Loading...
HomeMy WebLinkAbout01-2884 FX .., v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- ~t!1 Qj,u~l'-r~ CAROLYN F. MONTORE, PLAINTIFF EDWARD MONTORE, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. Jfyou wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 "__"_<1~_ c' ___~"_...,_~_,..",.~_" ,'" _ _~ ~_ ~,," h. , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-;) ?f'l ~ -r~ CAROLYN F. MONTORE, PLAINTIFF EDWARD MONTORE, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302( d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ".f,.,_ .~,c_ ' ; v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ol-::J. ff'{ ~ 1UA>1. CAROLYN F. MONTORE, PLAINTIFF EDWARD MONTORE, JR., DEFENDANT : CNIL ACTION - LAW : IN DNORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE I. Plaintiff is Carolyn F. Montore, who currently resides at 2906 Chesterbrook Court, Apt. 604, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Edward Montore, Jr., who currently resides at 14 South Alydar Boulevard, Dillsburg, York County, Pennsylvania 17019. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 28, 1994, in Rye Brook, New York. 5, There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff i>~: , may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since September 13, 2000. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE II. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Plaintiff is unable to support herself through appropriate employment. 13, Plaintifflacks sufficient property and income to provide for her reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. ,~. , ~ - - .- .- -"-~.,. -~ 15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a, dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiffs counsel fees and the cost ofthis suit; and e. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date ():J-() 9 - 0/ By: J A ey or PIa' tiff Post Offic 650 Hershey,PA 17033 (717) 533-3280 PALD. No. 15615 i , "I :';-"'_~- -~ - "",""",-~~~~.- '<.- VERIFICATION I verify that the statements made in this Pleading 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: 05-{)Q -01 n " <--__"o-O_~ft;.,_<,-,-_,'c;'"_r_""'-F'lv-.. ''''!'''''"" ","_.. ,~_"'I_~_j_'. ' _. .. " .. .." ,_ "'0..'.'" .,'~o -""~~,~_,_,,,o ... ^ ."_ "~ 'eo,,,,,,,, .(\ on\'Q('"<-. ,~ .. -- "-" 1lI/ ~ ?\Z '-'- (:) ~ tv ~ f' ~ ~I "" ~ '='~c' ~.--,,,~~-,,. '<,! .'<--"--=' "' -~<-_>>~.""'~~"_W'_'"'_'M"~"~_ t ~ ~~h~ ~~~6 fP 6v ~ ~ ~ i '-<-~ (') c ~:- "Uc, ' 0.::1(:', ,g:, ~ f.F; 1/ "'.1ii"'1 c:) " (;j ,~'" ,,-, "-" ~-, ,,~..,,_~_" ,_',,~.,.,. ~~1IIlIJiii!I ",_~~,___-,,_'p.'(~ill-Iilil:lII~~~~~~1W~~,~~~! ~"~10' "' ~-"~.,~" -, >~, " ,~ .. . CAROLYN F. MONTORE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-2884 CNIL TERM EDWARD MONTORE, JR., DEFENDANT : CNIL ACTION - LAW : IN DNORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN AND NOW, fbis;?1;;ti day Of~ ,2001, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Edward Montore, Jr., on May 21,2001 by certified mail number 7099 3400 0004 7298 1784, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed day of , 2001. NOTAR~LSEAL I Jean L, Kosier, Notary Public City of Hummelelown,County of Dauphin My Commieelon Expires Feb, 9, 2004 -, ''''-,~>::<-,-' "<' ~'- - - . - - -., , -' -/, h<~,'.."'~"~'--'~" '-"";r,-,,,,-'''-'' .','" ",-"., , y-" ""'^' :,'1-, >, -~" - , -, ,-, '~-,''f''_'_' "~'- ' ,. -~ -, C', ,,,::,~ . _._",'" _ -.. . . _,0" ",-'-''',r' _,' _', ,,'~: :-",-,,--, -_":"__ ,.","", ,'" .".. --" . Oomplete ~ems 1, 2, and 3. Also complete ~am 4.11 Restricted Delivery Is desl!'Od. _ . Print your name and address on the reverse sO that we can retum the card to' you. . Attach this card to the back of the mallplece, or on the front If space pennlts, 1. Article Addressed to: x o/~tni ;'Y;b;~rc; . V-' /V,5: vld'/d/' &..vd 24;!~~~ /4 /7?llf - "- ~ D AddresseE lli}~deli dress different from item 11 0 Yes ~'-lf YES. enter delivery address below: )( No , 3. ~ce Type ~ ~ertJfted Mail D Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee! Yes it i ,,\ i j '0259"'OoM-BIOI! ,;;^,)i~ , '" ~'i _~',';"~,~""'" "'< 1-' >~ ',- 'I." ." '" 1 , , ,-"~ ." ,;q"'~ ." '~, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 2884 CIVIL TERM CAROLYN F. MONTORE, Plaintiff EDWARD MONTORE, JR., Defendant : CML ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDA VTT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on May 11,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Se ting to unsworn falsification to authorities. Date: !J8- J,8-tJ/ h" ' "",',".'f,' ~':,',~_ ....'.' " ','-- -r''':_;''\'I'~':~'''' -- '"~?",'o'I"""";.h"'_~""'_C,,,,,,"':"V' .' '.:"" , ''','.-'- ,,'. ':~"-"'"-'0"";"" ,,'7'--' ,--~. ,..,="",, '~ ,,,,,,,. .,.,-...."...,... .",.. T .'T'i""'~'f'_z~l!!!"o' ~~^",,>--~, ".,",'" r 'Tllililllli ill]] i l. H,!'"""]f C) c:" , <= I " r"~ ."0 6. - rri L!~ ::'") :~~ '7~ , . .J ---- (JJ , -' .., ~;> ..::- ;~ c ::;:;: :2; :=2 .J"; h,.<''''''1'' _".r'!fI~-'~1!-~~~~!I!!!!__lI!"I_ ,.",!!l~,-', _", ,,~,~'''r'~'_~''!,:~,_,~J ~, , . CAROLYN F. MONTORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 2884 CIVIL TERM EDWARD MONTORE, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ot-:1~-O/ 1l1,r,,' '7"_'~' ,~, . -~", "Co. ~ ,',z:I_.\:_e;,_' " ,'," ----~ '-I :.,,~ , ~ I" , ".-, , ^', -~" .. . ~, :"~ .. " - ._,".,.",-,."_...,,.,..~., ...'.,..,....,... ~ r<' <,~ ~-."""'~, ~"--">-~ ,~~- "U q.)f'j --:;-- Vi ,< 1--:';' ~"';: ~~ J> - (") C~- :;:;,., / =~l ..". Ci ,'-', u -j'j :~ ~,;-) ~",) \..:;-) ( 11 -'''''1~,--,^,.. ".'''--'''' ,-,~- __T~_ ~--~-- :.,,:~~~~ ':"_'~:~_~i; ",_!lI;t~, .._~flI':Jj'['h~,,,;_., CAROLYN F. MONTORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 2884 CIVIL TERM EDWARD MONTORE, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 11,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice ofIntention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4 4, relating to ant unsworn falsification to authorities. Date: 08'- :J,g-tJ/ ,^'O',,_"" d I "' . '-V':r ,,'._' j' -~- '~,~"u-. , '. " '". . . "' . '" .. -" ".-..,.."....~..... ". ,-~, ':'c'_' '0-"1" ,,'" C'" ;d , , .. ',.',~ c'."::!'''''' 0.""" in' ";ff:",'l---''''''''<'''~'''~-'''''''"''''''w, ~.~---~. , Ilililll.lil~nJr -~ ~-- _'.n.. -IV 1'.',-"'2',',- <\~"~7__""";'_'~':';-)i',,<,,:,~_-',"(,,~-, "'-,,-~- ,-,-,~~~~'lil~ l. 0 C') C .... ;:~ "(J r:: rn , .. .. t) ;~ /.. L ,-."J en , ,.Ci -:.::: ~-;.: I,.: "1'"", "::.::; >< , 5: C" C ;:":1 ~i ~.~:. ~ (J"l -c. '-~~.-- ~ ."::=- -'O','?<<n' CAROLYN F. MONTORE, Plaintiff : IN THE COURT OF COI\1MON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 2884 CIVIL TERM EDWARD MONTORE, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: tJ g-- ~? -61 '1'-~~ . "?f"I--? ~ : .. .. ',-., ,', -~I ,~- '--'''' -'-'."'f' e__ .. oy_,,_""_"I"___\"""""'>~__'_._'_'-~'_ . -'- . ,.", '-,'~~- . . -',~ -_.- , ,.~ . ~_c ". . , ~i i i I I I I , I I. I! ,I !' , , I -'"' --,-,",,", '~'-' ,~- ",,~- . '" ~'I < - ~-, ~,. ""...'" '...>"".~ __,.,_, _< ..~_ ,"_ ~_ru,> 00'" CJ i t= -~,~ i-~ d"; c , , i ) .. m , ) 1:;=:' 'i"':;; .< c::: _k" l~~> , ~:;; , ~. c..:: ;-::: ..- .._.l -~ ._u '.' < , i "~~_!IIII~,,",,~_~el!!!"'!' W!_f",_,~_,""~'" ___"~,~~~n~i"~~ _"~"-''''~''''5',~!''~!JI'I''''~--J ,~~ ~' CAROLYN F. MONTORE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 01 - ;).J'f'1 (3u~\'-r~ EDWARD MONTORE, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE Carolyn F. Montore, social security no. 090-50-2333 Edward Montore, Jr., social security no. 129-54-5202 ~~,,_, '.'"y -~-'\-'-"''!~.'''''''-''''''''' ~__..~W_"",_, _ "'_C.~__'___'_~___"~_"_~"'__"_"" ~~" ,_ . ~~ ,-, ~ I I ~ ~ c" ~ _._~ 'c ,', ,_..,', ., ... '1";-""--' '^ _ p'?' !\l!l" ,,' _ _ ~ "" - _''''~~,"> ~ ""_',-,,;";,~- -~ ,~, " - ,'4' C) c -uff fllr:;' ~~.. ~f~ :~ . '" -x~." . ~-, ~,,~ c.:' C_", '11 :1:: J"~" .'-n ._;." ;~,,) (J'J ~~ "~",~~,":"'7-__"_.~~__~","j]~~~~ ~~, ~~ ~-,~~,tl f""'" .. , - CAROLYN F. MONTORE, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. ; NO. 01 - 2884 CIVIL TERM EDWARD MONTORE, JR., Defendant ; CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses in the above-captioned divorce action. Date: Og'-~g-{)I ".'.'~0"'<V' .--~.'" .__--_;":i~';.- ":~:-'I;!"'" ,0_ ':,1 --".~-_" ,,"$ I-,_-,-O'''"'<,J', --,---", " " "__ - , ,,' - ,___,,"n"-_ _~ __~ _ ~,__" " ,,' ,"", ,-" _'i-",,{,~,,>'_ f'''i-- ~ ''','h ~ " "T ""'" ",,'"""'" . " ." COo'. []IT"Ji ".1 IRllJllll I ,~,' "-,, "r:'~-~,> :-",-t~~~,,,,,,,~,,,,,p-~.,< <->:,.,.~-]jli,,~-<~~!fIlffl~~!!II! .. (') C ~-, [H~F ""'-,- """,-_.', /"l' 0) ~,; ;::; :< ~i~ ~~ 'llIrUf' co, T:~. r-,.) ",'< -"-~~_. _, ~,~~rlU:..,.-_~~~~ c " ... CAROLYN F. MONTORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 2884 CIVIL TERM EDWARD MONTORE, JR., Defendant : CIV1L ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her former name of Carolyn Fragasso and gives this written notice avowing her DATED: ~l 0\ intention in accordance with the provisions of the Act of May 25,19 A Decree in Divorce was entered Septemb 6, 01. u- Sworn to and subscribed before me this lJ7.1lt. day Of~20~1. ~~'~AJ NOTARY PUB IC "'," .'C . .' NOTARIAL SEAL . JeariL: Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb, 9, 2004 j'~. ;:-~'~"'~\~-'''''-"'I ,-....,.-. ,_.C~'7'-.-l1'-_~"-;c'I::';>'_" ",'-,:--'--<~"V':l7P<~' '_'-';_\__)'_I"~ ~,- ~-'-'~F '" -~-","_~'l_'---"- - '__"_ ,,_ r,_,"_ ,_ >'~"C',' ""'" " _',_L~ _~- Cs kp I I ! ~ " ! 1 I \1 \.1 ~ ~i. ... . .+ ' ,.."":_,. .h, """'-c~ ~'. _~ .<c ... .~ -,,_, ".-fo ." I' 1 "- ....... (\'. R5 ( () "'Q. ~ ~ . -:l 0 tv c ~ ~ ~ . " o c: ._.s:: I..'te rpU] 2-"'.1-) wS ;$f!.~ :~ J :2: C.- ~l>~: ~ ~ . ,__.1n_,n","__,_, r- ''7'__,,~_,,!'I'"-'f~~~~~~r_;'Wfl_$~~~~ Q C) -q U) r..., '"'0 .~ r- .-eE5 r,) "D :J;:: ~~) :-~ (:J :~-'~. :B ~-;;(':; \.,5;1: ~; -< "-.1 - ".n, .~._,~_":,~,,J:l~L '-'~-p,,7' PROPERTY SETTLEMENT AGREEMENT nns AGREEMENT, '"""'"'" /111 day 'f~ d- ' '[l91, ;';"'4;, between EDWARD MONTORE, JR., hereinafter called "Husb d", and CAROL YN..g~ ~ ." rnfl' (;-> MONTORE, hereinafter called "Wife". ~ 2~ f') ~ ~~ ~;;: ~.;{ ~ >C~ -',e' -.,-. ~=J .--' ~ --- .".. <... WITNESSETH: WHEREAS, Husband and Wife were legally married on May 28, 1994; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DMSION OF REAL PROPERTY. Husband's residence located at 14 South Alydar Boulevard, Dillsburg, Pennsylvania is -~ ~ ,_,,,,,. " "_ -- _"'_ . ,_ ., ,,,. d , titled in Husband's name individually. The property has a mortgage against it in favor of Washington Mutual Insurance Company with a principal balance of approximately $175,721.00. The mortgage is in the names of Husband and Wife. Husband agrees that by April 1, 2002, he will have Wife's name removed from the mortgage either by a mortgage modification, refinancing or sale of the property. At the time the property is sold, any proceeds in the amount over a sale price of$350,000.00 shall be split equally between the parties at the time offinal settlement. For example, if the property sells for $370,000.00, Wife shall receive $10,000.00 from the proceeds at the time of settlement. 4. MOTOR VEIDCLES. Wife shall retain as her sole and separate property the 1994 BMW 525 and the 1993 Toyota Camry. The parties shall execute all documents necessary to transfer titles to Wife at the time of the execution of this Agreement. Husband shall retain as his sole and separate property the 1997 BMW 740. The vehicle is presently titled in Wife's name individually. Wife shall execute, at the time of the execution of this Agreement, a Special Power of Attorney permitting Husband to transfer the title after receipt of the title from BMW Financial Services which is holding it as security for the existing debt against the vehicle. Husband shall, within sixty (60) days of the date of this Agreement, have Wife's name removed from the BMW Financial Services loan on the vehicle. Each party shall be responsible for the cost of the automobile insurance on the vehicles retained by them after the date of this Agreement. 5. PENSIONS. Each party has interests in pensions, IRAs, and Keogh Plans. Each party shall retain any interest they have in accounts or plans in their names individually except as more specifically set forth herein. 6. EOUITABT,EDJSTRIBUTION. Husband agrees to pay to Wife in the form of equitable distribution, the sum of$136, 750.00 2 """"" ,<~; .-", <, _'7", ,'-.1 ,~, , ,-. payable as follows: A. $50,000.00 in cash on or before October 1,2001. B. $86,750.00 as a rollover from Husband's Keogh Plan with Vanguard Windsor Fund II into a similar account in Vanguard Windsor Fund II owned by Wife. The said transfer shall be accomplished on or before October 1, 2001. In the event it is necessary, counsel for Wife shall prepare a Qualified Domestic Relations Order transferring the funds as set forth herein. 7. n;:rs. The parties' cocker spaniels, Peaches and Brandy, shall be owned by Wife. At present, they are at Husband's residence, however, Wife shall receive them on or before April 1, 2002. 8. HEALTH INSURANCE. Husband is presently being carried on Wife's health insurance plan through her employer. Wife agrees that she will cooperate in assisting Husband in securing COBRA coverage available for health insurance at Husband's own expense. 9. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 10. ANTENlJPTIAL AGREEMENT. The parties acknowledge that on January 14, 1996, they entered an Antenuptial Agreement. By entering this Agreement, both parties fully acknowledge the existence of the Antenuptial Agreement and further agree that this Agreement supersedes the Antenuptial Agreement and is in full satisfaction of any terms and conditions thereunder. 3 -\f-!I>......, ,"~,,_, ,,"_,,,.,",''1_,'',,<,, '" ""! ,,<- -wr" ^< 11. APPLlCABIUTV OF T AX LAW TO PROPERY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 12. ASSUMPTION OF DEBTS. The parties agree that there are no joint marital liabilities for which either party is individually responsible. All further debts incurred by the parties shall be their individual responsibility. 13. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 14. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 15. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, 4 '-'W~"," . _. _ ,'~_ ,",,_._" _,r _ , ___" 1-'-1!'" -., assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 16. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband hannless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 17. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 18. WAIVERS OF CLAIMS AGAINST EST A TES. Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other; and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliv~r any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 5 ~-'4-"!ll\O;~ , "".,,,- ".,' L.H_"'_ ~ - ,r 19. REPRESENTATION. It is recognized by the parties hereto that Wife is represented by John J. Connelly, Jr., Esquire, and Husband is not represented by counsel. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the tenns hereof. Husband further agrees and acknowledges that he has a right to have this Agreement reviewed by cOlJIlsel of his choosing and, by entering the Agreement, acknowledges he is waiving his right to do so. 20. VOLUNTARY EXECIJTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 21. ENTIRE AGREEMENT. lIDs Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. MODIFICA nON AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. GOVERNING LAW. lIDs Agreement shall be governed by and shall be construed in accordance with the laws of 6 ~'i'i." -~ ,- . ,_ I".' the Commonwealth of Pennsylvania. 25. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. VOID CLAUSES. If any tenn, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. ENTRY ASPARTOFDECRRE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modifY the financial terms of this Agreement. TIlls Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 28. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 01- 2884 Civil Term, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice ofIntention to Request Entry of a Divorce Decree. 29. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYL V ANlA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania 7 T~,~..~, '."-, ~" , ,.~ including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year fIrst above written. {1/J/fJl \ jHJtL // p. ./ .' ,..r'/ WITNESS: --.. CI) arolyn F. Montor 8 r ~~ ~ "',_, "..^.. - ~ --- , ,,<. , I ."_ , .~~ " _. COMMONWEALTH OF PENNSYL V ANlA ss. COUNTY OF DAUPHIN On this, the /1J-l day of (1E ' 2001, before me, a Notary Public, personally appeared Edward Montore, Jr., kno to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WIlNESS WHEREOF, I hereunto set my hand and official seal. G COMMONWEALTH OF PENNSYL VANIA NOTARIAL SEAL Jean L. Kosier, Notary Public . City of Hummelstown,County 01 Deuphin My Commission Expires Feb, 9. 2004 ss. COUNTY OF DAUPHIN On !hi>, ../1ft 00y of ~:"* ,2001, b,fore~,. N."" ""'"", personally appeared Carolyn F. Montore, kno to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WIlNESS WHEREOF, I hereunto set my hand and official seal. NOTARIALSEAl Jean L. Kosier, Notary,pUblic City of Hummelstown,County 01 Dauphin My Commission Expires Feb, 9, 2004 ~~-'.l\l.'h' ". ~." ,,~I 1-7';' ,~, ., ~'-__I -.", -- - ,-' "'~~ ': -,..:,r _~ !Jl! _" . J CAROLYN F. MONTORE, Plaintiff .: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 2884 CIVIL TERM EDWARD MONTORE, JR., Defendant : CML ACTION - LAW : 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 Section (XX) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: May 21, 2001 by certified mail no. 7099340000047298 1784. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: August 28,2001; by Defendant: August 28, 2001. (b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: /j (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated August 17, 2001. ";-:! :"'--~"1-1'-_"_' -, ",-'__""".{'''."'_9_'__' _ 7,_-""'- ',- - ,. . -- ~" . - , 1 ".-' "'C -''''~ "" ~F;' . "";~ _"- -"'_ '_:"1 '--'~--..' '~I: <,--- --- - '~"', -- _ ,-,-- ;'..d' , ... . .. .~ 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice ofIntention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: August 28,2001; by Defendant: August 28, 2001. and, date offiling of the Waiver of Notice ofIntention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. Date: Og-~g-()/ (~:~:-" "~~-, .-, - .--., " -.r;,-:_--:>",__::~~-:-:-:- -"- ,"-~--- - ! :'r . --"-~- '-". '" '-"""-~'~ ."'n'p__ _ !liiI f.5' rf ~"'" '"'"!"'," . ''",' .,,,",,,.,,,,,,,,""',',' ,'",." ", '1'", .. ',f, ~,,'. . -Ie ~" , ,q"ll"" _" > " ~,"~~' ,'0 . .!!W'J~~ _[lIU'~I!~~,-; 0- "'~4"~"""'" iDYl'kl'fTV''i'''r' .... ~. () c ''I] 9j!I~~': (0S r> 1~(:., 1-,(.,...., .--~ .cO:::: ::) :>:1"> ,. " . ' !)', " ~...,.,,~- -~'~ "~.,'_,,".__,!,!~P"c_ ,c_,. --._h,'_,'_:"" ~_,_ -",,,:,- ~ . - ,^ ,~ .", ~, ,~" ~" , , ,< ~. 1._". -,~,' '_'i"C--:"",-"'~'l-"--"~-" -,,-..,-f-:',,;, ';" J:; , . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CAROLYN F. MONTORE, Plaintiff No. 01 - 2884 CIVIL TERM VERSUS EDWAIID MONTORE, JR., Defendant DECREE IN DIVORCE AND NOW, \Of~ b ':)(Jl1IIT IS ORDERED AND DECREED THAT Carolyn F. Montore , PLAINTIFF, AND Edward Montore, Jr. , DEFENDANT, ARE: DIVORCED FROM THE BONDS OF MATRIMONV. THE COl,JRT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEE:N RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT VET BEEN ENTERED; None The attached Property Settlement Agreement is hereby incorporated, but not mer ed into this Decree i Di 0 BvTH ATTEST: J. C ~~~4THONOTA", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,~~IDIi\l'llIa~~>\lIia.lji$~Il!.~~JHi!kwt!ij,1iltm~->ti}..~jI,~.ilIIi.llf&-' -'"......."'iI1IiIiI~~lIi-.i. ?5 }:..p , ~~~~ ~/r~~~?TV t., ., . _ ~~;::. _,1 ~,!- .""m~ _ /tY~,~ /(7 ~ ~ \t.~1~[~1.i{i~1f~J~Jr~~~;~J~~~I~~-.~~;~]1~l~Jf~^,,-:$~YJl~~i~~~;~,.r')~d;,.AaL^,,:,~: '.'" .-,~,.~,,~,.,_,;~_,,~ -g~h"" A , .1""" _ _"_,,'~',"<_'" I ,..~ _ '",",_ ~'