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HomeMy WebLinkAbout99-05523J l I. . ?a F• a. -'Jwfi } a'M 1 Ifii ?-tl F*j st? f? A ? +i7 _---- :•i...:?: :?• :fir 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 9.9..-.5-5.2-3 CIVIL TERM 19 DECREE IN D I V 0 R C ?:®OPM• AND NOW, a'Z ..... .......... , 19 ....... it is ordered and EDWARD R. POLING decreed that .................................................. plaintiff, CLETA E. POLING and ......................................................... . 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; No issues are outstanding. All issues have been resolved and settled by the ............................................... . . . . . . ..................... parties' .Marriage Settlement Agreement dated December. 17,-.1-9 1999, filed of record .................. ........................................... and incorporated but not merged into this Decree. •.w P? i i f 0rokhonota'y •O' 1 v '. 1. . , - , . 4 '. . . . , , . , IN THE COURT OF COMMON PLEAS bF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD R. POLING, Plaintiff V. CLETA E. POLING, Defendant No. 99-5523 Civil Term Civil Action - Law In Divorce PRAECIPE OF 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 of filing and manner of service of the complaint: a. Date of filing of Complaint: 9/10/99 b. Manner of service of Complaint: Acceptance of Service C. Date of Service of Complaint: 9/13/99 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: J36/17/99 b. Defendant: J=/17/99 OR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: N/A b. Date of filing: N/A C. Date of service: N/A 4. Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated December 17, 1999 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of intention to file Prascipe to Transmit Record, a copy of which is 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 OR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: 12/20/99 b. Defendant's Waiver: 12/20/99 ZTri DCLIFF , ESQUIRE nd a Road PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ?- r- ?- C P wn N _? C7-: f,_: ?' ?? .? -1 ? ?. :? .: . 0 .?? ?1'.?. ??: :.r .. ?: ' L .) ?. Ca :? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD R. POLING, Plaintiff , V. NO. 99-5523 CIVIL TERM CLETA E. POLING, CIVIL ACTION - LAW Defendant DIVORCE MARRIAGE SETTL.FNm AGRE wtFivm THIS AGREEMENT made this ay of lAap? by and between CLETA E. POLING ("WIFE") of 236 Indian Creek Drive, Mechanicsburg, PA 17055 and EDWARD R. POLING ("HUSBAND of 170 H Franklintown Road, Dillsburg, PA 17019. W I T N E S E T H WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on October 26, 1985 in Camp Hill, Pennsylvania and separated on June 19, 1998. WHEREAS, There were no children born of this marriage. WHEREAS, diverse and unhappy differences, disputes and Jdifficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the DIANE O. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.01C FAX: (717) 975-0997 Page 1 of 24 rest of their natural lives, 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. NOWT THEREFORE, in consideration of the premises and 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. INCORPORnmrON OF pjtFnutar.F• 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. t. AGREENENT NOT A gnu TO DTVORrE 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 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 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.01C FAX: (717) 978-0897 Page 2 of 24 occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3. DIVORCp 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 DIV = 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 INCORPPORnTED IN DIVORCE DECREE: The terms of this Agreement shall be incorporated into, any Divorce Decree which may be entered with respect to them.) 6. NON-MERGER: This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-010 FAX: 1717) 975.0697 Page 3 of 24 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.01 FAX: (717) 976-0697 8. 9 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. 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. 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. VOLLIR'17ARY EZJCU 10N AND FAIRNESS OF AOREIM 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, WIFE acknowledges that she has been advised of her right to be advised by an attorney of her own choosing prior to entering into this Agreement and that she voluntarily has decided not to retain such counsel, and further acknowledges that she accepts said Agreement and that said acceptance is not based on any advice or representation made by HUSBAND'S counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to WIFE by said counsel. Page 4 of 24 10. FI llfii I AL DTs LOSUR x • 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. 3.1. DISCWSURE AND WAIVER OF PR0'FD3MA 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. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.010 FAX: (717) 976-0697 Page 5 of 24 DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.01( FAX: (717) 975-0997 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 property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, 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 have 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 Page 6 of 24 lite (temporary alimony), counsel fees, costs and expenses. 12. HAHERV CY: 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. SOCTAT QFPT74 T'T'Y 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. TNCgM Thy NATTERS: With respect to income tax matters regarding the parties the following shall apply: a. v Io R n : The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: p17) 737-010 FAX: (717) 975-0997 Page 7 of 24 income tax is proposed, or any assessment of any such tax 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 ('313RR of f-hn misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. b. Current Returns: The parties shall file joint Federal and state Income tax returns for the calendar year 1999 and shall equally share in the costs of preparing that return, any refunds or any taxes owed as the result thereof, if said filing is permitted under IRS Rules and Regulations and if the joint filing is advantageous toI both parties. 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 DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-01( FAX: 1717) 975-0997 Page 8 of 24 attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. MUTUAL avyg&Ma. 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 the following: a. 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. b. Any and all rights and claims 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; C. 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; DIANE G. RADCLIFF 3409 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-010 FAX: J7171975-0697 Page 9 of 24 DIANE 0. RADCLIFF 3M6 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717( 737.01( FAX: (717( 076.0697 17. L8. d. 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, The foregoing shall not apply to all rights and agreements and obligations of 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. WAIVER OR MODIFICATION TO BE IN WRITING: 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. MS=AL COOPERATION: 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 Page 10 of 24 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-01( FAX: (717) 975-0897 for the purpose of giving full force and effect to the provisions of this Agreement. 19. $SsREENT 8*NDT?'r ON HF+TRa This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. ZMZLgU TION• 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. OTHRR DOC*mrc+_+?^±Trnr? WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written 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. 2. NO N IVER OF DBFALn•T 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 Page 11 of 24 default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. REWH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other 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 alternative, 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 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. C. 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. d. Any other remedies provided for in law or in equity. DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-010 FAX; (717) 975.0697 Page 12 of 24 24. LAW QV VIPvmayT-%mwv% BILL This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 25. 5J0EFBABZZ .TaC: 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 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 any one 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. FINA1. EOUIT L DT r OF FROPERT 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 and 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: (717) 737-010 FAX: (717)975.0697 Page 13 of 24 DIANE G. RADCLIFF 3"S TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737-01( FAX: (717) 976-0897 27. 4lAIVER OF T 47TnNnm. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, 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. '8. DIVISION OF L`4 OksT P4OFFR3^Y 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 of 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. 1. AFTER-ArOUTRFD 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 June 19, 1998, 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 Page 14 of 24 after acquired property of the other party pursuant to the terms of this Paragraph. DIVISION OF VEHICLES_ BOATS AND ..-THE +_»., 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 "A", 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. 1987 Toyota Supra shall be the sole and separate property of WIFE. b. 1992 Nissan Sentra 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 any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 11011 PHONE: (717) 737.010 FAX: (717) 975-0897 Page 15 of 24 property shall take it subject to said lien and/or 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. WIFE is the sole owner of a certain tract of improved real estate known and numbered as 236 Indian Creek Drive, Mechanicsburg, PA ("the Real Estate"). With respect to the Real Estate the parties agree as follows: a. HUSBAND hereby waives any right, title, interest and claim that he may have in and to the Real Estate and to the extent necessary shall make, execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all of his right, title and interest in and to the Real Estate. b. Wife's interest in the Real Estate shall be subject to all mortgages, liens and encumbrances and further shall be under and subject to any covenants and restrictions of record. WIFE shall hereinafter be solely responsible for the payment of the mortgages, liens and/or encumbrances and shall indemnify, protect and save HUSBAND harmless therefrom. DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.010( FAX: (717) 975-0997 Page 16 of 24 32. DIVISION a LLTI vwmyT PEX,,g P awa 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 any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 901-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, ("the Retirement Plans"). 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. 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. The foregoing notwithstanding, WIFE shall terminate and close out her voluntary CSRS account through her employment no later than December 31, 1999. Within five days of her receipt of the funds therefrom, wife shall pay HUSBAND the amount ofl $20,000.00. If that amount is not paid to Husband within that five day time period, then interest on the balance due HUSBAND shall accrue and be paid to HUSBAND at the rate of 1.5% per month, compounded monthly, from the date payment was due until paid in full. The accrual of interest shall not be deemed to excuse wife from making the timely payment of the $20,000.00 amount due husband. To enable husband to monitor the situation, WIFE shall execute an authorization form permitting DIANE G. RADCLIFF 3416 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.01 FAX: (717)975.0697 Page 17 of 24 34 DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: J717) 737-010 FAX: 1717) 979.0997 the release of information to HUSBAND pertaining to the voluntary CSRS account so that he can determine if and when that account has been closed and the payment made to WIFE thereunder. DIVISION OF SANK ACCOMS/STOCK/ IVE INSURRtiCF 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, ("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. TIME SHARE UNIT: The parties are the joint owners of a certain one week Cancun, Mexico Time Share Unit ("the Time Share Unit"). With respect to the Time Share Unit the parties agree as follows: a. HUSBAND hereby waives any right, title, interest and claim that he may have in and to the Time Share Unit. To the extent necessary, HUSBAND shall make, execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all of his right, title and interest in and to the Time Share Unit. Page 18 of 24 b. WIFE'S interest in the Time Share Unit shall be subject to all mortgages, liens, encumbrances, assessment fees, rules and restrictions and further shall be under and subject to any covenants and restrictions of record. WIFE shall hereinafter be solely responsible for the payment of the mortgages, liens, encumbrances and/or assessment fees and shall indemnify, protect and save HUSBAND harmless therefrom. . 1PIFE' 3 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. S. HUSAA 7D I S DEM a 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 estate 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. DIANE G. RADCLIFF 3449 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.011 FAX: (717) 976-0697 Page 19 of 24 DIVISION OS NEXTAL DBET- 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. Any vehicle loan for WIFE'S Vehicles as required and set forth in Paragraph 30 herein. 2. Any mortgages, liens and encumbrances as required and set forth in Paragraph 31 herein; 3. Any and all taxes resulting from her withdrawal of funds from her Retirement Plans set forth in Paragraph 32 herein; 4. Any mortgages, liens and encumbrances as required and set forth in Paragraph 34 herein; 5. 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. Any vehicle loan for HUSBAND'S Vehicles as required and set forth in Paragraph 30 herein. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.010 FAX: (717) 876-0887 Page 20 of 24 2. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans set forth in Paragraph 32 herein; 3. 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 3418 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737.01( FAX: (717) 978.0897 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 joint liability. g. In the event a party is assuming a liability for which the parties are jointly liable, that party shall Page 21 of 24 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. 38. 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 and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 39. WAIVER OF ALIMM, SPOUSAL SUPPORT AND COSTS: 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. 40. 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0101 FAX: (717) 976.0897 Page 22 of 24 PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. WITNESS WHEREOF, the parties hereto have set their hands DL4NE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.01( FAX: )717) 975-0697 and seals the day and year first above written. TNESS: ?t=\\\??I JaIA 2a (SEAL) EMMM-R. POLING Page 23 of 29 UUMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the ja:h-day oftse Cy.J? , 19 T9cII , before me the undersigned officer, personally appeared, CLET E. POLING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that CLETA E. POLING executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. A Y PUB / My Co ission Expires: COMMONWEALTH OF PENNSYLVANIA Notin a Seal FDianp. G Ra ir.vt. Notary Public H R m Cumberland Cnunty Pxnir Jan t1 70"0 SS. OF CUMBERLAND On this the _Qj clay of 19c1q , before me undersigned officer, perso y appeared, EDWARD R. POLING, wn to me (or satisfactorily proven) to be the person whose name subscribed to the within Agreement, and acknowledged that EDWARD POLING executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.010 FAX: J717) 978.0887 seal. BL M Comm' sion Expires: o Page 24 of 24 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD R. POLING, Plaintiff V. NO. q9- 55x3 CL.&Term CLETA E. POLING, : CIVIL ACTION - LAW Defendant : DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD R. POLING, Plaintiff V. NO. 49- 5-5,93 CLETA E. POLING, CIVIL ACTION - LAW Defendant DIVORCE DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 AND NOW, this jc?- day of 1999, comes the Plaintiff, EDWARD R. POLING, by attorney, DIANE G. RADCLIFF,, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is EDWARD R. POLING, an adult individual residing at 170 H Franklintown Road, Dillsburg, PA 17019. 2. The Defendant is CLETA E. POLING, an adult individual residing at 236 Indian Creek Drive, 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 October 26, 1985 at Camp Hill, Cumberland County, Pennsylvania. 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. 7. The Defendant is not a member of the Armed Services of the -2- United States or any of its Allies. B. The Plaintiff avers 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. or in the alternative, C. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectf"i ,stomitted, RADCLI^ ESQUIRE. 3448 Tri Hi PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -3- VERIFICATION EDWARD R. POLING verifies that the statements made in this Complaint are true and correct. EDWARD R. POLING understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. EDWARD R. FOLING DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 -4- r r r ^:) In V IL C1._ --j ?. 4 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. POLING, Plaintiff V. No. 99-5523 Civil Term E. POLING, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true correct. I understand that false statements herein are made ect to the penalties of 18 Pa. C.S. Section 4904 relating to orn falsification to authorities. DIANE G. RADCLIFF 3446 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Dated: (a/%-? Q £oa..k?,c?RR EDWARD R. POLING ? 1(1 } C - ?'_ H- c IV?? N a ?? = C_Tf: -l.r ' __ ?,-:. i - LL (, ?J r??' C? ?? -_?:-. CV ?? '- C.. IL c? 61 - ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. POLING, Plaintiff V. No. 99-5523 Civil Term CLETA E. POLING, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 9909 relating to unsworn falsification to authorities. Dated: --17, ?? el &? DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 u' CV ILU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 EDWARD R. POLING, Plaintiff V. No. 99-5523 Civil Term CLETA E. POLING, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE 0 INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SE TTON 3301(c) 0 H DTVOR F rnnr 1. I consent to the entry of a final decree in divorce without notice. 2. I 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. I 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 12 C&uct-.. a-'i e C,3j _ Wr) CV ..:J.+ r_l ,? LLI`. N ..J J •- 1J_ ll fir, .) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD R. POLING, Plaintiff V. No. 99-5523 Civil Term CLETA E. POLING, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER O NOTICE OF TNT NTTON TO REQUEST ENTRY OF A DIVORCE DE R UNDER SE TTON 3301 (r) OF THE, DIVORCE ronp, 1. I consent to the entry of a final decree in divorce without notice. 2. I 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. I 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ted: Zr DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717)737.0100 >- = ?c, r r r: ?_ ?.?c ? -- -5 f `. _. i c. ;", ? j.. i N . LL ?- ' ?:? ?li?a i L. t :. U .,^.n .. J Ct <) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD R. POLING, Plaintiff V. NO. 99-5523 CIVIL TERM CLETA E. POLING, CIVIL ACTION - LAW Defendant DIVORCE I, Cleta E. Poling, the Defendant in the above captioned action, hereby accept service of the Complaint in Divorce filed in the above captioned matter on September 10, 1999. Date: CLETA E. POLING - i 1• V: !T -1 2: C;? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 J717) 737-0100 EDWARD R. POLING, Plaintiff V. CLETA E. POLING Defendant No. 99-5523 Civil Term CIVIL ACTION - LAW DIVORCE CERTIFICATION OF 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: 219-56-9847 2. Defendant: Respectfully submi m Hill ,)P A 17011 Supreme -'Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff cl? C L L'j O -- cv t: c? cJ LIEN SATISFACTION Pacses# 817102664 No. 99-5223 CV DR# 30055 Name: Rolf Peter Social Security Number: 134-32-7790 Judgment Lien Satisfied as of. Mav 30.2002 Amount Paid: $ 5570.88 Signed: _..Gl,& /27. AUC 15 M (Lien Coordinator) (Date) t ul ?J) cz [ii? 1.12 1' V LL ?! 1"U O J CJ