''''''''1 STATE OF PENNSYLVANIA COUNTYOF~, ~h\'n ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared STEPHANIE S. LOVE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~day of \.._i~ ,2005. k otary P lic in and for State of Pennsylvania Typed or printed name of Notary: (~~iV l. r:n+c My commission expires: TIl 01' PEIIlISYLVANIA IlDTAI!IAlSfAI. CINGBI L 801fIZ. NIlI'ARI'fUlIllC Cl1Y Of lIARIlJSBURG, DAUPHIIlCOUIIIY MY COMMISStON NIIlfS MAY 17, 2008 21 -, ,,~"~- ~, ~~ ~ - - ~ .~ ' ........~~ .-'.)1 COMMONWEALTH OF PENNSYLV ANlA ) ) COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared ALAN E. LOVE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GWEN UNDER MY HAND AND SEAL OF OFFICE this c.; 0 day of (}-C~5 0$ f (j ,2005. ~/~t( Jl;.~ Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: G JPfLJ PI 111 j 7Z /u- My commission expires: NCi\1ARW.... ., GLORtAM..' No\!IlIV Pul:lIIO cnvOF llARRISIuRG. DMlPHIN ~ My c:ommlsllOn ExplIeI New G. -, 22 ,-~~~ " ..-- ~.. - ", - ~j;to'.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE S. LOVE, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-5809 ALAN E. LOVE, Defendant CNIL ACTION - LAW IN DNORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on August 18,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: c; ~h~ ~. roW.- Stephanie S. Love, Plaintiff :' ~!lM.',.N,lrt~,,;',iili!,*jjol~.:ii~:M;~,-- :;iJ,!ot~C) ~",';',,;j.'kt,",v.,;j)i5@,bf,'W.t?,~,ti,"_~j;!#k~Hit~~~mJ!!JiWi~,}jj;;j,ll\!~,f.M1li!i,,,,,~~,,lli,,lli'--'4....mK"_Re;$.,_\:.'6l~~~11lll!l[l ,~ ..,.II ~ ~"''''''~'~"N''.~ ",.~.^",_,,"_~___,_., .",_ .,~ ... . ,- >~,,, ~' b, lll-dli!l1~XL~~L{~ Q N 0 = = ..., ~5;; <.n .-l ...,..\ ('1,-' ~ =fill \:,,~J c:: , - .. G") r- oo- -om --. , N _00- v co 1.0 )~ L -,-" ~ ::-;~~ r": ,- II ~j; -0 -.-.,., 0-- Z :1;: -,,,0 c::. Om ~ ~; ~ ~ ..::::-:' .-J ~ -< --J . ,,'<:,_,,' ",;:-",'>_' > ''-''''0,"''''''- , . ~ .~ < . . . i.,{i STEPHANIE S. LOVE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ALAN E. LOVE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 23, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, divisi of property, lawyer's 5. I verify that the statements made in this I avit re'true and cor ect. I understand \ fees or expenses if I do not claim them before a divorce is granted. that false statements herein are made subject to the unsworn falsification to authorities. ""-. i j Date: 8/4/05 Alan . I \ \ "_<'i'_,;';' i"'''7""""",,,,~,J -J -,,', ,'-,--;' " - "-"" - _.' , ~.~"'~--'j,;,-,--- 1,11 .f:iIifi~iil!lii_IJi~_~ri ~ -~)- ,,~,~ , - " ~ .,. _, '~", r ,,^_,",\ ''",'" lIiD:llltiU^ ~ ,,,", "". . . ,,~ " ~ "'" 0 ....' 0 = ~ = "11 cf> "'" :;:l-n c::: c.-' rnp -om 1') -nO u:> t.... \ ':::'lC~ -0 :-c=ii 3".: OC;i c: Zm c r:-? ~ ".;-r '" ,- -' ?? ~ -, -I '..- . " ..~ ., .' '. ."....."", i I'.: I , I Ii ! Ii ~ ~ 1 ,"I,' , ,_:-;_1'"_'" .~ " ,c", ,'_. ~"_" , ',-..':_" c ',; STEPHANIE S. LOVE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5809 CIVIL TERM ALAN E. LOVE, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. Date: 8/4/05 ing to I verify that the statements made in this affidavit are tr false statements herein are made subject to the penalties of 18 Pa.C.' unsworn falsification to authorities. 80162.1 ~'O"l-jfc'...w, \~ i '~_~ti-'-n- Ui'i.iJii~;_ituii-'l:"'~ " ,.ti tll1-tar~__.Ili.-'[f' ~'f~-""" , > ",,,~1"- c,' ,,'~. 'C- ",_" ~. ... ~tr..; ,~" ~,-', - -~.i'"",-",2';;':",> '~>" __~,,_e- \:\:;.;: ~/-- C>\,,, "~~ " .-~~,,'. " ,-. S;" o ~~ .-' ~ """ ~ C' N ..v -[,-,"-' ~~~: ~ ..""."~";!I 'i j:1 ~i II r:: ~ii q, Iii ~, III j.'.I' P, 11 ; , q. ~-r" rn r:: -.1m .~.C( .^' 00 -:3,-\1 :c: -r, (-)--= z:.~ g ~ -<J - -"'" T';? - -' . ~ '"" ~ ~~' ~.--i, . - ~ . STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-5809 CIVIL CIVIL ACTION - LAW ALAN E. LOVE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, attorney for the Defendant in the above-captioned matter, hereby certify that I accept service of the Complaint in Divorce filed in the above captioned matter on August 23, 2000, and reinstated March 29, 2001. s~~~e TUCKER, ARENS BURG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Y-Lt-61 Date Received Sworn and Subscribed to before me this ~ day of ~ .2001. (~t6 My Commission Expires: Notarial Seal . Pauline Patti Thomas, Notary Public Harrisburg, Dauphin County My Commission Expires Mar. 24, 2003 M&mb&f, PeMsylvanla Association at Notanes ----- STEPHANIE S. LOVE vs. ALAN E. LOVE ....'~......,- ~ -" " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW N060 _ 5809 IN DIVORCE CIVIL 19 Defendant STATUS SHEET DATE: ACTIVITIES: /hJfh rWilv- V\\r ~ Id I tJ ..;- - ,-" '_~'..~__,-,-, '"~ ',-- 0 """,;.- STEPHANIE S. LOVE, Plaintiff vs. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 5809 CIVIL ALAN E. LOVE, Defendant IN DIVORCE TO: Donald T. Kissinger , Attorney for Plaintiff Sandra L. Meilton , Attorney for Defendant DATE: Tuesday, January 25, 2005 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master 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 -';0-'" ~~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF 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. ,--.-, -,- ,,-,-~.;, ~- \;- '~"", ;;';''''~''_'''---';'; ~'o/_ " - -~ "-"-<~-- ~'. ",~,";,,'j"'" ~ ''';''''_<~~-.''_ ',-."><'- 'w ,'''. ,.- C"_'.'~'_:: ~'": TUCKERIARE~9~f)~~ SANDRA L. MEILTON August8,2005 E. Robert Elicker II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Love v. Love Dear Mr. Elicker: Enclosed herewith are two copies of the parties' signed Marital Settlement Agreement. Please proceed to have your appointment as Master revoked. Thank you. Sincerely, :::;;i ARENSBERG, P.C. Sandra ~j? SLM:gmr Enclosures cc: Donald T. Kissinger, Esquire Mr. Alan Love 80425.1 Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p.717.234.4121 f.717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f. 412.594.5619 .~"~~.~._~~~ - ,. _ ,--~'" ~ '_"'n'",,"'" ,,,"c,_,~ '-"'-';"'._'.'"" "i>',.'.' '"-,.,-,,,- , -':_"-";,;---~;,:';~~-'. '- - "'~, TUCKERIARE~9~~~~ SANDRA L. MEILTON SMEILTON@TUCKERLAW.COM June 9, 2005 E. Robert Elicker II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Love v. Love Dear Mr. Elicker: Defendant requests that a pretrial conference be scheduled in the above matter to move this matter forward and discuss the outstanding discovery. Thank you. Sincerely, TUCKER ARENSBERG, P.C. ~f1~/? SLM:gmr cc: Donald Kissinger, Esquire Mr. Alan Love (via email) 78667.1 Tucker Arensberg, p.e. 111 N. Front Stree. P.O. Box 889 Harrisburg, PA 17108 p.717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f. 412.594.5619 _ "~ ~, ~,'_, 0 ,'^ .-"-~"- "-"- -'"'C;,,_ .~., '--;"---' ~".,,-- ~,<:...,,"'., ',-",,"~"-' TUCKERIAREl\{9~~~~ SANDRA L. MEILTON SMEILTON@TUCKERLAW.COM February 3, 2005 E. Robert Elicker II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Love v. Love Dear Mr. Elicker: Enclosed herewith is Defendant's Certification regarding discovery. Thank you. Sincerely, . TUC/ ARENSBERG, P.C. ~~ 0--- Sand;~ ~~t~n SLM:gmr Enclosure cc: Donald Kissinger, Esquire Mr. Alan Love (with enclosure to each) 75445.1 Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p.717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 >i.' ........- ",'- ,,'_ ',~<.." ;. ^ - <='.'1', ," <' C,('_ , , STEPHANIE S. LOVE, Plaintiff JANfLt ~~90a/ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5809 CIVIL ALAN E. LOVE, Defendant IN DIVORCE TO: Donald T. Kissinger , Attorney for Plaintiff Sandra L. Meilton , Attorney for Defendant DATE: Tuesday, January 25, 2005 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master 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. On December 9, 2003, Defendant served Plaintiff with Interrogatories and a Request for Production of Documents. The Interrogatories were answered on February 25, 2004. However, the Request for Production of Documents has not been answered. - .JIII, 1Il " " ,;, '"".-.' ">. 'oil.;- ~~.- . ,~--",-- ",- (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. By letter hand delivered on February 1, 2005, Defendant's counsel wrote to Plaintiff's counsel requesting answer to the Request for Production of Documents within ten days or a Motion to Compel Discovery would be filed with the Court. NOTE: 2/1/05 DATE ~~ "COUNSEL FOR PLA NTIFF ( ) COUNSEL FOR DEFENDANT (X') 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. , - ~ ~ ~ ~ ,--., --- .-,~~'~ '" . -";[; IN THE 'COURT OF CO~ON PLEAS OF ~ERLAND _COU'].iTY, . PENNSYLVANIA - <?7 STEPHANIE S. LOVE JAN 1 2 zooy : Plaintiff vs. ALAN E. LOVE : NO. 2000 - 5809 CIVI~9 Alan E. Love a master with respect to the (x) Divorce ( ) Annulment ( X) Alimony (X ) Alimony Pendente Lite MOTION FOR APPOINTMENT OF MASTER (ji~1fl') (Defendant), following claims: moves the court to appoint (x) ( ) (X) (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(s) .for which the appointment of a master is requested. (2) The defendant (has) (~~t) appeared in the action (~~) (by his attorney, Sandra L. Mei1ton ,Esquire). (3) The staturory ground(s) for divorce (is) (are) Section 3301(c) and Section 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. ~~K~~mxm:i:bB: ~~ijlX E . t b1 L. c) tThe action is1contested rith respect tOtth~ itollowing 1 cla:un' s'. qu~ a. e pJ:s r:rDU1::~on, a ~mony, a ~mony penden e l.~ e, counse fp.~~ ;qnrl r"n~rR (5) The action Jt~ (does not involve) complex issues of law or fact. . (6) (7) The hearing is expected to take one day (tm1[~J(~ . Additional information, if any. relevant to the motion: ~ 4ttorney for ~ (Defendant) Date: 1/6/05 AND NOW is appointed ma ORDER APPOINTING MASTER. /" / // I ,~~ E.~~ espect to the following claims: i //f. . Esquire, A~, By P J ",',""", ,.,l.=,.,..", -~ - IUitlU,Jn'ilop.J:~~i!J>"""<i&\b~' ',khi':~~&.,:N~,i'M",'.&J!,i;--",,,"--',-""~b,,,,,,";~~,-,;,,,,-,,,~_~J:liEij' .. Vir.! .;,::'\T\S\'.!I'{::!d 'i'I'.',,'-,. "''''''r" I\, 1\;,\,. ,'" ;':':--,1,'\11;,,; ~ ~ : 111{g fJ I Nvr 90UZ AHV10N:.'j;-,-LLUUd 31-11 :10 j~;~,:]~C-G~nlj ILl ,;;1<",\ '\'<<. ,,_'" -""'~''''', , '" _'''''''''''''<'''''~_;;",~.l~k"w.~", '..",. ...~""'","__~,, ~ _ .==, ..^ ,""""~'" ,.,',',",' "'~iiii>jf-' ",,- -.,"-,,"'. " ''''-.-,^"-..".'~'' "" ...,-'~~' - 0 ...." = ~ c = "" "" ri~i-f: c... --I """ ::c -; nlll .', Z ;~.:,:~'- .--' I -orn ~?ct> -' :00 .---.::::::.:::; Q6 ~<t..".' ~E! " I~'t'i 6:D - --C') ~ ~rn '''; ..,.-:.:. s;! -c w :0 en -<: '~__", ,<_'t~"g_ ., :1 lJ fi [I II i :1 . .." ~--, Il ~:cc r ... ~ ~ .. , STEPHANIE LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-5809 ALAN LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw the appearance of Delano M. Lantz, Esquire, Dated: -s/Is/ol '" I t lano M. Lantz, Esq lre 100 Pine Street Harrisburg, PA 17101 (717) 237-5348 as attorney for the Please enter the appearance of Lori K. Serratelli, Esquire as attorney for the Plaintiff in the above-captioned matter. Dated: 3j; 6/<>1 Lo . K. Serratelli, Esquire SE RATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 " "'~ ~~ STEPHANIE LOVE, Plaintiff VB. ALAN LOVE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PE~SYL~Ii\: ~. ~ -0 c: :p~ NO. 00-5809 q:JC1' ~::J CIVIL ACTION - LAW t;~~. ~2 ~cj ~: >.-, :st-: N.. )-, C:: ~:..' -<. (Ji "' .~, ~""'"'" ~ - .. IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT Please reinstate the Complaint in the above-captioned matter. Respectfully submitted, ~ ~. .. . Serratelli, Esquire S RATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff __ill.,,~ '::::/1 ~~ "", "".0 '"< - ~. "".~'- STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM v. ALAN E. LOVE, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Defendant's Answers to the discovery was hand delivered to Plaintiffs counsel's office on December :24, 2003. 10. Defendant's Answers to the discovery was hand delivered to Plaintiffs counsel's office on December :24, 2003. WHEREFORE, Respondent requests that no Order be issued inasmuch as Answers have been provided to Plaintiffs counsel. TUCKER ARENSBERG. P.C. BY: 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 Date: I - f/- Df ATTORNEYS FOR ALAN E. LOVE ~~~~ .~ , ~ -~'"'''.~ ~~ - -, COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, who, being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this Affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Answer to Motion to Compel Discovery are true and correct to the best of her knowledge, information and belief L~~ Sandra L. Meilton Sworn to and subscribed before me this 'l,L-J-, day of January, 2004. ~L/1?,~ Notary Public (SEAL) NOTAIlW. SIN. GI.OlIIA M. IlINE NolaIy PublIC CllV Of 114.Jl1l111JRG. DAIlPHIN COUNIY MyCOmmlSllon fxpIreI Nov 5. 2007 ,,-'-"~~" ........... - .h ,',~~"'" CERTIFICATE OF SERVICE ;A~ AND NOW, this Iv day of January, 2004, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald T Kissinger, Esquire P.O. Box 810 Harrisburg, PA 17108 ~/id:~ /11, L Gloria M. Rine 65226.1 i.,';"-"""00:00w ~~~~~WIli~W;i;t?"~!1iJil,',;'o",W~"i~~"~",;;"""-,iZ,,,-~i!i'<Jl\t!:wllI~l:"." b~-" ~ . ^-, " '"~IIl~!''M!ti*' 1-- __, ~,,,~ _e._ ,. ---'..ir 0 ,.., 0 c.::) ~: = -n J..- <.- ..... -0 , ::r:~ iT: ~; n1F .,;, ~- ~rn 7' . -59 ~0 ['.) o(:J , .~ :e=n ,~:::: -v 0- , ~, ~70 <~.~:- G om ~; 0.) _-1 -/ .~~ '3 ('0.) ::2 (....) ~ . f . " ,,- "' ~ \, , , STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ALAN E. LOVE, Defendant NO. 00-5809 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of December, 2003, upon consideration of Plaintiff's Motion To Compel Answers to Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, v60nald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff /Sandra L. Meilton, Esq. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Defendant }' :rc -:, "-'-'--'"-~~ili~~il'Ml~~P.i~W~::-_~~.:L""''''i,''L:'~J'<i~!!,"I,i:if;_'_E""rO~7d!1_~~ILll. .~"" \:'H',r;-,j",l,\iC,'J'li\l:J I ! j r ,~. ,..: ,.' \., '..' ~ ,:.:J(, J"--.L'\!I :,.", 1 .;;:;i:'--!:;~"'i!fd{V'\ ~"-- ....' 11 IV 70 :,' 'I I ,.I V .;(J 6Z JiG EOOZ i l"," ,',' ,~, '\w IL_;i\UrJ.LOod 3.'11 '0 1r'r f.lr. - :! .:!,) ,:-'\)1.!.31ij _n _'.'<'~~'~~~~~~ _, ~, .~_~~l-".. "i--- -'":.~ . "',-," '"_,~ _.,_ .-',,',- -~IilC _~'-~- _'f", '.'^ eo, ~'-.-' 'ilIIIL ~ .,~ I II II I I I I , ' ~ -' ,,"" ""'~ d " , -,,~ . ~ , ~ ~-- ~t c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE S. LOVE, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-5809 CNIL ALAN E. LOVE, Defendant CNIL ACTION - LAW IN DNORCE ORDER OF COURT AND NOW, this _ day of , 2003, upon consideration of Plaintiffs Motion to Compel Answers to Discovery, it is hereby ORDERED and DECREED that said Motion is GRANTED. Accordingly, Defendant, Alan E. Love, shall submit his answers to Plaintiff s Interrogatories and Requests for Production of Documents no later than fifteen (15) days from the date of this Order. Failure to do so may subject Defendant to sanctions upon motion by Plaintiff. BY THE COURT: J. ~~ .~' -"~ . >-<- , ~,- - ~-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA STEPHANIE S. LOVE, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-5809 CIVIL ALAN E. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes Plaintiff, Stephanie S. Love, by and through her counsel, Howett, Kissinger & Conely, P.c., who hereby files the instant Motion to Compel Answers to Discovery and in support thereof avers as follows: 1. Petitioner is Stephanie S. Love ("Wife"), Plaintiff in the above-captioned divorce action. 2. Respondent is Alan E. Love ("Husband"), Defendant in the above- captioned divorce action. 3. Wife initiated a divorce action in the Court of Common Pleas of Cumberland County, in which she raised various economic claims; as such, discovery is available to the parties. 4. On October 9, 2003, in an effort to ascertain the nature and value of the marital estate, Wife served her First Set of Interrogatories and Request for Production of Documents on counsel for Husband. 5. Under the Rules of Civil Procedure, Husband's answers thereto were due within thirty (30) days of October 9, 2003. ~. ~ , ~"- 6. The prescribed thirty (30) days expired without Husband forwarding his answers to discovery, and without Husband making any request for an extension of time in which to submit his answers. 7. Following the expiration of thirty (30) days, counsel for Wife made several verbal requests for the submission of Husband's answers to the outstanding discovery requests. 8. On November 26,2003, counsel for Husband advised that Husband's answers would be forthcoming within one week to ten days. 9. Nearly one month later, Husband still has yet to submit his answers to the outstanding discovery request. 10. Pursuant to the discovery rules, in particular Rule 4019, the court may issue an order compelling a party's response to outstanding discovery. 11. Given Husband's failure to respond timely to the outstanding discovery, despite requests for his response, Wife seeks the entry of an order compelling Husband's response within fifteen days of the date of the order. WHEREFORE, Petitioner respectfully requests the Court enter an order compelling Respondent's answer to the outstanding set of Interrogatories and Request for Production of Documents. Date: ~~ ICJ", ;;;Gj3 Respe II submitted, ~~~~,. Donald T. Kissinger, EsqUIre HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Stephanie Love ";"~~ ,-.:. ~ -. 1l'fGi[- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA STEPHANIE S. LOVE, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-5809 CIVIL ALAN E. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Stephanie S. Love, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion to Compel Answers to Discovery was served upon Sandra L. Meilton, Esquire, counsel for Defendant, Alan E. Love, by depositing same in the United States mail, first class, on December 18, 2003, addressed as follows: Sandra L. Meilton, Esquire TUCKER, ARENSBERG 111 North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 Date~CJLnI6u- I ~ I dab -~~~ Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Stephanie Love --=.; 1l;!!Ok: VERIFICATION I, Donald T. Kissinger, Esquire, hereby swear and affirm that the facts contained in the foregoing Motion to Compel Answers to Discovery are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff and from my own first-hand knowledge and that said facts are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Plaintiff is currently outside the jurisdiction of this court such that her verification cannot be timely obtained. Date: Jp(O r\\ho 1 1~).;xo3 ,~~ Donald T. Kissinger, Esquire ...'" ,;""~, ~-8~~_~~~<,,F~~k', _j"",;"'";""<d,,,,.:s.e;"';'~,"'-{r"',*M;;;.'~"""""""~ -'-'-~~~'-.'lIIiIIIlI ,~--<" I -- lil" ~ 1'1i''''''. =.... " ~ ~-~ I!lmcli Q ~ "'" 0 '- = ~;: ....., -n n> t:::l .... " r." .~ <"", ni~1 I'V :fl1? I'V OCJ " ~Ti :1"~ O:!J '''7 C) L~ ~ (,5 In +-~j -.., 1'.) )~ -< :~ U1 .. _"T ._~._. ~ ~ ~.-~- l, ~. ~ TUCKERIARENII~~fn~~ Gloria M. Rine, Paraiegal grine@tuckerlaw.com January 10, 2004 Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, PA 17013 i:' RE: Love v. Love No. 00-5809 Dear Sir or Madam: Enclosed herewith for filing is the original and one copy of Defendant's Answer to Plaintiff's Motion to Compel Discovery. Please time stamp the copy and return same to the undersigned in the enclosed postage paid envelope. Thank you. Sincerely, TUCKER ARENSBERG, P.C. A'..U; >~ /"hP~- /.4/\.r-L- Gloria M. Rine, Paralegal to Sandra L. Meilton Igmr Enclosures cc: Donald T Kissinger, Esquire Honorable J. Wesley Oler, Jr. (with enclosure to each) 8908.1 01)>".1'0.. ......'l- '::,~ Tucker Arensberg, P.C_ 111 North Front Street PO. Box 889 Harrisburg, PA 17108 www.tuckerlaw.com p.800.257.4.121 p.717.234.4.121 f. 717.232.6802 N! .,,' """~~ STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM v. ALAN E. LOVE, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8- Admitted. 9. Defendant's Answers to the discovery was hand delivered to Plaintiff's counsers office on December 24, 2003. 10. Defendant's Answers to the discovery was hand delivered to Plaintiff's counsel's office on December 24, 2003. WHEREFORE, Respondent requests that no Order be issued inasmuch as Answers have been provided to Plaintiff's counsel. TUCKER ARENSBERG. P.C. BY: 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 Date: i - 7:'- ~"'f ATTORNEYS FOR ALAN E. LOVE ~-" " - "',~- COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L Meilton, who, being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this Affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Answer to Motion to Compel Discovery are true and correct to the best of her knowledge, information and belief. .L~~ Sandra L Meilton Sworn to and subscribed before me this '7 rt-A day of January, 2004. ~Lj1?,/L Notary Public (SEAL) NOTMlAL SfAI. GlOIIIA M. RINE Notarv PublIc COY Of HAIlRlS8URG. DAlfI'IlIN COUHlV Mv COmmIlslOn ExpIreI Nov 5. 2007 " ..... ., . CERTIFICATE OF SERVICE ;A~ AND NOW, this /V. . day of January, 2004, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that 1 have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire P.O. Box 810 Harrisburg, PA 17108 . 4-:' /"-/. '. ( ~/ (d"" Jf?, ~ Gloria M. Rine 65226.1 1 STEPHANIE S. LOVE, Plaintiff v. ALAN E. LOVE, Defendant <..,1 - J J'~ '~ .~!II! ._~>""'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-5809 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of January, 2004, upon consideration of Defendant's Answer to Plaintiffs Motion To Compel Discovery, and with the concurrence of Plaintiff's counsel, the Rule issued on December 29, 2003, is discharged and Plaintiff's rnotion is deemed moot. v60nald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Attorney for Plaintiff ."sandra L. Meilton, Esq. III North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 Attorney for Defendant :rc BY THE COURT, >~ ~ Ol-ILP-OY ~ , ~;~ "liIiL-~WMll!iifMDltl~~I~.i&,~II;il~~_Ji '~"' ~, ~ "'1iiiI'. \i:'i"',.:-'J.:\lI.::::\--1 ) ll\!r;;'"~'~1 ." :,' ,'"", , . < ''-.' '-"!'. " ir,~r,-V." '-:,';!rJ 1;" '/ III 01 ,~' ":J ' 'fliln ','on? I,~ j 1.. L, "l.iU 1~-;',!!nl\'r\jJIO" ...., ,,~,.,..~~u,.,~ dd ::JHi -In ~J~.J!-!dO--G31i:l -- ,. ~,~ ~ ~ ",-, ,", - =^~ ." .~ , ,,-, "'"-' ~~~" 'I '\ i \ 1 \ '-0- , , - " " '-"01 'ii~ "'lii; IN THE 'COURT OF COMMON PLEAS OF. ~ERLAND _CO~, 'PENNSYLVANiA - . . q; STEPHANIE S. LOVE JAN 1 2 200Y Plaintiff vs. ALAN E. LOVE NO. 2000 - 5809 CIVI~9 : MOTION FOR APPOINTMENT OF MASTER Alan E. Love (li~n:) (Defendant), a master with respect to the following claims: (x) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite moves the court to appoint (x) ( ) (X) (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(s) .for which the appointment of a master. is requested. (2) The defendant (has) (ll!iH;Kli~t) appeared in (by his at:torney, Sandra L. Meilton (3) The staturory ground(s) for divorce (is) Section 330l(c) and Section 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. ~~K the action (~~) ,Esquire). (are) lIlXti1X1tiK ~~ijlX . Ie) . The action is contested .with respect to the. .following Equ~table P:Lst:rJ:Duc~on. al~mony. al.~mony pendente l.~te, counsel claims: fpp.~ ;:Inn ("'()~ r.Q (5) The action i~ (does not involve) complex issues of law or fact. . (6) (7) The hearing is expected to take one day (:bm~J(~ . Additional information, if any. relevant to the motion: ~ .4.ttorney for ~~~ (Defendant) Date: 1/6/05 ORDER APPOINTING MASTER AND NOW ~,/'I,'t'j~ Z~. ~ / is appointed ma er with espect to the following claims: ,,1 . lj/y Esquire. 4~, P J '= k-~"' '","" L_~,J1.~II!!i~liiiiIlii!ii!lID~$i~j!:l~5.lf~"-&i:jelJi""j",c '''':'~''''''_,,,,'---'''',~_bi,",_,,,,',,,~''<Ji<U<JJ!lIlf;j'-'liljida1t''1l.. illIIIIilIjj!1 y,,~ .' fil _~~1llliillU A1J!rc".. '-"'f' - "h '11 po; t . j ", ~- ~ 'J {-1 r f'~V[' SDaZ '\tl'vICiNU~J O~,~d 3H1 =0 ;: '=) :,::~:! "J~ :J~.1'l!:I , ~ ,~._~_" c , . . .^ <__ _ ~ I ,- ~', __ ",~, W~ { t ~ f r , (") ~ ~ <" !~t~; ,,'-- " ~~ ~;~ ~t; .iE~~ z -c~ f' ~ ~ [~. ~ .1 ~I (I I! } ! , "" = = en r" ::;; ;z; I -.l o "T1 --I :I: ,m'"7l .;= -0 IT1 :;]0 ~6 :c:n Qrs /='-.m .--: '> :n -< ~ N w U1 " __0 __~_~~"',"",~_~, _^__"'___~."_,"",,_-,,_, ,.' . STEPHANIE S. LOVE, Plaintiff INTHE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ALAN E. LOVE, Defendant NO. 00-5809 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of June, 2005, upon consideration of Defendant's Motion To Compel Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. ...&"nald Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff ;Zandra L. Meilton, Esq. III North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 Attorney for Defendant ~cP D\9'~ :rc "~i.V~:""""'j;I:';! fs j) Wlli..~iI'-.'" It''';;.o-i~''' -""'" -" " . v'iNL';1/\l...-; Si\J;\ /jd , I ",'~." , """Inr\ 1\_1\); ii,,; : :[~"::jH;I~f hj IJ j :8 i4d ZZ NO!' gOOZ J;.i\"!L~",n",O!)-' ::j!J', "0 ',....'I..L 'J'lVnJ. OU -:n_ .:J :JOlj~O-03lI:l .. ,_~, ,._ ~._, c_,o, _T,-' , ,5.~_" ,,, "' ":~ _ c ~ ,'~ ",~i'? ,_"~ " <, ^",('_ <"' ,-,;,-".,;" _, __ 0 (I ! I' ,I II II II i I!~ 11 -'~" ,,"~ .oj --- , .. . ,-, -,-,' - ~ - " - " ....'. ",,'-,:;1 STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5809 CIVIL TERM RECEIVED JUN 21 200V' ALAN E. LOVE, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of , 2005, upon consideration of Defendant's Motion to Compel Answers to Discovery, IT IS HEREBY ORDERED AND DECREED that Plaintiff shall respond in writing to Defendant's Request for Production of Documents within fifteen (15) days of the date of this Order. BY THE COURT: J. Distribution: Sandra L. Meilton, Esquire, P.O. Box 889, Harrisburg, PA 17108 Donald Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17108 , , - ~', "'j STEPHANIE S. LOVE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM ALAN E. LOVE, Defendant CIVIL ACTION - LAW RULE AND NOW, this day of , 2005, upon consideration of Defendant's Motion to Compel Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE returnable days after service on Plaintiff and/or her counsel. BY THE COURT: J. " ~ r. ' _ STEPHANIE S. LOVE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM ALAN E. LOVE, Defendant CIVIL ACTION - LAW DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW comes Defendant, Alan E. Love, by and through his counsel, Tucker Arensberg, P.C., who hereby files the instant Motion. to Compel Answers to Discovery and in support thereof avers as follows: 1. Petitioner is Alan E. Love ("Husband"), Defendant in the above divorce action. 2. Respondent is Stephanie S. Love ("Wife"), Plaintiff in the above divorce matter. 3. On December 9, 2003, in an effort to ascertain the nature and value of the marital estate, Husband served Interrogatories and a Request for Production of Documents on counsel for Wife. 4. Under the Rules of Civil Procedure, Wife's responses to said discovery were due within thirty (30) days of December 9, 2003. 5. Plaintiff's Answers to Interrogatories were forwarded to Defendant's counsel on or about February 25, 2004. 6. The prescribed thirty (30) days expired without Wife forwarding her response to the Request for Production of Documents, and without Wife making any request for an extension of time in which to submit her answers. 7. Husband filed for the appointment of a Divorce Master on January 7, 2005. "_ ,c.,. j 8. Husband's response to the Divorce Master's Certification regarding discovery was forwarded to the Divorce Master on February 3, 2005. Said response to the Master noted the outstanding discovery due from Wife. 9. Wife's Certification with regard to discovery has never been filed with the Divorce Master. 10. Settlement negotiations ensued after Husband's filing and written settlement agreements attempted; however, those negotiations have stalled. 11. Husband desires to move the matter forward with the Divorce Master and with Wife's outstanding discovery responses. 12. Pursuant to the discovery rules, in particular, Rule 4019, the court may issue an order compelling a party's response to outstanding discovery. 13. Given Wife's failure to respond timely to the outstanding discovery, Husband seeks the entry of an order compelling Wife's response within fifteen (15) days of the date of the Order. WHEREFORE, Petitioner respectfully requests the Court enter an Order compelling Respondent's answers to the outstanding Request for Production of Documents. TUCKER ARENS BERG. P.C. BY: ~~~ /Sandra L. Meilton, l. . #32551 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 717-234-4121 Date: &,1/1/D$ Attorneys for Petitioner, Alan E. Love ,--" ,-A - ~~. ,-' > .' . COMMONWEALTH OF PENNSYLVANIA ) ) SS; ) COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, who, being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this Affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Motion to Compel Answers to Discovery are true and correct to the best of her knowledge, information and belief. ~~U/~~~ Sandra L. Meilton Sworn to and subscribed before me this I Y% day of JUne}~05, ~~M,~ Notary Public (SEAL) .,...... GIClMM. .. NalaIy Nlllll CI1YClfHII ~ IIAtw....COUNIY Mr Con\t"1"ll -'.... New I, 2G07 CERTIFICATE OF SERVICE AND NOW, this 17 ~day of -::JC;r-e... , 2005, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald Kissinger, Esquire P.O. Box810 Harrisburg, PA 17108 ~~4L Gloria M. Rine 78751.1 ~ '","'"~' "" - -0 ",",..",,;;,:.i,""I'j "' i, ,i .. 1lilIiiiiilI1!'" -', "",,- ~; 'f ii,."", -~;~ili:j_-, . ,'''l.,'h'''''''''';'-'';'Z''"o' , " . ;"",-'}";:"'.-;~'~ ~,~,,'-~". ,-. - ,.,,, -. ~-- :::., . ......~ ;^,.\ , - ". ,~" . -.' ~ ,,' i/'I "i ~;I "I ~i'l " 'J - !I i! I ',I' 'j . ~ " , ," '~'..' ", .. ,'0 .-.. i II "I ~ I I (") ..., c.~ C'~ 0 ''''' en " <-- "i'!" c ~: m-'- r ~." -om 0 :00 C () I ~o -0 :::r-n () ::t: (5:0 r-- -;..,.C) ':;"l Off} -~..j ;r;! ....:::. .D N .< ~ '0'" ~ ~ - ...~. . " "~, . .~~ JJ.~."""""."'- ;,a_oJ"""'....L . . " , '0- STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM v. ALAN E. LOVE, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this 24th day of June, 2005, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on June 24,2005, she hand delivered a certified copy of a Motion to Compel with attached Rule along with a transmittal letter (copy attached) to the law office of Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA and handed same to a female staff member of said office. Sworn to and subscribed before me this 24th day of June, 2005. (SEAL) ~- ~, ~" -~ ~...~... .~ "-~ ~~ ~ ~ . ~ -- - TUCKER!ARENSBERC' Attorneys Sandra L. MeIKon smeilton@tucker1aw.com Hand delivered June 24, 2005 Donald T. Kissinger, Esquire 130 Walnut Street Harrisburg, PA 17101 RE: Love Dear Don: Enclosed is a time stamped copy of the Motion to Compel Answers to Discovery which we. filed in the above matter along with the certified copy ofthe Rule issued by Judge Oler. Thank you. Sincerely, TUCKER ARENSBERG, P.C. Gloria M. Rine, Paralegal to Sandra L Meilton Igmr Enclosure cc;Mr. Alan Love (via email) 79085.1 Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p.717.234.4121 f. 717.232.8802 www.tuckerlaw.com 1500 One PPG Place Pillsbur9h, PA 15222 p.412.568.1212 f. 412.594.5619 , . ~ ~,- ~ Bmb~~I:l!!lIl~!r llUllUL ..l Jrl1 ~1O&'<iliMli-\\lL'nj~!ji",b''"'_'"'''' :;;"",p._)s''-oM-",*,,;4;~i' jf' r "'"'>-~.....' lj.!lli~liM_-'~ ~,.' '~-~H;re,;.~.." ~",,'~- " " --"""If'. '" . ~ - 11 ,~ -~ .,.~- ~'" . I ~~ ~_","' ~_".~. "<e< -~ ~~.- o , :;:: ;~c~Ft C'~ f~~ 7j::~ .-- ",C .,~'C= =--2 . Ii l'j Ii ~'! . 'i ., ~ , N i:I "', = = en C- c= ..o:..:;~ o " -< :C" f11;:= "rn .00 6' :--iO t;:B -~C) 5rn -, )> ::0 -< N -.l --a ~~ w c::> w " ' "-.- "'< '--, STEPHANIE LOVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5809 CIVIL TERM ALAN LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Defendant submitted pursuant to Pa. R.C.P. No. 1920.31. ~i~tt~ Attorney for Defendant - =.. , ''*'-':- INCOME AND EXPENSE STATEMENT OF ALAN E. LOVE INCOME Employer: Navarro & Wriqht Consultinq Address: 151 Reno Avenue, New Cumberland, PA 17070 Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc.): biweekly Gross Pay per Pay Period: $ 3,153.60 Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Health Insurance Other (specify) SCDU - child support processinq fee $ 589.84 241.25 50.46 96.82 826.62 16.50 Net Pay per Pay Period: $1,329.27 (see attached paystub) Other Income: Interest/Dividends Pension/Annuity Social Security Rents/Royalties Expense Account Gifts Unemployment Compo Workmen's Compo Week $ Month $ Year $ Total $ o $ -0- $ TOTAL INCOME $ 2,880.09 ($1,329.27 x 26 $34,561.02 -;- 12 $2,880.09 for average monthly net) :' ~,< __k""",,,_,:,_ -~-. :1:" 2".= 8'''' _ c, ,~ ~,' ".. ';,,0' " 3 :1''- -. .~ ~_d,. _ :'1: :IJff m" d' 0'" <"\ mt;7 ~;. m~ O:'! :A:Z .....J., ~>-, r{,' 0&', Zt" GlI~ "'"!;~ ...!., mil" :IJ;+:" (9;' ;JJ" ~li' ~~. ~ -< c ~ m I:'l'=' ~,~ -. ('l ~ ... ~~ S''!l .. 0 ~rn ..:l ..... ..... I,e \CO ~ ~ E Z -+ )> :D -< )> E c: ......~ ,0 o-o-~ . . ,;:: on '" m ON Z ,.... <D; on _ VI\OC>>~<() NC O-<() VI VI ~~~~i:lf{J ~ ~:.~. ~ ~ >?P,'c- X -< "m.'~ ~ C .. :D ()'CO_ ~ g ~ g :0'0 ~ ~~i F.' j,- ','>- "'~- , ,'.t ~ -' , ':~::"\: '...;,', ~, ....N_N.....'.... 0. ~ OI.'~ ~,'J!. -()" 0. ... N ... .... o;c".' ....<()~.,..-oCD ~ m ;;'-. CD '~:" _N ' ?'?' '" VI 0- ",c: ON ~-~f(W "~ ~, ~ "" -', ~ '""'---~.~:, EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) Home Mortgage/rent $ $ 911.00 $ Maintenance 100.00 Utili ties Electric Gas Oil Telephone Water/Sewer Furniture 50.00 Employment Public $ $ $ Lunch 200.00 Taxes Real Estate $ $ $ Personal 265.00 Income Insurance Homeowners Automobile ,....-" Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Religious "" - k"o $ $ 441. 00 350.00 50.00 $ 100.00 200.00 450.00* $ * $350 for Depakote and $100 for Synthyroid '"'" Weekly Monthly Yearly (Fill in Appropriate Column) $ $ $ $ $ $ $ $ Weekly Monthly Yearly (Fill in Appropriate Column) Personal Clothing $ $ 100.00 $ Food 38.00 Barber/hairdresser 23.00 Credit payments Credit card Charge account Memberships Loans Credit Union $ $ $ Student Loan 68.23 Parents' Loan 250.00 Miscellaneous Household help $ $ $ Child care Papers/books/magazines 20.00 Entertainment 100.00 Pay TV 27.00 Vacation 200.00 Gifts 100.00 ~. .i.,~~""" ~- ~ ~~" " - Legal fees Charitable contributions Other child support Alimony payments Other Bankruptcy TOTAL EXPENSES . , '''~r' Weekly Monthly Yearly (Fill in Appropriate Column) $ $ PROPERTY OWNED Description See Inventory and Checking accounts Appraisement Savings accounts " " Credit Union " " Stocks/bonds " " Real estate " " Other " TOTAL *H=Husband; W=Wife; J=Joint " $ 250.00 447.00 $ 4,740.23 $ Value $ Ownership* H W J Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other INSURANCE Company Capital Blue Cross through Navarro & Wright H=Husband; W=Wife; C=Child Policy No. YWPl6760937400 Group 503548 X .~ - ~ .... Ii ,i~ Coverage* H W C . . I understand that the the penalties of 18 Pa.C.S. to authorities. ~ - "'-;;, ",-. ",.., " " , ~~" ,,~- o I verify that I have reviewed this fo client and to the best of my knowledge the answers herei are true and correct. ~ffi~~~ /Sandra L. Meilt n Attorney for Defendant .. . 'b.., CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2005, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald Kissinger, Esquire P.O. Box 810 Harrisburg, PA 17108 7L ;/;. L Gloria M. Rine 54286.1. ~-- ~iM~'Jj,ilJ.L"""-~Ilil<~.r.i~"!f':;''''~,;h'~1'';d..~ilflli~,lf_.m.iJ~' ",;~' " .'....,..".., - ,~"~" , ,,- ," --~..'" ~,,-,.~ - ,~ -">eo, _~ ,,' <.--- '~~,- ,I,>" ~, ""0.. "'lill'l ~, ~, ._' ~.~.~ 0 ,..., ~ = c~ = c.n .-l .. ......... ~ .:...... <- ::r:-n (~~ t-'- :p-'" r11r::: .:~' ;g:. -om Z I 'nO I..I: -J S6 r::: -;J ~~-1i ~.. s,-~~ (') ~ :c-r: f": SI\'1 ,~:::-- ,;-:, N ~~.= .' );: :6 w :d -< (.n .,< ,,~. '" , " ' ~ ' - l , -, - '.' " c"-' ',-; '"' ~- ~.:'" " .J.' -~!Jl'i, STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5809 CIVIL TERM ALAN E. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF ALAN E. LOVE I, Alan E. Love, file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and ~4904 relating to this inventory and transferred within the preceding three I verify that the stateme appraisement are true and correct. statements herein are Pa.C.S. . ."-' -_.~~-: ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages, If an item has been appraised, a copy of the appraisal report is attached. (x) (x) (x) ( ) (x) (x) (x) ( ) (x) (x) (x) 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. 6. Checking accounts, cash Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, workman's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Mi1itary/V.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26. Other ,~-, ," "~ '., "'C -,~, ,~ "l..'--Jli,_! 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D " oE '6 C ~ o E '" 1il II " oE ~ !l: S- '" "' Ii >- ~ E .~ ~ ~ .e " C '" D ~ ~ :I: ~ " !!< 'm u ~ ~ " C '" " ~ t- , ~ z ~ " '" '" "E '" E '" C 'C ~ Cl " c '" D ~ ~ I '" '" '" en w '" ~ ~ "' '" ~ " " " '> " ~ ~ ill ~'E 8~ "''' :!2oE o c -Ii ill <g~ 0" ID N .,; N " ,~~~, .- -,"- ,~'L, LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. Secured 1. Mortgages 2. Judgments (x) 3. Liens (x) 4. Other secured liabilities Unsecured (x) 5. Credit card balances 6. Purchases 7 . Loan payments 8 . Notes payable 9. Other unsecured liabilities ( ) (x) Contingent or Deferred ( ) 10. Contracts or Agreements (x) 11. Promissory notes 12. Lawsuits 13 . Options 14. Taxes 15. Other contingent or deferred liabilities (xl 16. Bankruptcy '" w j::: :J iii '" :J ~ " ~ '" E E o " ::! " ~ o ij " " m "0 '" " '0 ::! ~ o '" ~ >- ~ " ~ ~ " 5 '" ~ o " ~ '" ~ ~ 8- ~ ~ o .0 5 " " ." 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'::! ~~ '5~ ::!m l'lti ~ ... -"'~ " " co " '" ~ " 'E " E I!! ~ CO '" ~ oooN ~~::G;S ~a~~ , <.0 r-- 00 00 ~~~~ ~(OcoO; "E '0 ~ "0 ~ " .0 ~ ~ :r: .l!l ~ I!! ill. ~ " "0 ~ '* o ]i .~ ~ I!! .e ~ " Q ~ '" "0 ;3 U) .El 0_ zaJ ~~ 0" .~ ~ E '" e '" o.-"l- ,.: " ~ '" 0" .€~ ....~ ~.Q ~ Z M '" '" '" "0 ~ l'l ~ ~ :r: '" -!';l 2 I- % 2 ~ ~ " CO en =i ,g- o. 2 ~ ~ " co ~ '., -, " o ~ " 0. '" ~ '0 "* "0 " " l'l ~ '" .l!l ~ I!! " 0. 'l! ij '" 0. ~ I!! 'm " E ,g ~ "0 ~ -"! "0 '" g o .0 ::! ~ ~ ill. ~ al w W I- o Z '- -, '" '~. i__' -""'-"'-;;'<ij ! JUN-08-2004 12:35 POLICY SERVICE CARD (PSC)- NORTHWESTERN MUTUAL UFE INSURANCE CO. I ~~L1~;3MIl~130 Gi'2 Altl:.Hf K1/I wLL34 1'~~~~~tE LD ~A~Jlli BOX 448 DlllS8URG PA 17019 "'MOUNT 30,00 30,00 45,00 135,00 P.02 I"'~!'\<,:'l OCT 07 63 2',011,0'.8'0 MOV 30 95 0"'0'''" ,,290. 90 ::;!::;ijfi~Q:~~lrl;;tPR ifi "0,'''''. .enON lOAN REQUEST 'OCT 1)9 9'5' J-J!!~,S!~",!~::l);;i;jllP PAYER, ~2r.7Z]ADB RICHARD H LOVE UNU6EDDIVICI(:NO APB BDX 448 DILLSBURG PA 17019 BOR W 81. 7Z 8.40 6.30 24.90 60.30 TOTAL 429.90 POL LN BILL 12 21 95 POL LN INT A-I' .00 LD 2000.00 A~C HT 2000.00 .., NT .00 1"1,)J...Ll'l Ell 4000.00 .00 ,199.68 - CONFIDENTIAL NOT fOil PUSLlCATlON CONrlDl1'41r-'l POLICY SERVICE CARO(PSC)- NORTHWESTERN MUTUAL LIFE IN$URANCf CO, I ,;u173"';io "72 ACCNT IIllIo '"ll34 f.rt::~J ~DI " E LO BOX 448 DILLSBURG PA 17019 .....bIJNr 30,00 30,00 45,00 135 00 PI.:AN WHOLE LIFE LL BOR OW 41. 7 .40 6.30 24.90 60.30 f:,s;ol~",j OCT 07 63, '__..' " " OlvlOEHD 290. 90 :~:"~?il!;iiitPR ""00 LOAN REQUEST <51!!' 24 '!IS, PAYER ' RICHARD H lOVE BOX 448 DILLSBURG PA 1.7019 "O.PJQlN. I""~m~~'ii ~~Il APB UNL,lSED blVIOC"D 429.90 I[ 95 I I I I i -I- I I I i I I TOTAL POL LN BILL 12 21 ~":!!::li 'NT '-:.. ,&52.0& (ONH1)(NTlAL NOT )01: PUBLICAtION (ONfIDU"iTIA,l ~" ' JUN~08-2004 12:35 POLICY SERVICE CARD IPSC)- NORTHWESTERN MUTUAL LIFE INSURANCE CO. ",..OUNT 45.00 45.00 P.... 90 LIfE NN r::t~lr;lE BOX 441 DIUSBURG PA 17019 f--,"-,,~',j OCT 07 63 , , ., , o~:~~::oLOAN l~~iJ~~s~~t~~I'tt; PAYER RICHARD H BOX 448 DIllSBURG "0. PRE.... r'!f.fi~{:r~~1~~B LOV!; PA 17019 UHUB(O OIWIDEN D TOTAL POL LN BILL ~:J=:O:::-JiC:::: ji >Of C"O"lfIOtNtlAI NOt FOR PUllll(:^"0N 5311..50 9 Z5 96 A-P .00 c.O~tlp~NTlAL BORjOW .511. 0 511. 0 .75 10.35 32.40 : . I , I I , I I ....of- I I '-,- ' " P.03 /4,000 rA II) BY (~Lr-IN E. .1.O~ ~ /2.710,(0 . , I luc. aet.Uh." 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USE ONLY FOR PA TAX-FREE MONEY MARKET Amount O Cl"leCk box. It cnang\ng your ad tess, and no~e new address on reverre side. THE VANGUARD GROUP PO BOX 7'800 PHILADELPHIA PA 19101-rS92 I biz 1/qfr, 24 \ 009242 1.\ TOIII'AmOlll1t '~ --L- --L- --L- 'l;ooOi()() LIST EACM CHECK SEPARATELY AND MAKE PAYABLE TO: THE VANGUARD GROUp. 63 x 0063 09891972120 3D 1IIIIIIIIItl\\llllI~IUIII\IIIIlIIIIIIIIIIIIII\llllllllllIll\1llllUlllll 1111 .' , , DOLLARS P~Y.M.E~ t3 Y <ALA1 I LCJr/~ TOTAL P.05 , I , ~ ""-' " ~ ':*~~ CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2005, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald Kissinger, Esquire P.O. Box 810 Harrisburg, PA 17108 A.~ 'a M. Rine 40618.1 c'c' -"w;'~'-D'i! '-'rr~~~~_~~!IiI!_~~i&il;ik",'''''~~~''',:'",J,<_OOtl,--'';,*-,.~&Ii;>~~:--_i""'~ ~r r J.,l1!UU!l1J ., ".,- .,,,, ~, ,,- ,., co"~ ',.- 8i. ^ - '1N&1!ii~Jliioi:~'m'~,~~ ~-" '-" ",", " . ~ '-' o c cS,. ::~-. {;) ~-. " , Ii ~ {..:;::> Cfl <- :>'" -<? - \ ---1 Z- (_-, 0CJ :);'~ ""':--, ~e -'- ,~~ (:) -0 .-1 ::C-r\ c;'{~ --004 ::}---' c3b ~~~ ~~ -:{~rn ~~ ~2: --D -"',;c ;- -- r:-? cJ 0' " IN THE 'COURT OF COMMON PLF.AS OF c. CUMBERLAND _COl.\NTI, .PENNSYLVANIA (i , STEPHANIE S. LOVE JAil! 1 2 2no} Plaintiff vs. ALAN E. LOVE NO. 2000 - 5809 CIVI~9 Alan E. Love a master with respect to the (x) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite MOTION FOR APPOINTMENT OF MASTER (li~H) (Defendant), following claims: moves the court to appoint (x) ( ) (X) (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(s) .for which the appointment of a master is requested. (2) The defendant (has) (~~~t) c~peared in (by his attorney, Sandra L. Meilton (3) The staturory ground(s) for divorce (is) Section 3301(c) and Section 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. ~~~IlN<<i~~mxmXl'lKK the action (~~) ,Esquire). (are) ~1j1X . bl Lc) The action is contested .w;ith res'pect. to the, .following clann' S'. Equ~ta e p~st~~Duc~on, al~rnony, aL~rnony penuente L~te, counsel f'pp~ ,qn-c1 ('n~r~ (5) The action i~ (does not involve) complex issues of law or fact. (6) The hearing is expected to take one day ObEJmSQxx~. (7) Additional information, if any. relevant to the motion: is ORDER APPOINTING MASTER 1,I9~ E.~~ espect to the following claims: :: //JJL ~~ -2dvdlt-L~~--' /,(ttorney for (Defendant) Date: 1/6/05 Esquire, ., <h.,~ (V... . , P J ;..,,~ . i \ ji'l':' -- .1 L <>> "- '-.. ~ ~ y f ~ r ~-- '"'"' 0;::::.> = <on C- ':-7"'- Z c.) -n .-1 *3 '''r ~m -:::':;0 i"'!6 ~~ -, "j,:>' ::0 ~,< I .....l ;,..' ~ ~.., U1 STEPHANIE S. LOVE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM ALAN E. LOVE, Defendant CIVIL ACTION - LAW DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW comes Defendant, Alan E. Love, by and through his counsel, Tucker Arensberg, P.C., who hereby files the instant Motion to Compel Answers to Discovery and in support thereof avers as follows: 1. Petitioner is Alan E. Love ("Husband"), Defendant in the above divorce action. 2. Respondent is Stephanie S. Love ('Wife"), Plaintiff in the above divorce matter. 3. On December 9, 2003, in an effort to ascertain the nature and value of the marital estate, Husband served Interrogatories and a Request for Production of Documents on counsel for Wife. 4. Under the Rules of Civil Procedure, Wife's responses to said discovery were due within thirty (30) days of December 9, 2003. 5. Plaintiffs Answers to Interrogatories were forwarded to Defendant's counsel on or about February 25, 2004. 6. The prescribed thirty (30) days expired without Wife forwarding her response to the Request for Production of Documents, and without Wife making any request for an extension of time in which to submit her answers. 7. Husband filed for the appointment of a Divorce Master on January 7, 2005. 8. Husband's response to the Divorce Master's Certification regarding discovery was forwarded to the Divorce Master on February 3, 2005. Said response to the Master noted the outstanding discovery due from Wife. 9. Wife's Certification with regard to discovery has never been filed with the Divorce Master. 10. Settlement negotiations ensued after Husband's filing and written settlement agreements attempted; however, those negotiations have stalled. 11. Husband desires to move the matter forward with the Divorce Master and with Wife's outstanding discovery responses. 12. Pursuant to the discovery rules, in particular, Rule 4019, the court may issue an order compelling a party's response to outstanding discovery. 13. Given Wife's failure to respond timely to the outstanding discovery, Husband seeks the entry of an order compelling Wife's response within fifteen (15) days of the date of the Order. WHEREFORE, Petitioner respectfully requests the Court enter an Order compelling Respondent's answers to the outstanding Request for Production of Documents. TUCKER ARENSBERG. P.C. BY: ~dfi~~A'-7t_ /Sandra L. Meilton, I. . #32551 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 717-234-4121 Date: (p/N/D5 Attorneys for Petitioner, Alan E. Love COMMONWEALTH OF PENNSYLVANIA ) ) ss: ) COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, who, being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this Affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Motion to Compel Answers to Discovery are true and correct to the best of her knowledge, information and belief. 4~~~~~ Sandra L. Meilton Sworn to and subscribed before me this / y..J-1... day ~005;;? ;L Notary Public (SEAL) NONIi"l M. 8ICMM... " NllIary NIlID CIlY Of Ir" .. QIUl.. COUNIY .., CoIl -' . ...... New" 2Gll7 I , '''-:,Ij1Jr) L;'; .lAic JA!\W(lt< ;).i'''r)l ,,,' '4~t}JiI '!J<1,;'~ -"tfi;,,"'; ;,1"i-f\tt;I>O ~'-';fI'~i~:'VV) 1\:- "11.."; "";" ~ "'~'li-P_.i ,""\~: ",".';':~ '1'-' -- CERTIFICATE OF SERVICE AND NOW, this /7 ~day of -::J4re- , 2005, I, Gloria M, Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P,C" hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald Kissinger, Esquire P.O, Box 810 Harrisburg, PA 17108 ,,-~/;;L Gloria M, Rine 78751,1 C) ....., c.-";J C::J ~, <-- c::: 1'''' Q ::~,- c..) o 'n ::r!:n n1rL -ofT1 :uo ~ -') ! i':'::) _...~ -f'l '-n Cj en N STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ALAN E. LOVE, Defendant NO. 00-5809 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of June, 2005, upon consideration of Defendant's Motion To Compel Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. ~nald Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff -.l yS"andra L. Meilton, Esq. III North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 Attorney for Defendant :rc \;';j\:V/il;V:.:~!;" ~jd Ai"'''''' ",. "''K) II" ,-, , ' ';_id'!'.JI , ,! t', ". .. "...' ~ 1 l] I :S lid 22 nnr ~OOZ AdvlCJ\;CHlOUd 3Hl =10 3:)1:i::o-{ml~ v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5809 CIVIL TERM STEPHANIE S, LOVE, Plaintiff ALAN E, LOVE, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this 24th day of June, 2005, personally 81ppeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M, Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on June 24,2005, she hand delivered a certified copy of a Motion to Compel with attached Rule along with a transmittal letter (copy attached) to the law office of Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA and handed samre to a female staff member of said office. //" 'i )J;,~~ oria M. Rine Sworn to and subscribed before me this 24th day of June, 2005. (SEAL) ...---- TUCKERI~9~R~~ Sandra l. ~i1ton smeilton@tuckerlaw.com Hand delivered June 24, 2005 Donald T. Kissinger, Esquire 130 Walnut Street Harrisburg, PA 17101 RE: Love Dear Don: Enclosed is a time stamped copy of the Motion to CompEll Answers to Discovery which we filed in the above matter along with the certified copy of the Rule issued by Judge Oler. Thank you. Sincerely, TUCKER ARENSBERG, P,C. Gloria M. Rine, Paralegal to Sandra L. Meilton Igmr Enclosure cc: Mr. Alan love (via email) 79085.1 Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p.717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh. PA 15222 p, 412,566,1;~12 f. 412,594,5619 o c: ,..., = c::..-' U' <- c;::, -;,~ N -' . - ""y o "''' ...... :T:..-.;, rnE -r"ll" \ ~rJo ') \ ~~~J~i ~~1 ,'"" 0' o ..., - STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5809 CIVIL ALAN E. LOVE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this I /_ '1't day of Au J 1{ ....~, the proceedings having been 2005, the economic claims raised in resolved in accordance with a marital settlement agreement dated August 4, 2005, 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, GeoJ. cc: v60nald T. Kissinger Attorney for Plaintiff ~andra L. Meilton Attorney for Defendant ~~ ~ / \ \~-) /' l_ L,(fJ 01\) V)N\!f\l},C~h!r'\ljd I ""Ir'c,c, coo, '0 '-""1('\('\ r'\..U" i\,.}_. - i ",-,"':),:.' ;;"l Iv SO :2 Hd 21 ~nv SOOl ''-'''''0' ',-, , "L'd ~Hl JQ /..u vI (\J0hl...JtJ:': .:;J 38LHO'GJ1ld MARITAL SETTLEMENT AGREll!:MENT .fA- THIS AGREEMENT, made this L day of ~i/,sf- ,2005, by and between ALAN E. LOVE, hereinafter referred to as "Husband", and STEPHANIE S. LOVE, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 10,1993; and WHEREAS, one child was born of this marriage, namely, Montana E. Love, born December 30, 1999; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out ofthe marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Sandra L. Meilton, and Wife by her attorney, Donald T. Kissinger, have come to the following agreement. 1 NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may have from time to time choose or deem fit. Each party shall at all times keep the other infonned of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence and new phone number within twenty-four (24) hours of the date of any such change, Neither Husband nor Wife shall alienate nor attempt to alienate the affections of the children from the other party, The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 2 2. PERSONAL RIGHTS. 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 nor attempt to endeavor to molest the other, nor in any way interfere with the peaceful existence, separate apart from the other in all respects as if he or she were single and unmarried, 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on August 25, 2000, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those ,credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability, 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on August 25, 2000, he has not, and in the future he will not, contract or incur ;my debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3 From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Loans against the Northwestern Mutual Life Insurance Company Policy insuring Husband's life. Promissory Notes to Husband's parents. Monthly payment to the U.S. Bankruptcy Trustee Husband agrees to pay the outstanding joint debts in accordance with their terms and further agrees to indemnify and save Wife hannless from any and all claims and demands made against her by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as thle parties hereto agree that this Agreement provides for an equitable distribution oftheir marital property in accordance with the Divorce Code of 1980, Subject to the provisions ofthis Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and 4 from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C,S.A. S3302. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. S3501 et. seq., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time of the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 5 A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, th~: parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereto be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the affect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto, The parties hereto have decided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal prope:rty of either party, which are now in the possession and/or under the control of the other. Should Jlt become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed personal property, the item is physically in the possession or control of the party at the time ofthe signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control ofthe party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, 6 From and after the date 'Of the signing 'Of this Agreement, b'Oth parties shall have c'Omplete freed'Om 'Of disP'Ositi'On as t'O his/her separate property and any property which is in their P'Ossessi'On 'Or c'Ontrol pursuant t'O this Agreement and may m'Ortgage, sell, grant, c'Onvey, 'Or 'Otherwise encumber 'Or disP'Ose 'Of such property, whether real 'Or pers'Onal, whether such pr'Operty was acquired bef'Ore, during 'Or after marriage, and neither Husband n'Or Wife need j'Oin in, c'Onsent t'O, 'Or ackn'Owledge any deed, m'Ortgage, 'Or 'Other instrwnent 'Of the 'Other pertaining t'O such disP'Ositi'On 'Of property. B. PENSION AND RETIREMENT BENEFITS. Wife and Husband each hereby specifically releases and waives any and all right, title, claim 'Or interest that he 'Or she may have in and t'O any and all retirement benefits (including but n'Ot limited t'O pensi'On 'Or profit sharing benefits, deferred c'Ompensati'On plans, 401(K) plans, empl'Oyee savings and thrift plans, individual retirement acc'Ounts 'Or 'Other similar benefits) 'Of the 'Other party, specifically t'O include a waiver 'Of any sP'Ousal annuity benefits and/'Or beneficiary designati'Ons thereunder. The parties agree that they shall execute any d'Ocuments pursuant t'O the Retirement Equity Act or any similar act that may be required from time t'O time t'O acc'Omplish the purp'Oses 'Of this subparagraph, Specifically, the parties ackn'Ow1edge and agree that Wife shall remain the s'Ole and exclusive 'Owner 'Ofher Veriz'On 40 1 (K) plan free and clear 'Of any right, title, claim and/'Or interest 'Of Husband and that Husband shall retain as his s'Ole and separate pr'Operty his retirement plan with Tri- Tech Res'Ources, Inc, free Gmd clear 'Of any right, title, claim and/'Or interest 'Of Wife. 7 C. FINANCIAL ACCOUNTS: The parties agree that any and all financial accOlmts in existence as of the date of separation of the parties have been distributed between the parties by mutual agreement. Accordingly, any financial accounts shall remain the sole and s'eparate property of the party to whom the bank account is titled as of the date of execution of this Agreement, free and clear of any right, title, claim and/or interest of the other. D. MISCELLANEOUS: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other, E. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 8 F. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives ,rod relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufIicient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. G. LIABILITY NOT LISTED: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. H. INDEMNIFICATION OF WIFE: If any claim, action or proceeding is hereafter initiated seeking to hold Wife for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well- founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attomey's fees incurred by Wife in connection therewith. 9 I. INDEMNIFICATION OF HUSBAND: If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith.. J. WARRANTY AS TO FUTURE: OBLIGATIONS: Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debts, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing :any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach thereof. 10 8. LIFE INSURANCE: Husband and Wife both agree to continue to maintain in full force and effect insurance policies on his or her life in the amount of$200,000.OO subject to the following conditions: (a) Each shall maintain the insurance: in full force and effect, assuring that all premiums due thereon are paid in accordance with the terms of the policy and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value, Each party shall cause duplicate premium notices and notice of any premium default to be sent to the other. If either party fails to make a premium payment, and the other party pays the premium to avoid cancellation, the party who failed to make the premium payment shall indemnify the other party and reimburse him or her in the amount of the premium payment no later than ten (10) days after notice of payment is sent; (b) Each shall immediately establish a Trust in the amount of $200,000.00 for Montana's benefit; (c) Each shall keep the policy and Trust in place until Montana turns 23 years of age; (d) To assure that the $200,000,00 is available to meet Montana's needs in the event of the death of either party, each party agrees to create a Trust and to direct that the $200,000,00 death benefit shall be paid to the Trust to be administered and used for Montana's needs. Within thirty (30) days after the date of execution of this Agreement, each 11 party shall deliver to the other or to his or her attomey, satisfactory proof that the Trust is in place and that the beneficiary designation on the insurance policy spedfies the Trust as the beneficiary. 9. CUSTODY: The custody of the parties' minor child, Montana, is currently governed by an Order entered in Cumberland County (No, 01-765), The parties agree that they shall contemporaneously herewith execute a Stipulation for Entry of Custody Order which shall be immediately forwarded to the Court for entry as an Order. Husband agrees that jurisdiction over the custody matter shall be transferred to Maryland and Husband is willing to have Montana continue to attend the Jewish Community Center for the 2005-2006 academic year (through Kindergarten) provided the following conditions are met: (a) Commencing with the 2006-2007 academic year, Montana shall either be enrolled in a public school or a private school; (b) If Wife seeks to place the child in private school, then Husband will have the absolute right to visit the school in advance of any decisions being made and will have the right to approve the school prior to her being enrolled. The parties will then make an appropriate decision pursuant to applicable legal criteria as to the private school selected; and (c) If Wife makes a determination to use a private school, then she shall be solely responsible for the expense incident to the privat,e schooling. Each party shall provide the other with notice of all of Montana's extracurricular activities, school and otherwise; within twenty-four (24) hours ofleaming of such events. In 12 addition, Wife shall provide Husband with copies of Montana's school work and correspondence between the school and parents within one week from receipt of same. After Montana changes schools at the end of the 2005-2006 school year, Husband shall be responsible for attempting to establish direct release of information from the school itself. If school policy prevents such direct release and/or communication, then Wife shall continue to provide copies of Montana's school work and correspondence between the school and parents. The parties agree that each shall refrain from discussing proposed changes to the custodial schedule and/or any other matters relative to the health or well being ofthe child during custodial exchanges. When either parent takes the child on vacation or away from his/her residence for periods exceeding forty-eight (48) hours, the parent in custody shall provide to the other parent flight information, hotel name and address and any other pertinent information no later than one (I) week prior to the scheduled departure. The parties shall promptly commence co-parenting counseling with Janet Bliss with the costs of such counseling to be equally divided. 10. SUPPORT: The parties agree that the support shall be as caleulated through and governed by the Domestic Relations Office in Cumberland County under docket number 00690 S 2000; PACSES No. 689102517, Wife shall be solely responsible for the tuition payment for the Jewish Community Center kindergarten program for the 2005-2006 school year. The cost of daycare wrap around services and summer daycare shall be shared pro rata on the percentages set forth in 13 the Domestic Relations Order, i.e., 64% to be paid by Husband and 36% to be paid by Wife, or any subsequent modification thereof. The parties agree that the support provisions may be enforced by an action in accordance with the Rules of Civil Procedure governing actions for support. Husband's obligation to pay spousal support ends with the signing of this Agreement. Any spousal support payments made to Wife after that time shall be refunded to Husband. Notwithstanding the foregoing, any spousal support arrears due and owing at the date of execution of this Agreement shall not be waived, and the parties agree that Husband shall payoff any arrears in a monthly amount to be determined either by agreement of the parties or by the court. 11. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony, Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 14 12. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may have now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. INCOME TAX PRIOR RETURNS: The parties filed joint federal and state tax returns through 1999. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed for any joint filing years, or any assessment of any such tax is made against either ofthem, 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 and expense shall be paid solely and entirely by the individual who is finally determined to be the cause ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. WAIVERS OF CLAIMS AGAINST ESTATES: 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 may now have or hereafter acquire, under the present or future laws of relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor 15 of the other's estate. Each 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. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S,A. 93301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreemmt shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms ofthis Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16 17. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor child, be third party beneficiaries of this Agreement at this time or at any time in the future, 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the: request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. TAX ADVICE: Both parties hereto hereby acknowledge and agrl~e that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attomey, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 17 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge ofthe assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs ofthe other which has been requested by each of them or by their respective: counsel. 21. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property arl~ fair, equitable and satisfactory to them based on the length oftheir marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. 93501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 18 22. FlNANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy ofthe financial disclosure of the other as an inducement to the execution ofthis 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, the 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 aspects remain in full force and effect. 23. MODIFlCATION 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 default of the same or similar nature. 19 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. APPLICABLE LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors, and assigns, 28. CONSTRUCTION: No provisions of this Agreement shall be interprete because that party or that party's representative drafted this Agrl ment whole in part. IN WITNESS WHEREOF, the parties hereto have set. heir h als the day year first above written. Al 'e ~ 2f!:J:tuire 1)0".",- s: J,i t f .Ju () \i, q.- Stephanie's:. fJ " f' CCV^(, 20 STATE OF PENNSYLVANIA COUNTY OF~ l ~h\O ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared STEPHANIE S. LOVE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~day of \._l~'j ,2005. r, ~ Jj=~{ otary R lic :in and for 0 State of Pennsylvania Typed or print,~d name of Notary: C~6IV L. ~Y1+C My commission expires: ~ JIf IIOTAIlIAl.SfAL C1NtlER L COIllZ, IIOlAIlY fUIlIIC CITY Of HAllllISIltllIG,IlAllI'IlIR coutm MY COMMISSION EXPIRES IIAY 17, %OOIl 21 COMMONWEALTH OF PENNSYLVANIA) ) COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared ALAN E. LOVE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE this Lj 0 day of {fc,5: (,.oS; f- {/ ,2005. ~11,~ Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: G jprz.; tir ,iJ1. 7Z /u-. My commission expires: NOWlW. M. GWMM...' NcllaIyN* CRY Of lillRllIIl1li"'a. DotUl" COUICI't My Commllllan ElIfIIIe'""" I. 2lI07 22 STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5809 CIVIL ALAN E. LOVE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this , 2. 'Iii.. day of AL<' J 1{ ...7 the proceedings having been 2005, the economic claims raised in resolved in accordance with a marital settlement agreement dated August 4, 2005, 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, Geo cc: vtonald T. Kissinger Attorney for Plaintiff vlandra L. Meilton Attorney for Defendant ~orl,~~L,: , I'~'{ ,~' \/\. \'; ,ID \ \"~ f'iJ OIJ SO :2 pld 21 f.JilV SOUl , . "'i' 0'" ''"',U ,r"Wd :lHl "0 I\d' J.. i\j\_~r I...'-'W __ ,;J 38t3:,omll::l LA",. 0...,0., SERRATELU, SCHIFFMAN, BROWN & CALHOON. P.c. Sllln201 2080 L~ES It."l\'1N RO."I) H"'RR1~BURG, PA 17110-9670 - STEPHANIE S. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-5809 CIVIL CIVIL ACTION - LAW ALAN E. LOVE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, attorney for the Defendant in the above-captioned matter, hereby certify that I accept service of the Complaint in Divorce filed in the above captioned matter on August 23, 2000, and reinstated March 29, 2001. Y-Lt -6} Date Received L Sandra ~~~i~e TUCKER, ARENS BURG & SWARTZ III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Sworn and Subscribed to before me this 1/'" day of ~ ,2001. ~tb My Commission Expires: Notarial Seal , Pauline Patti Thomas, Notary PubliC Harrisburg, Dauphin county My CommissIon Expires Mar. 24, 2003 Member, PennsylVat1lJ ASSoCiation of Notanes ALL .ST A TE LEGAL SUPPLY CO FOAM NO (;7152.BF<67153_81...67155_C;Y<67156WH --- ---- - '" "' ,. ~ "' ... 1= :r: '" - - '" " " " ~ '" :r: ~ :;; ... ... ~ '" ." " " ~ ... ~ ~ C Z - - ~ <Jo .. .. F ~ c '!- ~ '1 ~ ~ ;: 5 ~ ='"' '" '" '" ... ~ s ~ R .. '" ::: ~ ~ ~ ... ... ~ '" ~ " '" P.' ... '" ". " ~ '" ~ ... :r: 0 0 '!- '" r> -rJ ;~2 (oj ~~- \. ::-':; (~ , , ..-.-< c. ~~-- ::1 <:n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE S, LOVE, Plaintiff v. ) ) ) ) ) ) ) CIVIL ACTION. LAW IN DIVORCE NO. 2000-5809 ALAN E. LOVE, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) ofthe Divorce Code was filed on August 18, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1, 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorities, Date: Ie;: Ji I ~ I , (RII Ov)l.U.. N ' Stephanie S. Love, PlamtIff F J"UV--t. s=! ,~, c.::::) 0 , "'-" -(1 , <:f\ ~.".. ...... c:: ::C-n G) (l1p ''''' 77.8 ~) .' ' ~'~I, (~) -"j +i .~::'; ('5 ~~.?\ en 1') ;'0 -J .0<; v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-5809 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STEPHANIE S, LOVE, Plaintiff ALAN E. LOVE, Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 23, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, divisj of property, lawyer's 5, I verify that the statements made in this fees or expenses if I do not claim them before a divorce is granted, that false statements herein are made subject to the unsworn falsification to authorities, Date: 8/4/05 (') .....' Q, c? S'; ..;:.~ a' :r'"" :;:l, C fn:D G") r: ..-orr< ,,> _{,Co U) ,"', I / ("1 , ~ ;"~:~~ ~~ ........ o ,,-r11 t;? .,.) --\ --,:."" - 'j] -' -..<.. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-5809 CIVIL TERM STEPHANIE S. LOVE, Plaintiff ALAN E. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are tr \ , false statements herein are made SUbject to the penalties of 1 unsworn falsification to authorities. Date: 8/4/05 80162,1 'C~~ 1Jl -r:. ,>~ (;"J r--) ...D q, ~"'" '(i\~, <~:,O .' ;.j~~~~ ')V ";,::~\,(\ '~ ~ ~ ..-:, --;;. r-;:? ..- -' - STEPHANIE S. LOVE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION ALAN E. LOVE NO. 00-5809 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 93301 (c) 3OOlt~~~ (Strike out inapplicable section), 2. Date and manner of service of the complaint: Acceptance of Service on May 11, 2001 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff 8/8/05 ; by defendant 8/4/05 (b) (1) Date of execution of the affidavit required by s3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in s3301 (c) Divorce was filed with the Prothonotary: August 29, 200~(m,dlpd!'o Pro!'], em P,/?h/n~) Date defendant's Waiver of Notice in 93301 (e) Divorce was filed with the Prothonotary: August 29, 2005 (mailed to Proth on 8/26/05) /~:C~~~, r-' C;:l c:-:~ "", 'J:,~ C.::: c'C> r<> \J? ---- v o -n .-\ ::!".-"i! rf\~ ~om ~ ~)~ C? '"C2 --~.-'-~ ;~~:.f-~\ ;.:!\ "}::.. :'jJ --< ~.: - _1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 v. CIVIL ACTION - LAW THOMAS T. JOHNS, DIVORCE Defendant MARITAL AGREEMENT BETWEEN THOMAS T. JOHNS AND KIM D. JOHNS TABLE OF CONTENTS INTRODUCTION.................. ................. ................. ................................. ........... 1 SECTION I General Provisions .............................. ............... ................... ................. .......... 1 SECTION II Distribution of Property and Debts........................................... 6 SECTION III Counsel Fees and Support... .................. ................. ................................... ...... 11 SECTION IV Closing Provisions and Execution ............................................ 12 NOTARy................................................................................................................................................... 14 INTRODUCTION THIS AGREEMENT made this 23r:1 day of liuc,vf. r , 2005, by and between KIM D. JOHNS, of 60 Hoover Road, Carlisle, PA 17013, ("Wife"), and THOMAS T. JOHNS, of 330 Charles Road, Mechanicsburg, PA 17055, ("Husband") . WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on July 18, 1985 in Cumberland County, Pennsylvania, and were separated on April 24, 2005 (in house) and on May 3, 2005 (physical). WHEREAS, The parties are the parents of two (2) children: Nicole A. Johns, born April 11, 1990, and Amanda D. Johns, born May 21, 1998, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully 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; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; 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 mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Wife sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Paul J. Esposito, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from their said counsel and that they fully understand th e facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties confirm and acknowledge that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective - 2 - incomes, which has been provided to each party by the other party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property vaLued by means of appraisals or otherwise; (3) to compuLsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing proceduraL rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right, but not the obligation, to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, 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 party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or Liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) - 3 - any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or forthe benefit of the other party and! or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: -4- A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 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 arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. .5. C. Deoendencv Exemotions. As long as the children reside primarily with Wife, Wife shall be entitled to claim the dependency exemption for the Children, on her applicable tax returns and Husband shall refrain from claiming such dependency exemptions on his applicable tax returns. D. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS TO WIFE. The following marital assets and debts are and shall be distributed to wife as her sole and separate property and/or as her sole and separate liability and obligation: A. Wife's Personal Prooertv: All items of personal property in the possession of Wife, not otherwise distributed herein. B. Wife's Vehicle(s)and Vehicle Loan(s): Any vehicle titled in Wife's sole name, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans - 6- for the purchase of said vehicles. C. Wife's Accounts: Any funds previously received by Wife from the Jt. Members First Account (Wife primary) and the Jt. Members 1" Account (Husband primary) and any accounts currently held in Wife's sole name. D. Wife's Investments: None. E. Wife's Life Insurance: None F. Wife's Retirement Plans: Wife's CSRS Retirement Plan. G. Real Estate: The jointly owned real estate known and numbered as 60 Hoover Road, Carlisle, PA 17013, ("the Real Estate"), encumbered with a 1" mortgage owed to HFC and a home equity loan owed to HFC, ("the Mortgages"), subject to the following: 1. Exclusive Possession: Wife shall have the sole right of exclusive occupancy and possession of the Real Estate. 2. Conveyance: Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Husband's attorney's pending the refinance set forth below, at which time the deed shall be delivered to Wife for recording. 3. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgages, real estate taxes and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgages, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 4. Refinance: Wife shall apply for refinancing/assumption of the Mortgages within sixty (60) days of the date of this Agreement so as to release Husband from further liability thereunder. The costs of refinancing or assumption shall be paid by Wife. If Wife does not obtain that refinancing - 7 - or assumption, then she will apply every two (Z) years thereafter until either she secures a refinancing or assumption of the Mortgages. H. Wife's Debts: Wife shall be solely liable for and shall timely pay the following debts: 1. The following specific credit card accounts in Wife's sole name: Members 1st PSL; AFGE; QVC; Bon Ton; Lerner; Victoria Secrets; Good's Furniture and JC Penney. 2. Any other debts or liabilities incurred in her individual name. 2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. The following marital assets and debts are and shall be distributed to Husband as his sole and separate property and/or as his sole and separate liability and obligation: A. Husband's Personal Prooertv: All items of personal property in the possession of Husband, not otherwise distributed herein. B. Husband's Vehiclelsland Vehicle Loan(s): The 1996 Dodge Intrepid, the Z005 Chrysler Town ft Country minivan and any other vehicle titled in Husband's sole name, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of said vehicles, including, but not limited to loan for the Chrysler minivan. C. Husband's Accounts: Any funds previously received by Husband from the Jt. Members First Account (Wife primary) and the Jt. Members 1st Account (Husband primary) and any accounts currently held in Husband's sole name. D. Husband's Investments: None. E. Husband's Life Insurance: None. F. Husband's Retirement Plans: Husband's CSRS retirement plan and Husband's TSP. G. Real Estate: None H. Husband's Debts: Husband shall be solely liable for and shall timely pay the following debts: - 8 - 1. The following specific credit card accounts in Husband's sole name: Capitol One; Bank of America; Bank of America; Household Bank; CitiBank; Bank One; PNC Bank; Sears; Discover; Lowes; Home Depot; Citgo; Texaco; and Exxon. 2. Any debts or liabilities incurred in his individual name. 2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Propertv: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. - 9 - F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. I. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. L. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. - 10- SECTION III COUNSEL FEES AND SUPPORT 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. CUSTODY. The parties shall share legal custody of the Children. Pursuant thereto, aach parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, religion and financial care. Pursuant to the terms of PA, c.S. 55309, each Parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. The Children shall live primarily with Wife. Husband shall have liberal rights of partial custody of the Children at such times as the parties shall mutually agree. Wife shall not unreasonable interfere with Husband's right to see and have partial custody of the Children on a regular and frequent basis. 3.04. CHILD SUPPORT. Wife waives the right to receive child support from Husband, and Husband shall not be required to pay child support to Wife. Wife shall provide and pay for the day care for the Children, and Husband shall not be required to make any financial contribution therefor. With regard to the waiver of child support the parties further agree as follows: The parties hereby acknowledge that Wife currently earns approximately $66,000 per year and Husband earns approximately $35,000 per year. The parties further acknowledge that Husband could have applied to the Court for spousal support alimony pendente lite and/or alimony. Husband, by virtue of this Agreement, is waiving his right to spousal support, alimony pendente lite and alimony, in return, in part, for Wife's agreement to waive any right she may have or ever will have for child support from Husband. Wife specifically acknowledges that, in return for her waiver of the right to seek child support, Husband is, in fact, relinquishing the right to spousal support and/or alimony pendente lite and/or alimony. The parties further acknowledge that, by the terms of this Agreement, Wife is - 11 - receiving a substantially greater portion of the parties' marital estate than is Husband. Husband has opted, which Wife specifically recognizes, to accept a share of the marital assets substantially less than he would other have received, in lieu of his provision of child support payments. Wife further acknowledges that she is fully capable of adequately providing for all of the needs of the children without any contribution from Husband and fully anticipates being equally capable of doing so until the children reach age 18 or graduate from high school, whichever later occurs. In the event Wife files for and obtains an order of child support against Husband, Husband shll have the right, exercisable at his option, to declare this entire Agreement to be null and void and to terminate this Agreement, in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 3.05. HEALTH INSURANCE: Wife shall provide health insurance coverage for the children at her sole expense, and Husband shall not be responsible to provide such coverage or make any financial contribution therefor. 3.06. MEDICAL AND DENTAL EXPENSES: Wife will pay for all medical expenses, as that term is defined by the Pennsylvania Support Guidelines, for the Children that are not covered and paid for by insurance, and Husband shall not be required to make any financial contribution therefor. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of - 12- this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: r (SEAL) T THOMAS T. JOH Date: r;~3/0,j,/' I lf€ ill I} C# ldJ KIM . JOHNS Date: ^! / f) 'i ) OS- (SEAL) ~w~~~ tt - 13 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF j)~ SS. On this the ~3&!Lday of ~ ,2005, before me the undersigned officer, personally appeared, THOMAS T. JOHNS, Known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~~~~ My Commission Expires: NoIariaJ Seal , Sally A. Marsh, NotaIy Pltk City Of Han1sbu1ll, 0a1oP1in Coonly My Commission Expres Sept. 17,2006 Member, Pennsylvania AsSOdaIion OfNotalfes COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the 2 day of ~1..<.h ,2005, before me the undersigned officer, personally appeared, KIM D. JOH , kn~wn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. l~flL ){ /i~ NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Sea; Ooborah L Donley. Notaly Public Cllmp Hill BolO. Cumbeltand CouIlIy My Comrnlssion Expres Sepl23, 2OfJ7 Member, Pennsyfvenla ASSociation Of Notaries - 14- -' Q, ...... :r. --n (l~ f:': _,-,r'":."1. ~_f~ ~} (-<':,(2\ 1:2(":) (C\ ,,;?~ ~i ~.~ ';2~ "'- ,- ,- (;:. ~<') ...0 -rJ - <fI - --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 v. CIVIL ACTION - LAW THOMAS T. JOHNS, DIVORCE Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FlUNG AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filinll of Comolaint: 4/29/05 b. Manner of service of Comolaint: 4/29/05 c. Date of Service of Comolaint: Defendant's Acceptance of Service 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 8/1/05 b. Defendant: 8/23/05 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/ A b. Date of Filinll: N/ A c. Date of Service: N/ A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated August 23, 2005, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301 (D)(1 )(1) OF THE DIVORCE CODE: a. Date of Service: N/ A b. Manner of Service: N/ A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: August 29, 2005 b. Defendant's Waiver: August 29, 2005 ,..., C:::l <,-'" ",0 .".. C::: C-) ", o..D -t? q, :C.." rl1F:; _Ql:q .;~) C.... ;rj .L, '-.r~, ~_::!_ ';-:-......,.-1 ;~t5~ ~ '1:' :~ - tJ1 :r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 CIVIL ACTION - LAW DIVORCE v. THOMAS T. JOHNS, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 29, 2005. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. 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. Dated: C:;/I/OS- . '~l~tJ~ K. D. HNS, . n ....., 0 C::::l ~; <= 'TI ~, :> --l c:: I-r. G"J fTlp -nm N '_JY oJ:) ':::-~~d -0 (5 :;J ::L: -..,.( ) a.-'n ~ U1 :D .r.:.- -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 CIVIL ACTION - LAW DIVORCE v. THOMAS T. JOHNS, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. M904 relating to unsworn falsification to authorities. Dated: 'rf/llo5' , I ~~ tJ. ,~IL() . NS, PLAI F o ~ ~ '3< - e::. C) \"0) U) Q.. .-\ .,...~ fi1.-~'\ , r: -otr~ ~l~:~~~~~, 2(""~) ;<~..f\\ :;::.... ;? E:. ...-c: ~;'::. .- tf\ ;;.- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 CIVIL ACTION - LAW DIVORCE v. THOMAS T. JOHNS, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 29, 2005. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. 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. :/. T~ THOMAST.JOHNS,~ Dated: 8):4.3) OS/ C) c; ~ c..-"'"=" U' :P' C GO N v:; c ",::.-, ::.2 """ _..'~ -:.... 9n .....\ ::1-..,-, [11 e::. --';1" -'J't "i".:;L) ':7""~, \~~,2~~ ,-'::'" ~\ ;B:: ::2: - tJ\ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 CIVIL ACTION - LAW DIVORCE v. THOMAS T. JOHNS, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S. 54904 relating to unsworn falsification to authorities. Dated: f:;/~1oS / ~~NDANT o '" r-- ,~ <:;;::) "'" ~ c (;') N <.D --:-; ~ --1 T rril1 r- :TJ:r. ;--~-) ........-' >:~::~C) ~~ ::r> ,.0 -< CJ1 +- .' . . .. , . :+: 'f.:+::+: ;to: :+: :+:~ +. +.:+: ;t.:+.+:+:+.:+:++++. . . . . . . " . . . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . . . . . . . . . . PENNA. STATE OF STEPHANIE S. LOVE No. 00-5809 CIVLL TERM . . . . . " VERSUS ALAN E. LOVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE ~ "~' > t- 31 2005 AND NOW, , IT IS ORDERED AND STEPHANIE S. LOVE , PLAINTIFF, DECREED THAT ALAN E. LOVE , DEFENDANT, AND . . . . . . . . . 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; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement made and entered into by the parties on August 4, 2005 are incorporated into this Decree by reference thereto, but not merged into thi~ Decree. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -... #<,. .. j- . :"':'-'" ~;: .. ~"""."" ,.. .,.I ...~ "...~ ..... -~- ... .. ~ ' ". . .:---~. '? '-' ,-' , '4 .~.::.............. ... .-' ,. . ATTEST '" . >~.; -- '" ... .. -"... ". '~.../ ; ~'"",,',:",,\....- .;~#\~-\\:. - -....-....... PROTHONOTARY +. +. ++.++.+:+:++++;t.:;t.:++.+.+.+:+:r " ooooo!:>:o.)~ ~OOOOOQ ;f.;t:'f +. '+' Of ++.+. +. Of '+. Of " . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . " . . . . . . . . . . " . " . . . . . . " " " . . 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