HomeMy WebLinkAbout01-7237 FX
,
'-"-'"
.;,,1
_.,1 '1_' .".<,.'-
'-',..'
e-,o-.,
,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
. .
STATE OF
.
.
PENNA.
.
JAMES S, YAPLE, JR.,
.
.
Ph" nt iff
No. NO, 01 7237 CIVIL TERM
.
VERSUS
.
.
.
.
.
.
KAREN K. YAPLE,
Defendant
.
.
.
.
.
.
.
.
DECREE IN
DIVORCE
.
.
.
.
.
. 7.-~
AND NOW, ()c;-"t..... , 2."0"1-, IT IS ORDERED AND
.
. JAMES S. YAPLE, JR.
DECREED THAT , PLAINTIFF, .
. .
AND KAREN K. YAPLE , DEFENDANT,
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
No issues are outstanding. All issues have been resolved and settled
by the parties' Marriage Settlement Agreement dated September 19, 2002,
filed of record and incorporated, but not mergedl into this Decree.
.
.
.
.
.
.
.
.
.
.
.
.
Bv THE CO~# J
, ~"'~ROTHONOTAR~
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
.
.
mj
_:J4!liJ'h~~iTKc1~'jt:t&i0~11i~~b~,i-ci-'i;j;l!ird,;fuf;N1fu'W,-,&"~~,,,,,!"~:dPk~\4,'1c);;!,"'~I)'''d''h;:a..0Ml~L~~;'r ~
-~ g /~4 ~~lL;
~~r;2r~'4~
, """i"'i~Jt:iK!~"""'"""~ ....-fl~~
~...~~
<:' r:? ' (- &'/
n/' [. ~/
t1
;zit"
<
,. "L_"
:i~;-,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES S, YAPLE, JR.,
Plaintiff
NO, 01-7237 CIVIL TERM
v.
KAREN K, YAPLE,
Defendant
CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2 . DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of filinq of Comolaint: 12/31/2001
b. Manner of Service of Comolaint: Certified Mail/Restricted Delivery
c, Date of Service of Comolaint: 1/3/2002
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE
DIVORCE CODE:
a. Plaintiff: September 16, 2002
b. Defendant: September 12, 2002
OR
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE
DIVORCE CODg AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE
DEFENDANT:
a, Date of Execution: N/A
b, Date of Filinq: N/A
c, Date of Service: N/A
4 . RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to September 19,
2002 Marital Agreement executed by the parties, and filed of record in this case,
The September 19, 2002 Marital Agreement is to be incorporated into but not merged
with the Divorce Decree.
5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT
RECORD, A COpy OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION
3301(D) (1) (I) OF THE DIVORCE CODE:
a. Date of Service: N/A
b, Manner of Service: N/A
Or
DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY:
a. Plaintiff's Waiver: September 23, 2002
b. Defendant's Waiver: September 23, 2002
l
c;,b';i:;&^'i'~~lf;;iJmgj;i'i(it;~i"''';\~!'''';i.di,'ia_''t,d.'',,,,,,, "0',,;,.0.8.;,, ",,,,,,,,w_,~,J 0'>'h;"""f-jA",":<,:",_",,',-"il"""'f~:"",,il.ff>ll",ci-;,~dl!I;fr)u;~~~J\I~~~lii!;iiLli...:..M'~~'-' ",_~...-d..~' ~~'~""'~""~~L
f1,
>- ..:r ~
~ N
~~ ..:r 8i
SO x:
, ...'- C:... ~~
0>=
,0 M
' r.f~
@::::: N
-Jp, 0- ffi,
0:: .,,,
-'- w ~a..
;--, en
,,- N a
0 0
o
12ft L-
~~r~~l!;}.J(t,;:!!bE~Lk~~:~'6t "','^''''"Il,),!J.~~{t!:,~,,~JLdJ,~-9r;3JK,,:,,~!L;;4.~'t~~;dH\1!1J)~%'\eF~~Jl~.t L,~lL"",",~,\lL~ll. "c"__ "~'.," ,.., ,,,,,_c , J<C,..~~'. ?,W'"c"" ,"' ,~.
, ,
,
, .
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES S. YAPLE, JR.,
Plaintiff
: NO. 01-7237 CIVIL TERM
CIVIL ACTION - LAW
v.
KAREN K. YAPLE,
Defendant IN DIVORCE
MARITAL AGREEMENT
BETWEEN
JAMES
YAPLE,
JR.
S.
AND
KARENK.
YAPLE
',-
....~""".."
,
" .
,
TABLE OF CONTENTS
INTRODUCTION AND PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1
SECTION I
General Provisions...........................".......... 3
SECTION II
Distribution of Property...................... ........... 15
SECTION III
Distribution of Debts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
SECTION IV
Counsel Fees, Alimony, Spousal Support, and Health
Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
SECTION V
Closing provisions and Execution................., ....... 36
NOTARY PAGES............................................. 38
MARITAL DISTRIBUTION SHEET EXHIBIT A..................... 39
~~.. ~"'~..:....~""'''''
. ~ I
< ~ ~~,,""
,
INTRODUCTION AND PREAMBLE
THIS AGREEMENT made this _ day of
, 2002, by
and between KAREN K. YAPLE ("Wife") of Mechanicsburg, PA and JAMES S.
YAPLE, JR. ("Husband") of Mechanicsburg, PA.
WIT N ESE T H :
WHEREAS, the parties hereto are husband and wife, having been
married on May 16, 1984 in Peace Church, Mechanicsburg, Pennsylvania and
separated on December 31, 2001.
WHEREAS,
WHEREAS,
There were no children born of this marriage.
diverse and unhappy differences,
disputes
and
difficulties have arisen between the parties, and it is the intention of
Husband and Wife to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling fully and
finally their respective financial and property rights and obligations
as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of
all matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of Husband by
Wife; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual
- 1 -
". ~^~""--"-ri>.,,,-,
c
promises, covenants and undertakings hereinafter set forth and for other
good and valuable consideration, receipt of which is hereby acknowledged
by each of the parties hereto, Wife and Husband, each intending to be
legally bound hereby, covenant and agree as follows:
THIS SPACE INTENTIONALLY LEFT BLANK
- 2 -
I
.,..,:~~""""
,
I' H
SECTION I
GENERAL PROVISIONS
1.01.
INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are
incorporated herein and made a part hereof as if fully set forth in the
body of the Agreement.
1.02.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This
Agreement shall not be considered to affect or bar the right of Husband
and Wife to an absolute divorce on lawful grounds if such grounds now
exist or shall hereafter exist or to such defense as may be available to
either party. This Agreement is not intended to condone and shall not
be deemed to be condonation on the part of either party hereto of any
act or acts on the part of the other party which have occasioned the
disputes or unhappy differences which have occurred or may occur
subsequent to the date hereof.
1.03.
DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably broken
and that they will secure a mutual consent no-fault divorce decree in
Husband's above captioned Cumberland County, Pennsylvania divorce
action. Upon and simultaneously with the execution of this Agreement,
the parties shall execute and file all documents and papers, including
Affidavits of Consent and Waivers of Notice, necessary to finalize said
divorce. If either party fails or refuses to finalize said divorce or
execute and file the documents necessary to finalize the divorce, said
failure or refusal shall be considered a material breach of this
- 3 -
,~. ~,
"." '.
o. I" ,~
.0," -. ."', .,~ ,,~,' -~'-JJ[:;'!
,
11 \J
Agreement and shall entitle the other party at his or her option to
terminate this Agreement, in which event the parties shall be restored
to the same legal position each had been immediately prior to the
execution of this Agreement, and either party may then proceed with the
litigation of any claims heretofore raised in this divorce action the
same as of this Agreement has never been executed by the parties.
1.04.
EFFECT OF DIVORCE DECREE
Unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final Decree in
Divorce may be entered with respect to the parties.
1.05.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any Divorce
Decree which may be entered with respect to them,
1.06.
NON-MERGER
This Agreement shall not merge with the Divorce Decree, but rather,
it shall continue to have independent contractual significance and each
party shall maintain their contractual remedies as well as court
remedies as the result of the aforesaid incorporation or as otherwise
provided by law or statute.
1.07.
DATE OF EXECUTION
The "date of execution", "execution date", "date of this Agreement"
or "Agreement date" shall be defined as the date of execution by the
party last executing this Agreement.
1.08.
DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for
herein shall only take place on the "distribution date" which shall be
- 4 -
.
l _I>> '
"' . ~'
I. ,~I .
. .,-
.,'-
~'~'!~>.i!,,,,,-,,,;'",,,,-,,
" .
defined as the date of execution of this Agreement unless otherwise
specified herein.
1. 09.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, Diane G.
Radcliff, Esquire for Husband, and Barbara Sumple-Sullivan, Esquire, for
Wife, The parties acknowledge that they have received independent legal
advice from counsel of their selection and that they fully understand
the facts and have been fully informed as to their legal rights and
obligations. They acknowledge and accept that this Agreement is, under
the circumstances, fair and equitable and that it is being entered into
freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements.
1.10.
FINANCIAL DISCLOSURE
The parties confirm and acknowledge that there has been a full and
fair disclosure of the parties' marital assets and debts and the
parties' respective incomes, which has been provided to each party, The
parties further acknowledge that this disclosure has included the
disclosure of the marital assets and debts identified and set forth on
the "Marital Distribution Sheet", attached hereto, marked Exhibit "A"
and made a part hereof, and that it is the parties' intent to distribute
those assets and debts in accordance with the distribution set forth
therein.
1.11.
DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right: (1) to obtain
- 5 -
"''""''''''~"''-k~"\i,,,,,
I ' ~ .
from the other party a complete inventory or list of all of the property
that either or both parties own at this time or owned as of the date of
separation; (2) to have all such property valued by means of appraisals
or otherwise; (3) to compulsory discovery to assist in the discovery and
verification of facts relevant to their respective rights and
obligations, including the right to question the other party under oath;
and (4) to have a court hold hearings and make decisions on the matters
covered by this Agreement, which court decision concerning the parties'
respective rights and obligations might be different from the provisions
of this Agreement.
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is in
his or her best interests, and that the Agreement is not the result of
any fraud, duress, or undue influence exercised by either party upon the
other or by any other person or persons upon either party.
Given said understanding and acknowledgment, both parties hereby
waive the following procedural rights:
1. INVENTORY: The right to obtain an inventory of all marital
and separate property as defined by the Pennsylvania Divorce
Code.
2. INCOME AND EXPENSE STATEMENT: The right to obtain an income
and expense statement of the other party as provided by the
Pennsylvania Divorce Code, except in instances where such an
income and expense statement is hereafter required to be filed
in any child support action or any other proceedings pursuant
to an order of court.
3.
DISCOVERY:
The right to have any discovery as may be
- 6 -
~ " ,,~ __~h,M;;;'t'"-"
[1 (J
permitted by the Rules of Civil Procedure, except discovery
arising out of a breach of this Agreement, out of any child
support action, or out of any other proceedings in which
discovery is specifically ordered by the court.
4. DETERMINATION OF MARITAL AND NON-MARITAL PROPERTY: The right
to have the court determine which property is marital and
which is non-marital, and equitably distribute between the
parties that property which the court determines to be
marital.
5. RIGHTS AND REMEDIES: The right to have the court decide any
and all rights, remedies, privileges, or obligations covered
by this Agreement, including, but not limited to, possible
claims for divorce, equitable distribution, spousal support,
alimony, alimony pendente lite (temporary alimony), counsel
fees, costs and expenses.
1.12. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in bankruptcy and expressly agree to reaffirm
any and all obligations contained herein. In the event a party files
such bankruptcy and pursuant thereto obtains a discharge of any
obligations assumed hereunder, the other party shall have the right to
declare this Agreement to be null and void and to terminate this
Agreement in which event the division of the parties' marital assets and
all other rights determined by this Agreement shall be subject to court
determination the same as if this Agreement had never been entered into.
1.13.
SOCIAL SECURITY BENEFITS
The parties agree that, subject to the rules and regulations of the
- 7 -
.diL' fa;" ' 'ilili~-,",""~'T',Kj.~,,,<~
Social Security Administration, each of the parties shall continue to be
eligible for Social Security benefits to which he or she would
ordinarily be qualified as a party to a divorce after a marriage of ten
(10) years or more in duration, if the parties' marriage is determined
to be of ten (10) or more years in duration.
1.14.
PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. They may reside at such
place or places as they may select. Each may, for his or her separate
use or benefit, conduct, carryon and 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.
1.15.
MUTUAL RELEASES
Except as other wise expressly provided in this Agreement, Husband
and Wife each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from the following:
1. CLAIMS AGAINST PROPERTY OR ESTATE: Any and all right, title,
interest and/or claims in or against the other party, the
property (including income and gain from property hereafter
accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now
- 8 -
,..,<- ~ ';".1.1 l :;;'L'~~";/Oili~"-,,,",';;
I' I,
has or at any time hereafter may have against such other
party, the estate of such other party or the property of the
other party or any part thereof, whether arising out of any
former acts, contracts, engagements or liabilities of such
other.
2. DOWER. CURTESY. WIDOWS RIGHTS: Any and all rights and claims
of dower or curtesy, or claims in the nature of dower or
curtesy or 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;
3. LIFE TIME CONVEYANCES: The right to treat a lifetime
conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of (i) the Commonwealth
of Pennsylvania, (ii) State, Commonwealth or Territory of the
United States, or (iii) any other country;
4. MARITAL RIGHTS: Any rights which either party may have or at
any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as
a result of the marital relation or otherwise.
5. BREACH EXCEPTION: The foregoing shall not apply to all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provision thereof. It is ,the intention of Husband and Wife to
give to each other by the execution of this Agreement a full,
complete and general release with respect to any and all
- 9 -
',.
""-"-^"-",'"',*""j+~'-'I:.
1.16.
property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only
except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid
unless in writing and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
1.17.
MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take
any and all steps and execute, acknowledge and deliver to the other
party, any and all further instruments and/or documents that the other
party may reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
1.18.
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of
the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
1.19.
INTEGRATION
This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between
them. There are no representations or warranties other than those
expressly set forth herein.
- 10 -
I~ ,- ~ ,-,
b''''''''_~'M__,,~i
'r I'
1.20.
OTHER DOCUMENTATION
wife and Husband covenant and agree that they will forthwith, (and
within at least twenty (20) days after demand therefor), execute any and
all written instruments, assignments, releases, satisfactions, deeds,
notes, stock certificates, or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and/or as their
respective counsel shall mutually agree should be so executed in order
to carry out fully and effectively the terms of this Agreement.
1.21.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and
until terminated under and pursuant to the terms of this Agreement. The
failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same in the future, nor shall it be
construed as a waiver of strict performance of any other obligations
herein, nor shall it be construed as a waiver of any subsequent default
of the same or similar nature.
1.22.
BREACH
If for any reason either Husband or Wife fails to perform his or
her obligations owed to or for the benefit of the other party and/or
otherwise breaches the terms of this Agreement, then the other party
shall have the following rights and remedies, all of which shall be
deemed to be cumulative and not in the alternative, unless said
cumulative effect would have an inconsistent result or would result in
a windfall of the other party:
1. SPECIFIC PERFORMANCE: The right to specific performance of
the terms of this Agreement, in which event the non-breaching
- 11 -
~,
1
~ " ~".-" "",,"~k~;",~~
r. I.
party shall be reimbursed for all reasonable attorney's fees
and costs incurred as the result of said breach and in
bringing the action for specific performance.
2. DAMAGES: The right to damages arising out of breach of the
terms of this Agreement, which damages shall include
reimbursement of all reasonable attorney's fees and costs
incurred as the result of the breach and in bringing the
damage action.
3. DIVORCE CODE REMEDIES: The right to all remedies set forth in
Section 3502 (e) of the Pennsylvania Divorce Code, 23 PA.
C.S.A. 3502(e), and any additional rights and remedies that
may hereafter be enacted by virtue of the amendment of said
statute or replacement thereof by any other similar laws.
4. OTHER REMEDIES: Any other remedies provided for in law or in
equity.
5. CONSIDERATIONS FOR REASONABLE ATTORNEYS FEES: Any award of
"reasonable attorneys fees" as used in this paragraph shall be
based on consideration of (1) the hourly rate charged; (2) the
services rendered; and (3) the necessity of the services
rendered. Determination of reasonableness shall not take into
consideration the amount or nature of the obligation sought to
be enforced or any possibility of settlement for less than the
obligation sought to be enforced by the non-breaching party.
1.23. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
- 12 -
.
,,'
""
I,
" '
~"M""',;,",","""",,,
I' "
1.24.
SEVERABILITY
If any term, 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
remain valid and continue in full force, effect and operation.
Likewise, the failure of either party to meet his or her obligations
under this Agreement under anyone or more of the paragraphs hereunder,
with the exception of the satisfaction of a condition precedent, shall
in no way avoid or alter the remaining obligations of the parties,
1.25.
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.
1.26.
INCOME TAX MATTERS
With respect to income tax matters regarding the parties the
following shall apply:
1. PRIOR RETURNS: The parties have heretofore filed joint
federal and state returns. Both parties agree that in the
event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against
either of them, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the
- 13 -
7
'"
" ", " -. ~; -u~'~
~~",...~""d,".-!o'"A
"
individual who is finally determined to be the cause of the
misrepresentations or failure to disclose the nature and
extent of his or her separate income on the aforesaid joint
returns.
2. CURRENT RETURNS: The parties shall file individual tax returns
for the current tax year and for every tax year hereafter.
1.27. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4) years
from the date of their divorce all financial records relating to the
marital estate, and each party will allow the other party access to
those records as may be reasonably necessary from time to time.
1.28.
MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party at
the address listed on page 1 above, or such other address as that party
may from time to time designate.
1.29.
EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if the
parties reconcile, cohabit as Husband and wife or otherwise, or attempt
a reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms
hereof unless the parties, in writing, signed by both parties, execute
a statement declaring this Agreement or any term of this Agreement to be
null and void.
THIS SPACE INTENTIONALLY LEFT BLANK
- 14 -
J
""'HM .~''''''''''''''~''''''-'''-'O'''
"
SECTION
DISTRIBUTION OF
II
PROPERTY
2.01.
FINAL EOUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set
forth in this Agreement is equitable and in the event an action in
divorce has been or is hereafter commenced, both parties waive and
relinquish the right to divide and distribute their assets and debts in
any manner not consistent with the terms set forth herein and further
waive and relinquish the right to have the court equitably divide and
distribute their marital assets and debts. It is further the intent,
understanding and agreement of the parties that this Agreement is a
full, final, complete and equitable property division.
2.02.
AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of
any claim or right of the other, all property, tangible or intangible,
real, personal or mixed, acquired by him or her, since December 31,
2001, the date of the parties' marital separation, with full power in
him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were unmarried and
each party hereby waives, releases, renounces and forever abandons any
right, title, interest and claim in and to said after acquired property
of the other party pursuant to the terms of this Paragraph.
2.03.
WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release,
renounce and forever abandon any right, title, interest and claim, if
any, either party may have in and to any inheritance of any kind or
- 15 -
".
~,' =, "' ~ ", '"""""~"""_.,,,,,,,,.,,,,,;~.;,'
, .
nature whatsoever previously, or in the future, received by the other
party.
2.04.
AS IS CONDITION
Except as otherwise specifically herein provided, and with respect
to the transfer of any tangible assets provided for in this marital
Agreement, the parties acknowledge that he or she have had the
opportunity to inspect and view the assets that he or she is to receive
as his or her sole and separate property and he or she is fully aware of
the condition of such tangible asset and is receiving those assets in
"as is" physical condition, without warranty or representation by or
from the other party.
2.05.
PERSONAL PROPERTY
With respect to the tangible personal property of the parties
including, but without limitation with specific reference to, jewelry,
clothes, furniture, furnishings, rugs, carpets, household equipment and
appliances, tools, pictures, books, works of art and other personal
property ("the Personal Property"), the parties agree as follows:
1. DIVI,SION: Husband and Wife do hereby acknowledge that they
have previously divided the Personal Property. Hereafter Wife
agrees that all of the Personal Property in the possession of
Husband shall be the sole and separate property of Husband;
and Husband agrees that all of the Personal Property in the
possession of Wife shall be the sole and separate property of
Wife.
2. EXCEPTIONS TO DIVISION: The foregoing notwithstanding the
parties agree that Wife shall receive as her sole and separate
property all of the items set forth on the list that was
- 16 -
"" ~" ," .'C
^ "'"~-"~'i:i:iWilli!i;/U>Ii~"",'
. ,
previously agreed to by the parties and to the extent that
said items remain on or in the Marital Residence Wife shall be
entitled to remove the same from the Marital Residence. Wife
shall make arrangements with Husband, and Husband shall
cooperate with those arrangements so that these items can be
removed from the Marital Residence upon completion of the her
garage or sale of the Marital Residence, which ever is
earlier.
3 .
The parties do hereby specifically waive, release,
WAIVER:
renounce and forever abandon whatever claims, if any, he or
she may have with respect to the Personal Property which shall
become the sole and separate property of the other,
2.06.
VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles and
the like owned by one or both of the parties, or the trade in value
thereof, identified and set forth on the ~Marital Distribution Sheet",
attached hereto, mat-ked Exhibi t ~A" and made a part hereof (~the
Vehicles") if the Vehicles have been sold or traded in prior to the
date of this Agreement, the parties agree as follows:
1. WIFE'S VEHICLE(S): Wife's 1998 Cadillac, Wife's 1970 Corvette
and the Joint 1991 Corvette convertible shall be the sole and
separate property of Wife.
2. HUSBAND'S VEHICLE(S): Husband's 1969 Corvette, the joint 1995
Indy Pace Car, the 1978 Indy Pace Car, the 1954 Corvette, the
1959 Corvette and the 1931 Devaux shall be the sole and
separate property of Husband.
3. IDENTIFICATION: Identification of a Vehicle herein shall
- 17 -
"
=m= ~
-,"0'1"
"""' """'""...."'~""""t-;J~""""=?-:O;,'d"".,'~""
I) "
include not only the Vehicle, but also the sale or trade-in
value thereof if it had been sold or traded in prior to the
date of this Agreement.
4. TRANSFER OF TITLES: The titles to the Vehicles shall be
executed by the parties, if appropriate, for effectuating
transfer as herein provided on the date of execution of this
Agreement and said executed titles shall be delivered to the
proper party on the distribution date.
5. TITLE AND POWER OF ATTORNEY: For purposes of this Paragraph
the term "title" shall be deemed to include "power of
attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise.
6. LIENS: In the event any Vehicle is subj ect to a lien or
encumbrance the party receiving the Vehicle as his or her
property shall take it subject to said lien and/or encumbrance
and shall be solely responsible therefor and said party
further agrees to indemnify, protect and save the other party
harmless from said lien or encumbrance.
7. WAIVER: Each of the parties hereto does specifically waive,
release, renounce and forever abandon whatever right, title
and interest they may have in the Vehicles that shall become
the sole and separate property of the other party pursuant to
the terms of this Paragraph.
2.07.
920 LAMBS GAP ROAD, MECHANICSBURG, PA
The parties are the owners of a certain tract of improved real
estate known and numbered as 1920 Lambs Gap Road, Mechanicsburg, PA
("the Marital Residence") and which is encumbered with a mortgage owed
- 18 -
-
-. "'""""""....
--"" """"'"~"",",~(",,,,,,....,,,"-;,
" 11
to Sun Trust, ("the Mortgage"). With respect to the Marital Residence and
the Mortgage the parties agree as follows:
1. LISTING: The Marital Residence shall be listed for sale and
the listing agreement signed simultaneously with the execution
of this Agreement. The initial listing price shall be
$829,000.00. The initial listing agent shall be Alice O'Neil,
the Realtor selected by Wife. The parties shall sign a six
(6) month listing contract with that realtor upon the signing
of this Agreement. If at the end of the six (6) month listing
contract, or any mutually agreeable extension period thereof,
the parties do not mutually agree to extend that listing
contract, the parties shall execute another six (6) month
listing contract with a licensed realtor to be selected by
Husband. Thereafter on a six month basis the parties shall
alternate in the right to select the listing realtor, in the
absence of a mutual agreement.
2 . MARKETING AND PRICE ADJUSTMENTS: Once the Marital Residence is
listed for sale, the parties shall thereafter market the
Marital Residence so that it can be sold at the best price
obtainable. The marketing and sale of the Marital Residence
shall be under the following terms:
a. AcceDtance of Reasonable Offer: The parties shall be
required to accept any reasonable offer to purchase the
Marital Residence, which shall be determined on the basis
of the length of time on the market, the terms of any
prior offers, advice given to either or both parties by
their joint realtor or any other realtor, and the then
- 19 -
.;<';i;
ililIWiiIi'
""""""""_~"",,,-",'<.-,or,,~,',".,,,.,~,'
existing market conditions.
b. Refusal to Accept Reasonable Offer and Assessment of
Attornev's Fees: If either party fails or refuses to
accept any such reasonable offer, the party refusing or
failing to accept the same shall be liable for the
reasonable attorneys fees and costs incurred by the other
party in seeking and obtaining a court order to require
a sale under the terms of the reasonable offer.
c. Relocation period: Any agreement for sale of the Marital
Residence shall provide Husband and his mother a period
of at least sixty (60) days to relocate. Therefore for
any offer to be deemed to be reasonable, it provide for
a settlement date at least sixty (60) days after the date
of the sales contract, unless, Husband shall agree
otherwise.
5. DISTRIBUTION OF SALES PROCEEDS: Upon the sale and settlement
of the Marital Residence, the net proceeds derived, after
payment of the Mortgage and all other normal and reasonable
settlement costs, shall be applied to the payment of the
following, listed in order of priority of payment:
a. Pavment of Mortaaaes and Liens: The then existing
outstanding balance owed on the mortgage and any other
liens and encumbrances against the Marital Residence;
b. Settlement Costs: Payment of all normal and reasonable
settlement costs, including, but not limited to
including, but not limited to by way of illustration,
real estate broker's commission, transfer taxes, deed
- 20 -
. ~ ,,~. ~ "H
'.~ :ro:.:mr"""""",.-:1,,,.,'..,;-'e,,__
.
I, I,
preparation, notary fees, disbursement fee and the like,
c. PaYment to June Yaple: The payment to June Yaple of the
sum of Twenty-two Thousand Dollars and No Cents
($22,000.00) .
d. PaYment to Husband: 50% of the then remaining balance to
Husband;
e. PaYment to Wife: 50% of the then remaining balance to
Wife.
6. CLEAN AND GREEN TAXES: Husband shall be solely responsible
for and shall timely pay and any all taxes arising out of the
termination of the enrollment of the Marital Residence and the
Lambs Gap Lot in the Clean and Green Program, which
termination will occur on or before the sale of the Marital
Residence. Husband will pay those taxes on or before the date
of settlement on the sale of the Marital Residence.
7. CAPITAL GAINS OR SIMILAR TAXES: Each party shall be
l:'esponsible for the timely and prompt reporting of fifty
percent (50%) of the gain derived from the sale of the Marital
Residence, if applicable, on his or her appropriate tax
l:'eturns and shall be liable for payment of any and all taxes
l:'esulting therefrom, including, but not limited to, capital
gains taxes or the equivalent, and shall indemnify, protect
and hold the other party harmless therefrom.
7. OCCUPANCY: Commencing with the date of this Agreement,
Husband and his mother, June Yaple, shall be entitled to
occupy the Marital Residence and Wife shall not enter upon or
into the Marital Residence except upon twelve (12) hours
- 21 -
, ,
, .........' ,"""' ,~. " ' #""'rt"~"",,,,,,,,,,,y~ "
. J j.
advance notice to Husband so that Husband may make
arrangements to be present if he should so desire.
8. UTILITIES: Husband shall pay for all of the expenses incurred
for the utilities used for his occupancy of the Marital
Residence. In the event Husband should vacate the Marital
Residence during the time the Marital Residence remains
vacate, the parties shall equally contribute to and pay the
utilities in a timely fashion so that the bills and invoices
for said utilities are paid by their due date,
9. MORTGAGE. TAXES AND INSURANCE: With respect to the Mortgage,
real estate taxes (including the taxes due in discount by
August 31, 2002), insurance, municipal assessments, any other
municipal liens and the like, relating to the Marital
Residence ("MTIM ExpensesH) the following shall apply:
a. Payment Amount and Time: The parties shall equally
contribute to and timely pay the MTIM Expenses as those
expenses are incurred and within the time for payment set
forth on the bills therefor, or in discount, if a
discount is available, or in advance if such advance
payment, in whole or in part is required. The foregoing
shall include the obligation to pay the current real
estate taxes for the marital residence by August 31,
2002.
b. Manner of Payment: Each party will be paying his or her
fifty percent (50%) share of the MTIM Expenses by
separate individual check, and each shall have their
check delivered to the appropriate entity issuing the
- 22 -
-,
",
0",
<
-<, ~.> ~"-'b:;<
09/19/02
15:45
DIRNE G RRDCLIFF ~ 7747059
NO. 001
GJ01
1. ".
bill or req\lid,ng the advance payment eo that each of the
MTIM Expenses, are paid on time, and if applicable, in
discount. If any party fails to make timely payment of
his Dr her share aforesaid, than that party ehdl be
responsible for any loss of discount, interest, or
penalty that arises out of that late payment.
c . Manner of Payment: Ilach party will be paying his or her
fifty percent (50%) share of each of these obligations by
their separate check and shall see that their check is
delivered to the aJ;lpropriate entity issuing the bill
therefore so that each of these obligations are paid on
time, and if applicable, in discount. If any party fails
to make timely payment of his or her share as aforesaid.
than that party shall be responsible for any interest or
penalty that arises out of that late payment.
d. Tax ReDOrting: For the 2002 tax year and each tax year
the~eafte~ until the Marital Residence 110 sold, each
party shall be entitled to claim as a deduction on his or
her applicable individual tax return(s) that portion of
the payment of the mortgage interest and real estate
taxes that he or she has made during that tax year.
e. Refunds: Any refunds that the parties shall receive for
any of the MTIM expenses, including such refunds arising
out of the sale of the Marital Residence, shall be
equally divided between and distributed to the parties.
11. REPAZRS AND MAINTENANCE: With respect to any expenses to be
incurred after the date of this Agreement for repair ("Repair
" 23 -
,'~ '"
& ,
.;-1. - ~~',I-.cc\illi..",;"'&cld,", 1
.'
Expenses" andlor maintenance ("Maintenance Expenses")
regarding or relating to the Marital Residence (the Repair
Expenses and the Maintenance Expenses are hereafter
collectively referred to as the "RIM Expenses") the following
shall apply:
a. PaYment Amount and Time: The parties shall equally
contribute to and timely pay the RIM Expenses as those
expenses are incurred and within the time for payment set
forth on the bills therefor, or in discount, if a
discount is available, or in advance if such advance
payment, in whole or in part is required,
b. Manner of PaYment: Each party will be paying his or her
fifty percent (50%) share of the RIM Expenses by separate
individual check and each shall have their check
delivered to the appropriate entity issuing the bill or
requiring the advance payment so that each of the RIM
Expenses are paid on time, and if applicable, in
discount. If any party fails to make timely payment of
his or her share aforesaid, than that party shall be
responsible for any loss of discount, interest, or
penalty that arises out of that late payment.
c. Aooroval of Work: the following shall apply to approvals
necessary before the RIM Expenses can occur:
1. Reoair Exoense under $250.00: there shall be no
prior approval required before a party can incur a
repair expense under the amount of $250.00.
2. Reoairs over $250.00 and Maintenance: Before a
- 24 -
~
-
"0
,'.
I, I
.
, !c"',..L<~"",,,,,_,
"
party incurs a Repair Expense that will costs an
amount equal to or greater than $250.00 or a
Maintenance Expense of any amount, that party shall
first be required to secure the written approval of
the other party to undertake that repair and/or
maintenance. If such written approval is not
obtained by the party requesting the work than the
requesting party shall be solely responsible for
the cost of that work and the other party shall be
relived of all liability therefor.
3. Estimates: If a party insists on securing an
estimate before the approval required in the
preceding paragraph is given, then that party shall
be required to make the arrangements for that
estimate and shall be solely liable for any cost or
expenses that is incurred for that estimate.
12. MISCELLANEOUS: Wife shall pay Husband the amount of $46.23 for
the bills and expenses that have heretofore been paid by the
parties individually prior to the date of this Agreement,
which amount was calculated and set forth in Husband's
Attorney's letter dated August 9, 2002. Wife's payment shall
be made within seven (7) days of the date Husband provides
Wife with the name and address of the contractor, and a copy
of the check verifying the payment of this obligation.
2.08. LAMBS GAP ROAD LOT, MECHANICSBURG, PA
Husband and his mother, June Yaple, are the joint owners with
rights of survivorship of a certain three (3) acre tract of unimproved
- 25 -
~';'>
"
"--~"'~~
t. I..
real estate located along Lambs Gap Road, Mechanicsburg, PA ("Lambs Gap
Lot") which is unencumbered. With respect to the Lambs Gap Lot the
following shall apply:
1. CONVEYANCE: Wife shall make, execute and deliver all documents
in the usual form conveying, transferring and granting to
Husband and his mother, June Yaple, all of Wife's right, title
and interest in and to the Lambs Gap, and wife specifically
wai ves, releases, renounces and forever abandons all her
right, title and interest therein. The deed of conveyance
therefor shall be prepared by Husband's attorney, executed by
Wife and delivered to Husband as provided in Paragraph 2.09
herein.
a. Liens. Encumbrances and Exoenses: The said conveyance shall
be subject to any and all liens and encumbrances, real estate
taxes and any other municipal liens. The conveyance shall
further be under and subject to any covenants and restrictions
of record. Husband shall hereinafter be solely responsible
for the payment of any liens, encumbrances, real estate taxes,
other municipal liens and any and all other expenses
associated with the Lambs Gap Lot, whether incurred in the
past, present or future, and shall indemnify, protect and hold
Wife harmless therefrom.
2.09. SUBDIVISION
With respect to the proposed subdivision of the Marital Residence
referenced in paragraph 2.07 Herein and the Lambs Gap Lot referenced in
the Paragraph 2.08 herein, the following shall apply:
1. SUBDIVISION PLAN: The Marital Residence and the Lambs Gap Lot
- 26 -
-
,.,=",~ ,"' """
I",
~' ~'
~ l~,.",-""~-="",,.._:~~~
'. I,
shall be subdivided and reconfigured in accordance with the
proposed subdivision plan previously prepared by Husband's
engineer and reviewed and accepted by the parties (the
"Subdivision Plan") .
2. SIGNING AND SUBMISSION: The parties shall sign that
Subdivision plan within three (3) days of the date of this
Agreement and shall deliver it to Husband, Husband or his
engineer shall submit the subdivision Plan to the Township so
that it can be reviewed in the Township September meeting.
3. COSTS: The costs of subdivision shall be paid solely by
Husband who shall indemnify, protect and hold wife harmless
from any and all liability therefor.
4. MINOR MODIFICATION: If the Township requires any minor
modification(s) to or on the Subdivision Plan which do not
substantially alter the Subdivision Plan or otherwise
negatively impact upon the value of the Marital Residence,
then the parties shall agree to those modifications and shall
execute any documents required by the Township to effectuate
the same.
5. DESCRIPTION DESIGNATIONS: If and when the Subdivision plan is
approved and recorded, the lot on the Subdivision Plan which
includes the parties' marital home shall thereafter be
considered to be the "Marital Residence" and as so
reconfigured on the Subdivision Plan shall be distributed as
herein provided, and the remaining unimproved lot containing
approximately three (3) acres shall be considered to be the
"Lambs Gap Lot" and as so reconfigured on the Subdivision Plan
- 27 -
~ , "
.,1.
'1&
'~""~:","W"''''o;i...,t''''i~'"'
shall be distributed as herein provided.
6. SALE AND TRANSFER CONTINGENCY: The contract for the sale of
the Marital Residence set forth in Paragraph 2.07 herein and
the transfer of the Lambs Gap Lot set forth in Paragraph 2.08
herein shall be contingent upon approval and recording of the
Subdivision Plan no later than December 31, 2002. In the
event the Subdivision Plan approval and recording does not
occur by December 31, 2002, then this contingency shall be
removed and be considered to be terminated, null and void.
Thereafter any contract for the sale of the Marital Residence
and any such sale pursuant thereto shall be without such
contingency and based on the configuration and legal
description as currently exists; and, within seven (7) days
after Husband's attorney prepares and delivers to Wife's
attorney the deed to effectuate the transfer the Lambs Gap Lot
based on the configuration and legal description as currently
exists to husband and his mother, June Yaple, as herein
provided, Wife shall execute that deed and deliver it to
Husband's attorney for recording.
2.10.
WAIVER OF INTEREST IN OTHER REAL ESTATE
Wife does specifically waive, release, renounce and forever abandon
all of her right, title, interest or claim, whatever it may be, in the
real estate known and numbered as 420 St. Johns Church Road, Camp Hill,
PA 17011, owned by Husband and his mother, June Yaple, and hereafter the
420 St. John's Church Road, Camp Hill, PA property shall be, become and
remain the sole and separate property of Husband and his mother, June
Yaple. If Husband requires Wife to execute any documents to effectuate
- 28 -
~_.""M;;';I"":."",
.'
this waiver, Husband shall prepare and deliver said documents to Wife
who, shall execute and return them to Husband within seven (7) days
thereafter.
2.11.
WAIVER OF BUSINESS INTERESTS
Wife does specifically waive, release, renounce and forever abandon
all of her right, title, interest or claim, whatever it may be, in the
Husband's interest in the businesses known as Westy Beer Distributor's
Inc. and Husband's Leasing Company shall become the sole and separate
property of Husband. If Husband requires Wife to execute any documents
to effectuate this wai ver, Husband shall prepare and deliver said
documents to Wife who, shall execute and return them to Husband within
seven (7) days thereafter.
2.12.
WAIVER OF INTEREST IN LITIGATION:
Husband does specifically waive, release, renounce and forever
abandon all of his right, title, interest or claim, whatever it may be
in the claim Wife has as the result of her fall at a hotel, including,
but not limited to any moneys that she may receive as the result of
settlement, litigation or otherwise. If Wife requires Husband to execute
any documents to effectuate this waiver, Wife shall prepare and deliver
said documents to Husband who, shall execute and return them to Husband
within seven (7) days thereafter.
2.13.
RETIREMENT AND PENSION PLANS
Each of the parties does specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever
it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit
Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings
- 29 -
r;
~ .,~~' ~,,,... C '''''",-"",,",'M.,'",:,"^,-",,_
Plan, any employee benefit plan and/or other retirement type plans of the
other party, whether acquired through said party's employment or
otherwise, identified on Exhibit "A", incorporated by reference hereto,
("the Retirement Plans"). Hereafter the Retirement Plans shall become
the sole and separate property of the party in whose name or through
whose employment said plan or account is held or carried. If either
party withdraws any sums from the Retirement Plans distributed to him or
her pursuant to the terms of this Paragraph, that party shall be solely
liable for any and all taxes and penalties resulting from that
withdrawal.
2.14.
BANK ACCOUNTS/STOCK/LIFE INSURANCE
The parties acknowledge and agree that they have previously divided
to their mutual satisfaction all of their bank accounts, certificates of
deposit, bonds, shares of stock, investment plans and life insurance cash
value, identified on Exhibit "A", incorporated by reference hereto, ("the
Accounts"). Hereafter Wife agrees that all the Accounts held in the name
of Husband shall become the sole and separate property of Husband; and
Husband agrees that all the Accounts held in the name of Wife shall
become the sole and separate property of wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever right,
title, interest or claim, he or she may have in the Accounts that are to
become the sole and separate property of the other pursuant to the terms
hereof.
2.15.
TAX PROVISIONS
The parties believe and agree that the division of property made to
be made pursuant to the terms of this Agreement is a non-taxable division
of property between co-owners rather than a taxable sale or exchange of
- 30 -
~~ ~-~
,"
- ~ , >" ,. - ""
..""
,. _0 ',1 ,~,~ --
~ .., ~.-'- .~' " ";""""s---,!,,~,,,C""
"
such property. Each party promises not to take any position with respect
to the adjusted basis of the property assigned to him or her or with
respect to any other issue which is inconsistent with the terms of this
Paragraph on his or her applicable federal or state income tax returns.
THIS SPACE INTENTIONALLY LEFT BLANK
- 31 -
"'
" "
,. ,. - ~,.
I"'w.~'
"'>
~<,~ ",",",,,,;,,.tiHl.W"",,,,,,,,
SECTION
DISTRIBUTION
III
OF DEBTS
3.01.
WIFE'S DEBTS
Wife represents and warrants to Husband that since the parties'
marital separation she has not contracted or incurred any debt or
liability for which Husband or his estate might be responsible. Wife
further represents and warrants to Husband that she will not contract or
incur any debt or liability after the execution of this Agreement for
which Husband or his estate might be responsible. Wife shall indemnify
and save Husband harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
3.02.
HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the parties'
marital separation he has not contracted or incurred any debt or
liability for which Wife or her estate might be responsible. Husband
further represents and warrants to Wife that he will not contract or
incur any debt or liability after the execution of this Agreement for
which Wife or her estate might be responsible. Husband shall indemnify
and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
3.03.
MARITAL DEBT
The parties acknowledge, represent and agree that there are no
outstanding debts that they have incurred during the marriage that have
not otherwise been provided for herein. If any such debt exists that has
not been disclosed in this Agreement, the party incurring that debt shall
be solely liable therefore and shall indemnify, protect and hold the
- 32 -
,., ,,~, ~~
_I.
.1
= ~,,~ ~~'-""J:;.'-"._'~,~",,,,-,,""C.'
1,
other party harmless therefrom. The parties further agree that from the
date of this Agreement, each party shall only use those credit accounts
or incur such further obligations for which that party is individually
and solely liable and if any joint accounts remain open, the parties
shall cooperate in closing said remaining joint accounts.
3.04.
INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this
Agreement shall indemnify, protect and hold the other party harmless from
and against all any and all liability thereunder, including, but not
limited to, any attorney's fees and costs incurred by the other party as
the result of defending against the obligation and/or enforcing the
provisions of this indemnification.
THIS SPACE INTENTIONALLY LEFT BLANK
- 33 -
."~~ .' ~ ~~
" I
~'
~~~ ~t~....,~",,,..,,",..;,,,.,.
.
'.
SECTION IV
COUNSEL FEES, ALIMONY,
SPOUSAL SUPPORT AND HEALTH INSURANCE
4.01.
WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or claim
each may have, both now and in the future, against the other for counsel
fees, costs and expenses.
4.02.
ALIMONY AND SUPPORT
The parties hereto agree and do hereby waive any right and/or claim
they may have, both now and in the future, against the other for alimony,
alimony pendente lite, spousal support and maintenance.
4.03.
HEALTH INSURANCE
The following shall apply regarding health insurance on the parties
and their children:
a. Health Insurance for Spouse: Any party carrying health
insurance on the other party shall continue to provide health
insurance coverage on the other party until the date of the
entry of the divorce decree. The party for whom that health
insurance is provided shall be entitled to elect Cobra
coverage under the other party's employment policy in
accordance with federal rules and regulations provided that he
or she shall be solely be responsible for the payment of the
costs therefor.
b.
Health Insurance Documentation:
Any party having the
insurance coverage on the other party shall be required to
- 34 -
It
."""",.. ~~. -.
0" -"
-~',I'
,
~.io>I.Iil~'~""~,"-'""''''"'$_1
I. '.. \ " ~
provide the other party with all documentation pertaining to
the insurance including, but not limited to, medical insurance
cards, benefit booklets, claim submission forms and all
statements pertaining to the determination of insurance
coverage as to each claim made thereunder.
THIS SPACE INTENTIONALLY LEFT BLANK
- 35 -
,~" ~- ~ .;. - ,",,' , .'~'" .,-~~-- "-",'",",, }-,)'~~[j!
1 t r " c'.
SECTION V
CLOSING PROVISIONS AND EXECUTION
5.01.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, but all of which shall constitute one and
the same agreement.
5.02.
FACSIMILE SIGNATURE
Each party agrees to accept and be bound by facsimile signatures
hereto.
5.03.
BINDING EFFECT
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND
UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF
THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the Karen K. Yaple, intending to be legally
bound hereby, has signed sealed and acknowledged this Marital Agreement
in various counterparts, each of which shall constitute an original.
~~)/, &~(SEAL)
N K. YAPLE
Date: {Of ~(j/- 07----
- 36 -
j
--
-
- ~ '.
~ 'd', , ""
,'k
~ '-, """",', ",^.=Li"",i ,,.~"',h'
I, r " ~
IN WITNESS WHEREOF, the James S. Yaple, Jr., intending to be
legally bound hereby, has signed sealed and acknowledged this Marital
Agreement in various counterparts, each of which shall constitute an
original.
(}/YV\F7:> 5b G /1 .
(SEAL)
Date: ~ {; CJ"h-
(
- 37 -
:
;""">
~~
.
.........1
._"""-..~~~ '~:'Q!Ji AtI1;j~,
.
I. ' If' ~ .A,
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the L day Of~~ 2002, before me the
undersigned officer, personally ap eared, KAREN K. YAPLE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the
within Marital Agreement, and acknowledged that KAREN K. YAPLE executed
the same for the purposes therein containe
IN WITNESS WHEREOF, I hereunto
and notarial seal.
~~-~
L.l ". ~f.., ,
..:: . ....,,::;~~.. . .'
NOTARY PUBLIC
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the )<0 day of ~mbfJl') 2002, before me the
undersigned officer, personally appeared, JAMES S. YAPLE, JR., known to
me (or satisfactorily proven) to be the person whose name is subscribed
to the within Marital Agreement, and acknowledged that JAMES S. YAPLE,
JR. executed the same for the purposes therein contained.
\
t my hand and notarial seal.
IN WITNESS WHEREOF, I
C
Expires:
Notarial Seel
'Olane G. Radcliff, lIlolery Public
Camp filii 8o'~ C"'"".rland County
Myt301'Wnfs~lt1" ,; '1\'~:(!,S .J::m 11, 2004
MImltlr, PennSylvaniaAsSociaticn cfNotar1aA
- 38 -
~1
.
'J" ['srI_:.\.
MARITAL DISTRIBUTION SCHEDULE
EXHIBIT A
NO DESCRIPTION OF PROPERTY OR PROPOSED DISTRIBUTION TO PROPOSED DISTRIBUTION TO
LJ:ABJ:LITY HUSBAND WIFE
. ' -,.~=-..~<~_.
I , REAL ESTATE A'NDREAL, ESTATE MORTGAGES , ., ..
A 920 Lamps Gap Road Portion to June Yaple and Portion to June Yaple and
Mechanicsburg, Pa remainder split equally remainder split equally
(7 Acres) between parties between parties
Sun Trust Mortgage 50% until sale of house 50% until sale of house
then paid from sales then paid from sales
proceeds proceeds
B 3 Acres on Lambs Gap Road Entire Asset And/or Value
C Westy's Beer Land Entire Asset And/or Value
,-'- ~-"~ c c ...,- c.... "
..2' MOTOR:WHIcns AND VEH:rCLE LIEjiS, .,.',.'.'. , . , ' ,;':' .i "...
.. .' . ,
A Wife's I998 Cadillac Entire Asset And/or Value
B Wife's I970 Corvette Entire Asset And/or Value
C Husband's 1969 Corvette Entire Asset And/or Value
D 1995 Indy Pace Car (Joint) Entire Asset And/or Value
E 1991 Corvette convertible Entire Asset And/or Value
(joint)
F 1978 Indy pace car Entire Asset And/or Value
G 1954 Corvette Entire Asset And/or Value
(in parts)
H 1959 Corvette Entire Asset And/or Value
I 1931 Devaux Entire Asset And/or Value
.::::..: ;= , c .."." :.,7:- "".,-;' ii .,...."
3 C)l:ECKIliGACCq!#S'ium CASj{..' """"""""
A Husband's Commerce Bank Entire Asset And/or Value
Checking Account
B Wife's Commerce Bank Checking Entire Asset And/or Value
Account
-
- 39 -
.
+ " " ..,
,'" t".t-.
~
NO
DESCRIPTION OF PROPERTY OR
LIABILITY
PROPOSED DISTRIBUTION TO
HUSBAND
PROPOSED DISTRIBUTION TO
WIFE
4; LiFE. I:NSUR.wci';;"9~:J:CI~~,L.>,__ ,','c,_.. -,~'._' _-=-,u.:__ "".'",."'.'.i,,. "', .."'.'...
A
B
C
5
A
Husband's Fidelity Mutual
Policy
Husband/s Prudential Policy
wife's Fidelity Mutual Policy
".;," .
Entire Asset And/or Value
Entire Asset And/or Value
, ,.,.,
Entire Asset And/or Value
A
6; 'mI;oYMli:li.r'I'ENS:rON'&iRETI:RE~N!:P.!-?ill'!l .".
B
C
Westyts Beer Dist~ibutors and
Husband's Leasing Company
Wife's Holy Spirit Retirement
Plan
wife's U.s. Military Retirement
Wife/s Memorial Hospital
Retirement Plan
'",..' ..
Entire Asset And/or Value
"~:~'''''''i_~'-,".";;,;';:.".;'
,-"" ~.~, " " i', .' ....
Entire asset and/or value
Entire asset and/or value
Entire asset and/or va;.ue
,.' -,...........:... ""'i. .'.,.... .
",., ,." .,.' ,
Entire Asset And/or Value
7,
A
'0:
: NOl< mLomiff=IREMliiNT ilJ:Jil:'tSANDlRA ACCOUNTS
B
C
. .
A
wife's (Merrill Lynch) IRA
Husband's Merrill Lynch IRA
wife/s First Dominion IRA
S~LITIGAT:tON.C:LAIM:S
"
Entire Asset And/or Value
.. ,',
Entire Asset And/or Value
:-~,"~\,,-:.~~
..',.'
Entire Asset And/or Value
, : ,,"':J! " , ,,' . "., . -~~". ~ - '.', '.., :"'.!~ ',c'. ' ' _',.-"...,c,' .
..'.,c..""'8:oUS;;;holdGi:;bcl.S""Andhri:ii"'hi;.gs 'c (Atta<::he(L.I.ist~;l:l: iu'pisput,e)', .. c' ", ,.'..'c'
A
B
H.
Wife' Claim Against Hotel
Husband's Household Goods
Wife's Household Goods
_ OT!;ER,ASSE.Tli:,......:'-_,.' c
A Husband's Pre-marital Trains
and Guns
B Husband's Marital Trains and
Guns
C Wife/s J;'ur Coats
D Wife's Jewelry , ,.
Entire Asset And/or Value
.
,',',,""', :...:
Entire Asset And/or Value
Entire Asset And/or Value
- 40 -
.
Entire Asset And/or Value
-, ..
, ,c_ .
"...
Entire Asset And/or Value
Entire Asset And/or Value
~ll:'r . "d;~ ',;I:'iJ:.';';~fuf;~~);iffij;"'~:"':Lfr.u,SW,,';:'!T~~"i'.;,,*"{A-.V!'H;I~";. "'''''l.n;,;,t'\'''\5<L));-",;.':;.;.j,";..j~':ilG~''*,Wlit-j~I'j''i''.'!ia~i\.,~W.-iltlli;!.im'.'(-.;IiIlfii?" .~~~iIiii'~ TI'>{
_.~ i[
.
"",-. '."1
IlIf 1;
~
() 0 (")
C r'" "
s: In =.--:1
iBW ."T\ fh~>
p1 -0
.';,r~'O :\','.~t3
6l~ N
t.., _it.~ I
;;s.L-- ~:2{fJ
<0 -n ~~}~
:1;:.0 ~,"
-,,'.
,.,,'""j c-
:P'c:
~ :".,) ~
(,.) '< }~JA
~
{/,
etl-
.."llL~.U~l!I!
Wl ll. . ,'.' ." ~~ Lll.~,"..,~==,y,,,,, .,~ "~"",,,,I1;'!,-,,-~~
,"',~ .
~"- ~. ~". .~ , ~
I. ,~,'
~,I
. ".,.,,~. '""" ~"
. ",.r. ~'--"'lo.:,'1jiJ/!,,',~~{
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES S. YAPLE, JR.,
Plaintiff
v.
NO. 01-- '7 ()3 7 &.;;J)
CIVIL ACTION - LAW
DIVORCE
KAREN K. YAPLE,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff, You may lose money or property or other rights
important to you, including custody or visitation of your children,
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
,
--~,..~ ~
~~
, ,~
.' ,I",'
1-
- ~ ",\",,,,,;-,,,,.,,...~"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES S. YAPLE, JR.,
Plaintiff
v.
No.OI-7J,31 ~
KAREN K. YAPLE,
Defendant
CIVIL ACTION LAW
DIVORCE
COMPLAINT
AND NOW, this '31..$'\ day of ~'OvY\b-.., 200l comes the
Plaintiff, JAMES S. YAPLE, JR., by his attorney, DIANE G.
RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the
following is a statement:
COUNT I: DIVORCE
1. The Plaintiff is JAMES S. YAPLE, JR., an adult individual
residing at 1920 Lambs Gap Road, Mechanicsburg, PA 17050,
2. The Defendant is KAREN K. YAPLE, an adult individual residing
at 1920 Lambs Gap Road, Mechanicsburg, PA 17050.
3. Plaintiff and/or Defendant have been bona fide residents of
the Commonwealth for at least six (6) months previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on May 16, 1984 at the
Peace Church in Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
participate in counseling.
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HlLL, PA 17011
(717) 737~0100
-2-
__,J,<"
"
~ ,
",.;. ,.
""~.'~~""'''''''''___
7, The Defendant is not a member of the Armed Services of the
United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
Or in the alternative,
b. That the parties are now living separate and apart, and
at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate
and apart for at least two (2) years and that the
marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant,
COUNT II: EOUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length.
10. plaintiff and Defendant have acquired property and debts, both
real and personal, during their marriage from May 16, 1984
until October 1, 2001, the date of separation, all of which
are "marital property" or "marital debts".
11. Plaintiff and/or Defendant have acquired, prior to the
marriage or subsequent thereto, "non-marital property" which
has increased in value since the date of marriage and/or
subsequent to its acquisition during the marriage, which
increase in value is "marital property".
12 .
plaintiff and Defendant have been unable to agree as to an
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
- 3 -
.....
""
,
"-'''''~ ~"JJi"f<IIim.'-
_:"~,',",~;"'~~"
equitable division of said property and debts as of the date
of the filing of this Complaint.
WHEREFORE,
Plaintiff requests this Honorable Court to
equitably divide all marital property and debts of the parties.
COUNT III: ALIMONY PENDENTE LITE. ALIMONY
13, Paragraphs 1 through 12 are incorporated by reference hereto
as fully as though the same were set forth at length.
14. Plaintiff lacks sufficient property to provide for his
reasonable means and is unable to support himself through
appropriate employment.
15, Plaintiff requires reasonable support to adequately maintain
himself in accordance with the standard of living established
during the marriage.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
award of alimony pendente lite until final hearing and hereafter
enter an award of alimony permanently thereafter.
COUNT IV: COUNSEL FEES
16. Paragraphs 1 through 15 are incorporated by reference hereto
as fully as though the same were set forth at length.
17. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel
but is unable to pay the necessary and reasonable attorney's
fees for said counsel.
18.
The Plaintiff is in need of hiring various experts to appraise
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
- 4-
I
II
- b.~~~
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
..
, I 1,',,'. "~, ",
".< '. . ~"" '=1'YWl@~,_
.'"' . ~ I " '~
~~,
the parties' marital assets and does not have the funds to pay
the necessary and reasonable fees.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
award of interim counsel fees, costs and expenses and to order such
additional sums hereafter as may be deemed necessary and
appropriate and at final hearing to further award such additional
counsel fees, costs and expenses as are deemed necessary and
appropriate.
Respectfully submitted,
, ESQUI
Road
17011
t ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
- 5 -
I
II
k~
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
,~,I
1-
. "'~"" '." "'-~"'+."J_'_ '-"". "
VERIFICATION
JAMES S, YAPLE, JR. verifies that the statements made in this
Complaint are true and correct. JAMES S. YAPLE, JR. understands
that false statements herein are made subject to the penalties of
18 Pa. C. S. Section 4904, relating to unsworn falsification to
authorities.
- 6 -
]:;
,Ji'~~~"O; i~~1:';'''''~H~n~ii>fi\!i,~-ii!irMi~'.iJtY;'''t$l;!W_~';W;~!:''i''',,',,+-~,,\iH'~~l"tiK'__,ii,01-r,B;~~'ii<J!,Wj"'h",",,'J>,":;;,illIil.<il~'"_!1ti~~~~"!jC.illlii!f~..1~ J.llJ:i1!li ",,,-,,,,, .
r
~~
-- *-
9.)
O~
~~
o
@;
~
~.
~ ...t::--
G1 ~
?To.
~ () gf
GJ
=:tJ -.. s!?
o:.~~
cJr ~~
. j-"
.,
A)
~.
0-.
-.-
B
L~LJ-"-~;",~ .l!lL_l,~,~.".~ ,_ 1 _=w_,_~,=", ,'"_'="""P__"c~ ".,~,_ _ ""_",",,,,,,,,,' ,_ _ =. '__
,~ ~",' <~,,-~, - , ., ,
o
c
<'"
-uCf:;
92~:F
Zf'
~~;;
~G
i"C)
;';Cl
Pc
~
_!r,~
c:>
C)
- ~ 1
CJ
r.rj
"
w
", I.G~!
J r__:}
l=J
-T'.
;;11>>
->-
~-' ---:..
,- '--'
, _1!
c.-
~
\()
(J1
-~
I.
I
'..'~"w""~,",.__,,,., '
"
1. 4.02
Yaple v. Yaple
Ce~tifi~ate of Service
JAMES S. YAPLE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-7237
KAREN K. YAPLE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Complaint
in Divorce has been served upon the Defendant, KAREN K. YAPLE, by
Certified Mail, Restricted Delivery on January 3, 2002. The return
receipt is attached hereto as Exhibit "AU and made a part hereof.
Respectfully submitted,
\
F, ESQ I E
Trindle Road
.' A 170n
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
- 1 -
L
..w'"~
~,
J:.'
",,1
~'- ,'"- "",-;~",,-',
. ~ ~l
_.0- fir' ",;.,;,,,,:~-~",,",,,,,,-,:~_~?_,
1. 4 . 02
Yaple v. Yaple
CeFtitiqate of Service
IT'
rt.I
c[]
.J]
=r
t::l
r1
...
Postage $
.51
1.. . 10
Postmark
Here
Certified Fee
m
t:J
t:J
t:J
Return AeceiptFee
(Endorsement Required)
Restrioted.DeliveryFee
(Endorsement Required)
o
o
0.-
m
Total Postage & Fees
3,2,0
$ '5.
tr'
tr'
CJ
t'-
N~ rease Print GI~Y~ ~ co~e~e~y mailer)
's-'tUUtU'~tUN' CpOuuS.uuNu\!uP'..w"u.\.ELuum...u..mmm.....
'fI3e.r>fJ_ 0., or ox o.
-tiiy:sf8.fi,-Z1p:;:;rn--n--n---"--
. Com~lete items 1 ,2:~nd 3. Also cOrl1pl8t~' .
item 4 if Restricted Delivery is desired_
. Print your name and address on the reverse
. so that we 'can return the card to you.
. Attach this card to the back of the mailpiece, X
or on the front if space permits.
1. Article Addressed to:
>>
. "'''<fc!t
,~
',;;Jj
:'Seivjc,,~"
o Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchand!se
o Insured Mail' 0 C.O.D.
ed-Delivery'? (Extra Fee)
2. ,Article Number (Copy from service labeQ
Pili W<Irm 3ISftJuli! i~ .
'0
Jl70qq~~:YW' ~O ~ '1 rO'f
1025Q5-99.M-1789
lP&"2.9'
.
EXHIBIT "A"
RETURN RECEIPT
- 2
,L~ii~~",)""~~m~~frllll~~illJ~'';-L'<l;t'-.i~@,M:1l:j''l!i€;!~J(&'.o0kil1tl!'!'r.i;'l;i'#'n~~illiDltl~r' '.-. ,""'h" '-'''''''U-l- ,^':- "~i,.;,,,~.,,-" l<.".;:"'';;''''''''.'",;r
""'n..",~
0 0 ()
C :"0 -n
~ c_
"'\)0:1 :;:::1:" ::n
nlp; ~
2:0:: r-
,jT1_
Z r- .;-,~;-=-?
00 ~~
-( ""' ,--,
c.:c '::cd
....,.,
)'" '<~ r~~
-;;.c)
~~8 - :::'::~
'OJ
~
~ )>
-< ,;) =<
,..,L........~.
,."-.....
~__~~ ",.,,,,,,,,. ,.,.",,,,.,,_", .~<~ _ - .." ^ - _~'d",L .~,'~_, . '" '
",'"
,- ,- ,0 t:~ ,;f' -'- _ ",-;<;-.,,:~'.
"I
," '; '-. ~'-~.- ,i/_~.', '" ,'--._ '",,' "',c::F~~~-d>;~'~;J;--:':,;':t:;.~,:,;;',:,~;;;,\~-;,,, ',t2t:--E'/Z__r ;'~'--:,~~,~:~.?,~~;~~~JI
JAMES S. YAPLE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-7237
KAREN K. YAPLE,
Defendant
Civil Action - Law
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 31, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry ofthe decree.
4. 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.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: 1j4~2
i~
- '-- - ;:.J..ii,:tS::;;,,::;;;),,~;f_: .'"" ,,/ :':':d~,!r:',L'i'~~""';,;,~:,;:- ~Yf.'" ;c.,,>'
~~i,:~~:~ri,;;,;~;;..:-';';:;;;f0.';':;';:;"'-i-\t;,i-> ................
1::5'
~L.
M1=_,,"
.J
~.'~'"'. ~~,.,~~",- <'
~
==-~- ,,"" ~~~.-
'. """'>"''''''''",.,.,
';'G'C;,o ._ .1. I I I
",<~,W;___"~>,,",,",. __"',,H ,~~
,=,,---,"""....."',''''',-~.
. :.,_'j,".- "h;"'~ ;0-ol:,A'''''><--< M
(') 0 ~
~ N
""- en -...
;Rm fTI ::r.:n
Z:o -0 nor-
i55;; N ~ga
-<.2': W (:)6
~C) v :'0;:;"
):>c :il: ;:)-:r1
ZC5 '?(')
>c l;"" om
~ ''-'' ~
~, w -<
~ =--- ...,,,,,,"<,,,,,,,,,*"'~-"""'" ,."" -- -, "~ "~,
'11
I,
It
I:
W~__~ "~"~O, ~___
"""
- c' -~ ~""
,_,,,.,_,,-_c.__,~,, ~. ~'=c.<"~C-,,~
-- /t'-, '::----",' :;'l,~":;"-'" ."," "---~"~~, ,_ Nub, ,~
i:,-,~+,.",,_- ,,'._
" "-' - " - , - - -- .-- ,:,---,,:;,--' -<, ,- -,- -- "':,~;':.,
-" ,,- -C""'<"";'~"~,~..-d'__~'I>""-~_"'",, 'J".'./--'.'ili~
JAMES S. YAPLE, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-7237
KAREN K. YAPLE,
Defendant
Civil Action - Law
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
DATE:
7// ~ ~L-
~~fi~,
1~&!;~"i'-';'~i;J-0;;;dJ,rJk:~k'~~U::~:~i~-<o)~-+':~:J;::: <~:; '.'-i;';::~k~...~i-";~~;~wt:ai~~!i~'-1: ';-", : "'c. b&'l:.~;,~;,;,~;:-',k,;_;,;.;,:-,---;{~i-~t0j;;i,;:i';:~i;;':;';,'\i_:'~',- ';" ';;;~-'i: ,i..;:,-j,d>:':- ":,, '''-M'','f//Y ^~b.ii>,;"~''''i'-" ',~~-~,-.w ~-
..
'''-''E'
(') 0 0
~ N "0
en ~iJ1
~m r'1
.."
-m;J2 N :88
>.,." w
==<.~: S~1Q
!;2C' -u ;C:0
~G :Jj; <~.') r)
59 - 5~n
~ "-I
~ N 1';
<,.;l -<
~S
#L.
l!!lmm III!
.. ,_..
, _~~_.. ~ ~_...,."""""dl__~"""",__,", ,_ h.-;;1.~=,",e_",".,.''''-'''' -.b "",.,-1\'1"'"","", _" ",~.__",~,~","....",_., _,o~..", ~,~~~,,_''''''''''_''''~~~~'''''~' ~~. "
... ,~~ "~- -,~
-^~ ',- """"
" ~-,"
,._ . ," ,,~, - ",,,~, ,"". h..
, "1'-'
,..':--:t""
~-.";:~f'" -,' , -
-. ~a" ,
, ~,~, I ,~. 'C~Y"T"'" ~. .~ .'"
'\: _', : - -; ,{;.;' :- -:';:_:;,,-,-;; .'^~L" ,tf'.~,. :!},i_;!,:.,-,-,j,);;S;i_.\:,;;.-,,~, ,"""_',,, "-"'~, ';;'"'j
JAMES S. YAPLE, JR.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-7237
KAREN K. YAPLE,
Defendant
Civil Action - Law
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on
December 31, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: P--- ~J-o)-----
~~~Je
N K. YAPL
^:__:,:,~-;~',;~:-;~~;:;;";~:_0' ,'--,;~;,~,1i~~;;'i;'i;_~ ';:":;'~I'"
~:~~:i:\.'~~ ;;; ....... ~.II!III ! ~ __..,.. ..
"<k"""~","_"_."""_,,,,,,_",,,,,,~,~,~,,,,.
, -,~~;;;,
, .. '''''''''''''"''''''
--" "', >"""'1-'-:{:'~" I . I.
.'it' 1~~~aw~'iiii:~i';'~~';jy;A.i'l<'iL;,j;idii~:."" IiII l
1::5
;2,ii!
,-";'_;;1,
"",' ., ", '"".,',,, '" "".' " ,,'
~.;;'; ~{;;','ki-'''~~ _':-~L'""".i"'.":_C%'>'''-';;W _ __.
i!'
:[
~i c:> C:)
r-:; "
en . -,
fTl ~~~ ;l!
-0
N -,m
~S;; ,~t7
W :56
'<L.
kC -.~~.
-0 :::C-H
~o :x '::JA
z',,'
)>8 r;;- {"..-),n
~
:z: ~
::< (,.;, -<
~[q~,',,,,,!riw-.''''''.'''''';_~,,,,~ "_',' "',","..~","_3""
II !ilI. " ">' ,YI~~~~_:",,,,,";".._2-,,-"'_"C''''''''''''_'?''~"",",,,_
,~~!ll!!!'ltilJ'!-', ,"ll'\!!-"IT~,-.,-,",~_,,-,,,;-f"~~" 'J!!,c_"",.~_-,,_,
---
~M ...,,&,,"_ ",'-'
- .,' ,..Y"""'-' "'.'" '. ,,-J, -'-- ~, "~" '>, :~ _ 3"
""C-';'1
'1,'
" _ ,-- ~" - ,;>,~~t;+ ,~;~;i':~:-';O;"':7;;;:':::~;:'I>~ .--''"' ,,",'._r""" -f;;,:':<2. "~:':;^;:t,^,:<:,:L.-': . (i-",.c,<,\S
JAMES S. YAPLE, JR.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 01-7237
KAREN K. YAPLE,
Defendant
: Civil Action - Law
: 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 I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy ofthe 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 statement herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn
falsification to authorities.
DATE: l'),~~
,
,-1--< ,~
~~t--~"
" ;";",'~\5"";~- '?',;"~,,.::o" _;>v,~:~.
'...'iiJ!'" ,"'.. ..
'","" ~. ~._~~ ._-".
- , <, .,'-" ~;"~ '
_;:;~,-':;';.-,~~'~~:L, ::,-, I ~.
~-~:,;j:;,:;,,;(.,~.. --.
;--.;..i;':ill>oi;o'j':';;'" "'---"3;;. ~~.,:;,/: '.',:i,._~ '_",
;i.ii:~~J;j:'-,V~;,i . ".__IB. ...
B
j!j(?
~~~
~ ,..,".",..=M"'_,'''.'''''<~_'''_ ,',. """""""_,,,_.,- ,,',~, '
/." ~,-"~""~."-,,
~*'O",-,;,'-'''-c~''~ ~"-
,.;/,,;';'i~J :';',;4:;;;..t/i;&;','i;<.:-, _
..
hi
I
~
~
.
\
,
i
!
!
i
i
I
I
I
1
I
,
i
~ 0 0
N "
en :::j
!ffi m t~'1 f9
-0
:t' N ---1m
c. "6
"" "" ('~ }
2"<' ~~
KC v
10 ::it:
~ r:-
-<
:z "" ~
=<! w -<
.,,~,""",.,,""--"_'M' , ""~_..vo".",,"-,,.,
"~~
.~,,'"~,.. ~~ 0,0, "~--~
, ~~
.
. ,
, - I, ' : ~ . ,,,,,' '>',' _ , __ __ " ,
~-~.;{~,h
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1() (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE September 23,2002
COUNTY Cumberland County, PA
DOCKET NUMBER No. 01-7237
PLAINTIFF'S NAME James S. Yaple, Jr.
PLAINTIFF'S SS # 206-32-0604
DEFENDANT'S NAME Karen K. Yaple
DEFENDANT'S SS# 169-40-7443
.-
~
-." ,",'
': ~ " 1."
'L /
-" ;,--"[.'__;,'1,,' '"",~';-.J-~-'M;:":'<"~~-<-"'- "~"',~"",;;,;,,,. , "~-',
c_, ',,'I
",J,., "{'iJ
..
~
JAMES S. YAPLE, JR.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-7237
KAREN K. YAPLE,
Defendant
: Civil Action - Law
: DIVORCE
NOTICE OF SERVICE OF DEFENDANT'S
FIRST SET OF INTERROGATORIES TO PLAINTIFF
TO THE PROTHONOTARY:
Please be advised that on the ninth day of July, 2002, an original and two (2) copies of the
Interrogatories of Defendant, Karen K. Yaple, were served upon counsel for Plaintiff, James S.
Yaple, Jf. :
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, P ~11
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court LD. No. 32317
Attorney for Defendant
DATED: July 9, 2002
~*; ,.~' 'J;~~>i;~-;'~i;,~"
...
>'-':';'~<";;"";,<--:i!;;;.1~~-":; f"
~_~"U=~_",
'-' ;"<;;";"'::'--l;';'''h~~'~iiiilift_il''''
,,\~~
_ ,,~'^". ~_~ ~W_",,'
J~_,~ ,~~ v"
.., b~;X";-{';-,,,;;,; ,"",,',-
_h',;,~'r_ -~ "=,-<>~"
'Ck,J;~*__;"J-v"'~ * " .~ ",'"'-"~" . . 1_
j
-
8
irk
,~.",,'
~'"~" ..~~~".",
..,'"' .---
0 <::) 0
e- N '-11
~ L. --"J
"Uih c:: ;;;21
[rfrn r- ~ _ ',--
Z~T" -om
'.'-.'
~~; :'n
Cl __,J,-,
<)6
r-:c, v s:Ji'
:~ ,-
~c) ~.;:r", ;:';:f~
;Sc) ry
;P'C- U
-I
2: i......., :1>.
--I 5::,
-< -.t -<
"0 ;,_,",~~", ,~~,"~-'.=~
, .~ ~-"~"
-."
~ . IlilliWli~tlll'l;lil~""=-'!...~_""""">,.."..,,,,,..,,,,.,,,,.,,,,,,,",,rn~~B:;~
,
JAMES S. YAPLE, JR.,
PlaintiffJpetitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
KAREN K YAPLE,
DefendantlRespondent
NO. 2001-7237 CIVIL TERM
IN DIVORCE
DR# 31994
PacseS# 903104784
ORDER OF COURT
AND NOW, this 11'- day of September, 2002, 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 RJ. Shatltl'von October 11.2002 at 9:00A.M. for a conference, at 13 N. Hanover
St., Carlisle, P A 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 Ru1e
1910.1110
(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 confurence or bring the required documents, the Court may issue a
warrant for your arrest.
BY TIIE COURT,
George E. Hoffer, President Judge
Mail copies on Petitioner
9-17-02 to: < Respondent
Diane Radcliff, Esquire
Barl>ara Sump1e-Su1livan, Esquire /1 /1 i A
-", i /""'/ III z,.,I'I71
}-l. . j ~#:'-..,...-,.- '__.
Date of Orcler: September 17, 2002 "" .11'.... 'V . .
1 R rhacWaY, Conference Officer \j
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFll:RENCE AND
REPRESENT YOU. IF YOU DO NOr HAVEA LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY A VB.
CARLISLE, PENNSYL V AL'I{lA 17013
(717) 249-3166
Cflfo
,~jr_.;:iil';~'~~jiioii,J~"';"k~J!: [&Iii; J~"JlMi&il\~;ffl-g:tfl;.liA~';'''2;,'-"id-",'',-;~i''' ""
,
;""~,",";.i!'!i'_$'i,!m,",F",,,~~~'~i;fij,i",W\ill~!'w~4h-,~,,~__I'll_1lII
Vjl\lV!\1;\SN~J]d
'11,j(l("-o, ('-I~ ~'_.n\ '....,,...';1.'lrV"\
1\__ ,I 1\,,1,.' _, ,-'-\/ !'~. -'1'.1/\1 hJ
u'l
r l ~:':i'-' j'n
~_ 1 i...\.,..;') I"U
.t"
>{-'
A)J"/,i
~LI, l",.._,,,,~y, 1'"-, _"",,,' ,'~, , ".._~_~ ""'~""_=_;!W'.!':\: 't<;"c.:_~"''''''~''''''" ,'~. ~", __'~_"'-'"'''_~'''!' ",J~J<""._"f,Lt""',%$',lf"t\,*.~~;,.- ,''''-k' ,'';'_f, ;.<-";t;,"f,c';;;::0~:-~'.,__+"'-',h ,;,' .,--,! ,
",,_,_'8"'\1>"";'--,__ " "~,.''''" ","""--,, ,r,V". '""",~"c-'_.:~"""'''',-' ,"'~~~',," . (l-', ",_~, '!""3.':-:<"4~'_'__~" 'l ~f,"',(":'1!"'_"","'_"
Emi-"""""
"",.1
( ') ~ ~ I f
~" -~'~">~, 'OIl
-.
~~
..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES S. YAPLE, JR.,
Plaintiff
NO. 01-7237 CIVIL TERM
CIVIL ACTION - LAW
v.
PACSES No.
KAREN K. YAPLE,
Defendant
IN DIVORCE
RE: PETITION FOR ALIMONY PENDENTE LITE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, this
day of August, 2002, comes the Petitioner,
JAMES S. YAPLE, JR., who files the this Petition for Alimony Pendent
Lite and respectfully represents that:
1. The Petitioner, James S. Yaple, Jr., is an adult individual
residing at 1920 Lambs Gap Road, Mechanicsburg, PA 17050.
2. The Respondent, Karen K. Yaple, is an adult individual residing at
2270 Potts Hill road, Etters, York County, PA, Mechanicsburg, PA .
3. The Petitioner and Respondent were married on May 16, 1984 at the
Peace Church in Mechanicsburg, Pennsylvania, and separated on or
about July 15, 2002.
4. The Respondent has not sufficiently provided support for the
Petitioner.
5. The petitioner is not on a financial par with the Respondent in
prosecuting and/or defending this Divorce action and is unable to
support himself in accordance with the standard of living
established during the marriage.
6. The within action was instituted by the filing of a Divorce
- 1 -
~
'-,I - - , ~- - ,,",I i- " ~ '.J
1-
, , ~"-.<
="~~:f,~
..
Complaint by the Plaintiff/Petitioner on December 31, 2001.
7. This Petition represents the Petitioner's claims for Alimony
Pendente Lite.
8. A background information sheet pertaining to these claims has or
will be filed with The Domestic Relations Office as required by
Local Rules of Court.
9. The amount asked by the Petitioner for Alimony Pendente Lite is the
maximum amount provided for under the guidelines.
WHEREFORE, Petitioner prays that the Court enter an Order:
1. Requiring the Respondent to pay the Petitioner Alimony Pendente
Lite in the maximum amount provided for by law under the state
support guidelines; and
2. Requiring the Respondent to provide medical support for the
Petitioner.
Respectfully submitted,
CLIFF,
Road
Camp Hl A 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0695
Attorney for petitioner
\
- 2 -
,--,'~ '~ ~
-
,,--,- ,-1-- 0-"
I.
~U
.-~
'. '. ~~~~",,;i;,l~b
~
VERIFICATION
I verify that the statements made in this Petition for Alimony
Pendent Lite 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.
~~E~
B /1 IOL
Date:
- 3 -
""
~'
iJ "
"oil _'_1_
"-,,,"~ -,~
'....--''"'',;,;.~~.I.i-)
CERTIFICATE OF SERVICE
AND NOW, this 9th day of August, 2002, I, Diane G. Radcliff, Esquire,
hereby certify that I have this day served a true and correct copy of
the foregoing document upon the following named person as Attorney for
Defendant, by mailing the same by first class mail, postage prepaid,
addressed as follows:
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
LIFF, ESQUIRE
'ndl Road
Camp Hill, PA 17011
Phone: (717) 73 7 - 0100
Fax: (717) 975-0697
Supreme Court ID# 32112
(
- 4 -
; - ,_', _' I
'iiL4tri~~lilll<JiiW;~!ik4.t~'~!-'-;_~,"~"~~'~~;'''JC'''-i,*''':I~:iii(J;;l;~;;~-'i.,,~ti'~~il1- ;;;ilIIJiJij~;~~n'-"""--~J'~~>
"', ;[,,,?r> , _,~H_'_U'L "'''''. ~>""'-,~"".,"_~ . ,,-n.,' ," ,"',_,'\"0T,~ ,p", . .-U
"~ ,"?:W}:'" ;:\.'l/"it""";-t,,,. "'r?~_",,,,-- ." "-".,,,U, "r "'<~~;A ""'''.'''''''_' - - " ,'>', "
0 0 (")
C j'.~) "r!
~ ? ""
~:8~! G-3 :I!
~ t1i;;~: r-
~ G:) -:jf9
'--"-l.
'.::- "'0 :::::C.J
~ J"::- c~=
L. () =~,~
:l> () -7\. )
C' - (~ en
Z .--1
=~ )>
\0 ::0
-<
c;s
M
.'" --,' ,~~, ""'1Ci""!'l''-'~'', ~,"n-'",- ""',,-,
"',,,~.'
-"'"<-,..,,,~-,=,-~"""""',
.> ;, "~,,," ,J'1:
" ~
. " '0_ ~L
. ,,,,J,,~,,,,,,"__. ~"',,"~"'~'!'~,,*,f
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
JAMES S. YAPLE JR ) Docket Number 01-7237 CIVIL
Plaintiff )
VS. ) PACSES Case Number 903104784/D31994
KAREN K. YAPLE )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this
18TH DAY OF OCTOBER, 2002
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or Gi) Other
ALIMONY PENDENTE LITE
filed on AUGUST 9, 2002
in the above captioned
matter is dismissed without prejudice due to:
THE PARTIES MARITAL AGREEMENT AND PLAINTIFF WITHDRAWING HIS REQUEST FOR
ALIMONY PENDENTE LITE.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shaddi:;y
xc: plaintiff
defendant
Diane Radcliff, Esquire
Barbara Sumple-Sulli van, Esquire
BY THE COURT:
7'
~~
Kevin A. Hess
JUDGE
Ik7 r:' t''7' ~'>JD
wr;"tt.t'-~""""1-" ,L,-.~;.' , '
I .,. If.'.< 1"r..1.>-~' ,,'(I;
IO.~/'Oj... .
Service Type M
Form OE-506
Worker ID 21005
oe(&
";';
, T"h';';','
"'"'~ii;"j;:i:h,'"wlli'~ili1~"''''''",b;;m.",-"",;":"A"-,,,,,;,,,,~..JI-I!~---'''....\ifu<lU'~,_'"""""""':..."""__'''''~''''''''"''''''_~.~__'________
(') 0 0
C N -";""J
:?; c::> -----:'1
-ot.-C C"') -'.~
~g:! ..... , ;';;~
N ,,-;{Tt
ZC <J9
~.;~ w ~}~
~e ..."
:D',-. :.x (":::::-1 :-.0
2:~~ ::;rC>
>'''' r;.? om
'C -J
~ N 35
-<
~41
t''',,,,-,,~,, ,,_~~..~,. .'~ '"<<~,"" _ ^ _ _',,~""'=__,",,? ","c_"". , "' ""~_,,.,. ~<-",',,'o ""^', _~. 7.~ _"< ,.,,~ ",,'c d:"" "~. ,,' .~A, ,~, ,,_.
"~ ,C '~""..,,_", \',,~_,_~ '. ,",,"'" ,
.", "" " ."'~" .~"",,~,~,,_ .~"'~~.. '"""<'~'."..""=",,F"=~'= ,'"" r;"_~,, .
.."~""",'.