Loading...
HomeMy WebLinkAbout99-02090 # ---.-. ... t. ,,~'*.:.:..~_:..~::.o:~:"l!_'~.~.~ ~_'~":~:"~'_~~::':-_~;<<~ -;.Ht}:~-.' '>>'::;~_~_~_~~~~ ~~l!':'lI ; I: 8 IN THE COURT OF COMMON PLEAS 8 8 8 8 OF CUMBERLAND COUNTY 3 8 e :' STATE OF ~~ PENNA. : e - g e * 8 ~ ~ ~ $ S r, ~ g ~; ~ ,~ ~ ~ ~< ~ ,,~ ~ f.~ $. ~ ~; ~ ,. ;0'. H l". ;0'. ~ '..:-.z., -:+:. .:to;. -:.1' ~ .', i'i ~~ ~ " ~ ~~ .', ~ ~ ... $ 8 PATRICIA G, MARSHALL, Plaintiff i'\ (), 99-20QO CIVIL TERM ~ ~ ,.1'/"..;11..... ~ KENNETH J. MARSHALL, JR.., ~ Defendant $ .. ~ ',' .'. ~ DECREE IN DIVORCE AND NOW, " "~~. ~, , ., ,,19 ,qc:\, it is ordered and decreed that", "",' ,~~:~~,~~~, ?:, ,~,~~~~~" , . " ".,.,., ", plaintiff, KENNETH J. MARSHALL, JR. and, " , . ., " . . ,," ., . '" " . , ,. , ." . . '" . . , " . . ., . . , . """,., defendant, are divorced from the bonds of matrimony. i ',' . ~.;l .. ~ ~.; a .' * " The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; No issues are outstanding. All issues have been resolved and settled by the parties"Marriage'Settlement'Agreement'dated'May'15;'1999;'filed'of'record'and incorporated,but.not,merqed. into, this. Decree.. ,.,'.".., ".,." ",.,.,."" "',>~ "'T~l Alle.t: .. ~, Prothonotary , ~ ,,___, . _~_,_~ I ~ ~;. .~.:. -:.;. .:.:. .:+;. .:+;. .:+;. .:+:- .:+;:-.:+:.-.:.:.-.:+;: {.:.--'.i::-{;~:.:. '::+;:-{~::.-::.}-::.:. .:+:. .:.:- .:+;. '.:.i/ ~ ~ ., :; ~ :~ ~.; ~ :; ~ :.~ ~ :.' ~ '.~ ~ ~.~ ~ ~.' ~ ~.' ~ '.~ $ ~ ',' ~ ~ '.' J, I~ ~ '.' ~ ',' :;: ',' DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-0100 FAX: 17171975,0697 ." "". ". , .... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G, MARSHALL, Plaintiff v. 99.;),090 NO. S9 ~950 CIVIL TERM CIVIL ACTION - LAW DIVORCE KENNETH J. MARSHALL, JR., Defendant AGREEMENr THIS AGREEMENT made this ~y of ~- , 191} by a.nd between PATRICIA G. MARSHALL ( "WIFE" ) of 120 Ewe Road, Mechanicsburg, PA 17055 and KENNETH J. MARSHALL, JR. ("HUSBAND") of 120 Ewe Road, Mechanicsburg, PA 17055, WIT N ESE T H : WHEREAS, the parties hereto are Husband and Wife, having been married on November 12, 1977 in Baltimore, Baltimore County, Maryland, and separated on April 9, 1999, being the date of the commencement of divorce proceedings by Wife. WHEREAS, There were three (3) children born of this marriage: LAUREN P. MARSHALL born February, 18, 1980; GORDON L. MARSHALL born December 6, 1988; and GREGORY L, MARSHALL born February 2, 1993. Page 1 of 35 . 4 "'" . '" , ... WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it ia the intention of Husband and Wife to live separate and apart for the rest of their natural livea, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW I THEREFORE, in consideration of the premises and mutual promises, covenants and undertakinge ~p~einafter set forth and for other good and valuable considerat~on, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PRElIMJ:lLE! The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2 . AGREEMF.NT NOT A BAR TO DIVORCE PROCEEDINGS! This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: 1717) 737.0100 FAX: 17171 975.0697 Page 2 of 35 " ~ .", '"" . ., Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3, DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4. EFFECT OF DIVORCE DECREE: Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 5, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737.0100 FAX: (717) 975-0697 Page 3 of 35 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 ., '"\ I ~, r ", 6 . NON - MERGER. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 7, DATE OF EXECUTION: The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 8. DISTRIBUTION DATE, The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Page 4 of 35 --_._- ~ . ~ - Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. 10. FINANCIAL DISCLOBllR&L The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further acknowledge that the financial disclosure has included the disclosure of the marital assets and debts set forth on the "Marital Distribution Sheet", attached hereto, marked Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS, Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: 1717)737-0100 FAX, 17171975.0697 Page 5 of 35 ~. ---.. .. . ~ ~ Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a, The right to obtain an inventory and appraisement of all marital and separate b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. The right to hav~ the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737-0100 FAX: 17171 975,0697 Page 6 of 35 DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717)737.0100 FAX: 1717) 975.0697 ., .. " ! lite (temporary alimony), counsel fees, costs and expenses. 12, BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right and option to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 13 , SOCIAl. SRCURITY BENEFITS! The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 14, INCOME TAX MATTERs..:. With respect to income tax matters regarding the parties the following shall apply: a. Prior Return,,: The parties have heretofore filed joint federal and state returns, Both parties agree thO'.t in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax Page 7 of 35 DIANE G, RADCLIFF 3448 TRINOlE ROAD CAMP Hill, PA 17011 PHONE: (717) 737.0100 FAX: (7171975,0697 . t/ ~ . " " . is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. b. Deppnnf'nr.y Rxempt ; nnR: Subj ect to the rules and regulations of the Internal Revenue Service, Wife shall be entitled to claim the dependency exemption for the parties' children, LAUREN P. MARSHALL born February, 18, 1980; GORDON L. lolARSHALL born December 6, 1988; and GREGORY L, MARSHALL born February 2, 1993, on her applicable tax returns. 15, PERSONAL RIGHTS, Husband and Wife may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Page 8 of 35 I I I , I DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737,0100 FAX: (717) 975.0697 '" .' , . . 16. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; 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 (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth or Territory of the United States, or (c) any other country; or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of Page 9 of 35 'c .. . "" : whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 17, WArVER OR MOnrFrCATrON TO BE rN WRrTrNG, No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUA!, COOPERATroN, Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. AGREEMENT BrNnrNG ON HErRS, This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 Page 10 of 35 . ~ .. I DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975,0697 , 20, INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21, OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all wri t ten instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 22, NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 23, BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other Page 11 of 35 ., . , i DIANE G, RADCLIFF 3448 TRINDLE ROAO CAMP HILL, PA 17011 PHONE: 1717) 737-0100 FAX: 1717) 975.0697 " party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alr.ernative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a, The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b, The right to enforce the terms of this Agreement as a marital agreement as provided in the divorce code, through an enforcement action, contempt proceedings or otherwise, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for enforcement or contempt. c. The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. d. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa, C.S.A. 3502 (e) , and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. e, Any other remedies provided for in law or in equity. Page 12 of 35 " . ~ : 24. LAW OF PENNSYLVANrA APPLrCARLE, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 25, SEVERARrr,ITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that te~m, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. FrNAL F.OUITABLF. nrSTRrBUTrON OF PROPERTY: The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide e,nd distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts, It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737.0100 FAX: (717) 975-0697 Page 13 of 35 . . ~ 27. WAIVER OP INHERITJWCJU Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and cl~im, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. PERSONAL PROPERTY, 28, HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, to the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter WIFE agrees that all of the Personal Property in the possession ~f HUSBAND shall be the sole and separate property of HUSBAND; and HUSBAND agrees that all of the Personal Property in the possession of WIFE shall be the sole and separate property of WIFE. 29, AFTER-ACOUIRED PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since April 9, 1999, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said DIANE G. RADCLIFF 3448 TRINOLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737.0100 FAX: (717) 975.0697 Page 14 of 35 ., . DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737.0100 FAX: (717) 075.0697 f after acquired property of the other party pursuant to the terms of this Paragraph. 30, VEHICLElI..-lI~HL.LIXJU With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, identified and values on Exhibit "An. incorporated by reference hereto, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. 1993 Ford Aero Star Van shall be the sole and separate property of Wife, b. 1986 Dodge Ram Pick Up Truck shall be the sole and separate property of Husband. c. Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. d, The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. e. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise, f. In the event encumbrance the property shall any Vehicle is subj ect to a lien or party receiving the Vehicle as his or her take it subject to said lien and/or Page 15 of 35 '",-.,.,.' DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: 1717) 975.0697 . , ~ encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. g. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 31, RF.~L EST~TEI The parties are the owners of a certain tract of improved real estate known and numbered as 120 Ewe Road, Mechanicsburg, PA ("the Real Estate" ) having an approximate value of $180,000.00 and which is encumbered with a mortgage owed to PNC having an approximate balance of $65,700.00 ("the Mortgage"). With respect to the Real Estate and the Mortgage the parties agree as follows: a. Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of her right, title and interest in and to the Real Estate, and Husband specifically waives, releases, renounces and forever abandons all his right, title and interest therein. The deed of conveyance therefore shall be executed by Husband at the signing of this agreement and held in escrow by Wife's attorney'S pending the refinance or sale as set forth in subparagraph c. below, at which time the deed shall be delivered to Wife for recordation. b. The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the Mortgage and further shall be under and subject to any covenants and restrictions of record. Page 16 of 35 c. Wife shall hereinafter be solely responsible for the payment of the Mortgage and shall indemnify, protect and oave Husband harmless therefrom. d. Husband shall vacate the Real Estate and remove all of his items of personalty therefrom no later than May 14, 1999. 32. RETIREMENT. PENSION PT.r.N~ AND TAX DEFERRED ACCOUNTS I With respect to any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred SaVings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Retirement Plans"), the parties agree as follows: a. Except as hereafter provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in the Retirement Plans of the other party. Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. b. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. c. The foregoing notwithstanding, Wife shall receive as her sole and separate property the amount of $6,065.98 of and from Husband's Teamster's Retirement Plan. This amount DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737,0100 FAX: (717) 975,0697 Page 17 of 35 i I I I j ) ,I DIANE G. RADCLIFF 3448 TRINOLE ROAD CAMP HILL, PA 17011 PHONE: 1717) 737.0100 FAX: (717) 975.0897 ~ shall be paid to her by way of a tax free rollover of retirement benefits from the Teamster's Retirement plan into an IRA account to be established by Wife pursuant to a mutually agreeable Qualified Domestic Relationa Order (QDRO) to be entered in the above captioned divorce action. d. The parties acknowledge that Husband has previously liquidated his Teamster's ESOP plan and Wite has received fifty (50%) percent of the value thereof. The parties hereby reaffirm said division and agree that Husband and Wife shall each pay fifty (50%) percent of any and all taxes arising as the result of that liquidation and each party shall indemnify, protect and hold the other harmless from that party's fifty (50%) percent share. If allowable under the law, each party shall report his or her fifty (50%) percent share on his or her applicable tax returns and shall pay the taxes associated with that reporting. If Wife is not permitted to report her share on her tax returns, they Husband shall report both shares on his tax return and Wife shall then reimburse or pay him fifty (50%) percent of the tax resulting from the reporting of both shares. The amount of the tax shall be determined by subtracting from the amount of the tax that is due based on the inclusion of both shares of the ESOP distribution on Husband's tax return minus the amount of the tax that would be due if the ESOP distribution reporting of boch shares had not been included on that tax return. Wife's share of that tax shall be fifty (50%) percent of the difference between the two tax calculations. That amount shall be determined by Husband's accountant in accordance with the foregoing and notification of the amount shall be provided by that accountant to both parties. Page 18 of 35 . , ~ 33, BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 34. WIFE'S DEBTS: Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. I ! DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737-0100 FAX: (7171975-0697 Page 19 of 35 .1 , DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717) 737-0100 FAX' (717) 975,0697 , . ~ 3.5... HUSBAND' S DEBTS " Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her eatate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 36, MARITAL DEBT, During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, identified and valued on Exhibit "A", incorporated by reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: a. Wife shall be solely responsible for the following bills and debts: 1. 50% of the joint PNC Visa credit card obligation having a total approximate balance as of the date of separation in the amount of $1,000.00; 2. Any vehicle loan for Wife's Vehicles as required by and set forth in Paragraph 30 herein. 3. The Mortgage and the cost of the refinance of the Mortgage as required by and set forth in Paragraph 31 herein; Page 20 of 35 . . 4. Any and all taxes resulting from the aale of the Real Estate, if any, as required by and aet forth in Paragraph 31 herein; 5. Any and all funds from required by taxes resulting from her withdrawal of her Retirement Plans, if any, as and set forth in Paragraph 32 herein; 6. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. b. Husband shall be solely responsible for the following bills and debts: 1. 50% of the joint PNC Visa credit card obligation having a total approximate balance as of the date of separation in the amount of $1,000.00; 2. Any vehicle loan for Husband's Vehicles as required by and set forth in Paragraph 30 herein; 3. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans, if any, as required by and set forth in Paragraph 32 herein; 4. Any and all taxes resulting from the previous liquidation and equal division of Husband's Teamster's ESOP plan as required by and set forth in Paragraph 32 herein. 5. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. DIANE G. RADCLIFF 3448 TRINDLE RDAD CAMP HILL, PA 17011 PHONE: 1717) 737.0100 FAX: 17171975.0697 Page 21 of 35 . . ~ c, Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. e. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. f. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for or result in joint liability. g. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty days of the date of this Agreement so as to release the other party from any and all liability thereunder. 37. INDEMNIFICATION: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees DIANE G, RADCLIFF 3448 TAINDLE ROAD CAMP HILL, PA 17011 PHONE: {717j737.0100 FAX: 17171 975,0697 Page 22 of 35 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737.0100 FAX: 17171 975.0697 " and costo incurred by the other party as the result of defending againot the obligation and/or enforcing the provioiono of thio indemnification, 38. ALIMONY. SPOUSAL SUPPO~ANJL..c:Os:rB.t With respect to any obligation to payor right to receive payment of alimony, alimony pendente lite, spousal support, maintenance, counsel fees, costs and expenses, the parties agree as follows: a. Except as hereafter provided, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees, costs and expenses. b. The foregoing notwi thstanding the parties agree that Husband shall pay Wife alimony in accordance with the following terms and conditions: 1. Commencing with the execution of this Agreement Husband shall pay Wife alimony at the rate and in the amount of $200.00 per month. 2. The alimony payments shall be paid on the 18t day of each month for the month in advance, with the exception of the 18t payment which shall be paid upon the execution of this Agreement and which 18t payment shall be prorated for the partial beginning month at the rate of $6.58 per day for each day of the partial month. 3. The alimony payments earliest occurrence of continue until the the following events: shall any of A. The death of either party; Page 23 of 35 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717)737.0100 FAX: (717)975.0697 . , '. 39, CUSTODY, With respect to the legal and physical custody of the pl1rtics' minor childnm, GORDON L. MARSHALL born December 6, 1988, and GREGORY L, MARSHALL born February 2, 1993 ("the Minor Children"), the parties agree as follows: a. The parties shall share and have joint legal custody of the Minor Children. Each party shall be entitled to participate, jointly with the other party, in all major non-emergency decisions affecting the Minor Children's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: 1. Each party shall be entitled to access to all information, documentation, papers, and entities regarding the Minor Children informed decisions can be made. any and persons so that 2. Non-major decisions involving the Minor Children's day to day living shall be made by the party then having custody, but to the extent possible, the parties shall attempt to make such rules and follow such schedules as would provide the Minor Children with continuity, regardless of the party with whom they are then residing, 3. Emergency decisions regarding the Minor Children shall be made by the party then having physical custody, but that party shall communicate to the other party the nature and extent of the emergency and shall provide that other party with all information pertaining to the treatment so that the other party may be involved in the decision making process at the earliest possible time. Page 25 of 35 . , '. 4 . Neither party shall make any derogatory comments about the other party in the presence of the Minor Children and to the extent possible shall prevent third pllrtieo from making any such comments in the presence of the Minor Children. Further, neither party shall discuss any aspect of the custodial situation with the Minor Children and shall not utilize the Minor Children for purposes of conveying information or inquiries pertaining to the Minor Children to the other party. 5. Both parties shall be afforded reasonable telephone contact with the Minor Children while in the other party's custody. b. Wife shall have primary custody of the Minor Children, subject to Husband's liberal and reasonable rights of partial custody at such times as the parties shall mutually agree. 40, CHILD SUPPORT, Husband agrees to pay Wife child support for the support of the parties' two (2) minor children, GORDON L. MARSHALL born December 6, 1988; and GREGORY L, MARSHALL born February 2, 1993, under the following terms and conditions: a. The child support shall be $844.00 per month, payable weekly in the amount of $194.77 per week for the week in advance commencing on Saturday, May 15, 1999. b. The monthly child support shall be allocated equally between the Minor Children, c. The amount of child support allocated to each of the Minor Children shall terminate upon that child reaching age 18 or graduating from high school, which ever shall last occur at which time the support for the remaining DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP HilL, PA 17011 PHONE: 17171737.0100 FAX: 17171975,0697 Page 26 of 35 . . Minor Child, if any, shall be adjusted in accordance with the then existing state support guidelines. d. The child support shall be subject to modification based on a substantial change in circumstanceD. e. The child support shall be paid by Husband to Wife through the Cumberland County Domestic Relations Office pursuant to the support order to be entered through that office by this consent of the parties, the parties specifically authorizing the Court and that Office to enter an order in accordance with the provisions set forth herein. That order shall include the requirement to provide health insurance coverage and the percentage sharing of medical expenses set forth in the following Paragraph. The Order shall further provide for the attachment of Husband's wages, the parties specifically authorizing that attachment of Husband's wages for the payment of the child support set forth herein. 41. HEALTH INSURANCE AND EXPENSES, With regard to health insurance and medical expenses, the parties agree as follows: a. Wife shall be entitles to COBRA medical insurance coverage through Husband's employment or through his union at group rates as provided for under Federal law. Wife shall pay all premium costs for such coverage. Husband shall provide Wife with all documents and shall cooperate with Wife so as to facilitate her election under coverage under Cobra. b. Husband shall continue to provide the current health insurance coverage (medical, dental, optical and the like) for the parties' children, or the equivalent thereof, as long as it is available to him through his employment or union at a reasonable cost for the parties and as long as the Children, or any of them, that remain DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717)737'0100 FAX: (717)975-0897 Page 27 of 35 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737,0100 FAX: 1717) 975,0697 . , '. eligible under that policy. If the cost for such insurance shall become unreasonable, then the parties shall be required to contribute to the payment of that portion of the health insurance costs that represents the unreasonable part of that costs, which contribution shall be made seventy (70%) percent by Husband and thirty (30%) percent by Wife. c. The parties shall share the medical, dental, optical, orthodonture and psychological expenses not covered by insurance for the Minor Children during minority. Husband shall pay seventy (70%) percent of any such expenses and Wife shall pay thirty (30%) of any such expenses as they are incurred. If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then the payment shall be made by each party and when the insurance payment is received it shall be divided between the parties in accordance with the percentages set forth above. d. Any party having the insurance coverage on the children shall be required to provide the other party with all , ,. documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 42. EDUCATIONAL F.XPENSES, With respect to the post-secondary educational costs for the Minor Children, the parties agree as follows: a. The parties shall share and contribute to the post- secondary educational expenses of the Minor Children for Page 28 of 35 . , . . undergraduate college technical training. and/or post-secondary vocational or b. The costs and expenses to be shared shall include, but not be limited to, the expenses therefor incurred for tuition, room and board, books, educational fees and the like less the amount of any scholarships and grants ("the Educational Costs"). c. The sharing of the Educational Costs shall be in proportionate based on the parties' respective net incomes existing as of the date the Educational Costs are incurred. The term net income shall be deemed to be the difference of the parties gross incomes from any source minus all applicable required and mandatory taxes, retirement, union dues and other withholdings and shall not include as part thereof any deduction for voluntary withholdings or deductions. d. The parties will consult with each other as to the educational institution to be selected for the Minor Children and the expenses to be incurred for Educational Costs before the institution is selected and/or the Educational Costs are incurred. e. Husband shall not be required to contribute to the educational costs of the parties daughter, LAUREN P. MARSHALL. 43, 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. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717)737-0100 FAX: (717) 975,0697 Page 29 of 35 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717) 737,0100 FAX: 17171975-0697 . . . , EXHIBIT "A" MARITAL DISTRIBUTION SHEET LISTING, VALUATZON AND DISTRIBUTION OF MARITAL ASSBTS AND LIABILZTIES ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY' 1, REAL ESTATE 120 EWE RD 180,000.00 180,000.00 MECHANICSBURG, PA 2. MOTOR VEHICLES 1993 FORD AERO UNKNOWN ENTIRE VALUE STAR VAN (W) 1986 DODGE RAM UNKNOWN ENTIRE PICK UP TRUCK VALUE STOCKS & SECURITIES JUST CHILDREN'S N/A SAVINGS BONDS 4. CERTIFICATES OF DEPOSIT . PNC CERTIFICATE 2,000.00 1,000.00 1,000.00 divided equally 5. CHECKING ACCOUNTS AND CASH . PNC CHECKING 1,200.00 600.00 600.00 divided equally 6. SAVINGS ACCOUNTS, MONEY MARKET, AND SAVINGS . CERTIFICATES . PNC SAVINGS 6,500,00 3,250,00 3,250.00 divided equally Page 32 of 35 DIANE G, RAOCLlFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737,0100 FAX: 17171975,0697 , , , LISTING. VALUATION AND DISTRIBUTION OF MARITAL ASSETS AND LIABILITIES ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO, PROPERTY OR HUSBAND WIPE LIABILITY 7. CONTENTS OF SAFETY DEPOSIT BOXES NONE KNOWN 8. TRUSTS NONE KNOWN 9. LIFE INSURANCE POLICIES WIFE'S STATE FARM 3,836.26 3,836.26 INSURANCE POLICY HUSBAND'S STATE 2,984.18 2,984.18 FARM INSURANCE POLICY HUSBAND'S PAID UP 6,494.07 6,494.07 STATE FARM INSURANCE POLICY 10. ANNUITIES NONE KNOWN 13. PATENTS. COPYRIGHTS. INVENTIONS & ROYALTIES NONE KNOWN 14. PERSONAL PROPERTY OUTSIDE HOME NONE KNOWN 15. BUSINESSES: NONE KNOWN 16. EMPLOYMENT TERMINATION BENEFITS NONE KNOWN Page 33 of 35 DIANE G. RAOClIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 17171 737,0100 FAX: (717) 975-0697 . . . LISTING, VALUATION AND DISTRIBUTION OF MARITAL ASSETS AND LIABILITIES ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 17. PROFIT SHARING PLANS HUSBAND'S ESOP 1,407,34 703.67 703.67 PLAN to be divided equally 18. PENSION PLANS WIFE'S PNC 3,860.79 3,860.79 PENSION HUSBAND'S UNKNOWN ENTIRE TEAMSTERS PRE VALUE 1986 PENSION 32.06 PER MONTH AT NORMAL RETIREMENT AGE 19. RETIREMENT PLANS . AND IRA ACCOUNTS HUSBAND'S 401K MINIMAL ENTIRE PLAN VALUE HUSBAND'S 127,857.71 127,857.71 TEAMSTER'S RETIREMENT INCOME PLAN 4/16/99 20. DISABILITY PAYMENTS , NONE KNOWN 2l. LITIGATION CLAIMS NONE KNOWN 22. MILITARY/VA BENEFITS NONE KNOWN Page 34 of 35 DIANE G. RAOCLlFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: 1717) 737,0100 FAX: 1717)975,0697 . . . LISTING. VALUATION AND DISTRIBUTION OF MARITAL ASSETS AND LIABILITIES ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO, PROPERTY OR HUSBAND WIFE LIABILITY 23. EDUCATION BENEFITS NONE KNOWN 24. DEBTS DUE INCLUDING LOANS AND MORTGAGES HELD NONE KNOWN 25. HOUSEHOLD GOODS AND FURNISHINGS TO BE DIVIDED 26. OTHER ASSETS NONE KNOWN 27. MORTGAGES PNC (65,700.00) (65,700.00) 28. LOANS HUSBAND'S STATE (3,206.96) (3,206,96) FARM INSURANCE LOAN 29. CREDIT CARDS PNC VISA (JT) (2,000,00) (1,000.00) (1,000,00) 30. OTHER DEBTS NONE KNOWN TOTAL 265,233,39 138,682.67 126,550.72 50% OF TOTAL 132,616.70 132,616,70 132,616.70 ADJUSTMENT (6,065,98) 6,065,98 NECESSARY FOR EQUAL DIVISION OF MARITAL ASSETS AND LIABILITIES Page 35 of 35 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " PATRICIA G. MARSHALL, Plaintiff Q NO. 99-2010 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. KENNETH J, MARSHALL, JR., Defendant PRABCIPB OP TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce. Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date a. b. c. of filing and manner of eervice of Date of filing of Complaint: Manner of service of Complaint: Date of Service of Complaint: April the cOlllplaint. April 9, 1999 Acceptance of 13, 1999 Service eigned by Defendant 3. Date of execution of the affidavit of con.ant reQUired by Section 3301 (c) of the Divorce Code. a. Plaintiff: July 21, 1999 b. Defendant: August 27, 1999 Date Code a. b. c. l1B of execution of the Plaintiff'. affidavit reQUired by Section 3301(d) of the Divorce and date of .ervice of the Plaintiff'. 3301 (d) affidavit upon the Defendant. Date of execution: N/A Date of filing: N/A Date of service: N/A 4. Related Claims pending. No iesuee are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the partiee dated May 15, 1999 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and lIllUlDer of .ervice of the Notice of Intention to file Praecipe to Transmit Record, a copy of which i8 attached, if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code. a. Date of Service: N/A b. Manner of Service: N/A Date a. b. l1B Waiver of Notice in Section 3301(c) Divorce Plaintiff's Waiver: July 26, 1999 Defendant's Waiver: September 3, 1999 wa. filed with the Prothonotary. DIANE G, RAe 448 Trindle Road A 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ( '. ,~"',,, ",; '- ul -- C- <" E-, , .-=-,- .., ,- iD ..~) ~": l!~C: 'o. t ,... .- -,/, t::'\ . - - '.. ,t':( ..~ .......:j C)C. ..~- rS.:. co') '(/1 I L-': ~~-~ \, .'/ C-- .ii;,j LI... .. Lei ~:,l~- ," . Ul ... en ::; 0 0' 0 ., .' """;j; ~;.~'7',"'" DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MARSHALL, Plaintiff v. NO . ~ '9 ..) O'lo {3;,.J "..L-- CIVIL ACTION - LAW DIVORCE KENNETH J. MARSHALL, JR., Defendant COMPLAINT AND NOW, this ~day of April, 1999, comes the Plaintiff, PATRICIA G. MARSHALL, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I, DIVORCE 1. The Plaintiff is PATRICIA G. MARSHALL, an adult individual residing at 120 Ewe Road, Mechanicsburg, PA 17055. 2, The Defendant is KENNETH J. MARSHALL, JR., an adult individual residing at 120 Ewe Road, Mechanicsburg, PA 17055. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 12, 1977 at Baltimore, Baltimore County, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. .2- " 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avera that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through B are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from November 12, 1977 until the date of separation, all of which are "marital property" or "marital debts". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". DIANE G, RADCLIFF 3448 TRINDlE ROAO CAMP Hill, PA 17011 (7171737-0100 .3. DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717) 737.0100 . . 't 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III, ALIMONY PRNDENTE LITE. ALIMONY 13. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. .4. ~ . ::l ..ro ... ...:f' '- 01<) (, fr; v, f; 'C .- W ' , c~ ~ '"""tl "r.. .r ( ',' '.. ~ .; :'." <:'1) r ' .., ..;: ~:. I;.; ,\1 C' ."1" iii. , ~ - r!(l ( , tll Ji~ 0 .1.... (. ..... -, ,'I(l.. ,.. .. "(\ ..... (n ) 0 o. () ~ I.'t- I"- ~ ~~ .. - ~~1~ gjr .;'" < = <.!fc.. >0"'...: o ~-l!::: ,,1-:1: lol ~.. '" ~<h e:i U ,;;1.,'<....,..- ....,.-.''"':'~~~~ >- c:, g~ >- l:'~ C ~; IJ f-~ N -j '.-. (', ,:"': i1~ , - " rji lL. 7 t ! C. 'r> ~~~ I ~ . : ' Q!l,: c: .._Iiii .1.. C.!.. " ..~~.: :! ~ ci. l::, m ':.; G'I U '- .,~._....'....,..~-- .... ;.- ir, N ;w~ -, ,. S~ ~) ..... lJ ,(-, ).'; (; , .J;'1' "'-" ~~ !~;; '.0 .',; {'::' ~ '1_. , c" '" :i?Q _:i I (,- ,..!o.. f ''S 1.1.. en (j "" 0 ~.- ~. , (1, ".. C' / -.L :'-;a.( I.. lJ!r'" _.- \ .-,- (.~( :_~l ::'t: f~_ .- c.:..;; .:!~ .,. I.-J;' ,0 ~;n , ' C)' N 1!:,; L.:t. , '-:ii1 U~L' =i ,:;'~LJ... I' , v. G"'l ~j 0 C"\ U '>- .. (~ (...4, - C.: , ~. -' :-', '-:> , , . .' i. .' '- . , , ::-l I ,,' C' , I C~ I. V. " c:-' t':> l.) ~p .' . . f-; , ) I " ,. t, V' I 1"-' .1 '. , V' :..> Jn~ -'1",- ~.!!~ ,. l! . d ~i=~ w ~ CIO Co ~<~a Q .- ;;; -1'1 v. .,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -'t PATRICIA G, MARSHALL, Plaintiff NO, 99-2010 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE t~ r- .0 V. KENNETH J. MARSHALL, JR" Defendant CERTIFICATION Oli' SOCIAL SECURITY NUMBERS In accordance with the Rules of Civil Procedure, I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, hereby certify that the social security numbers of the parties are as follows: 1. Plaintiff: 218-68-9980 2. Defendant: 218-70-9486 , d , P A 17011 Court 10 # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff ,- ..:r ('i; ,..... -c ,.-- <i:; .').< ~~F - .;;.:;.: .~ ~1_ l::.j ()~ . '- r':-li: l") ;0 t.'. I .,...< 2~: C>. ;j,Ci U; .~~O_ r:- 'J> " "" ::; CO G' 0 ~ , Payee's IRA Account 1100218689980 with PNC Bank so as to effectuate a tax free rollover of retirement benefits between spouses or former spouses pursuant to an order for equitable distribution of marital property as permitted by the rules and regulations of the Internal Revenue Code. 7. If the aforesaid transfer is not permitted under the Plan, then the Alternate Payee's distributive share herein provided shall be held in a segregated account for her by the Plan Administrator/Trustee and distributed to her togther with all earnings thereon, when she becomes eligible for that distribution under the terms of the Plan. 8. The Plan Participant shall be entitled to all other retirement benefits remaining after the payment to the Alternate Payee of her distributive share set forth above. 9. In the event the Alternate Payee shall predecease the Plan Participant, any sums due the Alternate Payee hereunder shall be paid instead to her personal representative or heirs. 10. The Plan Participant and the Alternate Payee shall each be required to pay any and all taxes associated with the payment and receipt of his or her portion of the retirement benefits and shall be subject to all applicable withholding taxes,