HomeMy WebLinkAbout07-3264Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906 Attorneys for Plaintiff
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
KEITH A. BOLASH
V.
SUSAN E. BOLASH,
Plaintiff
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for 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 THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.07- 3X-q CIVILTERM
CIVIL ACTION - LAW
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Plaintiff
KEITH A. BOLASH, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. CIVIL TERM
V.
CIVIL ACTION - LAW
SUSAN E. BOLASH, IN DIVORCE
Defendant :
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro
de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya.
Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o
cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Johnson, Duffie, Stewart & Weidner
By: Mark c. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
KEITH A. BOLASH,
Plaintiff
V.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.67 -.Mq CIVIL TERM
CIVIL ACTION - LAW
SUSAN E. BOLASH, IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
UNDER SECTIONS 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, KEITH A. BOLASH, by and through his attorneys,
Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the
Defendant, SUSAN E. BOLASH:
1. The Plaintiff is KEITH A. BOLASH an adult individual, residing at 2199
Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff's Social
Security Number is 191-56-9504.
2. The Defendant is SUSAN E. BOLASH, an adult individual, residing at 2199
Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's
Social Security Number is 197-60-7519.
3. The Plaintiff and Defendant were married on July 19, 1999, in Harrisburg,
Pennsylvania. A true and correct copy of said Marital Certificate is attached hereto and
incorporated herein as Exhibit "A".
4. The Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania at least six months immediately prior to the filing of this Complaint.
5. There have been no prior actions for divorce or annulment of marriage between
the parties in this or any other jurisdiction.
6. Neither of the parties in this action is presently a member of the Armed Forces on
active duty.
7. The marriage is irretrievably broken.
8. The Plaintiff has been advised of the availability of marriage counseling and she
may have the right to request that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a
Decree of Divorce.
JOHNSON, DUFF E, STE T & WEIDNER
By:
Mark C. Duffie
:298790 v.2
VERIFICATION
I, KEITH A. BOLASH, verify that the statements made in this Complaint in Divorce are
true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to
unsworn falsification to authorities.
Date: 1
KEITH A. B LAS
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KEITH A. BOLASH,
Plaintiff
VS.
SUSAN E. BOLASH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 3264 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT
If SUSAN E. BOLASH, Defendant, hereby accept service of the
Divorce Complaint docketed to the above-captioned matter and
hereby declare that I am authorized to do in accordance with the
Rules of Civil Procedure.
Date: JUNE , 2007 a, E r
Susan E. Bolash
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61- 3aC, y
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of December, 2007,
by and between KEITH A. BOLASH, hereinafter referred to as
"HUSBAND", and SUSAN E. BOLASH, party of the second part,
hereinafter referred to as "WIFE".
WITNESSETH:
WHEREAS, the parties hereto are Husband and wife,
having been married on JULY 17, 1999, in Harrisburg,
Pennsylvania, and having separated on or about April 28, 2007;
and
WHEREAS, there are two minor children to this
marriage, namely Jared R. Bolash (02/03/01) and Carson J.
Bolash (05/30/03); and
WHEREAS, certain differences have arisen by and
between Husband and Wife as a result of which they are currently
separated 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 Husband by Wife or of Wife by Husband; and in
general, the settling of any and all claims and possible claims
by one against the other or against their respective estates;
and
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant
sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act
No. 26, as
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amended , 23 P.S. 3101 et se g.,, and being fully aware of their
right to consult with or having consulted with their respective
legal counsel or advisors and having had the opportunity and
ability to request a full and complete disclosure of income and
assets from the other, and reviewing this Agreement, have come
to an agreement as to each and all of their said matters of
property and relations; and
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they 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.
Husband and Wife acknowledge that Andrew C. Sheely, Esquire, is
counsel for Wife and that Mark R. Duffie, Esquire, of the law
firm JOHNSON DUFFIE, initially served as counsel and previously
represented Husband. 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 obligations, and each party acknowledges
and accepts that this Agreement is, and the circumstances, fair
and equitable, after having the opportunity to receive such
advice and with such knowledge, and that execution of this
Agreement is not the result of any improper or illegal agreement
or agreements. In addition, each party hereto acknowledges that
he or she has had the opportunity to be fully advised by his or
her respective attorney of the impact of the Pennsylvania
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Divorce Code, whereby the court has the right and duty to
determine all marital rights of the parties including divorce,
alimony, alimony pendente lite, equitable distribution of all
marital property or property owned or possessed individually by
the other, counsel fees and costs of litigation and, fully
knowing the same and having the opportunity to be fully advised
of his or her rights thereunder, each party hereto still desires
to execute this Agreement, acknowledging that the terms and
conditions set forth therein are fair, just and equitable to
each of the parties, and waives his and her respective right to
have the Court of Common Pleas of Cumberland County, or any
other court of competent jurisdiction, make any determination or
order effecting the respective parties rights to a divorce,
alimony, alimony pendente lite, equitable distribution of all
marital property, counsel fees and costs of litigation.
2. SEPARATION
It shall be lawful for each party at all times hereafter to
live separate and apart from each other in such place or places
as he or she may from time to time choose or deem fit.
3. INTERFERENCE
Each party shall be free from interference, authority and
control, direct or indirect, by the other as fully as if he or
she were single and unmarried. Neither shall molest the other
or compel or endeavor to compel the other to cohabitate or dwell
with him or her, or to in any way harass or malign the other.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relinquishes
his inchoate intestate right and his right to act as a personal
representative in the estate of Wife, and wife relinquishes her
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inchoate intestate right and her right to act as a personal
representative in the estate of Husband. Each of the parties
hereto by their presents, for himself or herself, his or her
heirs, executors, administrators or assigns, does remise,
release, quit claim and forever discharge the other party
hereto, his or her heirs, executors, administrators or assigns
or any of them, of any and all claims, demands, damages,
actions, causes of actions, suits, at law or equity, of
whatsoever kind or nature, for or because of any matter or thing
omitted or suffered to be done by said other party prior to and
including the date hereof, except that this release shall in no
way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this
Agreement and shall in no way affect any cause of action in
absolute divorce which either party may have against each other.
5. MARITAL AND NON-MARITAL PROPERTY
The parties hereto acknowledge that during their marriage
they have acquired, individually or jointly, various marital
assets and the increased value of non-marital assets and
property, including the following:
(A) Jointly owned Real Estate located at 2199
Canterbury Drive, Mechanicsburg, Upper Allen Township,
Cumberland County, Pennsylvania, with an estimated value of
$299,000.00; and
(B) Wife's PSECU bank account numbers 197607519,
comprised of checking account with a current balance of
$2,965.87 and a savings account with a balance of
$1,033.41; and
(C) Wife's MetLife Annuity Account Number 0595521 with
a current balance $6,804.26; and
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(D) Wife's Waddell & Reed Non-retirement Account
Number 35678630 with a current account balance of
$11,185.73; and
(E) Wife's Waddell & Reed IRA Rollover Account Number
35445055 with a current account balance of $20,849.36; and;
and
(F) Wife's Waddell & Reed Roth IRA Account Number
35360928 with a current account balance of $17,286.42; and;
and
(G) Husband's Americhoice Account Number 38084
comprised of a savings account with a balance of $6,169.94
and a checking account with a balance of $4,336.; and
(H) Husband's Waddell & Reed Non-retirement Account
Number 35678640 with a current account balance of
$13,799.03; and
(I) Husband's Waddell & Reed IRA Rollover Account
Number 35360170 with a current account balance of
$19,733.35; and
(J) Husband's Waddell & Reed Roth IRA Account Number
35360927 with a current account balance of $13,821.07; and
(K) Husband's Waddell & Reed 401(k) plan Account
Number 35549587 with a current account balance of
$18,805.51; and
(L) Wife's Waddell & Reed custodial 529 college
savings plan (Account Number 35360933) for Jared Bolash
with a current value of $14,390.94; and
(M) Husband's Waddell & Reed custodial 529 college
savings plan (Account Number 35424579) for Carson Bolash
with a current value of $8,582.91; and
(N) Miscellaneous personal property, including
furniture, personal items, dishes, tools, jewelry, increase
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in value of non-marital property, equipment, coins and
cash; and
(O) Mortgage with Citi Mortgage, account number
0400962809-2 with an approximate payoff of $196,316.66 as
of December 1, 2007; and
(P) National City Home Equity, account number
4489298161631314, with an approximate balance as of
December 1, 2007 of $11,636.30; and
(Q) Miscellaneous credit card debt not exceeding
$100.00; and
Husband and Wife acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the
marital residence, any and all retirement assets, and other
items of marital property. However, the parties agree that they
will not undertake this expense and acknowledge that no
financial disclosures are attached to this agreement as separate
exhibits or schedules. The parties hereby waive any necessity
for completing or attaching any financial disclosure(s). Each
party further acknowledges the opportunity to attach a full and
complete financial disclosure and that such disclosure is not
desired to effectuate a fair and equitable resolution of their
marital rights, duties and obligations as provided in the
Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
Husband and Wife hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her
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possession, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall
have the effect of an assignment or bill of sale from each party
to the other for such property as may be in the individual
possessions of each of the parties hereto.
Husband and Wife agree that they have divided between
themselves, to their mutual satisfaction, all items of tangible
and intangible marital property. Neither party shall make any
claim to any such items of marital property, or of the separate
personal property of either party, which are now in the
possession and/or under the control of the other.
From and after the date of the signing of this
Agreement both parties shall have complete freedom of
disposition as to their separate property which is in their
possession or control pursuant to this Agreement and may
mortgage, sell, grant, convey or otherwise encumber or dispose
of such property, whether real or personal, whether such
property was acquired before, during or after marriage, and
neither Husband nor wife need join in, consent to, or
acknowledge any deed, mortgage, or other instrument of the other
pertaining to such disposition of property.
7. REAL ESTATE 2199 Canterbury Drive, Mechanicsburg
(i) Exclusive Possession Husband and Wife agree that Wife
shall be entitled to exclusive possession of the marital
residence located at 2199 Canterbury Drive, Mechanicsburg,
Pennsylvania after execution of this Property Settlement
Agreement. Husband shall have no right to live, occupy, or
reside within the marital residence without the express written
permission of wife.
(ii) Execution of Deed by Husband and Wife and recording
upon death of either arty prior to sale. Husband and wife
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contemplate the entry of a final decree in divorce prior to the
proposed sale of the martial residence and further acknowledge
that the entry of a Decree in Divorce will create a tenants in
common interest in the marital residence between the parties.
In order to avoid disputes which may arise between them and/or
with their respective estates and, Husband and Wife, agree to,
on or prior to execution of this Property Settlement Agreement,
execute reciprocal deeds which shall transfer by deed, any and
all of his or her legal or equitable right, title and interest
in and to the parcel of jointly-owned real estate with
improvements thereon situate at 2199 Canterbury Drive,
Mechanicsburg, Upper Allen Township, Pennsylvania. However,
neither Husband nor Wife shall record said deed vesting him or
her with legal title to the real estate unless Husband or Wife
shall die prior to the sale of the real estate as contemplated
in subparagraph (iv) of this Paragraph 7.
In the event of the death of either Husband or Wife prior
the sale of the marital residence below, Wife's attorney shall
immediately release for recording the deed to the surviving
former spouse who shall immediately record said deed in the
office of the recorder of deeds in and for Cumberland County,
Pennsylvania. Specifically, in the event of Husband's death
prior to final settlement on the marital residence, Wife shall
immediately record the deed held in escrow without any further
claim or demand from Husband's estate which shall release Wife
from any and claims associated with such recording. In the event
of Wife's death prior to final settlement, Husband shall
immediately record the deed held in escrow without any further
claim or demand from Wife's estate which shall release Husband
from any and claims associated with such recording.
(iii) Responsibilities of Wife. Upon execution of this
Agreement and until the sale of the marital residence as
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contemplated below in subparagraph (iv) of this Paragraph 7,
Wife shall maintain the property and continue to make all
mortgage payments, home equity payments, tax payments and
utility (sewer and trash) payments benefiting the former marital
residence during her exclusive period of occupancy. Further,
Wife agrees that she will indemnify Husband on account of any
obligation she may have on account any obligation concerning the
ownership of the real estate including, but not being limited
to, municipal liens, real estate taxes, sewer and water
assessments, fire and casualty insurance, and utilities,
accruing during her exclusive period of occupancy.
(iv) Sale of Marital Residence Husband and Wife agree to
cooperate with listing the marital residence for sale at a
mutually agreed upon price at not less than $299,000.00 within a
period of five (5) months after execution of this Property
Settlement Agreement. Husband and wife agree to use all
reasonable efforts to sell the marital residence within a
reasonable period of time after the entry of Decree in Divorce.
In the event the marital residence does not sell at
mutually agreed upon listing price as set forth above within
three (3) months after listing, Husband and Wife agree to reduce
said sales price to a mutually agreed upon price, but not less
than $289,000.00. Thereafter, Husband and Wife shall mutually
cooperate with adjusting the sale price to permit the sale of
the marital residence.
At final settlement, Husband and Wife agree that the net
settlement proceeds (gross sale price less mortgage payoffs,
real estate transfer taxes, reasonable real estate commissions,
if any, real estate transfer taxes and other customary and
ordinary seller's settlement costs) shall be distributed as
follows: Wife shall receive one half of the net settlement
proceeds, plus the total transfer tax paid by Seller on the
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settlement sheet, the county, township and school district pro-
rations reimbursed to Purchaser on the settlement sheet, a fee
for deed preparation (if any), Seller help or Seller assistance
fees credited on the settlement sheet (if any) and any other
Seller settlement charges placed on the Settlement sheet, but
not including real estate commissions and real estate
transaction fees. Husband shall receive any remaining net
proceeds from the sale of the real estate. Husband and Wife
agree that settlement proceeds shall be divided by Husband and
wife in accordance with this subparagraph at settlement or
within a period of ten (10) days after settlement.
8. DEBTS OF HUSBAND AND WIFE
Husband and Wife acknowledge that they have incurred
various marital, (joint and separate) debts prior to separation.
Husband and Wife agree that Husband shall assume full liability
and hold Wife harmless from any liability for any and all
consumer or other debt in Husband's name. Husband and Wife
agree that Wife shall assume full liability and hold Husband
harmless from any liability for any and all consumer or other
debt in Wife's name.
9. MOTOR VEHICLES
(i) Possession Husband and Wife agree that Wife shall be
entitled to have the sole and exclusive control, benefit, use
and title of the 2002 Ford Windstar or the proceeds thereof.
Further, Wife agrees that she shall hold Husband harmless from
any liability associated with 2002 Ford Windstar, including but
not limited to paying all monthly car payments, insurances and
costs associated with operating said vehicle. Husband and Wife
agree that Husband shall be entitled to have the sole and
exclusive control, benefit, use and title of the 2007 Toyota
Camry or the proceeds thereof, and that he shall hold Wife
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harmless from any liability associated with such motor vehicle,
including but not limited to paying all monthly car payments,
insurances and costs associated with operating said vehicle.
(ii) Titles and Insurance. Titles to the motor vehicles
shall be transferred within thirty (30) days from the date of
this Agreement to the party receiving title in accordance with
this Agreement, if necessary. Each party shall remove the other
from any policy of insurance associated with his or her motor
vehicle within a period of thirty (30) days from the date of
this Agreement.
10. MISCELLANEOUS
(A) Checking/Savings Accounts. The parties hereto
acknowledge and agree that any and all savings and checking
accounts, as well as certificates of deposit, owned by them
jointly or singly, have been divided to their mutual and
individual satisfaction.
(B) Retirement Accounts. The parties agree that
Husband shall be entitled to the marital assets listed in
subparagraphs (g), (h), (i), (j) and (k) as identified in
paragraph 5 (B) above, without any or further claim from Wife.
The parties agree that Wife shall be entitled to the marital
assets listed in subparagraphs (c), (d), (e) and (f) as
identified in paragraph 5 above without any further claim or
demand from Husband. In association with the division of said
marital assets, Husband and Wife agree, at the request of the
other, to execute or sign any documents maintained by his or her
respective retirement plan provider in order to waive any
interest therein.
(C) Neither Husband nor Wife shall withdraw, encumber or
pledge as security any or all of the principal and interest of
any 529 plan which he or she maintains for the benefit of their
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child. However, nothing herein shall prevent any party or other
person from contributing to either 529 plan at any point after
execution of this Agreement.
(D) Life Insurance The parties hereto acknowledge and agree
that any and all life insurance policies owned by them jointly
or singly have been divided to their mutual and individual
satisfaction. Husband and Wife agree that Husband shall maintain
an existing term life insurance policy in the amount of
$250,000.00 which shall name separate trusts established through
a Will or separate document as beneficiary for the benefit of
the parties minor children with Wife as the named trustee of
said trusts. Husband shall maintain this policy until the
parties youngest child shall graduate from high school. Nothing
herein shall prevent Wife from establishing a similar trust for
the benefit of the minor children, at her discretion.
(E) Intent as to division of property The division of
existing marital property is not, except as otherwise expressly
provided herein, intended by the parties to constitute in any
way, a sale or exchange of assets and the division is being
affected without the introduction of outside funds or other
property not constituting a part of the marital estate. As a
part of an equitable division of the marital properties and the
marital settlement herein contained, the parties hereto agree to
save and hold each other harmless from all income taxes assessed
against the other resulting from the division of the property as
herein provided.
(F) Existing and Future debts Each party represents and
warrants to the other that he or she has not incurred any debt,
obligation or other liability, other than those described in
this Agreement, on which the other party is or may be liable. A
liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter
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incur it, and such party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations
and liabilities.
(G) Taxes. Husband and Wife represent and warrant to the
other that they shall file separate income tax returns for tax
year 2007 and thereafter. Husband and Wife shall mutually
cooperate with filing their respective tax returns, including
discussions pertaining to claiming interest and taxes on the
former marital residence until the former marital residence is
sold, as well as claiming the children for tax reporting
purposes. Information maintained by one party necessary to
complete any income tax return shall not be unreasonably
withheld upon the request of either party.
11. ALIMONY, SUPPORT AND MAINTENANCE
Husband and Wife acknowledge that Husband's income has
exceeded $150,000.00 on an annual basis and that Wife's income
has exceeded $50,000.00 on an annual basis during the past
several years. Husband and Wife acknowledge that they have been
advised to and are aware of the contents of the provisions of
the Divorce Code, as amended, in Pennsylvania, wherein
considerations are set forth in determining an appropriate
amount, if any, to be paid in the form of alimony.
Husband agrees to and shall pay Wife, as alimony, the sum
of five hundred dollars ($500.00) per month, payable on the
first day of each month, beginning on January 1, 2008 and
continuing thereafter for a period of one hundred forty-four
(144) months, ending on December 1, 2019. Alimony payments
agreed to in this paragraph 11 shall be modifiable at any time
based upon a showing of changed circumstances in Husband's
income through Husband's filing of a petition for a decrease
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during the term of alimony set forth herein. Wife shall not
seek nor be entitled to an increase in the payment of alimony
for any reason.
In addition, alimony awarded pursuant to this paragraph
shall cease and terminate upon either Husband or Wife's death,
Wife's remarriage or in the event Wife cohabitates with a person
of the opposite sex. The alimony payments awarded pursuant to
this paragraph are intended to be and shall be taxable to Wife's
income at the amount of $500.00 per month commencing as of
January 1, 2008, and deducted from Husband's income at the
amount of $500.00 per month commencing as of January 1, 2008, in
accordance with all tax laws and applicable sections of the
Internal Revenue Service Rules and Regulations.
This Agreement as been negotiated on the agreement that the
alimony payments described in this Paragraph 11 will be
deductible by Husband and taxable to Wife. Therefore, it is the
intention, understanding and agreement of the parties that the
payments described in this Paragraph 11, to the extent permitted
by law, shall constitute "periodic" payments payable by reason
of the "marital or family relationship" of the parties, as those
terms are defined in Section 71 of the Internal Revenue Code of
1954, as amended, and accordingly that all such payments shall
be included in Wife's gross income and deductible by Husband for
federal income tax purposes pursuant to Sections 71 and 215 of
the Internal Revenue Code of 1954, as amended, respectively.
Wife agrees to report payments received under this Paragraph 11
in her gross income for federal and, if applicable, for local
and state income tax purposes. Wife shall be solely responsible
for any and all income taxes with respect to any payments
received by her as alimony as required by this Paragraph 11.
The parties agree to reduce this Agreement to an Order of Court
simultaneously upon execution of this Agreement and file such
14
with the Court of Common Pleas along with the documents
necessary to conclude the divorce.
12. SUPPORT FOR CHILDREN
In accordance with a general agreement of Husband and Wife
based upon knowledge of each other's respective incomes, Husband
shall pay Wife an amount of Fifteen Hundred Dollars ($1,500.00)
per month as basic child support for the benefit of the parties
two (2) minor children, payments commencing on January 1, 2008.
In addition, Husband and Wife acknowledge that Wife will
continue to provide health insurance through her employer.
Unreimbursed medical expenses that exceed $250.00 annually per
child shall be paid 75% by Husband and 25% by Wife. Wife is
responsible to pay the first $250.00 annually per child in
unreimbursed medical expenses.
In the event Husband unreasonably fails to make a child
support payment in accordance with this Agreement on or before
the first (1st) day of each month, this Agreement shall be
submitted to the Domestic Relations Office of Cumberland County
or any other county with appropriate jurisdiction for
enforcement purposes. In such event, each party agrees to
execute any documents as are required by the Domestic Relations
Office to effectuate the terms of this Agreement. Wife shall
deposit all checks paid by Husband as child support within seven
(7) days from receipt of such amount.
The parties hereto acknowledge that all issues concerning
the support of the minor children are presently resolved without
the necessity of attending a formal child support conference.
Notwithstanding the present circumstances and the terms of this
Agreement, Husband and Wife understand and acknowledge that
circumstances may necessitate an adjustment in the amount of
support either upwards or downwards, depending upon the child's
15
s
circumstances and the respective incomes or earning capacities
of the parties hereto in accordance with general support
standards. In the event Husband and Wife cannot agree upon the
amount of child support at any time hereafter, Husband and Wife
agree that nothing set forth in this paragraph or this Marital
Property and Settlement Agreement shall prejudice the right of
either party to file a petition for modification or entry of an
amount of child support, at any time, in any Court of
appropriate jurisdiction. It is the specific intent of the
parties that this Agreement is designed to avoid the present
filing of formal child support proceedings only, and any future
award of child support will be governed by the applicable
support guidelines and case law, whether or not such
determination results in an increase or decrease as to any
amount agreed upon herein.
13. CUSTODY
Husband and Wife agree and acknowledge as follows:
(i) Wife and Husband shall have shared legal custody of
the children, meaning that both parents shall have an equal
right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the childrens` well
being including, but not limited to all decisions regarding her
health, education and religion. Pursuant to the terms of this
Agreement, each parent shall be entitled to all records and
information pertaining to the children including, but not
limited to, school and medical records and information, as
available. To the extent one parent has possession or control
of such records, that parent shall be required to share the same
or copies thereof with the other parent within such reasonable
time as to make the records and information of reasonable use to
the other parent. If a child requires a major medical procedure
16
. . , .
or medical appointment for a significant illness, the Wife shall
notify the Husband fourteen (14) days in advance, or as soon as
the Husband himself receives notice.
(ii) Husband and Wife agree that Wife shall have primary
physical custody of the children in accordance with the terms of
this Agreement.
(iii) Wife and Husband agree that Husband shall have
periods of partial physical as follows:
(a) One night per week as agreed upon by Husband and
Wife, commencing at 4:00 p.m. and ending the
following day wherein he shall drop the children
off at school or at a mutually agreed upon
location no later than 9:00 a.m.; and
(b) Every other weekend, commencing on Friday at 3:00
p.m. and ending on Sunday evening at 7:00 p.m.;
and
(c) Christmas, Easter and Thanksgiving shall be
divided in two (2) separate periods and each
period shall be alternated on annual basis with
the understanding that these holidays shall be
shared meaning that both parents shall have a
substantial period of time with both children on
these holidays.
(d) Any other times Husband and Wife agree.
(iv) The parties will keep each other immediately advised
to any emergencies concerning the child and shall further take
any necessary steps to insure that the health and well being of
the child is always protected. The parties shall provide each
other with all home and work telephone numbers, as well as
current addresses for the residence of the child. Both parties
further agree to allow each other to speak with the child at any
and all reasonable times as set forth below.
17
. . 1 7
(v) Neither parent shall do anything which may estrange the
child from the other party, or injure the opinion of the child
as to the other party, or which may hamper the free and natural
development of the child's love or affection for the other
party.
14. SUBSEQUENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall not be and is/are not contingent
upon the granting of a Divorce Decree to either party by the
Court of Common Pleas of Cumberland County, Pennsylvania, or any
other Court of competent jurisdiction.
15. 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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
18
, ,
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property
by any court of competent jurisdiction pursuant to Section 3502
of the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any
right to seek a court ordered determination and distribution of
marital property, but nothing herein contained shall constitute
a waiver by either party of any rights to seek the relief of any
court for the purpose of enforcing the provisions of this
Agreement.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the
request of the other, execute, acknowledge and deliver to the
other party any and all further instruments that may be
reasonably required to give full force and effect to the
conditions of this Agreement.
18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions 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
19
. 2?
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this
Agreement.
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that noncompliance with any provision of this
Agreement permits either party to pursue appropriate legal
remedies, including sanctions as set forth in 23 Pa. C.S.A.
§3105.
Each party further hereby agrees to save and hold harmless
the other party from any and all attorneys' fees, costs and
legal expenses and expenses that either may sustain, or incur or
become liable or answerable for, in any way whatsoever, or shall
pay upon, or in consequence of, any default or breach by the
other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way
whatsoever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must
first be successful in whole or in part, before there would be
any liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the
parties that a breaching or wrongdoing party shall bear the
burden and obligation of any and all costs and expenses and
counsel fees incurred by the other party in endeavoring to
protect and enforce his or her rights under this Agreement.
20
'I s t f
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the
exercise of a remedy one or more times shall not exhaust its use
or prevent further pursuit of such remedy.
20. ATTORNEY FEES AND COSTS
Husband and Wife shall each assume their respective
counsel fees as part of the divorce action commenced in the
case.
21. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
22. 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.
23. APPLICABLE LAW
This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania. For contract interpretation
parties, this Agreement was prepared jointly by both parties.
24. VOID CLAUSES
If any term, conditions, 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.
21
a , .
25. BINDING AGREEMENT
This Agreement shall be binding and shall extend to
the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
WITN SS:
I M'Xv-ez?
ith A. Bolash
(SEAL)
,q,4 ,; a/kVCC laL ?{?-?. (SEAL)
Susan E. Bolash
22
"L . _ r
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the 40 day of b-e I,,-- r , 2007, before
me, the undersigned officer, personally appeared Keith A.
Bolash, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NotwW Seel
Tina M, Robertson, Notary pubk
East onn E*M?Ii 18,2011
Member, Penruy{vanla Aswolallon starwa
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND :
On this, the IC14"" day of J°Ce" ZUei-- , 2007,
before me, the undersigned officer, personally appeared Susan E.
Bolash, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal.
otary Publi
My Commission Expires:
POW. YAM
23 Rf CW MNISIA 6?NIes Now 12, X10
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
KEITH A. BOLASH,
Plaintiff
VS.
SUSAN E. BOLASH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 3264 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on May 31, 2007.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE:
Kerith A. BoMsh
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Sox 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
KEITH A. BOLASH,
Plaintiff
VS.
SUSAN E. BOLASH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 3264 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on May 31, 2007. I acknowledge accepting
service of the divorce complaint on June 5, 2007.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE : i /)9 1 f (D7
Susan E. Bolash
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
KEITH A. BOLASH,
Plaintiff
VS.
SUSAN E. BOLASH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
. 07 - 3264 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of
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 decree 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.A. Section 4904
relating to unsworn falsification to the authorities.
DATE : 12- ? 19 1 J07 1-_ a l k !F Tz -e -4 ?
Susan E. Bolash
C= C7
rn
O
ma
tr; c
-
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
KEITH A. BOLASH,
Plaintiff
VS.
SUSAN E. BOLASH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 3264 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
53301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of
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 decree 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.A. Section 4904
relating to unsworn falsification to the authorities.
r'
DATE : 1?9
eith A. Bolash
C ?
-
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, m fr
C:l
4 9 et 4fHf
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
Sys N 0 LA-!;I* f CIVIL DIVISION
NO. D 7 - 3,'1,6 y CIVIL TERM
PRAECIPE TO 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 §3301(c)
1N)j4P0fXAmX0)w0)W-
(Strike out inapplicable section).
2. Date and manner of service of the complaint: 4-G C e 0 1-" e-c o G SerW I L
D e,?erl Ar,A I ? o n J y?? Z0 D 1
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
b y plaintiff 12- I Z O ) 0q by defendant 121 q W)
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code: Al /,*-
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
NltX
4. Related claims pending: ^? o,T M 64 2?- ?p w5,vo4 A e*ceAi4?/? Zy0?
?'lril?lN?l ?G? /S ?lor??aT?v? 4 i1
jCrGr U? C?IP //O???""l ? Ille t9G?1- AflPil il
It, r rovied eee ail ID!!/M
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached: AY101
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: !L l z-&)/ Z)7
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: jzlz aJ 61
A.'ev e - 9?-8 -
Attorney for PlaintiffDefendant
C- rn
>
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
KEITH A. BOLASH,
Plaintiff
VS.
SUSAN E. BOLASH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07-3264 CIVIL TERM
IN DIVORCE
ORDER OF COURT
IN RE: ALIMONY
S1 AND NOW, this 10 day of 0 &L GiM 6 V- 2007, is hereby
ordered and Decreed that Plaintiff, Keith A. Bolash, Pro Se,
shall pay Defendant, Susan E. Bolash, alimony in the amount of
$500.00 per month in accordance with the terms of paragraph 11
of their Separation and Property Settlement Agreement dated
December 19, 2007 which shall be incorporated but not merged in
the Divorce Decree.
Keith A. Bolash, Plaintiff
Pro Se
Andrew C. Sheely, Esquire
Attorney for Susan E. Bolash, Defendant
co 1 es M'2
;L/*,C>7
?:?q
BY THE COURT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
KEITH A. BOLASH, Plaintiff
VERSUS
SUSAN E. BOLASH,
Defendant
No. 07 - 3264
civil
DECREE IN
DIVORCE
AND NOW, ye.Left " 11 2.007, IT IS ORDERED AND
DECREED THAT
AND
KEITH A. BOLASH
SUSAN E. BOLASH
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, DEFENDANT,
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; Alimony payments pursuant to December 19, 2007
Separation and Property Settlement Agreement which is incorporat
but not merged in the Decree in Divorce.
BY THE COURT: *--t ?
'Vl
ATTEST:
J.
PROTHONOTARY
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