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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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,1lIDT'T'H W om ,r.
Plaintiff
VERSUS
STEPHEN M. DELL
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Defendant
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AND NOW,
DECREED THAT
AND
PENNA.
NO.
2000 5965 CIVIL TERM
DECREE IN
DIVORCE
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, IT IS ORDERED AND
, PLAINTIFF,
STEPHEN M. DELL
DEFENDANT,
ARE DIVOReED FROM THE BONDS OF MATRIMONY.
THE. COURT RE'fAINS JURISDICTION OF THE FOLLOWING CLAIMS WHleH HAVE
BEEN RAISED OF RECORD IN THIS AeTlON FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
none.
It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
of a certam Manta! Settlement Agreement between the parhes dated August 15, :WUU, and
attached hereto, are incorporated in this Decree in Divorce by reference as fully as ifthe same
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Decree in Divorce.
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OTHONOTARY
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MUUUTALSETTLEMENTAGREEMENT
BY AND BETWEEN
JUDITH W. DELL
AND
STEPHEN M. DELL
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NUUUTALSETTLEMENTAGREEMENT
THIS AGREEMENT is made this I t/:!.y of
and between JUDITH W. DELL, of Cumberland County, Penns
DELL, of Cumberland County, Pennsylvania;
, 2000, by
'a, and STEPHENM.
WITNESSETH:
WHEREAS, Stephen M. Dell (hereinafter referred to as "Husband"), social security
number 269-42-1893, was born on June 9,1947, and currently resides at 1006 Market Street,
Apartment #1, Lemoyne, Cumberland County, Pennsylvania, 17043;
WHEREAS, Judith W. Dell (hereinafter referred to as "Wife"), social security number
350-38-8657, was born on July 5,1946, and presently resides at 2104 Beacon Circle,
Mechanicsburg, Cumberland County, Pennsylvania 17055;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
July 12, 1969 in Michigan;
WHEREAS, the parties have lived separate and apart since on or about July 22, 2000;
WHEREAS, two children were born of the marriage between the parties, namely Brian
Dell, born July 2, 1974 who is presently physically disabled and residing with Wife and, Mark
Dell, born August 27, 1977 who is emancipated but attending his last year of college education at
Eastern Michigan University;
WHEREAS, the parties hereto are desirous of settling fully and fmally their respective
fmancial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
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the support and maintenance of one another 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 these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. The parties acknowledge that both
have sought or have been advised of their right to seek independent legal counsel. The parties
further acknowledge that Wife is represented by the firm ofHowett, Kissinger & Conley, P.C.
and at no time has Husband been represented by this firm in connection with any divorce and
claims arising therefrom. Husband acknowledges that he understands that he has every right to
contact counsel of his choice, be advised by them and review in detail the contents ofthis
Agreement before its execution.
Each party fully understands the facts and hislher legal rights and obligations, and
each party acknowledges and accepts that this Agreement is, in the circumstances, fair and
equitable, and that it is being entered into freely and voluntarily, and that the execution of this
Agreement is not the result of any duress or undue influence, and that it is not the result of any
improper or illegal agreement or agreements. In addition, each party acknowledges the impact of
the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital
rights ofthe parties including divorce, alimony, alimony pendente lite, equitable distribution of
all marital property or properties, owned or possessed individually by the other, counsel fees and
costs of litigation and, fully knowing the same, each party hereto still desires to execute this
Agreement, acknowledging that the terms and conditions set forth herein are fair, just and
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equitable to each of the parties, and waives his/her respective right to have the Court of Common
Pleas of Cumberland County, or any other Court of competent jurisdiction, make any
determination or order affecting the respective parties' right to alimony, alimony pendente lite,
support and maintenance, equitable distribution, counsel fees and costs of litigation.
2. DISCLOSURE OF ASSETS. Each of the parties hereto
acknowledges that he or she is aware of his or her right to seek discovery, including but not
limited to, written interrogatories, motions for production of documents, the taking of oral
depositions, the filing of inventories, and all other means of discovery permitted under the
Peunsylvania Divorce, Code or the Pennsylvania Rules of Civil Procedure. Each of the parties
further acknowledges that he or she has had the opportunity to discuss with counsel the concept
of marital property under Pennsylvania law and each is aware of his or her right to have the real
and/or personal property, estate and assets, earnings and income of the other assessed or
evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The
parties do hereby acknowledge that there has been full and fair disclosure to the other of his or
her respective income, assets and liabilities, whether such are held jointly or in the name of one
party alone. Each party agrees that any right to further disclosure, valuation, enumeration or
statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to
make or append hereto any further enumeration or statement. Each party warrants that he or she
is not aware of any marital asset which is not identified in this Agreement. The parties hereby
acknowledge and agree that the division of assets as set forth in this Agreement is fair,
reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants
and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that
he or she will never at any time hereafter sue the other party or his or her heirs, executors,
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administrators or assigns in any action of contention, direct or indirect, and allege therein that
there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue
influence or that there was a failure to have available full, proper and independent representation
by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acqnired by the other.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and thus any divorce action with respect to these parties shall
be limited to a claim for divorce only. Wife shall, as soon as practicable, after execution of this
Agreement, commence a divorce action under ~3301(c) of the divorce code. When the ninety
(90) day waiting period has expired, both parties shall execute Affidavits of Consent after
January 1,2001 and Waivers of Notice of Intent to Request Entry of Divorce Decree and forward
same to counsel for Wife who shall file said documents of record along with any and all other
documents necessary to precipitate the prompt entry of a divorce decree. Moreover, the parties
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have agreed that Wife can and shall bring the divorce action in the Cumberland County Court of
Common Pleas.
5. EOUlTABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge that they are the
titled owners, as tenants by the entireties ofthat certain house and lot and all improvements
thereupon situated at 2104 Beacon Circle, Mechanicsburg, Cumberland County, Pennsylvania,
17055 (hereinafter referred to as the "Marital Residence"), subject to a mortgage with a current
outstanding balance' of approximately Sixty Nine Thousand Nine Hundred Dollars ($69,900).
The parties further agree that the value of the home as of the date of execution of this Agreement
is One Hundred Sixty Five Thousand Dollars ($165,000). The parties also agree that if the house
were to be listed for sale, the sales costs involved in selling the house would be approximately
Thirteen Thousand Two Hundred Dollars ($13,200) (7% real estate commission and 1% transfer
tax) leaving net equity in the Marital Residence as of the date of execution of this Agreement to
be Eighty One Thousand Nine Hundred Dollars ($81,900). The parties agree as follows with
respect to the Marital Residence:
(1) Wife shall become the sole and exclusive owner of the
Marital Residence and shall be permitted to take any action with respect thereto that she deems
appropriate. Except as provided below, Husband hereby waives, relinquishes and releases any
and all past, present or future right, title, claim and interest he may have in and to the Marital
Residence. Husband shall, at Wife's request, execute a deed transferring all of his right, title and
interest in the Marital Residence to Wife.
(2) Husband agrees that as the date of execution of this
agreement, any and all title policies and any other policies of insurance with respect to the
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Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that
Wife shall be entitled to receive any payments now or hereafter due under any such insurance
policies.
(3) Commencing on the execution date of this Agreement,
Wife shall be solely responsible for all costs, expenses and liabilities associated with or
attributable to the Marital Residence, including, but not limited to, any mortgages, any and all
home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and
repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and
administrators indemnified and held harmless from any liability, cost or expense, including
actual attorneys fees, which may be incurred in connection with such liabilities and expenses or
resulting from Husband'sownership interest in the Marital Residence.
Upon Wife's sale of the Marital Residence, Wife shall pay to
Husband from the proceeds of sale, the sum of Forty Thousand Nine Hundred Fifty Dollars
($40,950) representing one-half of the estimated equity in the Marital Residence as of the date of
execution of this Agreement.
(b) Furnishinl!s and Personalty.
(1) The parties agree that they have divided by agreement
between themselves all furnishings and personalty located in the Marital Residence, including all
furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
(2) Wife shall retain, as her sole and separate property, free of
any and all right, title, claim or interest of Husband, all of the personalty and furnishings
remaining in the Marital Residence.
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(3) Husband shall retain, as his sole and separate property, free
of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently
in his possession.
(c) Motor Vehicles.
(1) Husband agrees that Wife shall from the date of execution
of this agreement through May 31, 2001, retain possession the leased Honda automobile
currently titled in the joint names ofthe parties, during which period Wife shall be responsible
for the monthly payments on any outstanding indebtedness pertaining thereto and insurance
thereon. Wife shall indemnify and hold Husband and his property hannless from any and all
liability, cost or expense, including actual attorney's fees, incurred in connection with this
vehicle accruing during the period of time Wife is in possession of said vehicle pursuant to the
terms of this subparagraph. The Parties further agree that on June 1, 2001 possession of the
leased Honda automobile shall transfer from Wife to Husband which shall thereafter be his sole
and separate property along with all rights under insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon free of any and all right, title, claim or interest of Wife and Husband shall indemnify and
hold Wife and her property harmless from and all liability, cost, or expense, including attorneys
fees, incurred in connection with this vehicle on or after June 1,2001.
(2) The parties acknowledge that during the marriage Wife was
gifted a Camry automobile which is currently titled in her name but which is in Husband's
possession and being utilized by Husband on a daily basis. The parties agree that Husband shall
be entitled to continue to utilize said vehicle from the date of execution of this Agreement
through June 1,2001 at which point Husband shall transfer possession of said vehicle to Wife.
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Moreover, until Husband transfers possession of said vehicle to Wife, Husband shall, pay to
Wife for the use of said vehicle, the sum of Two Hundred Dollars ($200) per month payable to
Wife on or before the 15th day of each and every month. Should Husband fail to make any of
said payments in a timely fashion, Wife shall be entitled to immediate possession of the Camry
automobile.
(3) The parties agree that they will cooperate in effectuating
the transfer oftitles and insurance to accomplish the purposes of this subparagraph.
(d) Life Insurance.
The parties acknowledge and agree that each shall retain as his/her
sole and separate property, any and all life insurance policies in his/her name, free of any right,
title and interest of the other party. Specifically, Wife shall become the sole and exclusive owner
of, free and clear of any right, title, claim and/or interest of Husband her Luthem Brotherhood
Life Insurance Policy, including the cash value thereto. Likewise, Husband shall become the
sole and exclusive owner of, free and clear of any right, title, claim or interest of Wife, his
Luthem Brotherhood Insurance Policy including the cash value thereto.
(e) Pension and R.etirement 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, 40 I (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.
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Specifically, the parties agree that Wife shall retain sole and
exclusive ownership of her T-Rowe Price Roth Individual Retirement Account, her Vanguard
Roth Individual Retirement Account, her AETNA T.S.A. Account, and her Public School
Employees Retirement Benefits. Husband hereby waives any and all right, title, claim and
interest he may have in and to said retirement benefits. Likewise, Husband shall retain sole and
exclusive ownership of his REIT SEP Lincoln Trust Individual Retirement Account free and
clear of any and all right, title, claim and interest Wife, may have in and to said retirement
benefits.
(f) Dreyfus Account. The parties acknowledge that at the time of
separation they owned a Dreyfus Account with an approximate balance of Eighteen Hundred
Dollars($1,800) dollars. The parties agree that they shall take all steps necessary to withdraw the
funds from said account and distribute said funds between themselves on an equal basis.
(g) Other Accounts. Husband shall become the sole and exclusive
owner of the following accounts titled in his name alone, free and clear of any and all right, title,
claim and interest of Wife:
(I) Merrill Lynch Account;
(2) Citi Group Account.
The parties further agree that Wife shall retain sole and exclusive
ownership of the following accounts titled in her name alone, free and clear of any right, title,
claim and interest of Husband:
(I) Merrill Lynch Account;
(2) T. Rowe Price Mutual Funds Account;
(3) Vanguard Balanced Equity Indexed Account;
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(4) Pennsylvania State Employees Credit Union Savings and
Checking Account.
Moreover, the parties specifically acknowledge that Wife's Merrill
Lynch Account, Vanguard Account and T. Rowe Price Account were funded by gifts from her
parents.
(h) Husband's Commissions on Listinl!:s. The parties acknowledge
that Husband is employed as a commercial real estate agent and thus, is entitled to commissions
on his listings and that said commissions may constitute marital property. Notwithstanding the
above, the parties agree that Husband shall be the sole and exclusive owner of said commissions
free and clear of any and all right, title, claim and interest of Wife.
(i) Miscellaneous ProDertv. 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.
(j) ProDeJjv 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.
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(k) Pronertv 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.
(I) 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 ill 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 hannless from any and all such debts, obligations
and liabilities.
(m) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable 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.
(n) 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,
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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.
(0) Warranty as to Future Oblil!:ations. 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 debt, 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 attorneys fees, incurred in
the event of breach hereof.
6. WAIVER OF ALIMONY. ALIMONY PENDENTELITE. SPOUSAL
SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights
and claims which he or she may have now or hereafter by reason of the parties' marriage to
alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits
resulting from the parties' status as husband and wife. The parties further release and waive any
rights they may have to seek modification of the terms of this paragraph in a court of law or
equity, it being understood that the foregoing constitutes a final determination for all time of
either party's obligation to contribute to the support and maintenance of the other.
7. COLLEGE EXPENSES. The parties acknowledge that their son, Mark,
is currently enrolled and will commence his last year of college at Eastern Michigan University
in the fall of2000. The parties further acknowledge that Mark's tuition expense for the fall,
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2000 semester will be Four Thousand Dollars ($4,000) and for the spring 2001 semester will be
Four Thousand Dollars ($4,000) for a total of Eight Thousand Dollars ($8,000) in tuition
payments less any [mancial aid he receives. Moreover, the parties acknowledge that Mark has
an apartment rental expense of Two Hundred Eighty Dollars ($280) per month. The parties
agree that they shall each pay one-half of Mark's tuition and fees expense after deducting all
amounts he receives in financial aide for each of the fall and spring semesters. Said payments
shall be made directly to Eastern Michigan University within ten (10) days of the date of
execution of this Agreement. Moreover, the parties further agree that each shall be responsible
for one-half of Mark' s ongoing apartment expense for the months, August 2000 through June
2001. Each party shall pay to Mark, on or before the first day of each and every month that they
are obligated pursuant to this paragraph, the sum of One Hundred Forty Dollars ($140) per
month.
8. BRIAN'S MEDICAL EXPENSES/NURSING CARE EXPENSES.
The parties acknowledge that their son, Brian is currently physically disabled due to a
debilitating physical condition requiring ongoing medical treatment. The parties further
acknowledge that Brian is currently residing with Wife in the Marital Residence and will
continue to do so until such time as his physical condition improves to the point were he is no
longer disabled, or deteriorates to the point where he requires nursing home care. The parties
agree that for so long as Brian continues to be disabled, that each party shall be responsible for
one-half of the costs of Brian's uninsured medical expenses which specifically include but are
not limited to the cost of his chemotherapy treatments, doctor's appointments and in-home
nursing care. Moreover, the parties agree that should Brian enter a nursing home or other type of
assisted living facility that each shall be responsible for one-half of the uninsured cost of said
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care. In the event parties advance said costs prior to insurance reimbursement each party shall be
entitled to one-half of the insurance reimbursement when received.
9. MEDICAL INSURANCE COVERAGE FOR HUSBAND. The parties
acknowledge that Wife is currently providing medical insurance for Husband through her place
of employment. Wife agrees to continue to provide said coverage until such time as a Divorce
Decree is entered at which time her obligation to provide said coverage shall terminate.
10. COUNSEL FEES. COSTS AND EXPENSES. Husband shall within
thirty (30) days of the date of entry of a Divorce Decree in this matter reimburse Wife for one-
half of the legal fees, costs and expenses she has incurred in connection with their separation
and/or the dissolution of their marriage, and the preparation and execution ofthis Agreement.
Accordingly, with ten (10) days of the date of entry of the Divorce Decree in this matter, Wife
will provide Husband with copies of invoices evidencing the total legal fees, costs, and expenses
she has incurred.
11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
12. 2000 TAX RETURNS. The parties agree that they shall file joint
Federal, State and local tax returns for the 2000 tax year. Iftaxes are due each party, shall be
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responsible for the taxes due that are attributable to his/her income. If taxes are due to be
refunded each party shall receive that portion of said refund attributable to his/her overpayment
of taxes.
13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
[mal pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate ofthe deceased party.
14. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
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said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date ofthis Agreement with full power in him or her to dispose ofthe same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
other law of any other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party shall have any obligation
to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance,
16
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or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory ofthe United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
execution ofthis Agreement an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
15. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period offour (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
16. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
17. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
18. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be
17
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entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party.
19. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
oftbis Agreement.
20. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Stephen M. Dell
1006 Market Street, Apartment # 1
Lemoyne, PA 17043
and to Wife, if made or addressed to the following:
Judith W. Dell
2104 Beacon Circle
Mechanicsburg, Pennsylvania 17055
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
21. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
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22.
DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
23. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
24. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any ofthe terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
25. Hf:ADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
26. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
27. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
19
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and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
28. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
29. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
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ITH W. DELL
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BEFORE ME, the undersigned authority, on this day personally appeared STEPHEN M.
DELL 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.
IVEN UNDER MY HAND AND SEAL OF OFFICE this I LfJ~day of
,2000.
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BEFORE ME, the undersigned authority, on this day personally appeared JUDITH W.
DELL 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. jJ'l
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JUDITH W. DELL,
Plaintiff
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NO. 2000-5965 CNIL TERM
v.
STEPHEN M. DELL,
Defendant
CIVIL ACTION - LAW
IN DNORCE
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 9330I(c) ofthe Divorce Code.
2. Date and marmer of service of the complaint: Service by certified mail on September 1,
2000; Affidavit of Service filed September 7, 2000.
3. Date of execution of the affidavit of consent required by 9330I(c) of the Divorce
Code: by plaintiff, January 6,2001; by defendant, January 13, 2001.
4. Related, claims pending: All claims resolved by Marital Settlement Agreement of
August 15,2000.
5. Date plaintiff's Waiver of Notice in 9330I(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in 9330I(c) Divorce
was filed with the prothonotary: contemporaneously herewith.
Date: JC! JO/vL. 0 I
Cindy S. Con , Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Judith W. Dell
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IN THE CO'URT O'F CO'MMO'N PLEAS O'F CUMBERLAND CO'UNTY, PENNSYLVANIA
JUDITH W. DELL,
Plaintiff
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NO'. 2000- K9I..S CIVIL TERM
v.
STEPHEN M. DELL,
Defendant
CIVIL ACTIO'N - LAW
IN DIVO'RCE
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 by
the court. A judgment may also 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 O'ffice of
the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania
17013.
IF YO'U DO' NO'T FILE A CLAIM FO'R ALIMO'NY, DIVISIO'N O'F PRO'PERTY,
LAWYER'S FEES O'R EXPENSES BEFO'RE A DIVO'RCE O'R ANNULMENT IS GRANTED,
YOU MAY LO'SE THE RIGHT TO' CLAIM ANY O'F THEM.
YO'U SHO'ULD TAKE TillS PAPER TO' YO'UR LAWYER AT O'NCE. IF YO'U DO'
NO'T HAVE A LAWYER O'R CANNO'T AFFO'RD O'NE, GO' TO' O'R TELEPHO'NE THE
O'FFICE SET FO'RTH BELO'W TO' FIND O'UT WHERE YO'U CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT O'F 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JUDITH W. DELL,
Plaintiff
)
)
)
)
)
)
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NO. 2000- 5'1(, s" CNIL TERM
v.
STEPHEN M. DELL,
Defendant
CNIL ACTION - LAW
IN DNORCE
COMPLAINT IN DIVORCE
AND NOW comes Plaintiff, Judith W. Dell, by and through her counsel, Howett,
Kissinger & Conley, P.C., who states the following in support of the within Complaint:
I. Plaintiff is Judith W. Dell, an adult individual who currently resides at
2104 Beacon Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Stephen M. Dell, an adult individual who currently resides at
1006 Market Street, Apartment #1, Lemoyne, Cumberland County, Pennsylvania, 17043.
3. Both the Plaintiff and the Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding
the filing ofthis Complaint.
4. Plaintiff and Defendant were married on July 12, 1969 in Michigan.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States of its allies within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either of the parties in this or any other jurisdiction.
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7. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
8. The marriage of the parties is irretrievably broken.
9. The parties have lived separate and apart since in or about July 22, 2000.
10. Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
Date: /}r ~,wa}(X)
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VERIFICATION
I, Judith W. Dell, hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce are true and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
Date:
rtS /).E '60
tl~ti- w. [).dL
Pdith W. Dell
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JUDITH W. DELL,
Plaintiff
)
)
)
)
)
)
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NO. 2000-5965 CNIL TERM
v.
STEPHEN M. DELL,
Defendant
CNIL ACTION - LAW
IN DNORCE
AFFIDAVIT OF SERVICE
Cindy S. Conley, being dilly sworn according to law, deposes and says that she is an
attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the
30th day of August, 2000, she sent the original ofthe attached letter, with which was enclosed a
certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly
endorsed, to the Defendant, Stephen M. Dell, by certified mail, postage prepaid, return receipt
requested, restricted delivery, pursuant to PaRC.P. 1930.4, to 1006 Market Street, Apartment
#1, Lemoyne, PA, 17043, the Defendant's last known address, and that the return receipt card
which was signed by Stephen M. Dell, marked as having been delivered to him on September 1,
2000, is attached hereto and made a part hereof.
Cindy S. Coni ,Esquire
HOWETT, SSINGER & CO
130 Walnut Street / P. O. Box 8
Harrisburg, P A 171.08
Telephone: (717) 234-2616
Counsel for Plaintiff Judith W. Dell
SWORN TO AND SUBSCRIBED
be re me this 5th day of September, 2000.
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JOHN C. HOWETT. JR.
DONALD T. KISSINGER
CINDY S. CONLEY
DARREN J. HOLST
DEBRA M. SHIMP
Legal Assistant
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HOWETT, KISSINGER & CONLEY, P.c. .
130 WALNUT STREET
POST OFFICE BOX 810
HAJUUSauao. PENNSYlVAMA 17103
August 30, 2000
CERTIFIED MAIL NO. 70993400001475844403
RESTRICTED DELIVERY
RETURN RECEIPT REOUESTED
Mr. Stephen M. Dell
1006 Market Street
Apartment #1
Lemoyne, P A 17043
Dear Mr. Dell:
Re: Dell v. Dell
Enclosed for service upon you please find a certified copy of a
Complaint in Divorce filed on behalf of your wife in the Cumberland County
Court of Common Pleas.
Very truly yours,
J(:.
CSC/dms
Enclosure
cc: Judith W. Dell (w/encl)
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(717) 234.2616
FAX (717) 234.5402
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... 0 Print your name and address on the reverse of this form so that we can return this
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~ 0 Attach.this form 10 the front of the mailpiece, or on the back if space does Rot
GI permit. .
-S 0 Write. "Return Receipt Requested" on the mailpiece below the article number.
C 0 The Return Receipt will show to whom the article was delivered and the date
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JUDITH W. DELL,
Plaintiff
)
)
)
)
)
)
)
NO. 2000-5965 CIVIL TERM
v.
STEPHEN M. DELL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under 93301(c) of the Divorce Code was filed on
August 29, 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
I. 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 in 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. 94904 relating to unsworn
falsification to authorities.
Date: Jd.nLLarv 6) 200/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JUDITH W. DELL,
Plaintiff
)
)
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)
)
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NO. 2000-5965 CIVIL TERM
v.
STEPHEN M. DELL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
L A complaint in divorce under g3301(c) of the Divorce Code was filed on
August 29, 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 fmal 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 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. g4904 relating to unsworn
falsification to authorities.
Date: Ijro/l)j
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