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HomeMy WebLinkAbout99-00020 , " " I / '" * THOMAS M. KUHN, II No,,, H ~ Plaintiff jj M II " VI'I'SIlS ,:i ,', il e MARIALYCE M. KUHN, II ~ II Defendant II ~ " , ~-~~~-~-~--~~-_.~~--~~~~~_.._-~~~ 8 r . . . - ~'--. v. . ,,_.- , . .." . - v. ~ . . . " . .'. . , . . . ". , . , - , .. '.' .". . , ~. , "--~ .,~,' ~ll : IN THE COURT OF COMMON PLEAS ! ~ OF CUMBERLAND COUNTY . 8 ~ 8 ~ ~ 8 STATE OF I...(~ ,,~,. ~ PENNA, ~ 8 . ;', "',' .. . . ~ , . 99 - 20 """'''''" ""","",,"" ~1cl ;'~ ~ 8 . ~ ~ " ... ~ ~ (- 8 n ~ decreed that, " , , , , , , , " , "THOMAS, M", ,KUHN., , , , , , , , , , , " "'" plaintiff, : ~ and, , , " , , , , , , , , , , , , , , , -MARIALYCE, ,M., KUHN, , , , , , , , , , , , , , '" defendant, ~ ~ me divorced from the bonds of matrlmonY'Further, the Matrimonial ~ IilSettlement Agreement executed by the parties on January 10, 2001 (cont' ~ ~ The court retains jurisdiction of the following claims which have ~ 8 been raised of record in this action for which a final order has not yet ~ ~ been entered; None. ~ ~ (cont'd) is incorporated herein as if fully set forth, for the purposes ~ ~ of enforcemerlt' 'but, otherwise' 'shall' 'not' merge' 'into 'said 'Decree ~' The ',' ~ Pharti,~s, ~~,e, he;debiYti' ~rdelr,edl' tio, ,c;<:>mpl~ with th~ ,~~,r,ll)s, !"7,~",i,d ,11<;Jr,e~f!1ent. ~ ~ T ere are no au ona cams. ' x/ -' ,/ : : ", T 6:,'14{w.J ' . Alt.." /'J ~ /P~ . ~:' ..:~," e 1- DECREE IN DIVORCE AND NOW, ' "W.).Jw04 ' , &,'1, , ' " , ",;~Jt',I, , it is ordered and 8 . S . . ---" -~ . -, , . . '.~:. .:+:. .~:. .:.:. .:.:. .:+:. .~.~. .:.:. -:+:. .:+;. .:.~, .:+:. *. ',' I~ .1. (':' I;.; i':' .1:: ... ;*. ':.;. <.;. .~.;. .:.:. <.:- .:+:- .:.=, <.~. .:+:. .:.:.' f)rol hOl1olnry , , alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or ftgainst their respective estate; and WIIEREAS, the parties hereto, Wife being reprtJsented by Barbara Sumple- Sullivan, Esquire, and Husband being represented by Gary L. Rothschild, Esquire, have each exchanged litllsnd complete Information as to the property, assets, and liabilities owned by each and have disclosed to each other and to their attomey(s) fullinfonnatlon as to the financial status of both parties hereto. NOW THEREFORE,the parties hereto, in consideration of the above recitals, premises and mutual promises, covenants and undertakings hereinafter !let forth and for other good and valuable consideration, receipt of which Is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: I. INCORPORATION OF PREAMBj,E The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereofa.~ if fully set forth in the body of the Agreement. 2, 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 legal 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 snd 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 2 , hlll'llof, The parties acknowledge that their malTlage Is irretrievahlY broken and that they shall secure a mutual consent no-fault divorce pursuant to the tenns of Section 3301 (c) of'the Divorce Code. Each party shall execute an "Affidavit of Consent" and "Waiver of' Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of' the mandatory ninety (90) day waiting period. 3, EFFECT OEm.VORCE I;>ECREE The parties agree that 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, 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DE~REE The parties agree that the tenns of t~is Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree, 5. NON-MERGER It Is the parties' Intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well us court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall Include, but not be limited to, damages, resulting from breach of this Agreement, specific entorcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. 3 , 6, DATE OF EXECUTION The "date of execution" or "execution date" of thl~ Agreemcnt shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRlBjJTION DATE The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreementlmless othelWise specified herein. 8. FINANCIAL DISCLOSURE The parties confinn that each hIlS relied on the accuracy of the financial disclosure of the other, as an inducement to the execution of this Agrcement. 2. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husbwld or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF: BANK ACCOUNTS The parties hereto mutually agree that they have divided all bank accounts and other financial accounts between them in a manner agreeable to both parties. The parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of the bank or other financial accounts in his or her possession. 4 agreement to the vehicle Is unavailable due to flnancing arrangements or otherwise, C. llJ.\!m:nnlflcatiofl. In the event any vehicle Is subject to allen, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall (i) take It subject to said lien, encumbrance, lease or other indebtedness; (II) shall be solely responsible therefore and (Hi) agrees to indemnify, protect and save the other party hannless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the tenns of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 12. PbRSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household fumishings, appliances and other household personal property between them in a manner agreeable to both parties. The parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her posses~ion. 13, RETlREMpNT BENEFITS, ASSETS AND PLANS The parties acknowledge that, as a result of their separate employment during the marriage, Husband is entitled to certain retirement benefits from AMP Incorporated (with 6 . an estimated mnrllal vatue of $13,200.00) and certain t,x-deferred benel1ts currently held In Husband's Vanguard Individual Retlreme1lt Account [with an estimated vlllue of $70,600.00 as of December 31, 1998 (the approximate date of separation)] and that Wife is entitled to certain retirement benel1ts (with a paid in contribution of $1,600.00) from her employment as a teacher. Additionally, the parties acknOWledge that, as a result of their current or prior employment they have no other retirement or tax-deferred benefits. Husband asserts that the value of the Vanguard Individual Retirement Account has increased to $ 83,751, as of December 4,2000. The parties acknowledge that they have exchanged fullinfonnation about the above-referenced benefits, had them exwnined WId valued by experts, or elected to voluntarily waive such valuation, and have reached agreement upon the distribution of those assets in the future. With regard to &uch benefits, accounts and assets, the parties agree that Wife shall receive one-half (50%) of Husband's retirement benefits from AMP Incorporated (value of one-half (50%) of benefit is approximately $6,600.00) through a one-time payment in the amount 01'$ 6,600.00 from Husband's Vanguard Individual Retirement Account, through a tax-free transfer to Wife's Individual Retirement Account. Wife shall also receive one-half(50%) of Husband's Vanguard IRA, as of December 31, 1998, in the amount of $ 35,300.00, through a tax-free transfer to Wife's Individual Retirement Account. This transfer is intended to be to a qualified plan so lIS not to generate tax liability for either party. However, as said transfer is within Wife's (1ontrol, any taxes associated with said transfers 01' payments shall be the sole 7 responsibility of Wile and Wife hereby agrees to Indemnify Husband for any tax, penalty and/or interest resulting from said transfer. Husband shall receive and be entitled to all remaining and other retirement benefits, 401(k) accounts, individual retirement accounts, or other retirement accounts in his name or eamed by him through his employment and Wife shall receive and be entitled to all retirement benefits, Keogh, 401 (k) accounts, Individual retirement accounts or other retirement assets in her name or earned by her through her employment. Except as may otherwise be provided herein, each of the parties does specifica\1y waive, release, renounce and forever abandon a\1 of his or her right, title, interest or claim, whatever It may be in the retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan (collectively referred to as "Employee Benefit Plans") and hereafter said Employee Benetit Plans shall become the sole and separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. .14. REAL PROPERTY. The parties hereto jointly owned real estate, as tenants by the entireties, being known and numbered as 312 Sample Bridge Road, Mechanlesburg, Pennsylvania, (hereinal\er referred to as the "Marital Residence"). Said marital residence was acquired during the marriage. The parties mutually agreed and did sell the marital residence on May 25, 2000. The proc(1eds from the sale of the marital residence, after payment to R Husband 01'$ 5,974.00 for work previously performed on the marital residence, were $ 54,819.87 and said amount was divided In half, and deposited into two equal escrow accounts with Commerce Bank of Harrisburg. The parties hereto agree to divide said proceeds as follows; $ 38,373.91 to Wife and $ 16,445.9610 Husband (i.e. 70% to Wife and 30% to Husband). Any interest (lamed on the proceeds shall be divided equally by the parties and reported as such by both parties. To effectuate said payment Wife shall retain her entire interest in her escrow account and Husband shall authorize the payment 01'$ 10,963.98 from his escrow account. The remaining balance in Husband's escrow account in the amount of $ 16,445.96 ($ 27,409.94 - $ 10,963.98 = $ 16,445.96) plus interest shall be the sole property of Husband. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to. Gain on the sale of the marital residence shall be apportioned and reported to al.1 applicable taxing authorities, in the same percentages as proceeds were received, namely 70 % to Wife and 30% to Husband. Interest received by the parties shall be reported for tax purposes by each party in the amount received. Each party hereby indemnifies the other party for any taxes, interest and or penalties associated with the other party's share of interest income or gain on the sale of the marital residence. 15. HUSBAND'S BUSINESS Husband has previously WId continues to operate an unincorporated business under his lIIune and the name Whitetail Home Improvements (hereinafter referred to as the "Business") currently located at 122 Creekside Drive, Enola, Cumberland County, Pennsylvania. Wife hereby does specifically waive, release, renounce and forever 9 . lIbl\lldOI1 whatever right, title and interest she may have in the aforementioned business and the business shall become the sole and separate property of Husband. Husband, agrees (i) to be solely responsible for any and all past, present and future debts, expenses and liabilities of the Business and (Ii) agrees to indemnify, protect and save Wife hsrmless from any and all past, present and future debts, expenses and liabilities of the Business. ~. INSURANCE POLICIES The parties acknowledge that, Husband is the owner of one or more life insurance policies (with an estimated cash surreuder value of zero) and that Wite is the owner of one or more life insurance policies (with an estimated cash surrender value of zero). With regard to such insurance policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies and Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each:>f the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 17. CUSTODY AND FINANCIAL ARRANOEMENTS CONCERNING CHILDREN A. CUSTODY: The parties hereto mutually agree that they shall have shared legal custody of their minor children and Wife shall have. 10 - primary physical custody of the minor children. Husband shall have reasonable physical Custody of the minor children as agreed by the parties, but not less than one week day evening each week for 2- 3 hours and eVery other weekend from Friday evening untl/ Sunday evening, with the exact times to be Worked out by the Parties. Husband agrees to provide a safe, clean and private area for the Parties' daughter, Kara Kuhn, during Husband's periods of Physical custody at Husband's residence. Husband shall attempt to obtain a larger residence, to further accommodate his daughter, within a reasonable llJJJount oft/me. Both Parties agree to keep each other informed if they are to be away from t/lCir residence for more than 24 hours and provide a telephone number or other method of COntacting the party. lJ, CHILD SUPPORJ'~ The Parties have recenlly revised Husband's child sUpport obligation through an action docketed at number 433 S /999, PACSES Case number 307/01/26. Wife has withdrawn her sUPPOrt appeal and the parties have entered a stipulated sUPPOrt amOUnt of $632.00 pel' mOnt/I, effective JUlie 2, 2000 with the Domestic Relations Sect/on of the Court of Common Pleas. The Parties stipulation further indicates that any credit OWed to Husband for overpayments of child sUPPOrt shall reduce Husband's obligation by $32.00 per mOnth until the credit is reduced to zero and that all unreimbursed medical expenses s/Iall be shared equally by the Parties. Thus, wife shall not be required to pay the first $ 250.00 of 1/ unrelmbursed medical expenses per child per year. The parties further agree and mutually covenant that the provisions concerning child support shall be modifiable by either party upon any change in circumstance. C. CAR iNSURANCE: The parties mutually agree to assist each of their children in obtaining automobile insurance upon the child receiving his or her driver's license. Husband and Wife shall each contribute one-third of the annual cost of the automobile insunmce; provided, however, that each party's obligation shall not exceed $ 300.00 per child pel' calendar year and said obligation shall cease for each child upon the child attaining the age of 21 years. Additionally, Wife agrees to provide Husband with copies of automobile policies in effect and with documentation of Wife's payment, in accordance with this sub- paragraph, prior to Husband making his obligated payments. D. LIFE INSURANCE: Husband agrees to maintain life insurance, with a death payment of not less than $100,000.00, until the pw1ies' youngest child attains the age of 23 years. The beneficiaries of said policy or policies shall be the parties' surviving children, In Trust.The proceeds from the insurance policy (ies) and income therefrom shall be available for the needs of the children including, support, housing, food, medical care WId education. The accumulated principal and interest, if any, shall be distributed to the parties' surviving children, in equal shares, upon the date that the youngest surviving child attains the 12 B. Wife's Individual Debts: (i) Discover Credit Card, account 6011 0022 1059 1376, with an approximate outstanding balance of $2,900.00. (II) Partners VISA Credit Card, account 4326 8912 0044 7689, with an approximate outstanding balarce of$3,500.00. (Hi) Lowes Credit Card. account 822 2039901209 3, with an approximntc outstanding balance of $700.00. (Iv) Sears Credit Card, account 03 63586 86961 4, with an approximate outstanding balance of $2,500.00. C. Husband's Individual Debts: (I) Fleet Master Card, account number 5481 200 I 0179 5865, with all approximate outstanding balance of $3,600.00. Wife hereby agrees that she shall assume fhllliability for the above-referenced debts, set forth in paragraph 19 B.(i) through (iv), and she agrees to pay them as they become due, and to Indemnify and hold Husband and his property harmless for any and all such debts, obligations and liabilities. Husband hereby agrees that he shall assume full liability for the above-referenced debt, set forth in paragraphs 19 C.(i) and he agrees to pay the debt as it becomes due, and to indemnify and hold Wife and her property harmless for MY and all such debt, obligation and liability. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the sllllle become(s) due, and to indemnify and hold the other party and his or her property 14 4. '70 'r.. 0.: l",.o: -- o+: o~. '"t> 'q l' 0. <f,i>~ W~~I(, q~1... "'00 I?, Vo 1;>"6 'Cl;y '-V ~ i\e or ,. /.. ~ .h tX. ~1. . 0", &'q,,' ~ 0" Oq~J> ., " <:,6> I;>" 'J'67'QQ ./. '" "" .", t1;, "h.. ... Y" ~ 't! 0 01< X. ':'J- . ,.; ''10 .~ ... ... ... .. - '<"e- r,; · · . ", ~ '~, '" .. -3, ~ - ".. "", '" '. ..,.. '% ... "'.. "" <\. '" ~ ... '" .. '" ' '. 'lI .. A 4. '" " " 0, .. ".. .. · .. "'" '" ... ~ .. % '" '. .. .. . ~ ".. 0.. ., '" ,. <- ., '" Or "" .", "n "n ~ 4., .. " .~ T~ . _ ,-.. "~,, .... ", · R "'. '" " '" ", 1, 4. ^ ."" 'T.. ~ 0 " _, . ' '" ., · 0 0 · 0 .. ~ . .. '" 0 .. · ~ .. -'" '" " ~ ~ It<" '0 " " ;e,. ... ... ........'" ~. " '" O~ .. <v. % '" .. ... " ~. ~ '~ " .. ~ ~ -' ,,~. :o~ 'nq~ o&, t9.., ~,'" ... '-t "", ". " '% ... Or~ ~, .... ~ ... ... or '" 'l' ... '" "" '" O~ '" ' '" ., '. ... "" ". '" % " 'J- % '. ,. ~ .. % .. ~ '" · , ", ... . Or '" ... .0'" 1e, ". 1h, ... " ", "-6< ... ~'" ~.... '. 0.. "00. '" rn ' /. '" · .. '" q 'b ... .. ".... ~. '" '" /. "'- ... ~ , .... "'. ... .. .. 9.. '" .... "".,.... < · '" ~ ' .. h "" .. ..," '." oA '" '" ~ "" ~ '0 . ' ... ~..". ,..' 0 .. ' ' .. ~,.,.,~' .....'4..0" '. 1>- .. '.. % " '~ ... "" ~ '" ... "o, '" ",,'" ..." "" ... ~ ,'" "" ..." ~. ~ '" ,>, ,." "".".,., . % ~. '. '4, .,. 'L '.. . ~ ,,"'...' "" o~ "'/. 0", .., "" "0 ~~ ,. 0, Y, " ~ .'~ 0 .. ~ .. ~ .. ~ ~ .. ., ... ~ ,,"...., '" ' Yo "'c> ~<?h "'0. 6 ~. ~ ~ ~ . ~. ~ o '/ '"t> &'" '0. ..- ~ c % c ,(> ~... ~_ o~'.?, :;<'J~o o. ~o % ~o ~ harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to not use uny credit card or other debt instrument for whkh the parties have Joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for Joint liability. TIle parties acknowledge that they have no Joint debts nor any individual debts except for those debts specifically identified previously in this agreement. ~MISCELLANEOUSPROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. ll~ LEGAL FEES. COSTS AND EXPENSES Wife acknowledges that she has been represented by Barbara Sumple-Sullivan, Esquire and Husband acknowledges that he has been represented by Gary L. Rothschild, Esquire. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up allY rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and aU costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up allY rights which they may have against the other for payment of costs and expenses. 22. OTHER WRITINGS 15 Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. n. DISCLOSURllANlliVAIVER OF PROCEDURAL RIQlII'S Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a 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. Both parties hereby waive the following pl'OceduflIl rights: A. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. D. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. 16 E. The right to have the court determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a pllrty that property which the court determines to be that. parties' non-marital property. F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. ~ FURTHER DEBT Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 25. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wile or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 26. MUTUAL RELEASI; 17 Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live In the marital home, right t'l act as executor or administrator of the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right In the distributive share or intestate share of the other parties' estate. Additionally, Husband and Wife mutually waive any and 1111 rights, claims and demands for the following items: A. Husband's claim for reimbursement 01'$ 850.00 for mortgage payment he advanced for Wife; B. Wife's claim for $ 200.00 for withdrawal of her support appeal; C. Wife's claim to a portion ofan insurance check totaling approximately $ 1.450.00; D. Wife's claim 10 proceeds from the sale of the parties' boat and utility trailer; E. Any other claims. 27. TA-X ON PROPERTY D1VIS10ij, The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within thc scope and applicability of the Deficit reduction Act of 1984 or other similar tax acts (hereinaller the "Act"), specifically, the 18 provisions ()fthe said Act pertninlng to transfers of property between spouses or former spouses. The parties allree to sign snd cllused to be filed any elections or other documents required by the Internal Revenue Service 10 render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the clllTy-over basis provision of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any IInd all tuxes that may be a.qsessed or become due from Wife as a result of or arising from this Agreement. As to transfers for which the parties arc or may be jointly liable, other than the sale of the marital residence, the parties hereto agree to contribute equally to such taxes, penalties and/or interest. Notwithstanding anything to the contrary, Wife agrees to be responsible for reporting 70 % of the gross proceeds and 70 % of the basis attributable to the sale of the marital residence on her Federal, State or other necessary tax retums. Husband agrees to be responsible for reporting 30 % of the gross proc~eds and 30 % of the ba.qis attributable to the sale of the marital residence on his Federal, State or other necessary tax returns. Further, the parties agree to pay all taxes due for their reported sale and hereby indemnify the other party for said taxes, interest and penalties. The parties agree to allocate any expenses attributable to the marital residence, in the reporting of the sale, utilizing this same, 70 % to Wife and 30 % to Husband, allocation. 28. TAx.RJ;:TURNS The parties have heretofore filed joint tax returns, including federal, state and local returns. Both parties agree that in the event any deficiency in federal, stale or local 19 Income tax is proposed to any jointly tiled return, or any assessment of any suohtax Is made against either party, each agrees to indemnifY and hold harmless the other from and against any loss or liability lor auy such tux deficiency 01' assessment therewith and the parties hereto agree to contribute equally to such taxes, pcnalties and/or interest. ~ FINAL EQUITA!JLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable propcrty division. 30. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, alld there are no covenants, conditions, representations or agreements, oral or written, of MY nature whatsoever, other than those contained herein. 31. LfillALL Y BINQJNG It is the Intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. & FULL DISCLOSURE Each party asserts that she or he has made a full and complr-te disclosure of all the real, personal and all other property 01' assets of whatsoever nature and wheresoever located bclonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each ofthcl11, of all sources and amounts of income received 20 E. Wife and Husband cnter into this Agreement voluntarily after receiving the advicc of independent counsel; and F. Fully and completcly understands each provision of this Agreement, both as to thc subject matter and legal effect. ll..- AMENDMENT....QR MODIFICATION This Agrcement may only be amended or modificd by a writtcn instrument signed by both parties. ~6. SEVE~BILlTY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or othcrwise, then only that term, condition, clause or provision shall be stlicken from this Agreement and in all other respects this Ag.reement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedcnt, shall in no way void or alter the. remaining ubligations or dutics of the parties. 37. LAW APPLICABLE This Agreement shall be governcd, construed and enforced under thc statutcs and case Jaw of the Commonwealth of PermsylvMia. 38. HEADINGS NOT PART OF AGREEMENT Any hcadings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of referencc and shall not constitutc a part of this Agreemcnt nor shall they affect its meaning, construction or effect. 22 . 1>- I" ::... i:r; c:: b r.;~) .. ~-,)..-( ~U,!. DJ (.!t_J I" ,,: ( ) ~-;.~ (I, J. _, t.i.e J__' ( " ''j C)}: (\;); \ n /:j I " '" , [J: L I t.1:1 J" J It L_I 1 U u.. 4...:.. :" 'to t'-'" .) () I.:) 0 I , 5. The PlalntilThas been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior IIctlons of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services oftht United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiffavers that there are three children of the parties, Greg Kuhn, born April 30, 1983, Janelle Kuhn, born February 5, 1986, and Kal'a Kuhn, born October 20, 1989. WHEREFORE, the Plaintiff prays your Honorablc Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II II. Paragraphs one ( I ) through ten (10) are incorporated herein by reference as if fully set forth. 12. Plaintiff slates that the Plaintiff and Defendant possess various items of both real and personal marital property which arc subject to equitable distribution by the court. . WHEREFORE, Plaintiff respectfully request.] that this Court: (a) Equitably distribute 1.111 real and personal property owned by the parties; 1I1 , ,- , , f .. .. '~ (''1 ..;'/' , ~ :,~ , ,f- I ;-:,,1 ".1 fi.\ , ;- 'I ..... .~ ".--- I U . i.! 1'- , , .1 , , l-,~ .I U Cl /) Eil ~ 9 ~ a~<n ;:::o~ , .-! 1'<"\ ~L.o 1.0 g: ~t....~I""t--' IE 0 2 f': 0.. "1:8 15 IJ.< ~- lI"! .J '" D N '" ~"..L,fj5S.P;r-~~ _1-1 ~<J) ~S;:j ~~Z ~c.;::; 1-0 ~ ~ " ,. "'l;N :C .:; <.:) '0 ( .. ... ~ " '~i : IN THe COlJRl' 0[.' COMMON Pl PAS i C/)"BRRLANIJ L'lJliNTY, PI!NNS;',:v AN" : No, 99'20 .: CIVlL, ACl'lON _ 'A W : IN lJlVORCE '/'HOMAS M,I(U/1N, Phl/llorr V. MARlAr, YCEi M. KUHN, Defendant I. 2. 3. 1 "ri fy "", '" '..,.....,. In'" In /hi, '"'d " I aVI arc true and Correct. I understand that false statement_ h . " erem are made Subject to the {JCnalties of 18 Pac S 1!. 4904 I ' . . . If reatmg to unsworn falsification to authorities. Date:j_ 10..u/ ~---- B.11l c>1 /J y:~~~~ Thomas M, KUhn, Plailltirr-----.._ . "" ,... v> (:: rr. c r.; .2'. .. ~..:> rr:; ('<) ~ i.J11 ;"., 0 ;::~ ~)? \ ';C~ C:l Il.',', (low .~)'rJ~ ". .', {~5;:. i: , \f.') .cU) I,.' I ,,;,!~ i , [" i ,lfo ., ~{~ u.. u.. q. ::j (} (.::'1 (.) ~ t; o ~ a j !< Ef,1~ CIl g 0 "'~ .li:rf: ~'?~ ;.. . - , ex: ,~ ~ ;!~O? . ~ 0 ::> - a:d::'N ..J~z: ",_N ;.. r-- i! t:, ~ ~<1'l '" - " "., :il r:: . . ..