Loading...
HomeMy WebLinkAbout03-2888Paul I. Zeigler, Esquire Supreme Court # 09603 300 Bridge Street, 2nd Floor P.O. Box B New Cumberland, Pennsylvania 17070 (717) 920-8420 Attorney For Plaintiff JACK S. COVERT, Plaintiff V. ELISA L. COVERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4~..~ - ~'~:~'~'~ CIVIL 2003 CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 32 S. Bedford Street Carlisle, PA 17013 (717) 240-6200 Paul I. Zeigler, Esquire Supreme Court # 09603 300 Bridge Street, 2nd Floor P.O. Box B New Cumberland, Pennsylvania 17070 (717) 920-8420 Attorney For Plaintiff JACK S. COVERT, Plaintiff V. ELISA L. COVERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CoS- ~27~ CIVIL 2003 CIVIL ACTION - DIVORCE COMPLAINT DIVORCE Plaintiff is Jack S. Covert, who currently resides at 511 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Elisa L. Covert, who currently resides at 511 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Parties were married on October 1, 1988, in Camp Hill, Cumberland County, Pennsylvania. 6. or its Allies. 7. There have been no prior actions for divorce or annulment between the parties. Defendant is not a member of the Armed Forces of the United States of America The marriage is irretrievably broken. 2 8. Plaintiff has been advised that counseling is available and that he may have the right to request the Court require the parties to participate in counseling. 9. The parties have reached a written marital settlement agreement which has been executed on May 1, 2003, and which addresses all issues between the parties pertaining to support, property distribution, child custody, and support. WHEREFORE, Plaintiff requests the Court to'~ Paul L. Zeig Esquire Supreme Court # 09603 300 Bridge Street, 2® Floor P.O. Box B New Cumberland, Pennsylvania 17070 (717) 920-8420 Date: VERIFICATION I, Jack S. Covert, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. § 4904, relating to unsworn falsification to authorities. Paul L. Zeigler Supreme Cour[ # 09603 300 Bridge Street - Secon¢ Post Office Box B New Cumberland, PA 1707, (717) 920-9420 Counsel for Plaintiff COURT OF Floor COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK S. COVERT Plaintiff ELISA L. COVERT Defendant NO. 03-2888 Civil Term CIVIL ACTION - DIVORCE PROOF OF SERVICE Pursuant to Pa. R.C. matters, I served DefE Documents: Date of Service: Place of Service: Manner of Service: 1930.4 governing service of original process in domestic relations ndant in the above-referenced custody action as follows: Complaint in Divorce June 21,2003 Elisa L. Covert 511 Geary Avenue, New Cumberland, PA 17070 Certified mail. See att~ ~it~ 1. P~ul L.Z, ler, Esquire Dated: October '3 e° ,2003 511 EXHIBIT I Paul g Zeigler, Esquire Supreme Court # 09603 300 Bridge Street, Second P.O. Box B (717) 920-8420 Counsel for Plaintiff COURT OF ;OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK S. COVERT Plaintiff ELISA L. COVERT Defendant NO. 03~888 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A corn 19, 2003. 2. The ma have elapsed from the 3. I conse intention to request er I verify that th( that false statement., relating to unsworn fa aint in divome under § 3301(c) of the Divorce Code was filed on June 'riage of plaintiff and defendant is irretrievably broken and ninety days date of filing and service of the Complaint. )t to the entry of a final decree of divorce after service of notice of try of the decree. statements made in this affidavit are true and correct. I understand herein are made subject to the penalties of 15 Pa. C.S. § 4904, sification to authorities. Date: October 24, 20 :)3 Paul g Zeigler, Esquire Supreme Court # 09603 300 Bridge Street, Second P.O. Box B (717) 920-8420 Counsel for Plaintiff COURT OF" JACK S, COVERT Plaintiff V. ELISA L. COVERT Defendant WAIVER A DIVORCl 1. I consel 2. I under lawyer's fees or expen 3. I under Court and that a cop'. prothonotary. I verify that th, that false statement., relating to unsworn fa Date: October 24, 2( oor ;OMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA NO. 03-2888 CIVIL ACTION - DIVORCE OF NOTICE OF INTENTION TO REQUEST ENTRY OF "DECREE UNDER § 3301(C) OF THE DIVORCE CODE to the entry of a final decree of divorce without notice. :and that I may lose rights concerning alimony, division of property, ses if I do not claim them before a divorce is granted. ~tand that I will not be divorced until a divorce decree is entered by the of the decree will be sent to me imrnediately after it is filed with the statements made in this affidavit are true and correct. I understand herein are made subject to the penalties of 15 Pa. C.S, § 4904, sification to authorities, O3 Paul L. Zeigler, Esquire Supreme Court # 09603 300 Bridge Street, Second I P.O. Box B (717) 920-8420 Counsel for Plaintiff COURT OF Ioor 3OMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA JACK S. COVERT Plaintiff ELISA L. COVERT Defendant NO. 03-2888 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A coml 19, 2003. 2. The m; have elapsed from th 3. I cons6 intention to request e~ I verify that th, that false statement~ relating to unsworn fa laint in divorce under § 3301(c) of the Divorce Code was filed on June rriage of plaintiff and defendant is irretrievably broken and ninety days date of filing and service of the Complaint. nt to the entry of a final decree of divorce after service of notice of ~try of the decree. statements made in this affidavit are true and correct. I understand herein are made subject to the penalties of 18 Pa. C.S. § 4904, sification to authorities. E~ C~c~e/~ Date: October 24, 2(: 03 Paul L. Zeigler, Esquire Supreme Court # 09603 300 Bridl[e Street, Second P.O. Box B (717) 9208420 Counsel for Plaintiff COURT OF )or :OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK $. COVERT Plaintiff ELISA L. COVERT Defendant NO. 03-2888 CIVIL ACTION - DIVORCE WAIVEI; A DIVORCI ~.. I consel 2. I under lawyer's fees or expen 3. I under Court and that a cop prothonotary. I verify that th that false statement relating to unsworn f~ OF NOTICE OF INTENTION TO RE(~UEST ENTRY OF DECREE UNDER § 3301(c) OF THE DIVORCE CODE t to the entry of a final decree of divorce without notice. stand that I may lose rights concerning alimony, division of property, ses if I do not claim them before a divorce is granted. ~tand that I will not be divomed until a divorce decree is entered by the of the decree will be sent to me immediately after it is filed with the statements made in this affidavit are true and correct. I understand herein are made subject to the penalties of 18 Pa. C.S. § 4904, Isification to authorities. Elisa L. Covert Date: October 24, 2~ )03 Paul L. Zeigler, Esquire Supreme Cour[ # 09603 300 Bridge Street, Second Floor P.O. Box B (717) 920-8420 Counsel for Plaintiff COURT OF ~COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK S. COVERT Plaintiff ELISA L. COVERT Defendant : NO. 03-2888 : : : CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the re, cord, together with the following information, to the court for entry of a divorce decree: 1. Ground ~for divorce: irretrievable breakdown under § (3301(c) (3301(d)(1) of the Divorce Code. (Strike ~o~ut inapplicable section). 2. Date arid manner of service of the complaint: .June 21, 2003 by Certified Mail per the affidavit of service filed of record. 3. (Compl, (a) Date of ex. Code: by plaintiff: Oct( N/A. ,te either paragraph (a) or (b).) ;cution of the affidavit of consent required by § 3301(c) of the Divorce ,ber 24, 2003; by defendant: October 2.0,, 2003. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filin~ and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related !claims pending: No economic claims were raised, Paul L. Zeigler, Esquire Supreme Court # 09603 300 Bridge Street, Second Floor P.O. Box B (717) 920-8420 Counsel for Plaintiff COURT OF JACK S. COVERT Plaintiff V. ELISA L. COVERT Defendant COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 092888 CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the rOcord, together with the following information, to the court for entry of a divorce decree: 1. Ground ~for divorce: irretrievable breakdown under § (3301(c) (3301(d)(1) of the Divorce Code. (Strike dut inapplicable section). 2. Date ar per the affidavit of set 3. (Compl( (a) Date of ex Code: by plaintiff: Oct( d manner of service of the complaint: .June 21, 2003 by Certified Mail ~ice filed of record. ~te either paragraph (a) or (b).) ;cution of the affidavit of consent required by § 3301(c) of the Divorce ,ber 24, 2003; by defendant: October 24, 2003. N/A. (b)(1) Date oflexecution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filin~ and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related ~claims pending: No economic claims were raised. (a) record: N/A. (Complete either (a) or (b).) Date and manner of service of the notice of intention to file praecipe to transmit (b) Date p' Prothonotary: Concurr~ Date defendan Concurrent with this P aintifCs Waiver of Notice in § 3301 (c) Divome was filed with the ~nt with this Praecipe. ;'s Waiver of Notice in § 3301 (c) Divome was filed with the Prothonotary: aecipe. Dated: October ~ ~ ,2003 IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF JACK S, COVERT Plaintiff ELISA L. COVERT Defendant NO. iF~EN NA. 03~2888 DECREE IN DIVORCE AND NOWi ~L~~~ JACK S. C0VERT DECREED THAT 2003 , IT IS ORDERED AND , PLAINTIFF, AN D ELISA L. COVERT ARE DIVORCED FROM THE BONDS OF MATRIMONY, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WhiCh HAVE BEEN RAISED OFiRECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTER~ED; NONE PROTHONOTARY Jack S. Covert Plaintiff VS. Elisa L. Covert Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03-2888 QUALIFIED DOiVIESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between the Participant and the Alternate Payee entered into on May 1, 2003. (Exhibit A, see page 10, paragraph D) 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Morefield Communications Retirement Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Jack S. Covert ("Participant") is a participant in the Plan. Elisa L. Covert ("Alternate yee ), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Jack S. Covert 511 Geary Avenue New Cumberland, PA 170~D Social Security #: 196-52-2023 Date of Birth: January 20, 1960 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: QDRO P. age 2 Elisa L. Covert 511 Geary Avenue New Cumberland, PA 17011 Social Security #: 207-44-7220 Date of Birth: June 2, 1966 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is 50% of the Participant's total account balance accumulated under the Plan as of May 1, 2003. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income or losses attributable thereto from May 1, 2003, until the date of total distribution to the Alternate Payee. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account for her benefit. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. QDRO P. age 3 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Paye,e of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan s procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the ]Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. QDRO l~age 4 22. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. CONSENT TO ORDER: PLAINTIFF/PARTICIPANT Sign/~e Date DEFENDANT/ALTERNATE PAYEE Signature Date ATTORNEY FOR PLAINTIFF/ ATTORNEY FOR DEFENDANT/ ALTERNATE PAYEE Signature Date Date Accepted and ordered this '~) ~.. day of ~ ~ t/ U ~.~ ~ BY THE COURT MARITAL SETTLEMENT AGREEMENT This Agreement is entered into this ~ day of 2003, by Jack S. Covert (hereinafter "Husband") and Eiisa L. Covert (here halter "Wife"). Husband D/O/B: January 20, 1960 SSN: 196-52-2023 Date of Marriage: .Place of Marriage: RECITALS Wife D/O/B: June 2, 1966 SSN: 207-44-7220 October 1, 1988 Camp Hill, Pennsylvania Current Marital Residence: 511 Geary Avenue, New Cumberland, Pennsylvania Children: Shannon Marie Covert- 13 years old Zachary David Cover- 5 years old Wife is not pregnant. Pending Court Actions: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; child custody and child support; and any Page I of 16 and all claims which either party has, or may have, against the other or the other's estate. In consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby carry out and agree to the terms set forth in this Agreement. 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other's interference, authority and control. Neither party shall harass nor attempt to harass the other nor compel, impede, prevent, or prohibit the parties' cohabitation. 2. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, clauses, demands or obligations arising out of or by virtue of the marital relationship, whether such obligations exists now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's estate, or the right to treat a lifetime conveyance by the other Page 2 of 16 as testamentary, or all other dghts of a surviving spouse to participate in a deceased spouse's estate, whether adsing under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of madtal property, counsel fees or expenses. Both parties waive all claims in and to the increased value of any gifts,' inheritances, bequests or demises which the other received or became entitled to receive after the date of marriage. EFFECT OF DIVORCE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, Husband is filing a divorce complaint under section 3301(c) of the Divorce Code. Wife shall accept service via regular, first-class mail by signing, dating and returning Page 3 of 16 for filing to Husband's counsel the acceptance of service form, no later than two (2) weeks after counsel mails the form to Wife. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. HEADINGS NOT PART OF AGREEMENT The description headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this Agreement shall be valid and continue in full force, effect and operation. ADDITIONAL INSTRUMENTS Within ten (10) days after a request to do so, each par~y shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, deeds, notes or other writings that may be necessary to give full fome and effect to this Agreement. Page 4 of 16 8. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 9. 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, warranties, covenants or promises other than those expressly set forth in this Agreement. 10. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 11. NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 12. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and the Divorce Code. 13. ATTORNEYS' FEES FOR ENFORCEMENT The breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, provided that the enforcing party Page 5 of 16 14. 15. is successful in establishing that a breach has occurred, as determined by a court of competent jurisdiction. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. DISCLOSURE OF ASSETS Husband has had an opportunity to discuss with counsel the concept of marital property under Pennsylvania law and the right to seek discovery under the Divorce Code and the rules of civil procedure; and the right to have the real estate, personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth. Wife has elected to have counsel represent her interests to the extent of the review of this Marital Settlement Agreement and the explanation of the content of this Agreement. Each party confirms that there has been disclosure to the other of such income, assets and liabilities. Each party waives any right to further disclosure, valuation, enumeration or statement of income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging Page 6 of 16 16. 17. denial of any right to full disclosure, or fraud, duress, undue influence or failure to make available full, proper and independent representation by legal counsel. If either party subsequently discovers any property interest not identified in this Agreement, that property shall be divided equally. If, however, one party knowingly concealed or misrepresented the existence of the property, then that property shall become the sole and separate property of the other. The concealing party shall pay all costs associated with the failure to disclosure, including but not limited to transfer costs and attorney's fees and expenses. HUSBAND'S AND WIFE'S DEBTS ' Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and hold harmless the other from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. ADVICE OF COUNSEL Husband has received independent legal advice from counsel of his selection. He has been informed fully as to his legal rights and obligations available to him under the Divorce Code and other applicable laws. Wife has elected to have counsel represent her interests to the extent of the Page 7 of 16 18. review of this Marital Settlement Agreement and the explanation of the content of this Agreement. EQUITABLE DISTRIBUTION A. Real Estate Marital Residence: The parties own improved real estate known as 511 Geary Avenue, New Cumberland, Pennsylvania 17070 ("marital residence"). Concurrently with the executor of this Agreement, Wife shall execute and deliver to Husband a deed conveying to Husband her right, title and interest in and to the property, under and subject to all encumbrances and liens of record. Husband shall prepare the deed, but will not record until such time as Wife is required to pay rent as set forth hereinafter. The parties further agree that Wife and Children shall have the right to reside full time at the marital residence. Husband agrees to be responsible for all utilities. Husband shall continue to reside at the marital residence until the wife indicates that Husband must leave, at which time the Husband will do so immediately. The parties further agree that so long as Wife and Children are the only residents of the marital residence, Husband shall be responsible for the monthly mortgage, insurance, real estate taxes and utilities on the marital residence. Page 8 of 16 The parties further agree that in the event someone other than Wife and the Children is found to be residing at the madtal residence, in that event Wife agrees to assume responsibility for all utilities and upkeep on the marital residence and agrees to pursue one of the following options: i. Wife agrees to pay rent for the remainder of the time that she resides at the marital residence, the amount of the rent to be determined based upon comparable rental rates of homes in the same community of a comparable fair market value; or ii. ~Wife agrees to purchase the marital residence from Husband for a price based upon homes in the same community of comparable fair market value. In the event Wife purchases the marital residence Husband shall prepare a Deed and Wife agrees to forego any right to the net proceeds ofthe sale. Investments and other Accounts The parties have not identified any stocks, securities, certificates of deposit, bonds, or other similar property acquired during the marriage. Prior to executing this Agreement, the parties distributed the monies in all bank accounts. Each party waives any claims to the accounts retained by the other party. Additionally, each party Page 9 of 16 shall retain, without claim or offset by the other, all bank accounts which each has maintained prior to the execution of this Agreement. The parties represent and warrant to each other that they do not have any stocks, securities, certificates of deposit, bonds, or money market accounts or other similar property in their name, either alone or with another. The parties also represent and warrant to each other that no third party is holding money to which the other party has an entitlement. Life Insurance Policies Each party waives all claims in and to the cash and surrender values, if any of any life insurance policies which the other acquired during the marriage. Pension and Retirement Benefits Husband agrees to transfer one half of his existing 401k retirement plan, valued as of the date of execution of this Agreement, to an account of Wife's choice in Wife's name for her personal pension needs. Tangible Personalty Husband and Wife agree that Wife will retain full ownership of all household assets, including furnishings and appliances with the exception of the following listed items that shall belong to Husband: Page 10 of 16 i. All hand tools and tool boxes ii. All power tools JiJ All power lawn tools, including the lawnmower, snow blower, and gas trimmer. iv. The large rack stereo system, including the loud speakers. v. Husband's drums and trumpet. vi. The Firestone antique radio. vii. The Silverstone antique radio. viii. The blue ceramic antique pitcher. ix. The silver antique captain's dock. x. The large antique school clock. Husband further agrees to be responsible for all loan payments pertaining to this vehicle, and shall have the right to pay off the loan entirely at any time. Wife shall have the full use of the 2000 Chevrolet Blazer. At such time as the loan on the Blazer has been paid in full, Husband agrees to transfer title to the wife. Auto insurance Husband agrees to pay the auto insurance pertaining to the 2000 Chevrolet Blazer, so long as Wife is unmarried or not living with another person, said payment to continue for as long as the Husband is obligated to pay child support based upon the terms of this Agreement. Page 11 of 16 Health Insurance Husband agrees to take all necessary steps to have Wife, so long as she is unmarried or until the youngest Child is no longer eligible for coverage, whichever comes first, and Children continue as covered individuals under the terms of Husband's medical coverage at Husband's employer, Morefield Communications, Inc. Joint Debt and Liabilities Husband and Wife agree that the following list consists of a full and complete list of all known joint debts of the parties. Husband and Wife further agree that Husband shall assume full responsibility for the following debts: a. Bank of New York Loan b. Capital One Loan c. Belco L6 Loan d. Belco 114 Visa Loan e. GMAC Loan (2000 Chevrolet Blazer) Husband and Wife warrant to each other that he/she does not have any credit cards in joint names. Husband and Wife agree that any obligations incurred by either party in his or her individual name, whether incurred before or after the date of the execution of this Agreement, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. Page 12 of 16 19. CASH PAYMENT Husband shall pay to Wife the sum of Five Thousand Dollars ($5,000.00), to be paid in full within three (3) years after the date of the execution of this Agreement. 20. SPOUSAL SUPPORT, APL AND ALIMONY Wife waives all claims for spousal support, alimony pendente lite and alimony. 21. COUNSEL FEES AND EXPENSES Husband shall assume sole responsibility for the counsel fees, costs and expenses he has incurred and will incur in connection with the parties separation and divorce, other than counsel fees which Wife incurs for her legal counsel. 22. TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this Agreement with the understanding that the property transfers described in this Agreement fall within the previsions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 23. INCOME TAX RETURNS The parties agree that they shall file a joint Federal and State Income Tax Return for the years 2002 and 2003. The Wife agrees that Husband shall be entitled to utilize both Children as dependents for Page 13 of 16 24. 25. Federal and State Income tax purposes as long as Wife is both unemployed and unmarried. If Wife becomes either employed or married, then Husband shall only be entitled to utilize one Child as a dependent, that Child being Shannon. If wife becomes both employed and married, Husband shall retain the right to use Shannon as a dependent. AFTER ACQUIRED PROPERTY Each party shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. CHILD CUSTODY AND SUPPORT A. Custody The parties shall share legal custody of both Children. Each parent will have equal access to all records and information concerning the Children. Each parent will have equal input concerning any major decisions involving the Children and each must consult with the other before making any non-emergency decisions. Wife shall maintain primary physical custody, subject to the provisions set forth in the next paragraph. Page 14 of 16 Husband and Wife agree that Husband shall have visitation rights with both Children every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday. Husband shall have the right to have visitation at the location of his choice. This schedule of visitation shall not preclude the extension of additional visitation pedods and rights, subject to mutual agreement of Husband and Wife, with input from the Children. Support Beginning on the date of separation (the date upon which Husband leaves the marital residence) Husband shall pay child support to the Wife for so long as each child resides full time with the Wife in the amount of $133.00 per child per week, payments to be made every two (2) weeks to Wife. Husband agrees that child support payments will stop for each child either when that child reaches the age of eighteen (18) years old, or graduates from high school, whichever occurs first. Children Husband and Wife agree that while interests may exist now or later that create conflict, both agree that they will look to the Children's interests above their own at all times and work tirelessly and in a mature fashion to foster a nurturing and healthy environment for their Children. Page 15 of I6 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year set forth herein. Jack"S. C~ve~ Elisa L. Covert NOTARY AS TO BOTH: SWORN TO and~,,su.,~.c~'ibed this --,L__ day of 'ff~V.~j~ . 2003, before me a Notary Pul~'c. N-otar.~Public My Commission Expires: Page 16 of 16