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Home My WebLink About01-1970 FX . . :+: '" "';Ii . '" '" '" If. . . . . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . . . . PENNA. STATE OF . . . HENRY S. CRIST, . . . . . . . . . . . NO. 2001-1970 CIVIL TERM Plaintiff VERSUS DONNA H. CRIST, . . . . . . . . . . Defendant DECREE IN DIVORCE . . . . . ~2~ - 2005 ,IT is ORDERED AND THE COURT RETAINS JURiSDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated October 5, 2004, are incorporated in this Decree in Divorce by reference as fully!!S-if- ere set forth herein at length. Said Agreement shall not merge with but shlJllsfuVive cree in Divorce. . AND NOW, . . . . . . HENRY S. CRIST DECREED THAT . . . AND DONNA H. CRIST ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . . . .. "'''' If. "';t; :t; r~"'" ~""~r~ >, '^ .~. _ ~_ ".. I~T'l. "I ." "." 1'<.,. , , PLAINTIFF, , DEFENDANT, PROTHONOTARY . . . '" '" '" "'''' :t: ,.,'" Of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . " " f ,,/ ^"..-~-"' "" ~. O~ .7n~~1~~k 17~ fP ~~ 46>J-pIT) , . , ~ ~. ~ """""" ~. ,.,.,~""")~~"~ . L€ ~ fl'9'-E' JO. Cr:- ,'-:-. "' ~~ , " >-,~ '~~, ~, """--~,-,,,,,,'I&,, ~ "~- ~~jjf)!fflf~I~1'"~!iIl"'J!I\"IW~~~'~I"I'l~_~rJIIF!l.~,._~'l'!I__ "t\ ~_,~,,_,lf~ f- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY S. CRIST, ) Plaintiff ) ) v. ) NO. 01-1970 CIVIL TERM ) DONNA H. CRIST, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE 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 ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Hubert Gilroy, Esquire on April 12, 200 I; Acceptance of Service filed April 17 , 2001. 3. Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by plaintiff, January 1,2005; by defendant, January 1, 2005. 4, Related claims pending: All claims resolved by Marital Settlement Agreement dated October 5, 2004. 5. Date plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: / /J()!)(/ . ~ f2.!i4r arren J. Holst, squire HOWETT, KISSINGER & CONLEY, P,C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Henry S. Crist ""'~~1!'I!m' -~,~, I; I ~_ ~" _0, ...,- ~~-'F"~~~-~ '.""'''''''''''-''''l''''I ~ . 'Y _"'" _.eM .~'" ". """"*"'"'.'~'""""lilnr"T'~ '00 flrlij"0WfIY r--' g 1;"_rt ::I~, :P" ";:"-:1 5" o -n .-\ 7.3:..,'"';. n1p -0111 ~nC.' ~;1 ~~ ~~~;~ to) ?'itri '~-:-4 -I> :1J. ,......~ CI' !"D .or:::- 0:) ~ ~ i"'~ It:llfli'f.?, ."~Jjlli:Ni~QIJ_*~~W/iWl~Wl<'j\fl~'1ll!!""<"l~iiilI!-~~~f"""n"'-'-",,,>,~~";--"'-;;:"--'''~''F''_'-;;;"".>"w!~f,wnm,''''~~~fii~~~jlli!\l~iW~~ijfl'!i1 " ..' i, COMMONWEALTH OF PENNSYLVANIA ) ~ ' ) COUNTY OF "I XUJ r- h1,''Y'--- ) BEFORE ME, the undersigned authority, on this day personally appeared DONNA CRIST 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. ,2004. /.-....... Notary Public in and for: Commonwealth of Pennsylvania Typed or printed name of Notary: ~ . . lk.Jy,q HE)f"'n9~LI4.C My commission expires: .5- 7 - d cc (f' NOTARIAL SEAl DEBRA A rVANGELlSn Notary Public SUSQUEHANNA lWp,DAUPHIN COUNtY My Commllslon Expires May 7, 2008 26 - -~ . <<"., -,,~ '. , . .1"", - . I ".r , ~-" kir ,!/ll!IIII 1!I111\!ll1 ... ~-". ' .. .~ ~,. IHTlf .. . n ---I -r ffi:JJ r"- "TJnl ":UO ~s~ :~'5rfl :~ JO .< P 1....,,' 0 I.-':";::~ -~:-:..., ~n (,J'I -~ .-1 _l'~ -,~ ::TI :;Pl;' ic.:,'i :::;1,) . i'-~-' ,'"1 C'"! r - C) -.H ('~) ~,,,c:; \~n ~",C'I .--, -1::'- C .. ~:.~J ~,~.::: C) .< 3' ~L- 1lI!l~ ~~'llIlllIlIlm~I!lIIiIlIIl!llI~~;'II'W'If'l'~fflf'''''"''r,-",w:-,,,,,,,,,,,,,_';~Wr'fl",~~<;jJ;jjJi~~ifl'TIlIi~!W'~~~~llI!!'}!!i!IJ',,",' vs. IN THE COURT OF COMMON PLEAS 01< CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- JCJ70 C;u~l~~ HENRY S. CRIST, Plain tiff DONNA H. CRIST, Defendant CIVIL ACTION - LAW IN DIVORCE NOTiCE TO DEFEND AND CLAIM RllGHTS 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 the 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: Cumberland County Courthouse One Courthouse Square Carlisle, P A 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. IFYOU 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, P A 17013 (717)249-3166 800-999-9108 By ennis J. Shatto, Esquir Attorney l.D, No. 25675 III Locust Street p, 0, Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 , ...';..':':":-,,',:< - , < , vs. IN THE COURT OF COMMON I'LEA,S Ole CUMBERLAND COUNTY, PENNSYLVANIA NO. ()J- /970 ~ '1.tAA- CIVIL ACTION - LAW IN DIVORCE HENRY S. CRIST, Plaintiff DONNA H. CRIST, Defendant COMPLAINT UNDER SECTION 330I(c) OR 330I(dl OF THE DIVORCE CODE 1. Plaintiff is HENRY S. CRIST, who cunently resides at 2311 NOIth Front Street, Hanisburg, Dauphin County, Pennsylvania, 17110, since June 12,2000. 2. Defendant is DONNA H. CRIST, who currently resides at 711 Hillside Drive, Carlisle, Cumberland County, PelUlsylvania, 17013, since 1983. 3. Both Plaintiff and Defendant have been bona fide residents in the Conunon- wealtll of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4 The Plaintiff and Defendant were manied on December 23, 1964, at Carlisle, Cumberland County, PelUlsylvania. 5. There have been no prior actions of divorce or for alU1Ulment between the plUties. 6. Plaintiff has been advised tllat counseling is available, and tllllt Plaintiff may have tile light to request that the Comt require the paIties to palticipate in counseling. COUNT 1 - DIVORCE 7. The avennents of paragraphs 1 tlu'ough 6 are incorporated herein by reference. 8. The mlUTiage is inetrievably broken. 9. Plaintiffrequests tile Comt to enter a Decree of Divorce. ~J:. ,- ~ ,~. - _ J~:~.,_.":~: " -,1A>.~1 ;','1 ~~ - ,~ ~ WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce in his favor and against Defendant. COUNT ll- EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 10. The averments of paragraphs 1 through 9 are incorporated herein by reference. 11. During their marriage, Plaintiff and Defendant have acquired marital property which is subject to equitable distribution under the Divorce Code, 12. Plaintiff requests that the marital property be equitably distributed between the parties, WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an order for the equitable distribution of marital property. I verify that the statements made in this Complaint are true and conect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities, Dated: J - 7~ ~ (1/ ~ ~t:Y-- HENRY S. CRIST - Plaintiff By ennis J. Shatto, Esquire Attomey 1.0. No. 25675 III Locust Street P.O. Box 11847 Hanisburg, PA 17108-1847 (717) 238-1731 Attomey for Plaintiff ....~ ....~ '~'.""'''D (:(:.'.~ "'. ~ ~- . ~ tI\ _ , _"J~:V.:.u,;." I~""~ _I~ "~ . 'n',; - ~ p" "'~,~. --~ ~~,u~_, ,-- - ~--,'''P. -~~--,~ -~-, '-"'-~"--'''''''' --"",~,',. 2,,-'''''', ~ """"",*.".r.='ttnl-,o,.lillr~"]oot' ) 0 ~ - ~ / 'l ..() ~ ~ h ~ h ~ C) c; & <::: ~ c1 () a 8 ~ .,-..::- n,. C> ~g~~: ~-;'J Q, :z:: :::~ ::.'(.~ ~ lrt I , ?J:: ~~ ~ ~ -v ::D ~ ~.:::~ D Ii ~ ~t~ "i": r ~;j ~ ~ ~ - ' ?~ ::-,;:l ~-:) ~ -< h.::> -<. '-' _ "~~kll ...y.JJlI!!I!l.,.,. ,~~W'.l'1!"1 ~_~ ~.'i]~l!!ll!~I~Fl'ji(i%~'~'\;'l<'r''''-.' ,",j,",;f',r;;h'-"""',;;;,,";,"4JC~!II"ffl!I~iii.":;j~i-Jfl!i'\%~Jf'j$li<f1~m,^~!I'~.~~~~,,';:;J~lN , HENRY S. CRIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1970 CIVIL DONNA H. CRIST, Defendant CIVIL ACTION . LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of the defendant, Donna H. Crist, and certify that I am authorized to do so. Esquire Dated: 1f ![~! ot 4 North Hanover Street Carlisle, PA 17013 ,. --"-'~'_4t , 'j"-, - "':'-1- r---. -~T';:I --,-~- - " ~. 1;: -,., _~'1 !.~'\ . "~f'''''' '\j '~""""""'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA HENRY S. CRIST, ) Plaintiff ) ) v. ) NO. 01-1970 CIVIL TERM ) DONNA H. CRIST, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on April 4, 2001. 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 [mal 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: J~ t. ~_s . $~~ Henry S~st, Plaintiff ,;:ti~~~~, T- --'-I, 0< ,~"'~"~e"'""",~"*,,, ~ -~ "'~'. ~,_. ~--. .' '.<"."0'- -,-_. ~,~ ~ --"""'<:"'.0>'" '~"'lttIJ~r:i:vrr~rt' !5 ~. ""-1 ~:g ,~E~ (') -1'1 i-; i:;;:~ 1 ::n ,- ',<'':"'rTl :~? >:;fd :~~:~~ ,-."rq '.j :J;:.! .-.0 -< 6"'-,' -):"~ ""'0 :,T: o l'",:$"~~" 1fT! _ J ~~~~.~ ~"'I'I_~C'!!i~I'J''llilffl!WiJl~ij!l)1~Ilil'>'il!f.jiift;'iWWXC'''''lR'l'''l'''<!m"q',:-,w:,,,,,,,,~,-,,:;-. ';'i --"",f: "tcwr"H_;r-4"~~~J!!~ZIfi"'~fi@ji'!-~T-,jDn:l',~~~~!~\iJ.1~tW" IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY , PENNSYLVANIA HENRY S. CRIST, ) Plaintiff ) ) v. ) NO. 01-1970 CIVIL TERM ) DONNA H. CRIST, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on April 4, 2001. 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 &330Hc) OF THE DIVORCE CODE 1. I 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 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 t.1,.e 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. Dateo~ / O{iJVS I ~J~ Jt.~ Donna H. Crist, Defendant -'h?~,~ ............1' ~- I ~~-'~'f'''"'' ~ ~ "" ~-.", !i " ~ ,". ~,il!i~i~_,,_~__ ;{s e;U ~ - . " -" ",' "-hr" _~ .' ."~..,=~ l_~ , ~M!!IJj~~~~",)I~fl~~ "''il''~,I~~''''' _:',*"'''lo.''_''ill'<,~ic;~i1'*.\!i~,'';;'~}V!,IF'' ,- """" }'1,"~;;"'O . '.''';'~-'i-''';''---' "~,-", -',' ~, ~,"'o ,"" r -n"'lnlrJtlriir o "tii .', () -11 -::I ;r'if.9 -r::Cll :"iJ10 'l(.l, -1 ~-'" ",'-'-n ~R ~Jj ..< ',- c::..') '''"J -",-".,,-" 'E"'r:'"A,,"lij'''''H~:I','!jF.;;. "'''''''''-'-'''"'i:g&,~il~OWl'[j;'~~fil , .. ' , J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY S. CRIST, ) Plaintiff ) ) v. ) NO. 01-1970 CIVIL TERM ) DONNAH. CRIST, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE AND NOW, this V- day of ORDER ~005, the within Motion to Seal Marital Settlement Agreement is hereby granted, and the Prothonotary is hereby directed to seal the Marital Settlement Agreement. ';,1;:.1<.. w , . p, II, " I I '"""" ~~~--~".~, -= .~-, ~ -" ~ , "~_ ~. ,~,~~_ H .~-" - '-,.. "~-"",, " --)OJeej F Pifr':" ~/ "VINV^,-lASNN3d AlNnOO Ot.;'V7!:1leWno 91 :~ Ud ZZ ~VIHOOl lil:JVlONOH!.O!:kJ :1H1. .:lO 3D!:!:!Q-{)311.:/ tfj. ~ ~~'h i"'1'''~,'M~Y.''C'', l~~__. ~A~illl~~ ~m~iffl'II-,~i;" 11lIllI!!iWiilim.!ttI!'ljlliJiW~~ _ _ .';_'-_l'C,_, ", "m _0""'_, ,'~ ','F!'!i""~_'_;"""'j#""-<"'",1,'r,)"-"" , ., , ... . !. ~ -,' ""'7i"!i~"1>"'''''fmi'i'i'f'',I~N!!;~t-'lj!''F; \ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA HENRY S. CRIST, ) Plaintiff ) ) v. ) NO. 01-1970 CIVIL TERM ) DONNA H. CRIST, ) CIVIL ACTION. LAW Defendant ) IN DIVORCE MOTION TO SEAL MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Plaintiff Henry S. Crist by his attorney, Darren J. Holst, Esquire, who respectfully represents that: 1. Plaintiff and Defendant entered into a Marital Settlement Agreement on October 5, 2004. 2. The terms, provisions and conditions of the parties' Marital Settlement Agreement are to be incorporated in their fInal Decree in Divorce by reference as fully as if the same were set forth therein at length. Said Agreement shall not merge with but shall survive their Decree in Divorce. 3. The undersigned requests that this Honorable Court seal the parties' Marital Settlement Agreement for the following reasons: (a) There is no governmental interest nor societal interest that would be served by granting public access to the financial settlement terms agreed upon by Plaintiff and Defendant; and (b) Said agreement contains highly personal financial and other information about Plaintiff and Defendant the disclosure of which could be detrimental to their interests. ,~~~~ '"'-1'1 11 'I', -- -,,,.,,..,. -t' - 4. Lori K. Serratelli, Esquire, counsel for Defendant Donna H. Crist, joins in this motion and has authorized the undersigned to so state. WHEREFORE, Plaintiff respectfully requests that this Court enter an order sealing the above-referenced Marital Settlement Agreement. Respectfully submitted, Date: ! /lJO lor ~-;~- (j ;)AI Darren J. H~t, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Henry S. Crist !,,!.'~ I~' 1- ,~~-.~"'.~~-~ .. .- '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY S. CRIST, ) Plaintiff ) ) v. ) NO. 01-1970 CIVIL TERM ) DONNA H. CRIST, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Henry S. Crist, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Motion to Seal Marital Settlement Agreement was served upon Lori K. Serratelli, Esquire, counsel for Defendant Donna H. Crist, by depositing same in the United States mail, fIrst class, on January 20,2005, addressed as follows: Lori K. Sereratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 Date: Iti) It/ C ~- (/) Jj/~I Darren J. Holsy(Esquire c/ HOWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Henry S. Crist ," ~ """: IP!l ",_~. ",,-or '. - ~ ~~ ~ ~_H .. " "~ ,. t5 RJb ",,~,~.- ,~~. .. !mlrMllJ:JlIllIIli!:~~m~~_"'IilIlIi\1ll'!~ ~ ~e"""",o,"M1i~I11l'!il~'f.l'Jp11f~"il"'<' -"~'"~ "'h~"",!,f'''\-oti;y-;:' P""''''.-r'~ n _" .. '''''" , ~-~"'~'--",-,' - , .' (l , "', = C'-) e,;:, - -"~~ J;;C" ::CU ~~ ri1p;! -orn :~JO J' j~~ f~ ~~ o -n u' ~,... ~~. V? .;::- O:J ,-, ."-'><i'FHo'i-~1 '~f"',j'i"iF.' ""f;' ,q-,,,,,,,'i~T"\:;!:llR:t@wtl~flli!'ll~ , . fES 0 8 20051 r Henrv S. Crist Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA VS. NO, 01-1970 Donna Crist Defendant CIVIL ACTION - DIVORCE .~UALIFIED DOMESTIC RELATIONS ORDER AND NOW, this l S day of ,J"C/I1 (AM / _, :Jto< the parties, Henry S. Crist, Plaintiff, and Donna Crist, Defendant, do hereby Agree ait Stipulate as follows: L This Order relate; to the provision of marital property rights to the Alternate Payee as a result of a Property Settlement Agreement between the Participant and the Alternate Payee entered into on October 5, 2004. 2. The Plaintiff, Henry S. Crist, (hereinafter referred to as "Participant") has in effect the following Individual Retirement Account with Bear, Sterns Securities Corporation, One Metro Tech Center North, Brooklyn, NY 11201: Individual Retirement Account for Henry S. Crist Account No. 405-96012690 3. Participant's date of birth is July 16,1940, and his Social Security number is 234-62-8942. 4. The Defendant, Donna Crist (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is July 11,1942, and her Social Security number is 206-32- 2043. 5. Participant's last known mailing address is: 2311 North Front Street, Apt. 918 Harnsburg,PA 17110 ::~"'l:il",,,.~ ~~ QDRO Page 2 6. Alternate Payee's current mailing address is: 12 Kitsel Drive Carlisle, PA 17013 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA with Bear, Sterns Securities Corporation, Account No. 405-96012690 previously referenced is marital property. b. That subject to the finalization of the divorce and the execution of the documents required by Bear, Sterns Securities Corporation, $460,000 shall be awarded to the Alternate Payee. c. The amount designated in Paragraph 7(b) shall be paid directly into the following Individual Retirement Account: Individual Retirement Account FBO Donna Crist Account No. 63070702 PNC Investments 4242 Carlisle Pike Camp Hill, PA 17011 d. The parties are directed to timely submit all documents that are required to finalize this Order. _",I~.~, .-r !" ~ _ "1'."1" f , .QD~O Page 3 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. Accepted and ordered this <6 day of CONSENT TO ORDER: r PLAlNTIFFIPARTICIPANT . ~~~ t.;t SIgnature .J"-'1 2. $.< 2.. e-t S Date ATTORNEY FOR PLAINTIFF/ PARTICIPANT "2- '},JJfiI //J-j !oJ Date ' I ;-".1:),. , , .", """, \~,<r" ~, ~,... Judge DEFENDANT/ALTERNATE PAYEE C:X~.tl~ Signatt~." ~ .' ~f)--rf5 Date -0--- ATTORNEY FOR DEFENDANT/ ALTERNATE PAYEE . .~ ~._.kM Sign;Jtir . 'f-I ~ ......lIIlIlIIl cu'\,-;. " , lr~~ J 'c OF FJLED~nJ;:cirw- TLIt: 0" ~: j It_,;:: .r;;... I 1~,r)I'..;r.! ,_.......~. "--1' '(-,-\\_.i:!tf1Y 2f1nr; 1:"8 'J"'v f ,t~ -00 ,..", ^ rh ,j: 18 c 'Pc:;.' ,1i\fTY ,~>j3';'L Vl,O\~,4' , , .jf,-' ~v -.,"- ,- >~ --'~"--, .~,~",--",,~~ , ", Ml.:II!m.= ~,_h,. ,,. II'Ill ,~JmII"illIlqwl~~~jllill'lll'lil;~1m!lllM'.;sIItWll~!Il'I~IV.liE1l!'i!~ _" I ~.-"'-< ".- ~" - ,) n~) ~ "0' lp""",~...I!'JWIl~ > HENRY S. CRIST : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 01 - 1970 VS. NO. CIVIL 19 DONNA H. CRIST : IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: tvrD" rYT. j.,~ :_';;l'~,(,""",. .-.-r" r. I ,~-~ ,~.--" HENRY S. CRIST, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1970 CIVIL DONNA H. CRIST, Defendant IN DIVORCE TO: Dennis J. Shatto , Attorney for Plaintiff Lori K. Serratelli , Attorney for Defendant DATE: Friday, August 15, 2003 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"~"'1!1;,\U'''''1 ~ _, 'r' I 1:, ~, . . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. NOTE: ~c"'~ ~ DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT 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. I ',- ^ ~ , I,',' LORI K. SERRATELLI 17'17) 540-9170, Ext. 105 Iserrate! I i@ssbc-Iaw.com SUITE 201 2080 LII\'CLLSTOWN ROAn HARRlqlURC, P^ 17110-Y670 FAX (717) 540-5481 , ';~_:r~1 ,~, August 26, 2003 E. Robert Elicker, II, Master Office of the Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: HENRY S. CRIST vs. DONNA H. CRIST NO. 01-1970 CIVIL OUR FILE NO. 02-405 Dear Master Elicker: Enclosed please find Defendant's Certification relative to discovery in the above-referenced matter. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN, BROWN & ALHOON, P.C. LKS/ted Enclosure cc: Dennis Shatto, Esquire Donna Crist 1--, " - Cb/~110~ HENRY S. CRIST, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1970 CIVIL DONNA H. CRIST, Defendant IN DIVORCE TO: Dennis J. Shatto , Attorney for Plaintiff Lori K. Serratelli , Attorney for Defendant DATE: Friday, August 15, 2003 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. 1. A voluntary request has been made for explanation of the marital debt at separation, including balances at separation, and what purchases or services were rendered on those credit accounts at least six months prior to separation. 2. All charges incurred on credit cards in possession of Dr. Crist since separation with a detailed explanation of the reason for each charge incurred since separation and what payments have been made thereon. = .'~ I, '-1" -" ~ ~. , (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Defendant estimates that discovery will be complete within the next 30 to 60 days. rfj,::z to I 0 ~ DATE C EL 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. '';;;'' ~~ I ,~ CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on August 26 , 2003, I served a copy of the foregoing upon the Plaintiff by depositing it in the United States mail, postage prepaid, addressed as follows: Dennis J. Shatto, Esquire CLECKNER AND FEAREN 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 W' Lo Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 -,-~'f .\ W.,,_, ." I'; -]^, . .! ~ /( ,o?{f/ , DENNIS J. SHATTO ANN E. RHOADS CLECKNER AND FEAREN ATTORNEYS AT LAW 119 LOCUST STREET P.O. BOX 11847 HARRISBURG. PENNSYLVANIA 17108-1847 TELEPHONE: 1717) 238-1731 FAX: 1717) 238-8481 OF COUNSEL R08ERT D. HANSON RETIRED RICHARD W. CLECKNER WILLIAM FEAREN September 2, 2003 E. Robert Elicker, II, Master Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Henry S. Crist v. Donna H. Crist No. 01-1970 CIVIL Dear Mr. Elicker: Enclosed is Plaintiff's Certification regarding discovery. If anything else is needed, please advise. Very truly yours, DJS : lnm Enclosure cc: Dr. Henry S Crist !'5"!. ;'-~ . " !-.;:' :-- .1: .1 HENRY S. CRIST, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1970 CIVIL DONNA H. CRIST, Defendant IN DIVORCE TO: Dennis J. Shatto , Attorney for Plaintiff Lori K. Serratelli , Attorney for Defendant DATE: Friday, August 15, 2003 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. Defendant has made a request, by letter, for certain information. Plaintiff does not expect to engage in any formal discovery '~ , I'; . J (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~~ DATE ()( ) ( ) COUNSEL COUNSEL 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. .~~ - I' 1': , , CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person(s) indicated below, by depositing same in the United States mail, postage prepaid at Harrisburg, Dauphin County, Pennsylvania, this 2nd day of September, 2003. Lori K. Serratelli, Esquire Serratelli Schiffman Brown & Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9670 By Dennis J. Shatto, squire PA Attorney ID #25675 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 "-,- ,-y.> ~-<,,/-,;,,: "":-:;G,.,';~-" .'.,..'..,'.,1.,. k .. L.I I r LAW OFFICES OF HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 JOHN C. HOWETT, JR. DONALD T, KJSSINGER CINDY S. CONLEY DARREN J. HOLST DEBRA M. SlUMP Legal Assistant March 9, 2005 Ms. Traci Jo Colyer Office of Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Crist v. Crist No. 01-1970 Civil Term Dear Traci: Enclosed are two copies of the Marital Settlement Agreement in the above-referenced matter. Thank you for your assistance' with this matter. ~ _S~ Enclosures :,. ~ , _ _ -~ o. _ ',., _.,___,.".~ ,.. ~ __, _. "~ .._~~,', " ,~ ,,~_,I ~_ ~_ ~ ~. .. . .- (717) 234-2616 FAX (717) 234-5402 . HENRY S. CRIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-1970 CIVIL TERM CIVIL ACTION - LAW DONNA H. CRIST, Defendant IN DIVORCE PRAECIPE please withdraw the appearance of Hubert X. Gilroy, Esquire, as attorney for the Defendant in the above-captioned matter. Dated: }i{:JS{ O'J C7}I Hubert X. Gilroy 4 North Hanover treet Carlisle, PA 1 013 Please enter the appearance of Lori K. Serratelli, Esquire, as attorney for the Defendant in the above-captioned matter. '1 \J1l bd-, Dated: ~O~I Lo' Serratelli, Esquire S RATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 "': ~ -, -Ct, I"" ~,,' v"- - 1"1 " "_,r-"''',,''' . , . ~ . ,~,__"., o~. . ~. ~,"'-, .';,'0',-' . ~~~1 .,~ n~ "" ~ ~'~"""'\)~, ""~ ""' "".""""'~"'--""'~ll!t'" '!'''"lt~ " 0 0 C ''-> 0 <- "'i', U-,:c.~ 0) !11~'; r'1 _~,J -::;:.1" "u ~'i"'i :tJ Z:~~: w c- O) ~." j';f'f'/ ;$2" <:::> ~}6 ~tJ ,') V ~ \ )> I:=R 20 ::'3::: ;;;;0 SY S\3 C (5"11 Z 0-/ ~ U1 55 '-' -<; ""W1"f"","~ -' '~~""'7-'". '''- ~ ,r ""_",,,~q ,f!!!l~~,~~A1!m""W"'~"""-'l'~~rl"',,'~u~.'m,,;w'~'WW',~fI!!1lJ~I~~~~; I)[ THE COURT OJ, C:OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY S. CRIST Plaintiff CIVIL ACTION - LAW IN DIVORCE vs. DONNA H. CRIST, NO. 01- 1970 2001 Defendant Henry S. Crist a master with respect to the ( X) Divorce ( ) .!,nnulment ( ) Alilllony ( ) Alilllony Pendente MOTION FOR APPOINTl1ENT OF MASTER (Plaintiff) (~~~~KaKK~), following claims: moves the court to appoint Lite (X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointm<mt of a master is requested. (2) The defendant (has) (k~sxRBt) appeared in (by his attorney, Lori K. Serratelli, (3) The staturory ground(s) for divorce (is) irretrievable breakdown (4) Delete the inapplicable paragraph(s) : (a) X!lbeclOO.~XXil(XllIi{XXli:lIl!ll;l;Jllli~ (b) lMO~~<<O:I!(Xl\l{iI(XXlllt!llXX'le)P;)l:e~X~~XIl!XX1l4x<< the action (~~xx~) ,Esquire) . (are) fJlU1M.ilJl&x#~ (c) The action is contested with respect to the following claims: equitable distribution of marital property. (5) The action (involves) (lililg15xmoJtx~) complex issues of law or fact. Date: (6) The hearing is e.."qlected to take 2 Qhrnms) (days). (7) Additional information, if any. relevant to the motion: t-f--n mo=~ ~) ORDER APPOINTING ~lASTER , AND NOW~' 1._ I U ,M-J&6 s;: ,,/€.__t..LAf ~4v is appointed ter with respect to the following claims: , _ - ~ Esquire, By the Court. ( f'.J ,?f "-(;"-", --,- L.,. , , ' 1'., - HENRY S. CRIST, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-1970 CIVIL DONNA H. CRIST, Defendant/Petitioner CIVIL ACTION - LAW 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 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 the 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 CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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. YOUR 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. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 'T. ~ o/':! ~" 0 ,. ';1.' ."," . I, : " 1 . ~ '" c,. -. - 11 .--;1 _'J ;""'-,,". ", . HENRY S. CRIST, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-1970 CIVIL DONNA H. CRIST, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETIT!ON FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS AND NOW COMES, Donna H. Crist, Defendant/Petitioner in the above captioned action, by and through her attorney, Lori K. Serratelli, Esquire, who petitions this Court for alimony, alimony pendente lite, counsel fees and costs, and avers as follows: 1. Petitioner/Defendant is Donna H. Crist, an adult individual residing at 711 Hillside Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent/Plaintiff is Henry S. Crist, an adult individual residing at 2311 North Front Street, Harrisburg, Dauphin County, Pennsylvania. ~ r, I":",,, ; 1- ,c,,__, --I:,.j','h., '1 "I 3. Respondent/Plaintiff filed a Complaint under Section 3301(c) of the Divorce Code on April 4, 2001. COUNT I ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 4. By reason of the institution of the action to the above term and number, Petitioner/Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 5. The Petitioner/Defendant's income is disproportionately lower than the Respondent/Plaintiff's income, and Petitioner/Defendant is without adequate funds to pay the costs and expenses of this litigation, and is likewise, without adequate funds to maintain herself during the pendency of the litigation. 6. The Respondent/Plaintiff is employed by Carlisle Pathology Associates, and earned approximately $280,000 gross in 2002. 7. The Petitioner/Defendant is unemployed and has not worked outside the home for 25 years. !''''''''-' ",,,, ,,-"ll"'_'i," h..,e "-:'1',' 'I": ,.- ~- ,~ ., WHEREFORE, Petitioner/Defendant prays that your Honorable Court grant an Order upon Respondent/Plaintiff to pay your Petitioner/Defendant, alimony pendente lite, counsel fees and costs of litigation. COUNT II ALIMONY 8. Paragraphs one through seven are hereby incorporated by reference herein. 9. Petitioner/Defendant is unable to adequately support herself through appropriate employment. 10. Petitioner/Defendant lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Petitioner/Defendant prays that Your Honorable Court grant an Order upon Respondent/Plaintiff: ,i!~,_, , '-", -',_.,'.,,---,,- '--1 r, ~",~"C~_,~' 1.;'[-' ,. 1- (a) Compelling the Respondent/Plaintiff to pay alimony to Petitioner/Defendant; Respectfully submitted, ~~. LoriYK. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner/Defendant +,."., ,-.-- _, "'~' ',_" .,,__ ,,, F I"':,^-, '1 I' VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date'r S- cHu-3 ~.II (l~ Donna H. Crist ~- - ., .. <-.' In, ,'- ' --I .- -~-, I"', - 1- CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on J.:J13Io.3 , 2003, I served a copy of the foregoing upon the Respondent/Plaintiff by depositing it in the United States mail, postage prepaid, addressed as follows: Dennis J. Shatto, Esquire CLECKNER AND FEAREN 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 Lor' . Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 -, 5 " _.~ ,,~~ ^' _" I , -;- 'f-' ,_x__ ~ ~ >',~~ ""- I r ,_ .~ " _, ~>~r ~,~ ~ ~'_"""~ _ ~~ '111 ~~_~ ,J, _IT!" - ,~"- ,. cCC ""C,"",,,, "..""",,',,- ""''''lli'lilnrW'' 7? (0 ~ ~ 'i 0 () C> ~ f; w ~ C "'Om , <::: ~."1 mn: ::r: () ~:c: ;;<= ""1i"'7 - W n 05~ N ~:1~ Lv ~ -:$ "," ..j::'" ::r) 0 r:'.e:.- ~ ~ ~ ~ .-c C){.l. J>(-." -t) ~;:!.;? Z'" ::r.: :~*-ri sA ',1M D .;~ ~ c: - i3 r z .., ~ --< =< 01 35 q?E (:0 -< Vi -f- ~ ~~"llI1ij'"~I'Im<1.!Wl%':l"~r"l'I"o'li\!il"!?~,"ffi'11"1~~~f!tlt!~JIlf'~WI~~ DONNA R. CRIST, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE HENRY S. CRIST, Defendant/Respondent NO. 2001-1970 CIVIL TERM IN DIVORCE Pacses# 164105774 ORDER OF COURT AND NOW, this 3,d day of October, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 29. 2003 at 10:30 A.M. for a conference, at 13 N. Hanover St, Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return. including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10-3-03 to: Petitioner < Respondent Lori Serratelli, Esquire Donald Kissinger, Esquire l} l-.;JL~ R. J. S~dday, Conference Offic-;-- (1 " ,,i' Date of Order: October 3. 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VB. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ,~~'"' . ~ .~.. :""-" " r~-:'!- l' I .~ u~J~ , 1'- L~ I ~~ 1 ~~ ".~ ' "~"~ ,,' -~''''~, ." '-,~'"",'" -~- ~ _w"",,~ ~''1' T rn '''''-~tll -- ,:-0(" n j"-~ 1=; ct () 0 0 C COO': -T: s:: 0 -ace' (") --, n1rT; -I ,..;:;0. Z:.-C I rn ze- '-r; i.:;) G-0,d:_ G~ -<...:. ._~;(-:) (2C -0 ,'--.-, ?C ",",e g~~ 7-< --( , ~-? Pc z >!".....) ~~ :2 ':D -..I -< 1~~""~"",_..,__~~JJff:\i_'P'iW~~~__"'''m'''Il'!'1!4"''I'l:l':W~I!l~!i!.i\}''f''''lil"",~,,,o'-~-'''''<!;~i''''''''''!''''=''':"''; !' 'i_:'''~'''''f.'l\>~''''9}'R~I\W;fl'il~''',*, , ',,,,_,,. '.~"'''_'_'"''''''~:"",;:;1",~_^,,,''!wr'~- DONNA R. CRIST, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE HENRY S. CRIST, DefendantIRespondent NO. 2001-1970 CIVIL TERM IN DIVORCE Pacses# 164105774 ORDER OF COURT \ AND NOW, this l8,h day of March, 2004, upon consideration of the Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R,J, Shaddav onMav 4. 2004 at 10:30A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.II~ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 3- I 8-04 to: Petitioner < Respondent Lori SerratelIi, Esquire Donald Kissinger, Esquire 71 '4L R.J. Date of Order: March 18. 2004 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 :.~,..,,"" J"..:-:i,~' .......,~ ,""~i " !f,~"J,.~, ~ I. , . III ~ ,,- ~w>~ ij ''''II!!'- "'1: ~. " ~t ~ :" \,''', \ ,.,....''',., , '- . -~ --"'_~h" ~-'"< ", - "-', h"" .,H. .'l-----'J 1if'li'fHi~,(ifi'"f"~_"~li"'r'~rot;1(:'\Y'':.-~''lh~ \ ~.~I ::. .:~~f.. n. c!- f;>: 'C::!: C) '" 0 c.=.- = -0 - .c- ~;;~:. -, .--" :L-n :j~'" nl;-..o :,,? -Orn -DO CO b" --,() ~~D ~:() (.,.) :.~)l-r~; :--'1 .&:-' ~; ...( N :.< \.0 ~, ~I!li_ _",_~~..~I'\ll>__~;~IIII~~;-"lH'*''''''A''''I'''>i'iW.'w',-' -""--'~C1-"=;"Y"'''''\'~''''''f~'''''"''''''''''_~)'1>'!'''~1',~''-';''''~~"W/!~'!'ffINl~~!tI'iI'!~J . . HENRY S. CRIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1970 CIVIL DONNA H. CRIST, Defendant IN DIVORCE ORDER OF COURT AND NOW, this / () 'IlL day of '"k~ 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 5, 2004, 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, cc: Donald T. Kissinger Attorney for Plaintiff Lori K. Serratelli Attorney for Defendant ",,"' - "~,,--, .y'-,,-,-",,' ,~, oJ,_",:, <:"'1 -,~, ~ -~ I r- .~- - _ , ~_' ~ l 1it! / ar; , lX..~?fi .' II ; vI" L, ~,""",!!'!'"'t", I!!'!'" . ~'~7' ,. ".<'. ~ ",H -," -,,' , ;'-' . ><;-" ,'" ',,,-~' ,"-,~ '"ie" -~,' -'-'''"'It'''E''''i'':-''ff-l''fiiiML''ftf ,,\. ,- 'c.':'tTY' t . f ,< y,~;,:!:,),~;'i~~\",\\8 1.\,\\\\-", t..J., -,'1 \ .- () \ ij~~\ S(\U~ t2 :2 14,:\ , ," "JMl:'D 1.,t1\OHOr'.lO'O';i~.4\ ,,-- - ..,,,\11 "\j:l"~ :),)0.'. .. .", >"~~~.,,,: _.~".,J~~~>(\!ltl'!W1!1Jlll<,18i11'~~W!~il'@~~W:i!I\'W~ "'_,,;, ,~'l!!jIfF r . . MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN HENRY S. CRIST AND DONNA CRIST Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P,O. Box 810 Harrisburg, PAl 71 08 Telephone: (717) 234-2616 Counsel for Henry S. Crist Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Ste 201 Harrisburg, PA 17110 Telephone: (717) 540-9170 Counsel for Donna Crist "'ih ,A,n ,,"~= , '-I,., rl p "~, . \;i_~ _' , . I t MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 5d day of (')c~ , 2004 by and between HENRY S. CRIST, of Dauphin County, Pennsylvania, and DONNA CRIST of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Henry S. Crist (hereinafter referred to as "Husband"), social security number 234-62-8942, was born on July 16, 1940, and currently resides at 2311 North Front Street, Apartment 918, Harrisburg, Dauphin County, Pennsylvania 17110; WHEREAS, Donna Crist (hereinafter referred to as "Wife"), social security number 206- 32-2043, was born on July 11, 1942, and currently resides at 12 Kitszel Drive, Carlisle, Cumberland County, Pennsylvania 17013; WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 23, 1964 in Carlisle, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about June 12, 2000; WHEREAS, four children were born of the marriage between the parties, all of whom are emancipated; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, 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. , - ~ I" , - I , :";"",,,,--. "- ~ . I 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. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Lori K. Serratelli, Esquire for Wife). Each party fully understands the facts and his or her 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 understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property 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 equitable to each of the parties, and waives his and 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' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 '1'1_" " ..~ 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 Pennsylvania 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, 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 \1," ~ - '-,-- 1-, I-I' -I" '1, ,- - 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 acquired 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. The parties acknowledge that, on April 4, 2001, Husband initiated a divorce action under the no-fault provisions of the Divorce Code by filing a Complaint docketed at number 01-1970 Civil Term in the Court of Common Pleas of Cumberland County. The parties further acknowledge that the ninety (90) day waiting period provided for under g3301(c) of the Divorce Code has expired. However, the parties agree that a decree in divorce will not be entered any earlier than January 1, 2005. Therefore, on or after January 1,2005, the parties agree to sign Affidavits of Consent and Waivers of Notice and deliver same to counsel for Husband, who shall take all steps necessary to secure a divorce decree on or after January 1,2005. 4 '.:';;~''''' ,,,...., < II I'!,- r , , , ;:J'i . . 5. EOUlTABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that the Marital Residence, was sold and the net proceeds thereof, including any escrow refund, in the total amount of Seventy Nine Thousand Three Hundred Twenty Eight Dollars ($79,328.00), have been given to Wife. The parties agree that Wife shall receive said proceeds as her sole and separate property, and 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 proceeds from the sale of the Marital Residence. It is understood by the parties that Wife utilized said $79,328.00 to purchase her new residence; accordingly, Husband waives any right, title, claim and interest in and to Wife's new residence. (b) Furnishings and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty previously located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, 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 her possession. Notwithstanding the foregoing, the parties agree that Husband shall receive, as his sole and separate property, the following items currently in the possession of Wife: 5 '."'-' I~ 'I. , ,..- . , (i) The silver (4 place settings and any serving pieces, knives, etc.) given to Husband by his uncle, Guy C. Crist; (ii) The two American Indian bracelets; (iii) Access to all marital videos and C.D.'s for the purpose of making copies and (iv) Any personal effects remaining in Wife's possession. Wife agrees to retain said items until such time as Husband removes them. (3) Except as otherwise set forth herein, 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 retain possession of and receive as her sole and separate property the 2002 Acura automobile currently titled in Wife's name, along with all rights under any insurance policies thereon and with all responsibility for paying said insurance, free of any and all right, title, claim or interest of Husband. Husband agrees that he shall be solely responsible for payment of any outstanding indebtedness pertaining to said automobile, and he agrees to indemnify Wife and hold her and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with the indebtedness on said vehicle. Other than the indebtedness on the vehicle, Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with the vehicle belonging to Wife by virtue of this subparagraph, 6 -:;~, -,- 1-' [' 1-, ~ , '[ ,~- - (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 2000 Jeep automobile currently titled in the joint names of the parties, along with all rights under any insurance policies thereon and with all responsibility for payment of outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (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 or her sole and separate property any and all life insurance policies in his or sole name, free of any and all right, title and interest of the other party. The parties acknowledge that there are unpaid loans against the USAA (policy # 0081185661) and Mass Mutual (policy # 4-178-625) insurance policies owned by Husband, which loans were taken out during marriage. Husband agrees to be solely responsible for the re-payment of said loans on said life insurance policies, approximately Thirty Three Thousand One Hundred Dollars ($33,100.00) and Eleven Thousand One Hundred Dollars ($11,100.00) respectively, and he agrees to indemnify and hold Wife and her property harmless from any and all liability, cost, or expense, including actual attorneys' fees, incurred as a result of the loans against the life insurance policies. 7 -- ,I,,,,, , -I . Notwithstanding the above, Husband agrees to name Wife as beneficiary on a portion of his life insurance, which life insurance beneficiary shall be irrevocable for such time as Husband is obligated to pay Wife alimony pursuant to paragraph 6, infra. Initially, Husband shall maintain insurance coverage of no less than Two Hundred Forty Thousand Dollars ($240,000.00). During the course of Husband's Base Alimony obligation, Husband shall be entitled to decrease the coverage to reflect the then present value of the existing Base Alimony obligation. Once Husband is no longer obligated to pay Wife Base Alimony, he shall no longer be obligated to name Wife as beneficiary on any of his insurance policies. (e) Pension and Retirement Benefits. Except as specifically set forth below, 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. Notwithstanding the above, the parties agree that Wife shall become the sole and exclusive owner of the sum of Four Hundred Sixty Thousand Dollars ($460,000.00) from Husband's KEOGH plan, free and clear of any right, title and interest of Husband. Wife shall receive said sum pursuant to a tax free rollover from Husband's KEOGH plan into an Individual Retirement Plan in the name of Wife. The parties agree to be equally responsible for the cost of 8 (~".~,~ J_ .""""" 'c I", I ~ 1'- - preparing any and all orders required by the plan administrator to effectuate the tax free rollover. Any orders shall be prepared by Harry M. Leister, Jr., F.S.A of Conrad Siegel, Inc. After the rollover ofFour Hundred Sixty Thousand Dollars ($460,000.00), Wife hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest she may have in and to the remaining proceeds within Husband's KEOGH plan, and Husband shall receive said plan as his sole and separate property. (f) 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; 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. (g) PrODertv 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. (h) ProDertv 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 9 ,)I'i~~ ~ , ',1-' ~ ""I~'r I - ,~ II , . ~~ ,~"""""" 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) Assumption of Encumbrances. (1) During marriage, the parties accumulated several secured and unsecured debts, including credit card debt. Husband agrees to be solely responsible for the marital debt accumulated up through October 15,2003. In addition to the debt identified elsewhere in this Agreement that Husband has agreed to be solely responsible for, the marital debt on which Husband is assuming responsibility is as follows: (a) The MBNA credit card (#749-94066-000-394), which had a balance of approximately Thirty Nine Thousand Six Hundred Fifty Dollars ($39,650.00) as of December 1, 2003; (b) The American Express Optima Platinum credit card (#3737-282541-04008), which had a balance of approximately Eighteen Thousand Six Hundred ($18,690) Ninety Dollars as of November 5,2003; (c) The Bank One credit card (#4417-1286-0717-7746), which had a balance of approximately Twenty Seven Thousand Nine Hundred Dollars ($27,900.00) as of November 11, 2003; (d) The First Union credit card (#4264-2983-8877- 399), which had a balance of approximately Twenty Six Thousand Seven Hundred Dollars ($26,700.00) as of November 7, 2003; 10 --':i!l'1f f- ---, """"'=1", 1-" t- - , (e) The MBNA credit card (#5490-9907-3506-4261), which had a balance of approximately Fifty One Thousand Seven Hundred Fifty Dollars ($51,750.00) as of November 25,2003; (f) The Bank of America credit card (#0051-9000- 326645), which had a balance of approximately Twelve Thousand Dollars ($12,000.00) as of November 30, 2003; (g) The Bank One credit card (#0041-980027-1437), which had a balance of approximately Eleven Thousand Five Hundred Dollars ($11,500.00) as of November 30, 2003; (h) The M&T unsecured loans, which had a total balance of approximately Fifteen Thousand Five Hundred Dollars ($15,500.00) as of October 15, 2003; (i) The Chase credit card (account #5369-9468-1019- 8737), which had a balance of approximately Six Thousand Eighty-Eight Dollars ($6,088.00) as of January 8, 2004. Husband agrees to indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with said marital debt on which Husband is agreeing to be solely responsible. (2) Commencing October 15,2003, Husband agrees to be solely responsible for any and all liabilities he has incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name. 11 " ~ ~ ,I't.1 'T , ----~- . (3) Commencing October 15, 2003, Wife agrees to be solely responsible for any and all liabilities she has incurred in her name alone, specifically to include any obligations to issuers of credit cards in her name. If Wife is in possession of any credit cards on which the parties are jointly liable, Wife agrees to immediately deliver to Husband any and all credit cards in her possession which provide for joint liability, and Husband agrees to take such steps to close any and all accounts on which the parties are jointly liable. If Wife has incurred any liability since October 15, 2003 on any account on which Husband is jointly liable, Wife shall be solely responsible for payment of any such liabilities she has incurred, and she shall indemnity and hold Husband and his property harmless from any liability, cost or expense associated therewith. Wife warrants that she has not incurred any charges on the debts enumerated above after October 15, 2003. (4) Except as otherwise provided herein, each party hereby assumes the debts, encumbrances, tax and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnity and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (j) 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 indemnity 12 ""~...,_.~~"""".,.. "", , 1--'1 ~, , . and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (k) 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. (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. (m) 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. 13 0- _" I. ,1 ~" ^ , I~ ~ . , 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. ALIMONY. SUPPORT AND MAINTENANCE. (1) Commencing January 1, 2004, Husband agrees to pay to Wife, as and for Base Alimony, the sum of Four Thousand Dollars ($4,000.00) per month for the duration of sixty (60) months. Husband agrees to pay said Four Thousand Dollars ($4,000.00) per month in monthly installments on or before the fifth (5th) of each month. The above Base Alimony payments shall be non-modifiable in duration or amount, it being understood by the parties that they waive any right to modifY the terms of the Base Alimony in a court oflaw or equity. Notwithstanding the foregoing, the parties agree that the amount of Husband's Base Alimony obligation shall be subject to downward modification if, and only if, Husband loses his present employment or job assignment through no voluntary action or through circumstances beyond his control and, as a result, suffers a substantial decrease or loss in income. It is understood by the parties that Husband's retirement is to be considered a voluntary action in income and, therefore, such an occurrence will not permit a modification of Base Alimony. Said Base Alimony payments shall terminate before the expiration of sixty (60) months upon the first to occur of one ofthe following: (i) Death of Wife; (ii) Death of Husband; (iii) Wife's remarriage; or (iv) Wife's cohabitation as that term is defined under Pennsylvania Law. ]4 .,~""".., ,~-~ kl' ',,' " - lrl - But for the Base Alimony payments identified in the preceding paragraph (and the Additional Alimony set forth in subparagraph (2), infra), it is understood that Wife hereby waives any additional right or entitlement to the support or maintenance, be it spousal support or alimony pendente lite. The parties acknowledge there presently is a support action initiated with the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Wife agrees that her entitlement to said support shall end upon the execution of this Agreement, and Wife further agrees to take the necessary steps to have the support action terminated and withdrawn with prejudice. 1n the event Husband becomes thirty (30) days in arrears on his Base Alimony obligation (or his Additional Alimony), the parties agree that Wife may seek enforcement of Husband's alimony obligation through the Domestic Relations Office, and Husband agrees to be solely responsible for any and all fees and costs incurred by Wife in enforcing the obligation to the local Domestic Relations Office, including actual attorneys' fees. (2) If Husband files for bankruptcy protection while his Base Alimony obligation remains in effect, the parties agree that, in addition to the $4,000 per month in Base Alimony provided for above (which shall continue for the duration of sixty (60) months unless terminated by one of the enumerated termination events), Husband agrees to pay Wife Additional Alimony in an amount equal to one-half of the amount actually discharged in bankruptcy, which amount shall be paid to Wife in equal monthly installments for the duration of thirty-six (36) months. Husband's Additional Alimony obligation shall become effective the date Husband's debts are actually discharged in bankruptcy. 15 1!"~~ c_. II ,-r'l . Should Husband file for bankruptcy once the Base Alimony obligation set forth in subparagraph (1) has expired, the parties agree that Husband shall pay Additional Alimony to Wife in an amount equal to one-half of the actual amount discharged in bankruptcy, which shall be paid to Wife in equal monthly installments for the duration of thirty-six (36) months. Said Additional Alimony obligation shall become effective the date Husband's debts are actually discharged in bankruptcy. The Additional Alimony obligation set forth in the preceding two paragraphs shall terminate prior to the expiration of thirty-six (36) months only upon the death of Wife or the death of Husband. (3) Husband and Wife understand that any and all alimony payments paid under this provision (both Base Alimony and Additional Alimony) is intended to constitute alimony as defined by the Internal Revenue Service such that said payments shall be deductible by Husband on his individual tax return and taxed with Wife on her individual tax return. 7. MEDICAL INSURANCE COVERAGE FOR WIFE. Husband is currently providing medical insurance coverage for Wife through his place of employment. Husband agrees to continue to provide said coverage until such time as a divorce decree is entered at which time his obligation to provide said coverage shall terminate. The parties agree that a divorce decree will not be entered prior to January 1, 2005 in order to allow Wife to be covered under Husband's insurance through the duration of2004. 16 -.~~OP'T - 11' 1 '-I' 11, ~ ...' The parties acknowledge that Wife has incurred various medical expenses since their separation. Husband agrees to pay the following unreimbursed medical expenses incurred by Wife: (a) St. Joseph Medical Center in the amount of $2,863.76; (b) Orthopedic Associates of Towson in the amount of$1,613.22; and (c) Pain Management Specialists in an amount not to exceed $2,000.00. Husband agrees to pay these expenses directly to the provider on Wife's behalf no later than five (5) days following the date of execution of this Agreement. Husband agrees to indemnifY and hold Wife and her property harmless from any and all liability cost or expense, including actual attorneys' fees, incurred in relation with the two above-referenced debts on which Husband is assuming responsibility. Wife agrees to be solely responsible for any and all other medical expenses she has incurred up to the date ohhis Agreement, and any expenses incurred between the execution date ofthis Agreement and the date a divorce decree is entered, and she agrees to indemnifY and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any liabilities assumed by Wife under this paragraph. 8. 2003 TAX RETURNS. Husband and Wife agree to sign and file joint federal, state and local individual tax returns for tax year 2003. Husband agrees to be solely responsible for the cost of preparing said returns. If any tax penalty is owed, Husband agrees to be solely responsible for payment. Husband and Wife agree that Wife shall receive one-half of the 2003 tax refund, which half represents Three Thousand Two Hundred Seventy Dollars and Fifty Cents ($3,270.50). Husband agrees to pay Wife her half of the tax refund no later than five (5) days from the date of execution of this Agreement. 17 ,:.~'" ". ~"'u -T-_' I, "I '. " 9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. Notwithstanding the above, Husband agrees to pay Wife's outstanding attorneys' fees, the outstanding balance of which approximately One Thousand Ninety Dollars ($1,090.00) as of February 4,2004, up to a maximum of One Thousand Five Hundred Dollars ($1,500.00). 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date ofthis Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations 18 ;'$~".,.,., . '. ^, --.'," 1- c~-L -it _ I " I" 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 of the deceased party. 12. 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 said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrwnent 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 of this Agreement with full power in him or her to dispose of the 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 19 - ~~, , , 'i, -,' . If_~" . 1 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, 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 of the 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 of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 20 jl''''UL, _ ~~". I~~ "r- _, . . ' 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period off our (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. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each ofthe parties hereto. 15. 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. 16. 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 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. 17. 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 of this Agreement. 21 -"'""n_~"'~'If' I-I II, , ""I ~- . , , 18. 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: Henry S. Crist 2311 North Front Street Apartment 918 Harrisburg, P A 1711 0 and to Wife, if made or addressed to the following: Donna Crist 12 Kitszel Drive Carlisle, P A 17013 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. 19. 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. 20. 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. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22 ~,,_. 11 ,1'.', ,-. . , . ' . ";.2_ " j 22. 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 of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS 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. 24. 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. 25. 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; 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. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary 23 ~.h-_, , , "' . , j . 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. 27. 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. -, ~dl <0 j)_ ( ) J~ f)\J WITNEsS ~ ~C:r HENRY S~ST ~/~~~T (! /~ A /):, -' WITNESS 24 ,..,.". "." .' I ~ ", ' I . . , , , 0, , . ' .. . COMMONWEALTH OF PENNSYL VANIA COUNTY OF l\{Uf' ~, '" ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared HENRY S. CRIST 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r-' . . O:JLftC>i-J?C v , 2004. ,.) J), day of ~ L"" \ / .... J-:'~/VlI~ (i . ttU~t-) Notary Public in anti for Commonwealth of Pennsylvania Typed or printed name of Notary: ~ rI ~ LAntlv. \] , ":1-. M .. . NOTARIAL SEAL Y commlS IOn llmfl~rf'l\NI~>lX Nnn!lV PIIRIJC HARRISBURG, DAUPHIN COUNlY MY COMMISSION EXPIRES FEB. 16 2004 25 .,~.P" - ',' r' I..'e' o~ -" ,. - . y '. ," 1.- .. . '1',~~. '_,Rr ='"""""" COMMONWEALTH OF PENNSYL V ANlA COUNTYOF JbU,..hl~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DONNA CRIST 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 .!J-t::f..- day of ncf-c~ ,2004. Notary Public in and for "" Commonwealth of Pennsylvania Typed or printed name of Notary: lkbrA /l k-v().. ncr-LIIZ'c... My commission expires: .5- 7 - ~ co 8' NOTA~1Al SfAL DEBRA A EVANGELlsn Notarv Public SllSCllIEHANNA TWP.DAUPHIN COUNTY My Commllllon Explle$ May 70 2008 26 ". 4 or I . I . n,>