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HomeMy WebLinkAbout99-04407h1@ it u Q? 1 h L u M,, r 11? r 1 V O . 10V M. IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF rid. PENNA. _..Anne. P...Alger. .... ......... _.Plaintiff Versus Kim S. Alger _Defendant .. No.:99-4407 Civil Action- LAW In Divorce DECREE I N A PA I V0RCIn r" ... ......19..1.. , it is ordered and AND NOW A'44..W' - decreed that ..AnneR,A.t,ger .................................. plaintiff, and ...........Kim S. Alger ............................... . defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; i! i y i i? y The terms of the Marital Settlement Agreement •between.... Plaintiff and Defendant, are. hereby,,incorporated,,, ,but, •nqt• ,merged , into this final Decree of Divorce. o y r 1 J ttest 1 _ - o -- Pro onotary f((J) :.IS. 4r. rj • •Y • tt • GS iE^:?} :?} :? • :?: <?:• <?> •;?:• •;?:• •;?:• •;e:• •:ti {O _ {t ? <?:{ti ?.e .? A /a L)3 r Alger.wps THIS AGREEMENT, made this day of S Ff7- 1999, by and between Kim S. Alger, hereinafter called "Husband" social security number 306-60-7569, and Anne P. Alger, hereinafter called "Wife" social security number 191-46-3774. WHEREAS, Husband and Wife were lawfully married on April 25, 1986, in Perry County, Pennsylvania; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as lie or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and control by the other, as fully as if lie or she were single and unmarried, except as may be necessary to carry out the have read and UhderStahd this page. K.S.A. -A.P.A. N* 4 L • 4 Alget.wps provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Neither party shall say or do anything to negatively influence or alienate the minor children from the other parent. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife filed to Cumberland County Court of Common Pleas, Pennsylvania, Docket Number 99-4407 Civil Term, a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania Divorce Code. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Upon request by Wife but not before the expiration of ninety (90) days from the date upon which Husband was served by certified mail with said divorce complaint (July 26, 1999), Husband agrees that he shall execute his respective Affidavit of Consent and Waiver of Notice for the purpose of proceeding with entering same to said docket. Each party shall execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. I have teed and understand this page. KS.A. ?? A.P.A. AP IT ' Algermps Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consent and agree that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. 4. WAIVER OF SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE, COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in the divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Nevertheless, Husband and Wife acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of ter, I have read and understand this liege. K.S.A. ?? P.A. Alger.wps any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 5. EQUITABLE DISTRIBUTION: A. REA1. ESIAT : 108 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025 Husband and Wife are owners as tenants by the entireties of 108 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025, referred to herein as either the "premise" or "marital residence". Husband hereby conveys unto Wife all of Husband's right, title and interest thereto and shall execute upon request a transfer Deed reflecting his relinquishment, waiver and abandonment forever. Provided however that such transfer is in consideration of Wife's continuing obligation to be solely responsible for all debts associated with the property, including but not limited to the first mortgage held by Mellon Mortgage, account number 5803029478 with an approximate present balance of $44,256.87, and the equity line held by PSECU, account number 0306607569 with an approximate present balance of $11,176.74 and all interest and late fees associated with said mortgages and all other outstanding monthly charges at the time of execution hereof including but not limited to all taxes, insurance(s), utilities, municipal charges, and costs/expenses/fees. Wife shall indemnify and hold Husband harmless for all outstanding indebtedness on the premise as defined herein. It is agreed and understood that Wife shall refinance the existing first and second mortgages on the premise identified herein within ninety (90) days from the date of execution hereof. It is acknowledged and agreed by the parties that the premise has an approximate market value of $124,000.00. After deducting the first and second mortgages and jointly incurred credit card debt at the time of the filing of the complaint in divorce to docket number 1999-04407 (filed on July 21, 1999), the net equity shall be I have read and understand this page. Q-A-2b' A.P.A. 1*6 f Alger.wps divided in half and Wife shall pay to Husband upon refinancing his one-half interest therein. Husband warrants that there are no liens or encumbrances against the premise, with the exception of those so identified hereinabove. In the event Husband has failed to disclose a lien or encumbrance in violation of this paragraph, he shall immediately take all necessary steps in order to remove any such lien, judgment or encumbrance against the aforesaid premises and shall indemnify and hold Wife harmless with respect thereto. Husband shall be responsible to and pay Wife for any costs or expenses, including attorneys' fees, penalties or any other expense of whatever nature, whether direct or indirect incurred by Wife as a result of Husband's failure to remove said liens or encumbrances at any default in payment thereon. Wife's obligation to be solely responsible for all debts associated with the premise shall commence upon the execution of this agreement provided Husband no longer resides in the premise. So long as Husband resides in the premise regardless of whether it is prior to or subsequent to the execution of this agreement, Husband shall share equally with Wife all expenses associated therewith including but not limited to the first and second mortgages, utilities, taxes, maintenance fees, etc. B. DISPOSITION OF AND WAIVER (1R PERSONAL 1) MARITAL TANGIBLE A INTANGIBLE ASSETS AND 2) NON-MARITAL. T N GIRLS AND INTAN GIR ASSETS: I Distribution and Waiver: With the exception of the PSECU Sl, S2, S3 and S4 accounts and the NCFCU savings account which shall be divided equally between Husband and Wife upon the execution of this agreement using the then current balances, Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, partnership(s), inheritance(s), jewelry, clothing, Wife's and Husband's respective Commonwealth of I have tead and undetstand this page. K.S.A. ?; A.P.A. Mv t' Algetmps Pennsylvania pensions, retirement accounts, and deferred compensation accounts, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse shall be that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. Attached hereto as Exhibit A is an itemized list of household furnishings. Husband and Wife do hereby acknowledge that such list properly reflects the distribution of such property and each party does hereby waive and forever relinquish any and all right, title and interest he or she may have to the other's. 2. Life Insurance Policies: Husband shall maintain his $200,000.00 whole life insurance policy through the United States Military naming the parties' two (2) daughters, Madeleine (D.O.B. 12/6/88) and Leighanne (D.O.B. 7/19/90) as the beneficiaries until each child reaches the age of twenty five (25) years old. Upon Madeleine reaching 25, Husband may reduce said policy to $100,000.00 naming Leighanne as the sole beneficiary. Wife shall be entitled to receive copies of documentation from either Husband or Husband's insurer which evidences Husband's life insurance policy as defined herein being in full force and effect. Wife shall be entitled to such upon request but such request shall not be asserted more than two (2) times in any one (1) calendar year. Husband and Wife do hereby agree that each shall maintain their respective employer provided life insurance policies so long as such is provided at no cost or a reasonable cost, naming their children as the sole beneficiaries thereon until each child reaches the age of eighteen (18). I have tend and undetstnnd this page. K.S.A. A6A.P.A. Oft Algetmps Husband and Wife shall retain their respective Global Life Insurance Policies, each waiving any and all right, title and interest he or she may have therein. C. AUTOMOBII U: The parties agree that Wife shall become the owner of the 1990 Volvo station-wagon automobile which is titled jointly. Husband does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle and shall upon execution of this agreement further execute any and all necessary documents transferring his interest to said vehicle to Wife. The parties agree that Husband had possession of a 1998 Dodge Ram pickup truck which he traded for a 1999 Chrysler Concorde. Said vehicle is titled in Husband's name and the debt(s) associated therewith are also in Husband's name solely. Wife does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle. If the title to the said vehicle is encumbered by any debt or obligation, Husband agrees that he shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to make payment of such debt. D. S FRIFS FF BONDS: Husband and Wife do hereby acknowledge that there are approximately $15,000.00 in series EE savings bonds ear-marked for their daughters education. Husband and Wife do hereby agree that Wife shall remain custodian of such bonds and shall apply them to such education. Husband may request an inventory of such bonds at the time of execution hereof and Wife shall provide such to Husband within thirty (30) days of such request. icr E. IIN.TENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person I have tend and understand this page. K.S.A. A.P.A. Ar? , Alger.wps having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefor to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns, bank account ownership forms and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. I have read and understand this page. KS.A. ??.P.A. APA Algetmps The parties acknowledge that Husband intends to purchase/rent to own a new property in Westwood Village. Husband does hereby agree to indemnify and hold Wife harmless in all respects. In the event Husband requests Wife to execute a spousal waiver relative to Husband's purchase, Wife shall cooperate in executing any and all such documents. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, I have read and understand this page. K.S.A. ? q,p,A. Alget.wps counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have made a complete and accurate disclosure to each other of all assets that he or she owns and have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or I have tend and understand this page. K.S.A. A.P.A. AVA Alger.wps estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 10. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. I have teed end understand this page. KS.A. ?'?A.P.A. APA Algetmps 11. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 12. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that lie or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 13. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. I have read and undersiand this page. K.S.A,,?`- A.P.A. Alger.wps 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 15. MODIFICATION AND WAIVER: Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. VOID CLAUSES: If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. I have NO and understand this page. K.S.A. A.P.A. Alger.wps 20. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Kim S. Alger /" ? Anne P. Alger I have reed and understand this page. K.2.426: A.P.A. - Alget.wps Commonwealth of Pennsylvania ss. COUNTY OF On this, the T day of 1991, before me, a Notary Public, personally appeared Kim S. Alger, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLI Nel My Commission Expires: Commonwealth of Pennsylvania ry publle MembeMy CCounry aue. t2, eaCl8lbrl of NOlenee ss. COUNTY OF On this, the _ day of 199, before me, a Notary Public, personally appeared Anne P. Alger, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. fi :v IN WITNESS WHEREOF, I hereunto set my hand and official seal. s? f?1 .Y? NOTARY PUBLIC My Commission Expires: ' I have tend and understand this page. K&A.i'" : A.RA. /Q DIVISION OF MARITAL PROPERTY Husband. Kim Living Room: Leather Sectional Floor Lamp RCA Color TV, stand, VCR Wife, Anne Living Room: Glass Tables Table Lamp Family Room: Oak Server Computer w/desk' Table Lamp Dining Room: Table, six chairs, buffet Bedroom: Patio: Table, 4 chairs, umbrella Kitchen: Dishes, flatware, pots and pans General: Equal distributionz Family Room: Sectional Computer w/desk Dining Room: Baker's Rack Bedroom: Bed, two dressers Patio: Table, 5 chairs, umbrella Kitchen: T-Fal set General: Purchased by both parties. Z Parties are equally dividing garden tools, household tools, linens, small appliances and other sundries. Attachment A Husband, Kim S. Alger, agrees to reimburse wife, Anne S. Alger, the amount of $1,600 for costs and expenses incurred in the purchase of townhouse located at AMENDMENT TO MARITAL SETTEMENT AGREEMENT This Amendment, made this day of Lel &-1999, by and between Kim S. Alger, hereinafter called "Husband" and Anne S. Alger, hereinafter called "Wife"'. WHEREAS, Husband and Wife executed a Marital Settlement Agreement ("Agreement") as of September 9, 1999, to effectuate a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania Divorce Code filed in Cumberland County Court of Common Pleas, Pennsylvania, Docket Number 99-4407 Civil Term; and WHEREAS, Husband and Wife desire to further clarify Wife's continued obligations under Section 5. Equitable Distribution, A. Real Estate, under the Agreement, specifically relating to the equity line held by PSECU, account number 0306607569. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each, intending to be legally bound hereby covenant and agree as follows: 1. It is agreed and understood that Wife shall indemnify and hold Husband harmless for all outstanding indebtedness on the equity line held by PSECU, account number 0306607569 and Wife shall be solely responsible for all future payments including but not limited to all taxes, insurance(s) and costs/expenses/fees. 2. Except as modified hereby, all the terms and conditions of the Marital Settlement Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be le hereunto set their hands and seals the day and year first above written. Notarial Seal April M. Eby, Notary Public Fairvlew Tw ., York Count WITNESS: My commission aspires Aug.1 , 2ooz Member, Pennsylvania Asaocietkm of Nolariee &Nwag Kim S. Alger _?? ESC Anne S. Alger Commonwealth of Pennsylvania SS. County of On this, the 1 day of rte, 1999, before me, a Notary Public, personally appeared Kim S. Alger, known to me to be the person whose name is subscribed to the within Indemnification Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Not dry Public Notarial Seal April M. Eby, Notary Public FelMew York Countyy Commonwealth of Pennsylvania My Commission Expires Aug. 12, 2002 ss, Member, FennsyGme Aeebclellonol Wines County of???? l?JL On this, the 'q? day of 1999, before me, a Notary Public, personally appeared Anne S. Alger, known to me to be the person whose name is subscribed to the within Indemnification Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESSSi WHEREOF, I hereunto set my hand and official seal. ??jy Q? l"u-? VJ - A/ .-llC L U 2.16 My Commission Expires: Notary Public Notarial Seel Darlene K. Thumma, Notary Public Harrisburg, DauPh1, County My Commission Expires Feb. 3, 2001 LLER j, Anne P. Alger, SS# 191-46-3774 Plaintiff Kim S. Alger, SS# 306-50-7569 Defendant MIIta1-IV, 7)Maa.11 l a 1.-'"471Olaoa40N 1.' ? i In the Court of Common Pleas Cumberland County, Pennsylvania V. No.: 99-4407 Civil Action - LAW In Divorce 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 and manner service of the Complaint: The complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the defendant on July 26, 1999, by United States First Class certified mail return receipt P 016 244 704. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: November 2, 1999 by Defendant: November 4, 1999 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: November 5, 1999 by Defendant: November 12, 1999 4. Related claims pending: There are no related claims pending. Respectfully Sub fitted, \P BY' James 9.-M ler, Esquire X513 orth Second Street, Suite 100 Harrisburg, PA 17101 (717) 236-5161 (v) _ f ?- ?._. l')-' lV _-?? i:.: '? :., J L ?..i !', i t "? ) 25. Husband Social Security Number: 30 G )5-0 26. Wife Social Security Number: y6 3-?-7y i Anne P. Alger, IN THE COURT OF COMMON PLEAS SS#191-46-3774 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.92--4/01/02 Kim S. Alger, CIVIL ACTION - LAW SS#306-60-7569 IN DIVORCE Defendant You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 l .'y/( ? '----- James Miller, Esquire for Plaintiff Anne P. Alger, SS#191-46-3774 Plaintiff V. Kim S. Alger, SS#306-60-7569 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99--/5/o7 &;.?y -r.,,_ CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Anne P. Alger, who currently resides at 108 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Kim S. Alger who presently resides at 108 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 25, 1986, in Perry County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. Plaintiff avers that there are two children of the parties under the age of eighteen, namely Madeliene, D.O.B. 12/6/88 and LeighAnne, D.O.B. 7/19/90. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The parties have acquired certain property and assets which constitute marital property. 14. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; b) equitably distributing all marital property pursuant to section 3502 of the Divorce Code. Submittgd, AA t James A. Miljdr, Esquire 513 rth Second Street, Suite 100 arnsburg, Pennsylvania 17101 (717) 236-5161 V E R I F I C A T I O N Z ?er, that the statE--mts -,de in the attached are true and co=- I understand that false statue-tents herein are rade subject to the oe.-alties of 18 ?a. C. S. S?ction 4904 relating to unworn falsification to authorities. ?;/ • Cate: 1 ] NCOTN ?sooYO !T[[Rr cm mi A. MILLER 100 • NI.w1Y[[Y[Or Nl 1'1101 ' 171'11 []G•Ol Ol : FIJ[ 1'/171 3]O•Y •lwrl Ir 1 t 1 H 105.157 REV 540 COUNTY /? C/ I,. Frig CA L-. wo YIT:L RECCFDS RECORD OF DIVORCE OR ANNULMENT 1 (CHECK CNE: SATE r L[ tV:IfR STATE r,lE =ATE HUSBAND 1 NAME Few IM".-1) 4E:: 0. =ATE :M1Po III I "/y/ IYF14 . ? =R I 6u 2 M . A H BIRT , 0. C! Sru: 0, H.O / C•:v.=0 RESIIDEN e F+c4 :u [. RACE IS;", C, rmrpn maw I l??V 1. i1??L/ Kw / ?G.`Wt'W /IhV t% !G•_, 5. NUMBER OF THIS 5. FACE A'Hi a !LACK _T_F e?.fcel '. )L•SU tI OC CUF<TIGu ^ •I/ ? / ? U 1 _ r' .:/?? C h) L- / LW 'GE WIFE B. J.fAIDEN N<ME in.L IJ.maltl 'Ll:r' G. DAiE ILUF:m 2ryv IYearl ` ? ? ? ri LG Y l ' /y S 6 5 MMO/\ C / r An Q _ a-tv:(? - ? BIRTH 10. : or n.7. l RESIDENCE See v. P. 10..1 inp. C. Ca. •:Y 5:F:E .1. FLACE •5.[r.r FCN,pn Gau... fl I l ??`? ?L??l ?/('(• LL / , tLAJI ??. ?4'1 LL?? WIW/ II E70 Z.? R.ATI, 12, NUMBER y 44 fj, E'S ."S BLACK C.-ERS..' 1[, U L N OFTHIS / MA ARIA 15. PLACE OF OFTWS }aS+/.:a I, ? 2 p THI S RR Z; J j a c MARKPGE I AG E nA / 11<. N6 W F C En=ENT GaL I1 ' G P 1!. FLA••.9 -. EAt= HVS ::aE =T E. SF.u'il u HSB.. U . c ^ 1YIFE =T ER ISRr u•vl REN TH S D a . DER B REn L I? ' MARRIAGE ' Imo OD. NUMBER OF HUSGLIf: .'.'PE SPLIT CL'STC=Y 1 ^+ER•SiFf•.I lit. L _-L..1UNCS FCR : •=e CF CA ANNULMENT ^? j CHILDREN O ? I O I ^ I CUSTODY OF -+ ]] DATE OF DECREE I/JDr:nl X") lYllrl C -E'ORTSA :D. IM1!Or:fl IDIV% IY Ur/ . DS T TC ..T<L RE CC DS nrl : CwV0 IS. =ATECF ••cn:rl !OF,) !!Y IS:EIFw FVE l 04. SIGNATURE OF TRANSCRIBING CLERK 25. Husband Social Security Number: ? _> OGD E 0 ?? L 1 26. Wife Social Security Number: 151 y ? 3 ?'y C? L] c / _ IL• C, ILJ 1v_/ pf ?? Qj err i OFFICE!• GF.JAMEH A. MILLER ayM °gpry'e afaetl,: aYlla 1Qb • M,?a111?-upa, PA 191e1 , M1,.. {,?. wlot saa-al el rA. }0191 sae•aoav Anne P. Alger, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. NO. 99 - 4407 Civil Term Kim S. Alger, CIVIL ACTION - LAW Defendant IN DIVORCE 1, James A. Miller, Esquire, hereby certify that on July 26, 1999, I served the Defendant, Kim S. Alger, II, with a certified copy of the divorce complaint as evidenced by the attached United States First Class Mail return receipt card number P 016 244 704. DATE: 'A Ij- ?` Jame. A. Miller, Esquire 51 orth Second Street, Suite 100 arrisburg, PA 17101 (717) 236-5161 g? NDER: p + mDiata Items t and/or 4 for Ltldltbnsl urwcss. I also wleh to receive the ° • pls. trams 3, arM M S b. following aervice8 @0 Bn extra. ' 18@ • Alt your name and eddrus on tM rove.. of this form sa that wa can i rets ca this rd to form you. feel: , • to the front of th.mallpieca, ar on the back if apace ? AddrBa9de'e Ad it ° does not per., 1. W 1 FF Wm°"fletum'' Th ?7y?ceipt flepueet.d"on the mailpiap below tM eNeN number 2 ? 'e Return Re l1 -Pt will show to whom the article was delivered and the data • Restdcted Delivery 1 delivered.. , ' Consult ostmaster for fee, 3. Articla Adtiremed to. 4s. Article Number I ?4M UoE 016 b. service Type ° f ?r? ? Registered El Insured N ( 1O ly kfrr./1?t- lp Certified ? COD C Vo ? Express Mall t9l Return Receipt for Q r V T If .. 7n, 4z 7. Date of D wary r eRdiae 6. Si a ddres8e B. Addressee's Address (On If equested and fee is paid) ` e I Signature (Agent) rF• I S PS orm 3311, 1991 *U.S-M; 19113 aW,ala DOMESTIC RETURN ,,.•cE1PT X r ' ? L O ? C :C U ? Z Q ZW ? O. T PhOE!• OF.JAMen A. FILLER 0¢OMi?. i wRi a00 • WYNlmuftY. ?A 19101 • 91191136.8101 • 1" 97I V) 2211`0949 y n Anne P. Alger, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA SS# 191-46-3774 V. Kim S. Alger, Defendant SS# 306-50-7569 NO. 99-4407 Civil CIVIL ACTION - LAW IN DIVORCE 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21, 1999, and service was obtained upon the defendant by United States First Class Mail return receipt number P 016 244 704. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 16 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: jtLj lq9 6)1 ] ,,, (-4- Anne P. Alger d 11. ' t_ J 11_ rr, L! ? 14 Al I>F - ? \ ?- I ^ ? y ? i jT ! l ? Y? I Ir ! Y i[^k K ' s ° z S z''?"? 0 ( n f b.. e t f 7? ?. "sons, 100 - Anne P. Alger, Plaintiff SS# 191-46-3774 V. Kim S. Alger, Defendant SS# 306-50-7569 PA 10101-10101 uMSu1 -r. . . .. ...... ......... . IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO. 99-4407 Civil CIVIL ACTION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that i may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. A. Section 4904, relating to unworn falsification of authorities. Date: Anne P. Alger ?Y L r L ? u1 t LJ I II 1{ loricen b 4ME8 A. MILLER t aio?r`ai+. .too • MMauaYaaM tp101 . t>tw aaa•atet' ax t71 I) aaa•twsv J Anne P. Alger, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA SS# 191-46-3774 V. NO. 99-4407 Civil Kim S. Alger, CIVIL ACTION - LAW Defendant IN DIVORCE 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21, 1999, and service was obtained upon the defendant by United States First Class Mail return receipt number P 016 244 704. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: Kim S. Alger <r , ?? -- - ?_ -u_:5?--' ?7 U i. , ? i?. ` u i F" _._ ? __ : ?. .. C. ? '+ 1 ? ? ` ..^;A ti, i w ? ?Mes A. MILL X= - MMR,86. 0. M 1 Anne P. Alger, Plaintiff SS# 191-46-3774 V. Kim S. Alger, Defendant 1717122M6141 . Iii 17191 aZ> 0747 l? IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO. 99-4407 Civil CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date:-,& - 4/ ` / / , Kim S. Alger :? . ?=, .. L' 1 ' - ; ^? ? _' 1 ( t.:: ` !_ LI ' L . C'? (.' ??.