Loading...
HomeMy WebLinkAbout99-02055 ,~., I:' ~-..':":< ~ l .'."'.s ~.-.t,," - ' ~'~. T----' ;i~ 1.00: ~jV;~d ,\ ~~~:'.:i,/" r~:"i'" f',r- " {:,,;:;:,-, " ;U,~':;_:, .~~~:;'2;>. ~ilf) . ~: ...." lAY' .~. I~t"~' : ~'; , .:-r r- ~, .: ' . ., ~ ::;.:~:.. ,:',~~~~ ,~~~' - '~~f; . ';\'~~I~. ,~'l"~ , .:,'1:;:,,;:',. i~~. :.'i'~"'~ ".:.'.::~~l ,;:~:n, ,.1. ,.;;(~ .~ . ;,,' .,y,~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY . STATE OF PENNA. SUSAN SELLERS No. 99-2055 CIVIL VERSUS KENNETH SELLERS + DECREE IN DIVORCE AND Now.dfAW\.f JD it tI~ 11of. , 2OD~ IS OROERED AND .. + DECREED THAT Susan Sellers . PLAINTIFF, AND Kenneth Sellers DEFENDANT, ARE DIVORCEO FROM THE BONDS OF MATRIMONY. + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISEO OF RECORO IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; I . The terms of the parties' Separation and Property Settlement Agreement dated April 30, 2002 and attached hereto are incorporated herein but not merged herewith. + r1 . ?1/_ · J. :>- ~~ROTHONOTARY + + , + , H + + + ++1'+ + + + , o Uo .~ dv--l ~h<a4 -;d-a?/ (1z~ /po 'C''?! '7'P~ ~ "% 4 ~ . , Scltltmml ....pu.mr.nl' (4-U..ln).wpd 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apm. Each shnll be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside ut such place or places as he or she may select. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. EOUlTABLE DISTRIBUTION. A. 400 HOPI DRIVE. MECHANICSBURG. CUMBERLAND COUNTY. PENNSYLVANIA. The parties acknowledge that they are the titled owners. as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 400 Hopi Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "marital residence"). The parties agree as follows with respect to the marital residence: 1. Wife shnll become the sole and exclusive owner of the marital residence and shall be pennitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest (including the fair rental value of the marital residence which may have accrued since the parti~s' separation) he may have in and to the marital residence. Husband shnIl, contemporaneously with the signing of this Agreement, execute a special warranty deed conveying nIl of his right, title and interest in the marital residence to Wife. Said deed will be held in escrow by Husband's counsel until Wife's refmancing of the obligation or sale of the home. 2. Husband agrees that as of the date of execution of this Agreement, any and nIl title policies and any other policies of insurance with resptoct to the marital residence shall be endorsed to reflect Wife as sole owner thereof and 2 Scnlemtl\t ""pUlTltnt 7 (4-12-01).wpd further agrees that Wife shnll be entitled to receive any payments now or hereafter due under any such insurance policies. 3. Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the marital residence since the date of separation, including but not limited to, any mortgages, any and nIl home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shnII keep Husband and his successors, assigns, heirs, executors and administrators indenmitied and held hannless from any liability, cost or expense, including actual attorne/s fees which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the marital residence. 4. Wife shall, immediately upon execution of this Agreement, take nIl steps necessary to list the home for sale. Husband agrees to cooperate to the extent necessary to effectuate the sale. Wife shnll be entitled to nIl the proceeds from the sale of the home and liable for nIl tax consequences from the sale. If the property is not sold in six months, Wife agrees to refinance the property thus removing Husband's name from the obligation. 5. The parties agree that this asset is valued at $108,000.00. B. 154 MARKET STREET HIGHSPIRE. DAUPHIN COUNTY. PENNSYLVANIA. The panies acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and nIl improvements thereon situate at 154 Market Street, Highspire, Dauphin County, Pennsylvania. The parties agree as follows with respect to said real estate: 3 Selllunenl Aarumenl1 (4-12-0'Z).wpd 1. Husband shall become the sole and exclusive owner of said property and shnll be pennitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to said property. Wife shnIl, contemporaneously with the signing of this Agreement, execute a deed transferring nIl of her right, title and interest in said property to Husband. Said deed shall be held by Wife's counsel pending Husband's refmancing of the obligation or sale of the property. 2. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the said property shnll be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shnll be entitled to receive any payments now or hereafter due under any such insurance policies. 3. Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the subject property, including but not limited to, any mortgages, any and all equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indenmitied and held hannless from any liability, cost or expense, including actual attorney's fees which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the said property. Moreover, Husband shall, immediately upon execution of this Agreement, list the property for sale. Wife agrees to cooperate to the extent 4 S,nl'menI AplcffiUlI1(4.1J.02).wpd necessary to effectuate the sale. Husband shall be entitled to all of the proceeds from the sale of the property and liable for all tax consequences from the sale. If the property is not sold in six months, Husband agrees to refmance the property, thus removing Wife's name from the obligation. 4. The parties agree this asset is valued at $9,000.00. C. FURNISHINGS AND PERSONAL PROPERTY. 1. The parties agree that they have divided between themselves nIl of their furnishings and personal property, including but not limited to, nIl furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. 2. Except as otherwise set forth herein, Wife shnII retain, as her sole and separate property, free of any and nIl right, title, claim or interest of Husband, nIl of the personal property and furnishings remaining in the marital residence. 3. Except as othe.rwise set forth herein, Husband shall retain, as his sole and separate property, free of any and nIl right, title, claim or interest of Wife, all of the personal property and furnishings currently in his possession. 4. Wife shall be credited with receiving furnishings with a value of $22.500.00. D. MOTOR VEHICLES. 1. 1990 Y 1lIllilhu Motorcvcle. The parties hereby agree that Husband shall retain possession of and receive as his sole and separate property the 1990 Yamahumotorcycle, along with nIl rights under any insurance policies thereon and with nIl responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and nIl right, title, claim or interest of Wife. 5 Stlllunent ~ 1 (...U.02).....'Pd and intermediate fund as well as the remaining USAA fund. Wife hereby agrees to waive any right, title and interest that she may have to the above stocks and investments retained by Husband. Husband hereby waives any right, title and interest he may have to the USAA accounts retained by Wife. Parties agree to execute any and all documentation necessary to transfer the ownership of said items within 15 days of the execution of this Agreement. The Parties agree that it is their intention to effectuate an overnII division of the marital assets so that Wife receives 58% of the marital assets and Husband receives 42% of the marital assets. The Parties agree that in order to effectuate said division, the Legg Mason Preferred Account that is jointly held shnll be divided in such a manner as to provide Wife a total of 58% of the assets. To the extent possible, each stock held in this account shnII be divided proportionately between the parties until such time as wife has obtained the amounts necessary to effectuate the division. SpecificnIly, the parties shnll proportionately divide the PfIzer stock, Tyco stock and Rite-Aid stock first and then the remaining shnII be divided as necessary to effectuate the division. G. BANK ACCOUNTS. The parties owned the following bank accounts: Husband: Commerce Bank checking account #0513055640 Value: $2,000 Joint: Commerce Bank checking account #0513055640 Value: $16,000 8 Sdllmllll~1(+1J..(mwpd Wife: Commerce Bank savings account #0430016217 Value: $400 COlrunerce Bwtk checking account #0032024846 Value: $500 Husband shall retairl his bank account. Wife shall retain her bank accounts. Each party waives their right title and interest in the others accounts. The parties further acknowledge that the date of separation value of their joint checking account shall be equally divided within ten (10) days of the date of the execution of tltis Agreement. WifelHusband sending Wife check for $8,000.00. H. PROPERTY TO WIFE. The parties agree that Wife shall own, possess and enjoy, free of any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quit-claims, assigns and conveys to Wife nIl such property, and waives and relinquishes any and nIl rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shnII constitute a sufficient bill of sale to evidence the transfer of any and nIl rights in such property from Husband to Wife. I. PROPERTY TO HUSBAND. The parties agree that Husband shnII own, possess and enjoy, free of any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quit-claims, assigns and conveys to Husband all such property, and waives and relinquishes any and nIl rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shnII constitute a sufficient bill of sale to evidence the transfer of any and nIl rights in such property from Wife to Husband. 3. AFTER ACOUlRED PROPERTY. The parties shall hereafter own and enjoy, independently of any claim or right of the other, nIl items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full 9 StnlNfla\fA,ulmll1(4-U.0'2).wptJ power in him or her to dispose of the same as fully WId effectively, in all respects WId for nI\ purposes, as though he or she were unmarried. 4. LIABILITY HUSBAND shall receive credit for the following payments which have been made in full: a. Line of credit $10,379 b. 1999 Income tax liability $6, 450 c. 1998 Income tax liability $7,927 Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other pany is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shnII become due, and to indernniJy and hold the otller party and his or her property harmless from any and nIl such debts, obligations and liabilities. S. INDEMNIFICA TION OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband shall, at his sole expense, defend against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 6. INDEMNIFICATION OF HUSBAND. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreer.ent, Wife shall, at her sole expense, defend against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss 10 S.nlcmr.nl ^-"UInMI' (4-l1.()2)wpd resulting tllerefrom. including but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith 7. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Unless otherwise specifically provided in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have by reason of their marriage to alimony, alimony pendente lite, spousal support and/or maintenance ofiEther like benefits. @ 8. - UNSEL FEES. COSTS AND EXPENSES. Each party shull be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this AgreeIIlent, as of the date of execution of this Agreement. Husband and Wife each waives nIl rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said pany has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed genernIly and shnII include, but not be limited to, a waiver of nIl rights provided under the laws of Pennsylvania or any other jurisdiction. 1 O. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specificnIly set forth in this Agreement, each pany hereto specifically waives any and nIl beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, fmal pay checks or any other post-death II ~tfllmmt 1\6rf'tt1m17 (.....2Hl} wpd distribution scheme, and each party expressly states that it is his WId her intention to revoke by the terms of this Agreement any beneficiary designations nwning the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shnII be deemed to be the estate of the deceased party. II. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3S02 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthennore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each pany agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, n\irnony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including nIl rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and 12 Serll'men! A,mrft'lJ 7 (....U.01)""'JId only except all rights and obligations arising under this Agreenll:nt or for the hreach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth ill tlus Agreement, each party herehy absolutely llIJd unconditionnIly releases llIJd forever discharges the other WId his or her heirs, executors, administrators, assigns, property and estate from any and all rights, clainl~, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existulg or llereafter arising. The above release shnII be effectivt regardless of whether such claims arise Ollt of any prior acts, contracts, engagements or liabilities of the other or by way of dower, curtsey, widow's or widower's rights, family exemption or similar nIlowance, or under the ultestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or nIl other rights of a surviving spouse to participate in a deceased Spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the panies contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from nIl causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 99-2055 Civil in the CoUrt of Common Pleas of Cumberland County, Pennsylvania. Wife shall proceed with the said divorce action and the parties shall execute nIl documents necessary to conclude the divorce as expeditiously as possible. 13 "( S.ul~ ^,"mmlll"-U-Ol)....-pd 12. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE. This Agreemmt may be incorporated into a decree of divorce for purposes of enforcel~nt only, but shall not be merged into said decree. TIle parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shnII retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specificnIly not waived or released. 13. MODIFICA nON. No Irodification, rescission or lIIrendment to this agreement shall be effective unless in writing and signed by each of the parties hereto. 14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party shnII not be deemed a waiver of any other breach of any provision of this Agreement. 15. APPLICABLE LAW. All acts contemplated by this Agreement shnII be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shnll bind the panies hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 18. 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. 14 SettlMlllOl "Hnftl It..-U.(tZl. 19. ";NTIRE AGREEMENT. Elich pany lICklKlwlcdges that he or shc hils carefully rcad tllis Agreement; tlwt hc or she Iws dLo;cussed its provisions with an IIttOnlcy of his or hcr own choicc, and has exccuted it frcely 1I1ll1 vlllUlllllrily. The parties furthcr acknowledge and confirm that the execution of this Agreemclll is not the result of lIny duress, undue influence, collusion or improper or iIlcgal agreement or agreements; and that this instrument expresses the elllire agrecment betwccn the parties concerning the subjects it purports to cover and supersedes any and all prior agreemenls between the parties. TIlis Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERA TION. Each party shnIl, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 21. BREACH. If either party hereto breaches any provision hereof, the other party shnII have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shnII be entitled to recover from the breaching pany nIl costs, expenses and legal fees actunIly incurred in the enforcement of the rights of the non-breaching party. 22. DA TE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shnll be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 15 ".... \() f':; (.1, (': j::: , . SJ , .-r; I.'.' - , . " , ..-: .) :'.~ c. , '. .' - j u " r-' '/? - ..- , .. ., !J C. ~1'- , '. c ,I ') L: Q 0 '. . 5. Date Plaintiff's Waiv~r of Notice in ~ 3301(c) Divorc~ was filed with the Prothonotary: May 17, 2002 Date Def~ndwlt's WaiverofNotic~ in * 330l(c) Divorce was f1!ed with the Prothonotary: May 17,2002 Respectfully submitted, REAGER & ADLER, PC Date:,"'5!Ilt> / 02- By: Debr ID N . 66378 2331 Market Street Camp Hill,PA 17011 717-763-\383 Attorneys for Plaintiff :>- r-. f; ,Y" c.: 1': ~- t:: ~-) ,< ul~2 ("):.;": ,_.~.,,:_. " .. ;-~ ~j ". l:". ()I. '.- -' , r- T{() C). 2~~ ::,~: >- :lltj L~. . -" ~~'J.. - " '" ::3 u c:> U tlltl.t9L lULl l_UOLl \I'd 'llH JIWJ J.331US J.3~ijVl'IlCtl MVl !V SA3NijOllV 'Jd 'ij310V V ij30V3ij ~... /"'. G rr, c.: ~~ 7- ',iJG C-:J :.J.~ /..)-.... , '_4 ~'I': :)~ :..-. ::1 n._ )~ -'~ .--. "(tf'J ';-f~; >- '-. '-- "IIU .-, ::'.10- - '- .. e" ~ '- ., 0 U " -' . ! I I VERIFICATION I, SUSAN M. SELLERS, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to thc penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. :J~77 //;1. J~a/ SUSAN M. SELLERS Date: Y/~Yf 6 REAQI!I9ft-fr~R. P.Cr. ATTORNEVS ^T LAW 2331 MARKET STREET CAMP HILL. PA 17011..A.2 171717eJ.1J83 SUSAN SELLERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 99.2055 CIVIL KENNETH SELLERS, Dcfcndant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorcc undcr Scction 3301(c) ofthc Divorcc Codc was filcd on April 7, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date oflhe 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: '(-d1~ 0). ~~ /0/. ~~ - SUSAN SELLERS ,,,"- c- ;:'~~. l"C' ( )-.. 0:(: C,:i,- .....:. '.:...J '.(', l.r) <": " f;j i': ;;... ~::l.~ .} ~:; ,J(I) ,,12": iJ....:: _~:)1:!-1 ,. - :5 (..l #'lIoo....... -- ~~ :'-. /.'1" f'o. - >- ". CJ ~ "-.1 .::::> -- REAGER & ADLER, P.C. ATTOR,NEV5 Ali LAW 2331 MARKET STREET CAMP HILL. PA "'ft"1'4~11 17171783.1383 SUSAN SELLERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 99-2055 CIVIL KENNETH SELLERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~02.. f KENNETH SELLERS /. ,"-. l.r) cr; r.:: ~.~ c.; , , r .0 - , r~r7; .--;- -,.. , i-';:: _J~;: , ,... :~j '~f' - , 0 "- j-:':(";; -- -<e. " ,f1t..J I, :i: "!Q; Ci C\J -' c:. i:3 ,,::-. po ~",., -~ . - ~ RfAGER . ADLER. P.C. "nORIlIEVS AT-LAW ~.131 MAAk.ET STREET, CAMP HILL. PA 1701 '.4042 111117153 1:183 ~ SUSAN SELLERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 99-2055 CIVIL KENNETH SELLERS, Defendant CIVIl. ACfION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER !l3301(CI OF THE DIVORCE CODE I. I consent to the entry of a final Dccrec of Divorcc without noticc. 2. I understand that I may lose rights conccrning alimony, division ofpropcrty, 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 Divorcc Decrce is entcred by the Court and that a copy of the Decrec will be scnt to me immediately after it is filed with the Prothonotary. I verify that the statements madc in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: 'I- rJ1~ 0 d. ~mJ~ SUSAN SELLERS " 'i i'f: '.~, ',~~ ':\f X;~' -~~: ':t J,c ~ p ;~ :{ '~ r >- I.() L- [': ." C>: ,...:; ~~ :,l.Ir ~ :.._).- (,. '-.!;:i? -;,,- ~!- -.' " ('... -- ~,~ or' , " -~2 t.' r--. t? .. , , ;'L'I :- :,-"::::.; ,. ....: J i"l,'ti ::.:: ~~)("'... 1.'_. O\J :5 () a () .'l ( " ~ '. . "EAor" . ADLER. ".c. A"O",!r:V& AH.AW 2Ut MA,,,.U...&IY.T CAM,. HILL.'A ,'7011.4';2 f117'7n,un -..----.-...- "~"- SUSAN SELLERS, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff v. NO. 99.2055 CIVIL KENNETH SELLERS, Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER !i330llCl OF THE DIVORCE CODE I I I I i i .J I 2. I consent to the entry of a final Decrec of Divorcc without notice. 2. I understand that I may lose rights conceming 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 bc divorced until a Divorce Decrce 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 I .1 I I j j I I I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of I 8 Pa.C.S. g 4904 relating to unsworn falsification to authorities. Date: ~t/o2.. ~f.k~ _ ---1 KENNETH SELLERS ~--... ! \ t". ~ t: ~.; "I": ~:2 ()--. ,-- ~ ~ :.:.")~ !_L--..) .~~~ -~; [;) ,~~ ).j~ L ..J () Ul C": ',.. ; . <- :- ~ ;; ''- , ' f......! (...=t .":::10 .e::;.; "'" "" A'''''' '. . I. ...~, ~ L "IAOER . ADUfI. r:C. ATTORNIVS.AT l#A.W 233' MA"KIT 'T"~IT . CAM' HILL.'. 17011.4842 C7~'7J 7e..!:}31J &.-.. .-. SUSAN M. SELLERS, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 99- 2055 CIVIL KENNETH C. SELLERS, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Paul J. Esposito, Esquire, accept service of the Complaint in Divorce in the above captioned matter. I certify that I am authorized to accept service on behalf of my client, Kenneth C. Sellers. Date: ~ /~ ;tiff By: ">- ..... ~~ !.:: -" ~. ..' r- lU- . ). ~,~( ': l..l.. '''' ," '.L.- 'i" '( ,- (] ::"'1 ';J'? l..:.:" C',J :-:: u" r< ;',) C. l:..... .:;.r " r~ ''', L' r...-' U '---fit:::-... ~<o::.-':' ,..,.. """ . '. . SUSAN SELLERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99- .;lo.r.s- CL:L L/~ CIVIL ACTION - LAW IN DIVORCE v. KENNETH SELLERS, Defendant MOTION FOR APPOINTMENT OF MASTER AND NOW, thisiti- day of _ ~~r,1 II/-I { -lOllI, comes the undersigned attorney for the plaintiff and certifies to the ourtthatthe above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue betwccn the plaintiff and the defendant: ( X) Grounds for divorce; (X) Alimony Pendente lite, ( ) Support; Counsel fees; ( X) Alimony; ( ) Paternity; ( X) Equitable distribution of ( ) Custody; property; ( ) Other Service of the complaint was made on the above named defendant on April 22, 1999 by acceptance of service. An appearance on behalf of the defendant has been entered by Paul Esposito, Esquire. The following attorneys have been interested in other matters arising between the plaintiff and defendant: None, Contest is indicated. "'...... eb Denis ttorney fo AND NOW, this /0 :YOf ~bff.#~ .2001, F~ /Z/k. Esq., is hereby appointed Master in this proc eding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. BY THE COURT: ~fJ . --'. :"1' : ;" , "'.;mfiY 01 SF.? 10 AHll:Oa CUlI.d;i\W~D CGUNiY PENNSYLViWLA. >- .:r ~ q; C": ;::;: .. -~ ~JJQ - h";; ~1;-:CI ~ 0~ :-:. :L << 9~ cSI:, 1 ( , r- -"W fD~5: I ':')z iI: ~ :.: "- :.Eiai w CD a.. , C/J ~ IL ::> 0 C) U '.. "-'- , '11 ~i'{ l.<~ F J '! !:, 1\: i C): n 9 CL:.. . _'_i.:i~;Y PiJj~\~; .1'','.'.\'.1\ I . . , . \ SIGI.cnIt\t A,MnwnI1 (Hl.o1).~ 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apan. Each shnll be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Neither party will interfere with the use, ownership, enjoyment or disposition of W1Y property now owned by or hereafter acquired by the other. 2. EOUITABLE DISTRIBUTION. A. 400 HOPI DRIVE. MECHANICSBURG, CUMBERLAND COUNTY. PENNSYLVANIA. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 400 Hopi Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "marital residence"). The parties agree as follows with respect to the marital residence: I. Wife shall become the sole and exclusive owner of the marital residence and shnll be pennitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and nIl past, present or future right, title, claim and interest (including the fair rental value of the marital residence which may have accrued since the parti~s' separation) he may have in and to the marital residence. Husband shall, contemporaneously with the signing of this Agreement, execute a special warranty deed conveying all of his right, title and interest in the marital residence to Wife. Said deed will be held in escrow by Husband's counsel until Wife's refmancing of the obligation or sale of the home. 2. Husband agrees that as of the date of execution of this Agreement, any and nIl title policies and any other policies of insurance with respect to the marital residence shall be endorsed to reflect Wife as sole owner thereof and 2 ;~ , Slft1enwla A,HmalI7(4-U-02),wpd further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. 3. Wife shull be solely responsible for all costs, expenses and liabilities associated with or attributable to the marital residence since the date of separation, including but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shnII keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorne/s fees which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the marital residence. 4. Wife shnIl, immediately upon execution of this Agreement, take nIl steps necessary to list the horne for sale. Husband agrees to cooperate to the extent necessary to effectuate the sale. Wife shnll be entitled to all the proceeds from the sale of the home and liable for nIl tax consequences from the sale. If the property is not sold in six months, Wife agrees to refinance the property thus removing Husband's name from the obligation. 5. The panies agree that this asset is valued at $108,000.00. B. 154 MARKET STREET HIGHSPIRE. DAUPHIN COUNTY.. PENNSYL VANIA. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and nIl improvements thereon situate at 154 Market Street, Highspire, Dauphin County, Pennsylvania. The parties agree as follows with respect to said real estate: 3 StCtlMwnl A,MINnl 7 (4-U.oJJ wpd 1. Husband shall become the sole and exclusive owner of said property and shall be pennitled to take any action with respect thereto that he deem~ appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to said property. Wife shnIl, contemporaneously with the signing of this Agreement, execute a deed transferring nIl of her right, title and interest in said property to Husband. Said deed shall be held by Wife's counsel pending Husband's refmancing of the obligation or sale of the property. 2. Wife agrees that as of the date of execution of this Agreement, any and nIl title policies and any other policies of insurance with respect to the said property shnll be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. 3. Commencing on the execution date of this Agreement, Husband shnII be solely responsible for all costs, expenses and liabilities associated with or attributable to the subject property, including but not limited to, any mortgages, any and nIl equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shnII keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held hannless from any liability, cost or expense, including actual attorney's fees which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the said property. Moreover, Husband shall, immediately upon execution of this Agreement, list the property for sale. Wife agrees to cooperate to the extent 4 S.IImIftI~1(4.n-Ol)...,... neccssary to effectuate the sale. Husband shull be entitled to all of the proceeds from the sale of the property and liable for all tax consequences from the sale. If the property is not sold in six months, Husband agrees 10 refmance the property, thus removing Wit;:'s name fromlhe obligation. 4. TIle panies agree this asset is valued at $9,000.00. C. FURNISHINGS AND PERSONAL PROPERTY. \. TIle parties agree lhatthey have divided between themselves nIl of their furnishings and personal property, including but not limited to, all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. 2. Except as otherwise set forth herein, Wife shnII retain, as her sole and separate property, free of any and nIl right, title, claim or interest of Husband, aU of the personal property and furnishings remaining in the marital residence. 3. Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and nIl right, title, claim or interest of Wife, nIl of the personal property and furnishings currently in his possession. 4. Wife shall be credited with receiving furnishings with a value of $22.500.00. D. MOTOR VEHICLES. 1. 1990 Yarnaha Motorcvcle. The parties hereby agree that Husband shall retain possession of and receive as his sole and separate property the 1990 Yamaha Irotorcycle, along with nIl rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and nIl right, title, claim or interest of Wife. 5 S,nltmlnl ~ 7 {4-21.02I,wpd Husband shall indemnify and hold Wife and her property ham~ess from any and nU liability, cost or expense, including actual auomey's fees, incurred in connection with said vehicle. Said vehicle is vulued ut $3,000.00. E. PROFIT SHARING. RETIREMENT PLANS. IRA'S. ANNulTIE.c;. The panies hereby acknowledge that they have acquired and accumulated various assets in the nature of fmancial investment accounts, profit-sharing and retirement plans, individual retirement accounts, stocks, annuities and life insurance policies. It is the panies' intention to effectuate an overaU division of nIl of their marital assets and liabilities so that Wife receives 58% of their net marital assets and Husband receives 42% of their net marital assets. The parties are Owners of the foUowing retirement accounts: Husband: Xerox corporate savings account (172-36-0214) Value: $406,675.00 RIGP cash balance account (Xerox) (172-36-0214) Value: $359,429.00 Xerox transitional account (172-36-0214) Value: $407,976.00 GE. Life & Annuity (T060838S4) Value $29,683 Gannett Fleming 401 (k) Value: $26,685 Gannett Fleming Pension Value: $12,000 Wife: Trinity Lutheran Church Retirement account Value: $12,200.00 i I I I I ' Ii, ~ ' ~~"r:'. , ' r, .~_ rt: : ,,:, , Legg Mason IRA Value: $2,200.00 The parties agree that these accounts shnll be valued as of 12130/01. Wife shnII retain her retirement accounts. Wife shnII also retain the Xerox Corporate Savings Account. Husband shnII ~ retain the Xerox transitional account and the GE Life & Annuity Account, the{JB 461(kj and the 6~~n.,H f/~HI;1Itf #lIsi#1 , 6 !.-,' !"-"'~7("Z1.OZ'wpd Wife: ConulIerce Bank savings accou/U #0430016217 Value: $400 ConUlIerce BlUlk checking account #0032024846 Value: $500 Husband shall retain his bank acCOWIt. Wife SIUlIl retain her bank accounts. Each party waives their right title and interest in the others accounts. The parties further acknowledge that the date of separation value of their joint checking account shall be equnIly divided within ten (10) days of the dace of the execution of tIllS Agreement. WifelHusband sending Wife check for $8,000.00. H. PROPERTY TO WIFE. The parties agree that Wife shall Own, possess and enjoy, free of any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quit-claims, assigns and conveys to Wife nIl such property, and waives and relinquishes any and nIl rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and nIl rights in such property from Husband to Wife. r. PROPERTY TO HUSBAND. The parties agree that Husband shall own, possess and enjoy, free of any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quit-claims, assigns and conveys to Husband nIl such property, and waives and relinquishes any and nIl rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shnII constitute a sufficient bill of sale to evidence the transfer of any and nIl rights in such property from Wife to Husband. 3. AFTER ACOUIRED PROPERTY. The parties shnII hereafter own and enjoy, independently of any claim or right of the other, nIl items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full 9 I,. .( . ...1omool_1(..U.Cl/)'... power in him or her to dispose of the SlUlle as fully and effectively, in all respects and for aU purposes, as though he or she were unmarried. 4. LlABJLITY HUSBAND shall receive credit for the following paymenls which have been made in full: a. Line of credit $10,379 b. 1999 Income tax liability $6,450 c. 1998 Income tax liability $7,927 Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other pany is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shnll become due, and to indemnifY and hold the other pany and his or her property hannIess from any and nIl such debts, obligations and liabilities. S. INDEMNIFICA TION OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband shnll, at his sole expense, defend against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including but not limited to, costs of coUrt and actual attorney's fees incurred by Wife in connection therewith. 6. INDEMNIFICATION OF HUSBAND. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife shnl\, at her sole expense, defend against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss 10 , SIftJ~A,Nrmlnl'(HJ.cnI*Jld resulting therefnm~ including but not limited to, costs of COUrt ond actuallUlorney's fees incurred by Husband in colUlectiontherewitlL 7. WAIVER SUPPORT. Unless otherwise specifically provided in this Agreement, Husband and Wife hereby expressly woive, discharge and release any and oil rights and clainlS which he or she may now or hereafter have by reason of their marriage to alimony, olimony pendente lite, spousal support and/or maintenance o~olt~like benefits. 8. @ dOUNSEL FEES. COSTS AND EXPENSES. Each pany shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissOlution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said pany has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shnII be construed generally and shnII include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 1 O. WAIVER OF BENEFICIARY DESIGNA TlON. Unless otherwise specificnIly set forth in this Agreement, each party hereto specificnIly waives any and nIl beneficiary rights and any and nIl rights as a surviving Spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life in.<urance policies, annuities, stock accounts, bank accounts, fmal pay checks or any other post-death II senltnwn"-'.......,(..U-ol). distribution scheme, wid each party expressly states that it is his WId her intention to revoke by the terms of this Agreement W1Y beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If wid in the event the other party continues to be named as heneficiary and no alternate bc:neficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. II. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. FUrthermore, except as otherwise provided for in this AgreellXlnt, each of the parties hereby specificnIly waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each pany agrees never to assert any claim to said property or proceeds in the future. However, neither pany is released or discharged from any obligation under this Agreement or any instrument or document executed pursuaut to this Agreement. B. Each party hereby absolutely and unconditionnIly releases and forever discharges the other and the estate of the other for nIl purposes from any and nIl rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, aIirnony pendente lite. alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including nIl rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other juriSdiction, except and 12 '. SMlthnI~, 7(...U.o1).wpd only except all rights and obligations arising under this Agreement or for thc brcach of any of its provisions. Ncither party shnII have any obligation to the other not expressly set forth hcrcin. C. Except as set forth in tltis Agreement, each party hcreby absolutcly and unconditionally releases and forcver discharges the other and ltis or her heirs, cxecutors, administrators, assigns, property and estate from any and nIl rights, claims, dcmands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any prior acts, contracts, engagements or liabilities of the other or by way of dower, cUrtsey, widow's or widower's rights, family exemption or similar nIlowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving Spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. f E. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 99-2055 Civil in the CoUrt of Common Pleas of Cumberland County, Pennsylvania. Wife shaU proceed with the said divorce action and the parties shall execute nIl documents necessary to conclude the divorce as expeditiously as possible. 13 S.....~l(4-U'O"-.,.d 12. AGREEMENT TO 8E INCORPORA TED 8UT NOT MERGED IN DIVORCE DECREE. TIlis Agreement 1I111Y be incorporated into D decree of divorce for purposes of enforcement only, but slwll not be merged into saUl decree. TIle pnrties shall have the right to enforce tills AgreelT1Cnt undcr thc Divorce: Code of 1980, as anlCnded, and in addition, shall retain any rem:dics in law or in equity under this Agreemellt as all independent contract. Such remedies in law or equity are specificolIy not waived or released. 13. MODIFICATION. No lllJdification, rescission or amendment to this agreement shall be effective uniess in writing and signed by each of the parties hereto. 14. WAIVER OF BREACH. The waivcrby one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 16. SEVERABILITY. If any provision of this Agreement is held by a coUrt of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shnII nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shnll bind the panies hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 18. 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. 14 SeflJlfI'IInI~7("2J.()l)...,.. 19. ENTIRE AGREEMENT. Euch party IlCknowledges that he or she has carefully read this Agreement; that he or she has discu$sed its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties furthcr acknowledge and confiml that the execution of tllis Agrcement is not the result of any duress, undue influence, collusion or improper or illegal llgreelrent or agreements; and that this instrument expresses the entire agreelrent between the parties concerning the subjects it purports to cover and supersedes any and all prior agreemems between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shnIl, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party nIl attorney's fees, costs, and other expenses actually incurred as a result of such failure. 21. BREACH. If either party hereto breaches any provision hereof, the other pany shnII have the right, at his or her election, to sue for damages for such breach, or seek Such other remedies or relief as may be available to him or her. The non-breaching party shnII be entitled to recover from the breaching pany nIl costs, expenses and legal fees actunIly incurred in the enforcement of the rights of the non-breaching party. 22. DA TE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shnll be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 15 ft[AG[R . AOUR. ,c. ATTOAN(VS AT LAW 23Jt MARKET 5T"flT CAM,. .-tIll. rA 11011 4S4" PUt 1ft] ilK] DEC~ .........,..-~, SUSAN SELLERS, : IN TIfE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintifl' vs. : NO. lJlJ-2055 CIVIL KENNETII SELLERS, Dcfcndant : CIVIL ACTION.IN DIVORCE QUALIFIED DOMESTIC RELATIONS OlmER WHEREAS, this court on Junc 10. 2002 has cntcrcd a judgmcnt approving a Domestic Rclations ugrcclllcnt; Whcrcas this Court has cntcrcd ,I Dccrcc in Divorcc on Junc 10. 2002 with due notice having bccn givcn; Whercas, this court having jurisdiction ovcr thc partics and the subject matter; IT IS HEREBY ORDERED AS FOLLOWS: I. This Ordercreatcs and rccognizcs thc cxistcncc of an Altcrnatc Paycc's right to rcceive a portion ofthc Participant's total account balancc accumulatcd undcr an cmployer- sponsored dcfincd contribution plan which is qualificd under Scction 401 ofthc Internal Revenuc Code of 1986, as amcndcd (the"Code"). It is intcndcd to constitutc a Qualified Domestic Relations Order ("QDRO") under Section 4l4(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amcnded ("ERISA"). This Order is entered pursuant to the authority granted in Section 3104 ofthc applicable domestic relations laws of the State of P A. 2. This Order applies only to The Xerox Corporation Profit Sharing & Savings Plan (thc "Plan") administercd by the Plan Administrator. Furthcr. any successor plan to the Plan shall also be subject to the tcrms of this Order.. 3. The Plan Participant to whom this Order relates is Kenneth C. Sellers (the "Participant"). The Social Security Number, date of birth and last known mailing address ofthe Participant arc: Social Security No: 172-36-0214 Date of Birth: 06-18-1945 Address: 6123 Collington Court Harrisburg, P A 17012 4. Thc individuallu whum this Ordcr ussigns ccrtuin Plan bcnclils p.lyublc with rcspcct to thc Participant is Susun M. Scllcrs !Thc '...Altcrnalc I'uycc"). Thc Social Sccurity Numbcr, datc of birth und 1;lst knownnmiling addrcss uflhc Altcrnutc Puycc urc: Social Sccurity No: I M5-34.1)3 7M DulC uf Birlh: 02.0').11)45 Addrcss: 400 Hopi Drivc Mcchanicsburg. P A 17050 S. This Ordcr assigns to thc Altematc I'nycc from thc Xcrox Corpomtion Prolit Sharing Snvings I'lnn an amount cqualto: (A) 100% ofthc Pnrticipnnt's nccount balance undcr thc Plnn as ofthc Junc 10,2002 but no later than thc dale this Ordcr is cntcrcd by thc court (thc "Assignmcnt Date") togcther with thc applicablc invcstmcnt gains and loscs from and after that date until thc datc of valuation for distribution to thc Altcmatc Paycc, or 6. Thc Altcmatc Paycc shall bc cntitled to clcct paymcnt ofthc portion ofthc Plan benelits assigncd to thc Altcmntc Paycc as soon as ndministrativcly reasonablc following thc Plan Administrator's dcterminatc that this Ordcr is a QDRO. This amount shall bc adjusted for investment gains and losses from the Assignmcnt Date, through thc datc the assigned bcnelit is valued for purposes of distribution to thc Altcmatc Paycc. Thc distribution to the Altcrnate Payce shall be paid in accordance with thc provisions ofthc Plan. 7. If the Salaricd Prolit Sharing and Savings Plan/or thc Union Prolit Sharing Plan is affected by this Order; thc amount notcd above will bc separately accounted for among thc investmenl options of thc Participant on a proratc basis so that the Altemate Payec and Participant have the same percentagc of their total balances in each of the investment options immediately after the Assignment Date. Thc balance assigned to the Alternate Payee shall be first assigned from before tax funds. 8. The non-assigned balance in the Participant's account in the Plan together with all investment gains and losses on the non-assigned balancc and any increases in the Participant's balance due to employee contributions to the Plan occurring subsequent to the Assignment Date shall be the sole property of the Participant. 9. If the Participant predeceases the Alternate Payee prior to payment of the Alternate Payee's assigned benefit under the Plan, the Altemate Payee's benelit will not be affected in the event of the Participant's death, the account balance which remains the property of the Participant will be payable to the Participant's designated beneliciary for benelits not assigned to the Alternate Payee. In casc of the death of the Alternate Payee prior to distribution of the Altemate Payee's bene lit from the Plan, the assigned benefit will be paid to the Alternate Payee's designated beneliciary, or in none, to the Altcrnatc Payee's estate. SUSAN SELLERS n/k/a SUSAN PENNINGTON, PlainliO' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 1)').2055 KENNEl'l I SELLERS, D~f~ndant : CIVIL ACTION. LA W : IN DIVORCE I'ETITION FOR ENfORCEMENT OF MARITAL SETTLEMENT AGI~EEMENT AND CONTEMPT AND NOW COIll~S Petitioner, SUS.1I1 M. Scllcrs, n/kla Susan Pcnnington, by and through hcr counsel, Rcagcr & Adlcr, P.C., .lI1d pctitions this Court as tollows: I. The parties hereto are subjcctto the IcmlS of a Marital Scttlcmcnt Agreemcnt dated April 30, 2002. Said scltlemcnt agrccment was incorporatcd into a Dccree in Divorce which was issucd on Junc 10, 2002. This agreemcnt is attached hercto as Exhibit "A." Pursuant to the tcrms ofthc Marital Scttlement Agreement, HUSBAND was to pay in full a line of credit with an outslanding obligation of$IO,379.00. This line of crcdit was attachcd to the marital homc which WIFE rcccived in the cquitable distribution. 2. On September 18, 2002, WIFE sold thc marital residence. At the time of sale, the line of credit had an outstanding obligation of$3,4S4.41 plus a 540.00 satisfaction fee. 3. In ordcr to finalize the salc of the marital home, WIFE was rcquired to make this payment in full. Proof of said paymcnt is attachcd hereto as Exhibit "B" in the form of bank rcceipts. 4. By corrcspondence datcd September 20, 2002, compliance with thc Marital Settlemcnt Agrecment was requestcd. To date, counsel has not contacted this office with a rcply. 5. Rcspondent has contactcd Pctitioncr indicating that hc has no intention of paying this obligation in full as rcquircd by thc Marital Settlemcnt Agrcement. Instead, he has proposcd to repay Pctitioner in the amount of$200.00 pcr month. 6. It is clear that Respondent has no intcntion of fulfilling his obligations under the SUSAN SELLERS nlk/a SUSAN PENNINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 99-2055 KENNETH SELLERS. Dcfcndant : CIVIL ACTION - LA W : IN DIVORCE YERIEICA:rmN I, Susan M, Sellers n/kla Susan Pennington, verify that the statements made in the foregoing document arc true and corrcct 10 the best of my knowledge, infonnation and belief. 1 understand that false statements hcrcin are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: ,6-- ~ USAN PENNINGTON EXHIBIT "A" S"IUNnl A.,~ 7 (4.21.02),...,.. 5.EPARATION AND PROPERTY SETTLEMENT AGREEMENT #- . TIllS AGREEMENT, made this ~ day of -0 fY'A---' J ,2002, by and between KENNETH C. SELLERS (hereinafter referred to as "Husband") and SUSAN M, SELLERS (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, tile parties hereto are husband and wife, having been lawfully married on August 31,1968, at Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, the parties have lived separate and apart since on or about February 27, 1999; and WHEREAS, the parties are the parents of one child, Kevin Charles Sellers, who is emancipated; and WHEREAS, tile parties hereto are desirous of settling fully and fmnIly their respective fmanci31 and property rights and obligations as between each other, including without limitation, the settling of nIl matters between them relating to the ownership and equitable distribution of their real and personal property; the settling of nIl matters between them relating to past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife, and in general, the settling of any and nIl claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legnIly bound hereby, covenant and agree as follows: S'IIIUh1liNA,MmMI1 (4.2Hhwpa'" l. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apan. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each mllY reside lit such place or places liS he or she may select. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. EOUlTABLE DISTRIBUTION. A. 400 HOPI DRIVE, MECHANICS BURG. CUMBERLAND COUNTY. PENNSYLVANIA. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and nIl improvements thereupon situated at 400 Hopi Drive, Mechunicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "marital residence"). The panies agree as follows with respect to the marital residence: I. Wife shnll become the sole and exclusive owner of the marital residence and shnll be pennitted to take any action with respect thereto that she deelllS appropriate. Husband hereby waives, relinquishes and releases any and nIl past, present or future right, title, claim and interest (including the fair rental value of the marital residence which may have accrued since the parti~s' separation) he may have in and to the marital residence. Husband shall, contemporaneously with the signing of this Agreement, execute a special warranty deed conveying nIl of his right, title and interest in the marital residence to Wife. Said deed will be held in escrow by Husband's counsel until Wife's refmancing of the obligation or sale of the home. 2. Husband agrees that as of the date of execution of this Agreement, any and nIl title policies and any other policies of insurance with respect to the marital residence shall be endorsed to reflect Wife as sole owner thereof and 2 Stal..... ^-,Mlnmt 7 (..U.02).....;;d I. Husband shall become the sole and exclusive owner of said property and slUlIl be pennitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to said property. Wife shall, contemporaneously with the signing of this Agreement, execute a deed transferring nIl of her right, title and interest in said property to Husband. Said deed shall be held by Wife's counsel pending Husband's refmancing of the obligation or sale of the property. 2. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the said property shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shnll be entitled to receive any payments now or hereafter due under any such insurance policies. 3. Commencing on the execution date of this Agreement, Husband shnII be solely responsible for all costs, expenses and liabilities associated with or attributable to the subject property, including but not limited to, any mortgages, any and nIl equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indenmitied and held hannless from any liability, cost or expense, including actual attorney's fees which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the said property. Moreover, Husband shnIl, immediately upon execution of this Agreement, list the property for sale. Wife agrees to cooperate to the extent 4 S&llkmIN ^-"WUlth17 (....22.02)..,,;;;J necessary to effectuate the sale. Husband shall be entitled t.> all of the proceeds from the sale of the property and liable for aU tax consequences from the sale. If the property is not sold in six months, Husband agrees to refinance the property, thus removing Wife's name from the obligation. 4. The parties agree tins asset is valued at $9,000.00. C. FURNISHINGS AND PERSONAL PROPERTY. \. The parties agree that they have divided between themselves all of their furnishings and personal property, including but not limited to, aU furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. 2. Except as otherwise set forth herein, Wife shnII retain, as her sole and separate property, free of any and nIl right, title, claim or interest of Husband, all of the personal property and furnishings remaining in the marital residence. 3. Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, nIl of the personal property and furnishings currently in his possession. 4. Wife shall be credited with receiving furnishings with a value of $22.500.00. D. MOTOR VEHICLES. \. 1990 Yamaha Motorcvcle. The parties hereby agree that Husband shall retain possession of and receive as his sole and separate property the 1990 Yamaha motorcycle, along with all rights under any insurance policies thereon and with nIl responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and nIl right, title, claim or interest of Wife. 5 S.lll,nwnt A..tmIIII7(oI.ll-01),"l'lI' ': " and intcrmediatc fund as well as the remaining USAA fund. Wife hereby agrees to waive any right, title and interest that she may have to the above stocks und investments retained by Husbaud. Husband hereby waives any right, title and interest he may have to the USAA accounts retained by , - Wifc. Panies agree to execute any and all documelllation necessary to transfer the ownership of said items within 15 days of the execution of this Agreement. The panies agree that it is their intention to effectuate an overall division of the marital assets so that Wife receives 58% of the marital assets and Husband receives 42% of the marital assets. The Parties agree that in order to effectuate said division, the Legg Mason Preferred Account that is jointly held shnll be divided in such a manner as to provide Wife a total of 58% of the assets. To the extent possible, each stock held in this account shall be divided proportionately between the parties until such time as wife has obtained the amounts necessary to effectuate the division. Specifically, the panies shnll proportionately divide the Pftzer stock, Tyco stock and Rite-Aid stock ftrst and then " the remaining shall be divided as necessary to effectuate the division. G. BANK ACCOUNTS. The parties owned the following bank accounts: Husband: Commerce Bank checking account #0513055640 Value: $2,000 Joint: Commerce Bank checking account #0513055640 Value: $16,000 8 '~ltntffll~1(".lJ.Ol}"'J'd Wife: Commerce Bank savings account #04300 16217 Value: $400 Commerce Bank checking account #0032024846 Value: $500 Husband shall retain his bank accOWIl. Wife shall retain her bank accounts. Each party waives their right title and interest in the others accounts. The parties further acknowledge that the date of separation value of their joint checking account shall be equally divided within ten (10) days of the date of the execution of this Agreement. WifelHusband sending Wife check for $8,000.00. H. PROPERTY TO WIFE. The parties agree that Wife shall own, possess and enjoy, free of any c1aimofHusband, the property awarded to her by the terms of this Agreement. Husband hereby quit-claims, assigns and conveys to Wife all such property, and waives and relinquishes any and nIl rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. PROPERTY TO HUSBAND. The parties agree that Husband shnII own, possess and enjoy, free of any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quit-claims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shnII constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 3. AFTER ACOUlRED PROPERTY. The parties shnII hereafter own and enjoy, independently of any claim or right of the other, nIl items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full 9 .. Sdlemtnl A,toemtm 7 (4.1l.(t2).'fI'pCI 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. 4. LIABILITY HUSBAND shall reccive credit for the following payments which have been made in full: a. Line of credit $10,379 b. 1999 Income tax liability $6, 450 c. 1998 Income tax liability $7,927 Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shnII become due, and to indemnify and hold the other pany and his or her property hannless from any and nIl such debts, obligations and liabilities. S. INDEMNIFICATION OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband shall, at his sole expense, defend against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 6. INDEMNIFICATION OF HUSBAND. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife shnll, at her sole expense, defend against any such claim, action or proceeding, whether or not well-founded, and indemnify binl and his property against any damages or loss 10 S'dINNnll A,MmaN 7 (...".on....... reSulting therefrom, including but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith 7. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Unless otherwise specifically provided in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have by reason of their marriage to alimony, alimony pendente lite, spousal support and/or maintenance o~o\t~like benefits. 8. @dOUNSEL FEES. COSTS AND EXPENSES. Each party shnll be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specificnIly provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives nIl rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shnII be construed genernIly and shnII include, but not be limited to, a waiver of nIl rights provided under the laws of Pennsylvania or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specificnIly waives any and all beneficiary rights and any and nIl rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred comPensation plans, life insurance policies, annuities, stock accounts, bank accounts, fmal pay checks or any other post-death II Jltllem.1l~l("'U.02l.'Pd distribution scheme, and each pany expressly states that it is his and her intention to revoke by the terms of tllis Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shnII be deemed to be the estate of the deceased party. I \. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable disuibution of their asscts and liabilities pursuant to ~3S02 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other pany pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for nIl purposes from any and nIl rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including nIl rights and benefits under the Pennsylvania Divorce Code of ]980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and 12 " S~""NmMll/"'u.(m"'1"" only except all rights and obligations arising under tltis Agreement or for the breach of any of its provisions. Neither pany shull have any obligation 10 the oth~r not expressly set forth herein. C. Except as set forth in this Agrecmcnt, each party hcreby absolutely and unconditionally rcleases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationsltip of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any prior acts, contracts, engagements or liabilities of the other or by way of dower, curtsey, widow's or widower's rights, family exemption or similar allowllIlce, or under the intestate laws or tho: right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or nIl other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from nIl causes of action, claims, rights or demands whatsoever in law or in equity, wltich either party ever had or now has against the other. E. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 99-2055 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall proceed with the said divorce action and the parties shnII execute all documents necessary to conclude the divorce as expeditiously as possible. 13 .' S....11INfll "-__III" (4 U-O:1).'TJ 12. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DlVORCJo; DECREE. This Agreern:nt Illay be incorporated into a decree of divorce for purposes of enforoelll:1ll only, but shall not be merged into said decree. TIle parties shull have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or ill equity under tins Agreement as un independent contract. Such remedies in law or equity are specifically not waived or released. 13. MODIFICATION. No Jrodification, rescission or amendinent to this agreern:nt shnII be effective unless in writing and signed by each of the parties hereto. 14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Connnonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shallncvertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shnll bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 18. 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. 14 .' hlll....~ '(4.U.(Il)~ 19. ENTIRE AGREEMENT. Each pany acknowledges thaI he or she has carefully read this AgreemeI1l; that he: or she has dLo;cussed its provisions with an allomey of his or her own choice, and has executed it freely amI voluntarily. The parties further acknowledge: and confmn that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or ilJc:gaI agc:em:nt or agreements; and that this instrument expresses the eI1lire agreement between the panics concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. TIus Agreement should be interpreted fairly and simply, and not strictly for or aguinst either of the parties. 20. MUTUAL COOPERA TION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shnII do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these. provisions, that party shall pay to the other party nIl attorney's fees, costs, and other expenses actually incurred as a result of such failure. 21. BREACH. If either pany hereto breaches any provision hereof, the other party shnII have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party nIl costs, expenses and legal fees actunIly incurred in the enforcement of the rights of the non-breaching party. 22. DA TE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. IS :Ir, '.' W. Waynnint ...~ N K Look for UI, WI'II get \Iou there, RECEIPT Accta 3107800803 Tlr' 3002 3,454.41 204Ready Reserve Payoff TRAN' 46 ON 9/18/2002 9/18/2002 10:34:05 AN Ledser 8a lance .00 CMck and other Itoml rtctlved lor (tepo..t II. lubjKt to lhe provla'ona of It'\t Unlbrm COmmIrc!ll Cod.. C.rtaln depol"a Irt aubject to dllayaln l....lIlb1l1ty lcoordlng 10 Bank polley. 111_.....' THIS IS YOUR R!CEIPT ........ "'" VI WayP"qi,pJ Look for us, We'll get you there. RECEIPT Acct. 3107800803 TI r' 3002 40.00 901Customer Receipt TRANI 47 ON 9/18/2002 9/18/2002 10:35:11 AM Ledser Balance .00 Cheek end other items received for deposit are aubJeclto the provisions of the Uniform Commercial Code. Certain deposits are subject to delays In avai1abillty according 10 Bank policy. TEL...,. '''''''I THIS fSYOUR RECEIPT _FDIC -- C I (: to::; IJ ;:::.; ~ 'i -~ 0 , , ) {~: 1 ~. j :~ : ~~ ~j ( ,. :'.-, C""'; I ,. .. 0<:.: .. L~l J ....J ~. \' 0 ..~..~I (;;... ,.' C' 'j I , U ...J U ElltL-ttL lULl Et9t-LLOU 't'd "11H dWY.l UJWLS UXWr4 LI:tE MYl 1't' SAJNWOU't' 'J~ 'Y110Y . Y1DY1Y f2 i::.. ~~.:\ . f:1 IJ (-...1 (:: :;S.:r . , ~, ~~ L_ .~ .J 1:.\ 1 , , L L._ +... t:. L~ ;., is (''1 (_0, ,. V r.' L.> j "..,~ '1. I . i .~ ~j U .; t ; . JAN 0 2 2003V . . nt! -tlL lULl Et9t-LLOLl Y4 '111H dWY.l i31lUS UXWYW II:tE MI(1 II( SAJNWOllV 'J~ 'Yl10Y . YJDYJY ..... <"J ~ ~ .:J >-' .. ".:- LI,'~': - :,).-- ~2( '-J';:. w,., 0'- ':.: Clot a.. '7'(.. :!:;} Co',' <=> il) I,!l_ .., I, r:: , CC f7Cl.i , ~, Lu u.. ~..;_;: u,. u_ n :':5 CJ c. (,) ~~ .,., -. -~ "fAGf" . AOLfR, ".C. A"OANEVIi AT LAW 2')1 MA"KtT STRnT CAM,. HILL, rA 1101' ,4114' ,.il1t1l;r13ft.1 SUSAN SELLERS, Plaintiff v, KENNETH SELLERS, Defendant IN TIlE COURT OF COMMON PLEAS CUMBERLAND CO" I'ENNSYLV ANIA NO, 99.2055 CIVIL CIVIL AcrlON - LAW IN DIVORCE {"j C , ~l .' , 0 , <, ''- ( " .'- ;, ,. ) , , ~.; , r:- -< t., -< PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Please withdraw the Petition for Special Relief filed in the above captioned matter, Dated: 2.-1 U 1 V 7' ~:?:~:'fr.:{fZ' :>1t8:' f/n.'~');"~~I.;'.J.::tYi~::r: ~,1:'t':' ~',: ;': - ;':" :,<::: '..:.... , ~~f~~~(i'i~.1(,iC"(,7,\'';'"1';\';':'U'~:';- ,:;;;,-.;.' >,.~..~ '.~", ~;~i;:*~i~:~~*~:~~~:~~~j\;~~:.~:~-'~:~~:;"~'1";::::i'~'::'~".::;'i--:\"~~;'~,;':." ,.;., .....,., "":.'" Respectfully submitted, REAGER & ADLER, P,C, . REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 233. MARKET S1REET CAMP HILL, PENNSYLVAN'A 1701 1~642 717,763.1383 TELEFAX 717,730,7366 WEBSITE: ReaoorAdJer?C.com THEODORE A. AOLErl . DAVIO W, REAGER CHARLES e, ZALE5K' LINUS E, FENICLE DEBRA DENISON CANTOR THOMAS 0 WILLIAMS SUSAN H, CDNr A,n JOANNE HARRISON CLOUGH SUSAN J, SMITH OOUGLAS p, LEHMAN . C<<Mod CIvil TnaI SpeC\IIhlt Wnter'1 E,Mlil Addr... ddoI\lIOtlCep... nol February 6, 2003 The Honorable Edward E, Guido One Courthouse Square Carlisle, PA 17013.3387v RE: Sellers v. Sellers Docket No.: 99.2055 Dear Judge Guido: The above captioned matter is scheduled for a hearil1g before you on Wednesday, February 12, at 1:30 p.m, I am writing to advise you that the parties have resolved lhis matter, Attached hereto is a Praecipe to Withdraw the Petition for Special Relief for your records, DDC/drb