Loading...
HomeMy WebLinkAbout03-4996WILLIAM T. WALTON, Plaintiff VS. BARBARA L. WALTON, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY * PENNSYLVANIA NO. 499k, `CIVIL ACTION-LAW IN 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 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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. MIDPENN LEGAL SERVICES 8 IRVINE ROW CARLISLE, PA 17013 1-800-822-5288 WILLIAM T. WALTON, * IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, * PENNSYLVANIA VS. * NO. b3 -4?9L ?io?C' s *Ivl * BARBARA L. WALTON, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is William T. Walton who currently resides at 411 S. High Street, Apt. #1, Mechanicsburg, PA 17055. 2. Defendant is Barbara L. Walton who currently resides at 1420 S. Mountain Road, Dillsburg, PA 17019. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on December 9, 1982. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT 11. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken. 14. The parties are 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 years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 20. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: BY;-_,.j /. /- k 'Stephanie L. Mihalko, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 Supreme Court ID#86998 Attorney for Plaintiff Date: 9 / / ?/ Q-? VERIFICATION I, Stephanie L. Mihalko, Esquire, verify that the contents of the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I am authorized to respond based upon information provided by William T. Walton and in my capacity as his counsel. I understand that I am subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities for any false statements that I made in the foregoing document. Date: 9/ / */e -? GAP) Step anie L. Mihalko, Esquire a r -? O O ? ? P d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. BARBARA L. WALTON, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Barbara L. Walton, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which endorsed Complaint was filed in the above captioned matter on September 19, 2003. Date: Dctb"Dex I a bpi?ra- l? BARBARA L. WALTON 1420 South Mountain Road Dillsburg, PA 17019 C rJ 0 ? 'C tit > T.. _.,t U?,':C SD l'?7 _T OD < 'x. WILLIAM T. WALTON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO: 03-4996 BARBARA L. WALTON, Defendant : CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Plaintiff; William T. Walton, in the above captioned action. Date: BRIAN C. MSENBACH, ESQUIRE PA. Supreme Court ID No. 87360 Attorney for Plaintiff Schrack & Linsenbach Law Offices 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 (7117) 432-9733 Fax(717)432-1053 SCHRACK & LINSEnACH LAW .1:. CG 1 t ' c-- J N q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff V. BARBARA L. WALTON, Defendant NO. 03-4996 CIVIL CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against he 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 impor or visitation of your children. When the ground for divorce is indignities or irretrievable breakdo request marriage counseling. A list of marriage counselors is avai Prothonotary at the Cumberland County Courthouse, One Courthouse Sc IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PRO EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GR RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 to you, including custody of the marriage, you may le in the Office of the re, Carlisle, PA 17013 COUNSEL FEES OR YOU MAY LOSE THE DO NOT HAVE A LAWYER -H BELOW TO FIND OUT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL V. BARBARA L. WALTON, Defendant CIVIL ACTION - LAW DIVORCE AND NOW, comes the Defendant, Barbara L. Walton, by her att rney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff's Complai t in Divorce as follows: 7 1. Admitted. It is admitted that Plaintiff is William T. Walton wh?O resides at 411 S. High Street, Mechanicsburg, PA . 2. Admitted. It is admitted that Defendant is Barbara L. Walton, ?vho currently resides at 1420 S. Mountain Road, Dillsburg, York County, PA 17019. 3. Admitted. It is admitted that Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months previous to the filing of this Complaint. It is also averred that Defendant has been bona fide resident in th Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Admitted. It is admitted that Plaintiff and Defendant were 1982 at Mechanicsburg, Cumberland County, Pennsylvania. 5. Admitted. It is admitted that neither Plaintiff nor Defendant is Services of the United States or any of its Allies within the provis Sailors' Civil Relief Act of the Congress of 1940 and its amendn 6. Admitted. It is admitted that there have been no prior actions between the parties. on December 9, member of the Armed ns of the Soldiers' and divorce or annulment 1- 7 Admitted. It is admitted that Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. It is further averred that Defendan has been advised that counseling is available and that Defendant may have the right t request that the Court require the parties to participate in counseling 8. Denied. It is denied that there are no children of the parties ho are under the age of eighteen. On the contrary it is averred that the parties have tw children under the age of eighteen. PLAINTIFF'S COUNT I 9 10. Defendant incorporates by referenced the answers to paragraph 1 though 8 of Plaintiff's Complaint the same as if fully set forth herein at length. Admitted. It is admitted that the marriage of the parties is 11. Admitted. It is admitted that after ninety (90) days have eta filing of the Complaint, Plaintiff intends to file an affidavit < It is also admitted that Plaintiff believes Defendant may also My broken. from the date of the -nting to the divorce. such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce aft r ninety (90) days have elapsed from the date of the filing of this Complaint, and all eco omic issues have been resolved, Defendant respectfully requests the Court to enter a Decre of Divorce pursuant to Section 3301(c) of the Divorce Code. PLAINTIFF'S COUNT II 12. Defendant incorporates by referenced the answers to p Plaintiff's Complaint the same as if fully set forth herein at 13. Admitted. It is admitted that the marriage of the parties is 14. Admitted. It is admitted that the parties are living separate appropriate time Plaintiff will submit an affidavit alleging tha separate and apart for at least two years as specified in Sectioi Code. phs 1 though 11 of bly broken. and apart and at the the parties have lived 3301(d) of the Divorce -2- WHEREFORE, Defendant respectfully requests this Honorable Court to pursuant to Section 3301(d) of the Divorce Code at the appropriate PLAINTIFF'S COUNT III iter a Decree of Divorce 15. Defendant incorporates by referenced the answers to paragraphs 1 though 14 of Plaintiff's Complaint the same as if fully set forth herein at length. 16. Admitted. It is admitted that Plaintiff requests this Court to equ table divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration f all relevant factors. WHEREFORE, Defendant respectfully requests this Honorable Cour14 to enter an order of equitable distribution of marital property. PLAINTIFF'S COUNT IV 17. Defendant incorporates by referenced the answers to paragraphs 1 though 16 of Plaintiff's Complaint the same as if fully set forth herein at len th. 18. Admitted. It is admitted that the public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlem nt of their differences. 19. Admitted. It is admitted that no settlement has been reached 4nd that Plaintiff is and has always been willing to negotiate a fair and reasonable settle ent of atl matters with Defendant. 20. Admitted. It is admitted that to the extent a written settleme it agreement might be entered into between the parties prior to the time of hearing on his Complaint, Plaintiff desires that such written agreement be approved by the Court an incorporated into any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between he parties prior to the time of hearing on this Complaint, Defendant respectfully requests th t, pursuant to Section 3104 of the Divorce Code, the Court approve and incorporate such greement in the final divorce decree. -3- DEFENDANT'S COUNTERCLAIM DEFENDANT'S COUNT I DIVORCE 21 Defendant incorporates by references the averments set forth in Paragraphs 1-20 herein the same as if said Answers were set forth at length. 22. This action is not collusive. 23. Defendant avers that the grounds on which the action and t based are that the marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a de the Plaintiff and Defendant. DEFENDANT'S COUNT II EQUITABLE DISTRIBUTION 24. The Defendant incorporates by reference the averments set herein as fully as though the same were set forth at length. 25. Plaintiff and Defendant have acquired property and debts, both their marriage until present, all of which is "marital property". claim for divorce are in divorce, divorcing in Paragraphs 1-23 and personal, during 26. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 27. Plaintiff and Defendant have been unable to agree as to an a uitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable Court to equitably c and debts of the parties. DEFENDANT'S COUNT III ALIMONY PENDENTE LITE. ALIMONY 28. The Defendant incorporates by reference the averments set ide all marital property h in Paragraphs 1-27 -4- herein as fully as though the same were set forth at length. 28. Defendant lacks sufficient property to provide for her reason to support herself through appropriate employment. 29. Defendant requires reasonable support to adequately mair with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an lite until final hearing and hereafter enter an award of alimony pi DEFENDANT'S COUNT IV COUNSEL FEES AND COSTS 30 31 32 The Defendant incorporates by reference the averments set herein as fully as though the same were set forth at length. Defendant has employed legal counsel but is unable to pay the attorney's fees for said counsel. ry and reasonable The Defendant is in need of hiring various experts to appraise th parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Honorable Court to enter an a and of interim counsel fees, costs and expenses and to order such additional sums hereaf er as may be deemed necessary and appropriate and at final hearing to further award such dditional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully subm DIANE G D0.-- ESQUIRE ?8?frindle Roa-d damp-Hf ",A 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant Date: means and is unable herself in accordance -d of alimony pendente nently thereafter. in Paragraphs 1-29 -5- VERIFICATION I verify that the statements made in this Answer and Co4nterclaim to Divorce Complaint are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to i authorities. BARBARA L. falsification to Date: CERTIFICATE OF SERVICE C.' AND NOW, this 6 day of 2005, I, DIANE G certify that I have this day served a copy of the within ANSWER AND DIVORCE COMPLAINT upon the Plaintiff's attorney, Brian C. Li same by first class mail, postage prepaid, addressed as follows: Brian C. Linsenbach, Esquire Schrack Et Linsenbach 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019 Respectfully submi Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32 12 Attorney for Defendan :LIFF, ESQUIRE, hereby TO THE , Esquire, by mailing r ? Q r ILI j WILLIAM T. WALTON, Plaintiff V BARBARA L. WALTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4996 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF BARBARA L. WALTON Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Cou ID #32112 i Dated: BARBARA L. WALTON, DEFENDANT Dated: 4 Cubs ASSETS AND LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real Property and Real Estate Mortgages (X) 2. Motor Vehicles and Vehicle Liens () 3. Stocks, Bonds, Securities and Options () 4. Certificates of Deposit (X) 5. Checking Accounts, Cash (X) 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of Safe Deposit Boxes () & Trusts () 9. Life Insurance Policies () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, Copyrights, Inventions, Royalties () 14. Personal Property Outside the Home () 15. Business () 16. Employment Termination Benefits-Severance Pay, Worker's Compensation () 17. Profit Sharing Plans (X) 18. Pension Plans (indicate employee contribution and date plan vests) () 19. Retirement Plans, Individual Retirement Accounts () 20. Disability Payments () 21. Litigation Claims (matured and unmatured) () 22. MilitaryN.A. Benefits () 23. Education Benefits () 24. Debts Due, including loans, mortgages held (X) 25. Household Furnishings and Personalty () 26. Other Assets (X) 27. Loans, Credit Cards and Other Debts Page 2 INFORMATIONAL NOTES AND CODES 1. "I" denotes that the entry (value) is verified by a document. 2. "V denotes documents/information to be supplied by a party. 3. "U" denotes an item about which a decision is required. 4. "W" preceding an entry denotes non-marital property not subject to equitable distribution. 5. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 6. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. Page 3 SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES DESCRIPTION HUSBAND WIFE Name William T. Walton Barbara L. Walton Maiden Name Atkinson Address 225 Maple Lane Mechanicsburg, PA 17055 1420 S. Mountain Road Dillsburg, PA 17019 Home Phone (717) 691-9098 (717) 432-8433 Cell Phone No. -- (717) 751-5174 Work Phone No. (717) 605-1031 (717) 432-8691 E-mail -- -- Date of Birth 12/21154 9/20/54 Age 50 50 Place of Birth St. Augustine, FL Salzburg, Austria Race Caucasian Caucasian Health Status Good Good Educational Background High School Graduate BS-Elementary Education Names and Relationship of Persons Living with Party None JenniferWalton/Daughter Jaycie Walton/Daughter Date Party Moved to Current Residence 415103 1986 Date PA Residency Began 1964 1976 Current Military Service N/A NIA Employer's Name and Address Navy Depot Mechanicsburg, PA 17055 Northern School District Occupation (Job Position) Computer Specialist Teacher Date Employment Commenced 112/79 October 1, 2003 Est Annual Income $94,5211year (End 2004) $32,000/year Page 4 TABLE #1-B MARRIAGE INFORMATION DESCRIPTION INFORMATION Date of Marriage 12/9/82 Place of Marriage Mechanicsburg, Cumberland County, PA Date of Separation 4/5/03 Grounds for Divorce No Fault Prior Divorce Actions Between Parties Husband left for 6 months approximately 5 years ago; no divorce filed Number of this Marriage for Wife 2 Number of this Marriage for Husband 2 TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE DATE OF BIRTH SCHOOL GRADE CUSTODIAN OR EMANCIPATION Jessica Walton 19 4/28/85 Emancipated Emancipated Jennifer Walton 17 11/5/87 111° Wife Jaycie Walton 15 12/13/89 9'h Wife TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Name of Party Paying Support Husband Beneficiaries of Support Wife and 2 children Amount of Support $1,635.77/month Allocation $543.53 per child $479.721month spousal support Agreement or Order Order Date of Agreement or Order November 24, 2003 Effective Date of Order 11/1/03 Docket Number of Support Order 00489 S 2003; PACKS # 322105520 Comments: Page 5 TABLE #1-E PRIOR MARRIAGES PARTY NUMBER OF MARRIAGE DATE OF TERMINATION MANNER OF TERMINATION Wife 1 TBD Divorce Husband 1 TBD Divorce TABLE #1-F CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES PARTY NAME OF CHILD DATE OF AGE CUSTODIAN OR BIRTH EMANCIPATION' N/A N/A N/A N/A NIA TABLE #1-G SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP DESCRIPTION INFORMATION' INFORMATION Name of Party Paying Support N/A N/A Beneficiaries of Support N/A N/A Allocation N/A N/A Agreement or Order N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A Page 6 TABLE #1-H PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date September 19, 2003 Date of Service TBD Manner of Service TBD Type of Divorce Requested 3301(c) No Fault; 3301(d) No Fault Economic Claims Raised Equitable Distribution; Incorporation of Marital Agreement ANSWER, COUNTERCLAIM AND/OR OTHER' PLEADING RAISING' ECONOMIC` CLAIMS Type of Pleading Answer & Counterclaim Pleading Filing Date April 6, 2005 Type of Divorce Requested 3301(c)13301(d) Economic Claims Raised Equitable Distribution; APL; Alimony, Counsel Fees and Costs INCOME AND EXPENSE STATEMENTS Plaintiffs 1&E Statement Filing Date Defendant's ME Statement Filing Date 4/11/05 INVENTORIES Plaintiffs Inventory Filing Date Defendant's Inventory Filing Date 411105 3301 C DOCUMENTS Plaintiffs 3301(c) Affidavit Date Plaintiffs 3301(c) Affidavit Filing Date Defendant's 3301(c) Affidavit Date Defendant's 3301(c) Affidavit Filing Date Plaintiffs 3301(c) Waiver of Notice Date Plaintiffs 3301(c) Waiver Filing Date Defendant's 3301(c) Waiver of Notice Date Defendant's 3301(c) Waiver Filing Date Page 7 TABLE #1-H PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date of In House Separation N/A Date of Physical Separation 4/5/03 In House 2 Year Separation Date 4/5/05 Physical2 Year Separation Date Plaintiff's 3301(d) Affidavit Date Plaintiffs 3301(d) Affidavit Date Filing Date 3301(D) Affidavit Service Date Manner of Service of 3301(d) Affidavit Date of Plaintiffs Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Plaintiffs Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Service Date Manner of Service of Plaintiffs Notice to Request Entry of Divorce Decree and 3301(d) Counter-Affidavit BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A PREVIOUSLY RESOLVED ISSUES Issue #1 Resolution Spousal and child support Issue #2 Resolution Page 8 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS (Physical): 4/5/03 Date Prepared: April 8, 2005 SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: TABLE &A - MARITA?AsSETS AND DEBTS Ba A e 62 S RR ti on g e rement KK NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H % W% ADJUST ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE PAY DUE PAY DUE VERIFIED HUSBAND WIFE , .... R-1 1420 S. Mt. Rd. 9.20.02-1 137,450 137,450 0.40 0.60 54,980 0 Dillsburg, PA 17019 R-1 Members 1" Mtg 2.9.044 (122,706) (122,706) 0.40 0.60 (49,082) 0 R-1 Est. Sales Cost (9,622) (9,622) 0.40 0.60 (3,849) 0 7% Comments: * 1.5.04 Jack Gaughen CMA @ $123,000-$129,900-1; * 9.18.02 appraised value @ $145,000 4. Above Value is average of 129,900 and 145,000 * 1" mortgage payment @ $829.72 = $682.25 P&I and $147.47 escrows R-2 Virginia Beach Est.. 4,268 4,268 0.40 0.60 0 2,561 Time Share R-2 Mortgage 1.1.041 (2,268) (2,268) 0.40 0.60 0 (1,361) R-2 Est. Sales Cost (299) (299) 0.40 0.60 0 (179) 7% Comments: * Husband estimates net equity value @ $2,000.00 * 1s` mortgage payment @ $146.16 n /s xyy? - + h: : t3 ! + h6 + ! ' ,. . : , .... , a . .+: h .. ..:.1.. s , s ,..._ {..,. 1; ,. ..., V-1 1999 Toyota 4.27.044 8,400 8,400 0.40 0.60 0 5,040 Camry V-1 Member's 151 3.7.034 (11,043) (11,043) 0.40 0.60 0 (6,626) Comments: Sold by Husband 4.27.04 @ $8400 with loan pay off of $11,042.58 for a negative of ($2,642.58) 4 V-2 H's BMW 3 series Est 10,000 10,000 0.40 0.60 0 6 000 318i SDN , V-2 Members 15' loan 4.5.031 (13,470) (13,470) 0.40 0.60 0 (8,082) Comments: * Monthly loan payment @ $// # Husband to supply information necessary to complete NADA or KBB valuation Page 9 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 D DEBTS TAB Base R t e d on Age 62 CSRS i em NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H% W% ADJUST ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE PAY DUE PAY DUE VERIFIED HUSBAND WIFE •i t : t , siF}4ir? ? `"" " ? } ? " t? ! ?` ! I::? '? ! i .,::. : .. .,.. . .. .. .. ? +':+?,.^ltT :?tk.k?. 0+°' ih kl ,t 1 i?' ! } A-1 Members 151 4.5.031 331 331 0.40 0.60 132 0 Checking #3551 A-1 Members 1" 41.031 643 643 0.40 0.60 257 0 Savings #3551 -- Comments: Wife primary on this account. A-2 H's Adams County 4.8.031 177 177 0.40 0.60 0 106 National Bank #7595 Comments: A-3 H's Members 15' 4.5.031 1,503 1,503 0.40 0.60 0 902 Checking #485 A-3 H's Members 1s' 4.3.031 363 363 0.40 0.60 0 218 Savings. #485 Comments: IT - .: t tiu lat ,}{ t t C Vtl `I`A' tI}i{!i}1 : ? MM t` H ' ` `i? HH . , .1 ?t6 {t t R-1 H's CSRS 2.15.051 184,355 184,355 0.50 0.50 0 92,178 R-1 Est Taxes @ //% 0.50 0.50 0 0 -- Comments: 2.15.05 value as per Harry Leister: *Age 55 @ 374,452; *Age 60& 229,790; *Age 62 @ 184,355 *Wife su ests dividin marit l t ll d f " " gg g a por ion equa y on e erred basis. SEE CALCULATIONS ON EXHIBIT A ATTACHED TO THIS INVENTORY R-2 TSP Account 4.30.031 16,007 16,007 0.50 0.50 0 8,003 R-2 TSP Loan 47009 4.23.031 (8,461) (8,461) 0.50 0.50 0 (4,231) R-2 TSP Loan #8185 4.11.031 (3,766) (3,766) 0.50 0.50 0 (1,883) R-2 Est Taxes @ //% 0 0 0.50 0.50 0 0 Comments: I K1, RI ... .. !t t t : '' ?1Lt 9 pper}}"' r,9?Ii?r t?t11 Vt I ?1,?tl?i?? I! t t? `'ffbTt;E?f it t ! t c41 i `i d `: AA? `k ?? ?!" " r ' ?? ? o .+, . t ....t i ry . . n?}sak r .'..1r1!. pLlf?'!'*tlT" ." i4?J> ! HG- H's Personalty TBD TBD 0.40 0.60 0 0 1 Comments: 1t The parties need to decide if an appraisal is required or if as is distribution is acceptable; or if an exchange of items is requested. Page 10 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 TABLE #2 -A. MARITfiAggg Based on A 62 SRS ETS AND DEBTS R i ge et rement NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H% W% ADJUST ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE PAY DUE PAY DUE VERIFIED HUSBAND WIFE HG- W's Personalty Est. 2,000 2,000 0.40 0.60 800 0 2 Comments: X The parties need to decide if an appraisal is required or if as is distribution is acceptable; or if an exchange of items is requested. f ?y a. It`111 AFlb li"1 ... ".. '.. it .,;w D-1 H's Bank One 3.30.031 (3,982) (3,982) 0.40 0.60 0 (2 389) , Visa #3187 -- Comments: 3.30.03 @ $3,981.95 = 4/03 previous balance @$4,181.95-3.30 payment @ $2001 D-2 H's USAir Visa 4.3.031 (1,291) (1,291) 0.40 0.60 0 (774) #7391 Comments: D-3 H's Members 1" 4.23.031 (8,799) (8,799) 0.40 0.60 0 (5 279) Visa #4857 , Comments: D-4 H's Citibank 4.8 .031 (2,400) (2,400) 0.40 0.60 0 (1 440) MasterCard #2117 , -- Comments: D-5 H's Members 1s` 4.8.031 (6,143) (6,143) 0.40 0.60 0 (3 686 ) PSL #485 , Comments: TOTALS Total of Assets and Liabilities 171,248 163,152 8,097 3,239 79,077 IIET ' t([E'1P#?IS`TIEI )1`a : .:. ,..,. .. , .. .. A. ,,, ! v..... , : e ,a, - ii Adjustment payment due party from above .. . ,i ., 3,239 79,077 Less adjustment payment due other party from above (79,077) (3,239) NET LINE ITEM ADJUSTMENTS (75,839) 75,839 PERCENTAGE OF DIVISION WITHOUT LINE ITEM ADJ USTMENT S Totals from Above 171,248 163,152 8,097 Percentage of Total 95.27% 4.73% Page 11 • William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 TABl?a sed on Ag I62 CSRS Retireme DEBTS NO. DESCRIPTION OF DATE PROPOSED PROPOSED H% W% ADJUST ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE PAY DUE PAY DUE VERIFIED HUSBAND WIFE ADJUSTMENT FOR OVERALL $0150 DIVISIO N Totals from above 171,248 163,152 8,097 Amount Due in 50/50 Division 85,624 85,624 Adjustment Figure for 50/50 (77,528) 77,528 ADJUSTMENT 'FOR OVERALL 45155 DIVISIO N Totals from above 171,248 163,152 8,097 Amount Due in 45/55 Division 77,062 94,186 Adjustment Figure for 45155 (86,090) 86,090 ADJUSTMENT FOR OVERALL 40160 DIVISIO N Totals from above 171,248 163,152 8,097 OZI 4A 41XI //A Amount Due in 40/60 Division 68,499 102,749 Adjustment Figure for 40160 (94,652) 94,652 Adjustment payment for 50/50 (77,528) 77,528 Adjustment payment for 45155 (86,090) 86,090 Adjustment payment for 60/40 (94,652) 94,652 Page 12 SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of t e parties:', z Defendant does not believe the distribution of personal property is in dispute. Therefore Tables #3-A and # 3-B have not been completed. Defendant reserves the right to complete these tables at a future date. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION N0. DESCRIPTION OWNER POSSESSOR DATE OF VALUE VALUE BASIS FOR EXCLUSION IF NOW MARITAL TBD H & WHu band Comments: H & WH band Comments: TOTAL HUSBAND'S POSSESSION TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR DATE OF VALUE VALUE BASIS FOR EXCLUSION IF NOW MARITAL TBD H & W Wife Comments: H & W Wife Comments: TOTAL WIFE'S POSSESSION Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Defendant unless otherwise noted. Page 13 SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties:',' Defendant is not aware of any non-marital assets and therefore Table #4 has not been completed. Defendant reserves the right to complete this table at a future date. TABLE #4 NON-MARITAL PROPERTY AND DEBTS NO. DESCRIPTION OWNER POSSESSOR DATE OF VALUE VALUE BASIS FOR EXCLUSION IF NOW MARITAL TBD H & W Comments: H&W Comments: H&W Comments: H&W Comments: H&W Comments: H&W Comments: H&W Comments: 'Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 'The value of each item has been estimated by Defendant unless otherwise noted. Page 14 SECTION V. PROPERTY TRANSFERRED The following Table #5 is Defendant's listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: TABLE #5 PROPERTY TRANSFERRED NO. DESCRIPTION OF PROPERTY TRANSFER DATE CONSIDERATION TRANSFEROR TRANSFEREE 1 H's Toyota TBD See Table 2 Husband TBD -- Comments: Comments: Comments: Comments: Comments: Page 15 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on April 11, 2005, 1 served a copy of the within Inventory, by mailing same by first class mail, postage prepaid, addressed as follows: Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019 Page 16 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant EXHIBIT "A" William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 The following Tables #2-A through #2-C sets forth the listing of the marital assets and debts of the parties and the calculations regarding division of Husband's retirement plan: TABLE #2 -A- MARITAL ASSETS AND DEBTS Based on Age 62 CSRS Retirement NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H % W11, H ADJUST W ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE VERIFIED {Y I, t} {r lt M r7?+t t {ii 0 I}iii I 'yM? I {,}p,?, {P' tt }? h , it l f ! ! 3Y i tlt, ,,,1, ..?^" ,1i`II??!+ ,. "t :_.....v,..:. R-1 1420 S. Mt. Rd. 9.20.021 137,450 137,450 0.40 0.60 54,980 0 Dillsburg, PA 17019 R-1 Members 1" Mtg 2.9.041 (122,706) (122,706) 0.40 0.60 (49,082) 0 R-1 Est. Sales Cost (9,622) (9,622) 0.40 0.60 (3,849) 0 7% R-2 Virginia Beach Est.. 4,268 4,268 0.40 0.60 0 2,561 Time Share R-2 Mortgage 1.1.041 (2,268) (2,268) 0.40 0.60 0 (1,361) R-2 Est. 7% Sale Cost (299) (299) 0.40 0.60 0 (179) tt l` HER 11lI? n`2r t k 51 k 8 ` i ! vI{ ` i ,lyt s I " ++ , , „ ..::: ? :. .......:. ... ..t:..a: .. , . .t ..,,.,.._ : _,.. j ? it tt tt ! tt R t. t M T, V-1 1999 Toyota 4.27.041 8,400 8,400 0.40 0.60 0 5,040 Camry V-1 Member's 11' 3.7.031 (11,043) (11,043) 0.40 0.60 0 (6,626) V-2 H's BMW 3 series Est 10,000 10,000 0.40 0.60 0 6,000 318i SDN V-2 Members 1s' loan 4.5.031 (13,470) (13,470) 0.40 0.60 0 (8,082) ? ' I d}{Wi fi t I pli(i ,35 44rr Sk i ri I ?,. ? { ?yi6 ri tId 9,??{t ?$' + lT yrryy} , n 1 ;t t:: t t , } {, } ++ t ?, 5 ,: : „ , ..........: .. i, :.:TT{ „M Xe?R' `.., ! . SI' ,u.... {!li , ,m: u.. } Y t .. ... t .. .... :.a. ,:^.. A-1 Members 1l` 4.5.031 331 331 0.40 0.60 132 0 Checking #3551 A-1 Members 1s' 4.1.031 643 643 0.40 0.60 257 0 Savings #3551 A-2 H's Adams County 4.8.031 177 177 0.40 0.60 0 106 National Bank #7595 A-3 H's Members 1s` 4.5.031 1,503 1,503 0.40 0.60 0 902 Checking #485 A-3 H's Members 1s' 4.3.031 363 363 0.40 0.60 0 218 Savings. #485 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 TABLE #2 •A- MARITAL ASSETS AND DEBTS Based on Age 62 CSRS Retirement NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H % W% H ADJUST W ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE VERIFIED ! !{{" t pig ' + { ri4S !4'?:, i it?t, ^ R!'? k i { , j' + 'I ?'?I I t f}© ! tub{ ... ! T ??, t?{ ylyi !i t j?. V(I kttt+? t 1'+i?,li t?kh k k!{k! I{gi? { ! i111'Nk} - v fl i it+ ?i fi i ,.k i ii ` ! Ni R-1 H's CSRS Age 62 2.15.05-1 184,355 184,355 0.50 0.50 0 92,178 R-1 Est Taxes @ //% 0.50 0.50 0 0 R-2 TSP Account 4.30.03-1 16,007 16,007 0.50 0.50 0 8,003 R-2 TSP Loan #7009 4.23.03-1 (8,461) (8,461) 0.50 0.50 0 (4,231) R-2 TSP Loan 48185 4.11.03,1 (3,766) (3,766) 0.50 0.50 0 (1,883) R-2 Est Taxes @ //% 0 0 0.50 0.50 0 0 t I },-t E Oi ! + 3,a 4,?{ry? {{i r r I k !I +{ t i!i I! M E I i+pyS+, S i k t +I +I3 MQ 3,i, i !i t :' i i HG- H's Personalty TBD TBD 0.40 0.60 0 0 1 HG- W's Personalty Est. 2,000 2,000 0.40 0.60 800 0 2 i n'S i ! 5r•? ! {' +jy++a,t +i+ y`?1 ?3?tt? ikk ! r r? v 3 , I ', ! I E! {,?tr yp+yq?{ lr U, "'{ p , I c ii ! .4' , ,t, ii;' IS}l+ ,. . , .... TI. MR ,. M D-1 H's Bank One 3.30.03-1 (3,982) (3,982) 0.40 0.60 0 (2,389) Visa #3187 D-2 H's USAir Visa 4.3.03-1 (1,291) (1,291) 0.40 0.60 0 (774) #7391 D-3 H's Members 15' 4.23.03-1 (8,799) (8,799) 0.40 0.60 0 (5,279) Visa #4857 D-4 H's Citibank 4.8.03-1 (2,400) (2,400) 0.40 0.60 0 (1,440) MasterCard #2117 D-5 H's Members 1'' 4.8.03-1 (6,143) (6,143) 0.40 0.60 0 (3,686) PSL #485 TOTALS Total of Assets and Liabilities 171,248 163,152 8,097 3,239 79,077 " LIM KE , E i , " Adjustment payment due party from above 3,239 79,077 Less adjustment payment due other party from above (79,077) (3,239) NET LINE ITEM ADJUSTMENTS (75,839) 75,839 • William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 TABLE #2 -A- MARITAL ASSETS AND DEBTS Based on Age 62 CSRS Retirement NO. DESCRIPTION OF PROPERTY OR DEBT DATE AGREED VERIFIED VALUE PROPOSED TO HUSBAND PROPOSED TO WIFE H % W% H ADJUST W ADJUST PERCENTAGE OF DIVISI ON WITHOUT LINE ITEM ADJ USTMEN TS Totals from Above 171,248 163,152 8,097 Percentage of Total 95.27% 4.73% ADJUSTMENT FOR OVERAL L 50/50 DIVISIO N Totals from above 171,248 163,152 8,097 V/ZZ Amount Due in 50/50 Division 85,624 85,624 Adjustment Figure for 50/50 (77,528) 77,528 ADJUSTMENT FOR OVERAL L 45/55] DIVISIO N Totals from above 171,248 163,152 8,097 Amount Due in 45/55 Division 77,062 94,186 Adjustment Figure for 45/55 (86,090) 86,090 ADJUSTMENT FOR OVERAL L 40/60 DIVISIO N Totals from above 171,248 163,152 8,097 Amount Due in 40/60 Division 68,499 102,749 Adiustment Figure for 40160 (94,652) 94,652 Adjustment payment for 50/50 (77,528) 77,528 Adjustment payment for 45/55 (86,090) 86,090 Adjustment payment for 60/40 (94,652) 94,652 CALCU LATION OF ADJUSTMENT PAYMENT I%, OF RETIREME NT, V ALUE a@ AG E 62 Percentage Division Adjustment Payment Retirement Value Age 62 Percentage Adjustment payment is to retirement value 50/50 77,527.51 184,355.00 0.42 45/55 in wife's favor 86,089.91 184,355.00 0.47 40/60 in wife's favor 94,652.32 184,355.00 0.51 3 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 , ' ?: >`' 3 I3 E???F? i I'' •?r +?y ? °iI t? 3iI ?' i .?i ? ° i? 3! t: i' i , NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H% W% H ADJUST W ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE VERIFIED I AM ;' i t R C Sid {d 0 IG F' {! i 4 PH . - Eli P R-1 1420 S. Mt. Rd. 9.20.021 137,450 137,450 0.40 0.60 54,980 0 Dillsburg, PA 17019 R-1 Members 1" Mtg 2.9.041 (122,706) (122,706) 0.40 0.60 (49,082) 0 R-1 Est. Sales Cost (9,622) (9,622) 0.40 0.60 (3,849) 0 7% R-2 Virginia Beach Est.. 4,268 4,268 0.40 0.60 0 2,561 Time Share A R-2 Mortgage 1.1.041 (2,268) (2,268) 0.40 0.60 0 (1,361) R-2 Est. Sales Cost (299) (299) 0.40 0.60 0 (179) 7% ' i ' t 1L ?t db L? i? LI,! ?ili vgg i y ia'!t q'i if i'i c tl{ 19 y}>" 81li? iii 'n Hn. 10 i PH Ii 11 ? , i 11P t1,,i Ii Ii k? ?I I .'TP 31 y I i H ,*'{3{'? iii t 1(3 } { 11 l I li I I I I - 4 t L ssl ti {: L - K^ I I ?: EI 94 , a a IN ffl E T ,. . . , . _ . . , I V-1 H's 1999 Toyota 4.27.041 8,400 8,400 0.40 0.60 0 5,040 Camry V-1 Member's 1" 3.7.031 (11,043) (11,043) 0.40 0.60 0 (6,626) V-2 H's BMW 3 series Est 10,000 10,000 0.40 0.60 0 6,000 318i SDN V-2 Members 1" loan 4.5 03-f (13,470) (13,470) 0.40 0.60 0 (8,082) . ,4 ti l S I I 131 ((yip I,?P S{{'ii? ?ytplit t ? { ' t L t? i•L ,{?j i t { 411 { .ii. .... I _. .. .. ..:...... .. lk .. :. n..aL.n .. L _, .....,. .. ]!.\ i yi!( i „ 1 . T?.,,6 , A-1 Members 111 4.5.031 331 331 0.40 0.60 132 0 Checking #3551 A-1 Members 1" 4.1.031 643 643 0.40 0.60 257 0 Savings #3551 A-2 H's Adams County 4.8.031 177 177 0.40 0.60 0 106 National Bank #7595 A-3 H's Members 1s' 4.5.031 1,503 1,503 0.40 0.60 0 902 Checking #485 A-3 H's Members 1s' 4.3.031 363 363 0.40 0.60 0 218 Savings. #485 NO. DESCRIPTION OF DATE PROPERTY OR DEBT AGREED VERIFIED William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 OPOSE VALUE I TO PROPOSED HUSBAND I PTO WISED I H% I W% I H ADJUST I W ADJUST R-1 H's CSRS Age 60 2.15.054 229,790 229,790 0.50 0.50 0 114,895 R-1 Est Taxes @ //% 0.50 0.50 0 0 R-2 TSP Account 4.30.034 16,007 16,007 0.50 0.50 0 8,003 R-2 TSP Loan #7009 4.23.034 (8,461) (8,461) 0.50 0.50 0 (4,231) R-2 TSP Loan #8185 4.11.034 (3,766) (3,766) 0.50 0.50 0 (1,883) R-2 Est Taxes @ //% 0 0 0.50 0.50 0 0 HG- H's Personalty TBD TBD 0.40 0.60 1 0 0 HG- W's Personalty Est. 2,000 2,000 0.40 0.60 800 0 2 D-1 H's Bank One 3.30.034 (3,982) (3,982) 0.40 0.60 0 (2,389) Visa #3187 D-2 H's USAir Visa 4.3.034 (1,291) (1,291) 0.40 0.60 0 (774) #7391 D-3 H's Members V 4.23.034 (8,799) (8,799) 0.40 0.60 0 (5,279) Visa #4857 D-4 H's Citibank 4.8.034 (2,400) (2,400) 0.40 0.60 0 (1,440) MasterCard #2117 D-5 H's Members 1s' 4.8.034 (6,143) (6,143) 0.40 0.60 0 (3,686) PSL #485 Total of Assets and Liabilities 216,683 208,587 I 8,097 3,239 1 101 Adjustment payment due party from above 3,239 101,795 Less adjustment payment due other party from above (101,795) (3,239) NET LINE ITEM ADJUSTMENTS /on Saa1 ec SGa 5 NO. DESCRIPTION OF DATE PROPERTY OR DEBT AGREED VERIFIED Totals from Above Percentage of Total William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 VALUE I TOPROPOSED BAND I PTO W FED I H% I W% I H ADJUST I W ADJUST 216,683 208,587 8,097 96.26% 3.74% Totals from above 216,683 208,587 8,097 Amount Due in 50/50 Division 108,342 108,342 Adjustment Figure for 50150 (100,245) 100,245 Totals from above 216,683 208,587 8,097 Amount Due in 45/55 Division 97,507 119,176 Adjustment Figure for 45155 (111,079) 111,079 Totals from above 216,683 208,587 8,097 Amount Due in 40/60 Division 86,673 130,010 Adjustment Figure for 40160 (121,913) 121,913 Adjustment payment for 50/50 (100,245) 100,245 Adjustment payment for 45/55 (111,079) 111,079 Adjustment payment for 60/40 (121,913) 121,913 CALCul,.AT10N PA gJusTNII_N,T PAYMENT % OF RETIREMENT VALUE'@ AGE 60 Percentage Division Adjustment Payment Retirement Value Age 60 Percentage Adjustment payment is to retirement value 50/50 100,245.01 229,790.00 0.44 45/55 in wife's favor 111,079.16 229,790.00 0.48 40/60 in wife's favor 121.913 32 229 79n nn n sv 6 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 TAB as an gel S5 , 1,i 5 kTetlr mih 7 C S "-' NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H % W% H ADJUST W ADJUST PROPERTY OR DEBT AGREED TO HUSBAND I TO WIFE VERIFIED 777777 1? t i t4? i? iF t ti III ?It?-li I .. ? ? . t{t'fi. ?t]L"M i { Fti ? t? R. i { 4t t ?? t t j „{{} /T?yi to {:?E^?' tj t i- I{??ttt ? M ,fit ?tlt?? ?? t?tt}L Se}?? ??il h?.?t ..: Mi. Hn ,Nuu .mmm= .... ... .. * . .. ! 91i :, i ,.. R-1 1420 S. Mt. Rd. 9.20.02-1 137,450 137,450 0.40 0.60 54,980 0 Dillsburg, PA 17019 R-1 Members 151 Mtg 2.9.044 (122,706) (122,706) 0.40 0,60 (49,082) 0 R-1 Est. Sales Cost (9,622) (9,622) 0.40 0.60 (3,849) 0 7% R-2 Virginia Beach Est.. 4,268 4,268 0.40 0.60 0 2,561 Time Share A R-2 Mortgage 1.1.044 (2,268) (2,268) 0.40 0.60 0 (1,361) R-2 Est. Sales Cost (299) (299) 0.40 0.60 0 (179) 7% d t ? i { ,.f,33t. t ?41h Ft? ? 4 II ??ti (I, Itt?I I i Ii T:' I? Cii L(i??{ti?)t}?,?.,' SI1? j i 'I is i N 4 IIr tf ? h ?irE pp I t , I 3i =MMMM .... ?,•r""" , r , 9(?L*£!q, , i ,v rM It V-1 1999 Toyota 4.27.044 8,400 8,400 0.40 0.60 0 5,040 Camry V-1 Members 1" 3.7.034 (11,043) (11,043) 0.40 0.60 0 (6,626) V-2 H's BMW 3 series Est 10,000 10,000 0.40 0.60 0 6,000 3181 SDN V-2 Members 1'` loan 4.5.034 (13,470) (13,470) 0.40 0.60 0 (8,082) 9 l i1 4ib y'I I A 1 it t ?I #k C C :rn J d t160III i I ?k xk l k i? ( 1 ]? G Ipi i i U I s1( id I t' i i t t 1,tIes+it, 1 4 t } ' •- ..... ._ ?:: i . i:.t._.. ......I IP I tr [F? _. :, k.? i :a::: ... ........ .... ik :.. fig .n. .:.i..:.,..+"} . ..:.: t ?! I t.... . ,m,.., . . . I i. A-1 Members 11' 4.5.034 331 331 0.40 0.60 132 0 Checking #3551 A-1 Members 1" 4.1.034 643 643 0.40 0.60 257 0 Savings #3551 A-2 H's Adams County 4.8.034 177 177 0.40 0.60 0 106 National Bank #7595 A-3 H's Members 1" 4.5.03-1 1,503 1,503 0.40 0.60 0 902 Checking #485 A-3 H's Members 1" 4.3.034 363 363 0.40 0.60 0 218 Savings. #485 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 NO. DESCRIPTION OF DATE VALUE PROPOSED PROPOSED H % W% H ADJUST W ADJUST PROPERTY OR DEBT AGREED TO HUSBAND TO WIFE VERIFIED I .. {i I, t Ii t! ! I ! !t! i 'i d 't? h ' t/{! hhp.!µ.; t 'i i iit fi ! 3 Igr i i{ ?) t! ! !t t I (t i.: R ^ NMM= ffliffl lgi ^rt.T M l ! d, i l t l i tl 'nIu -,, t 4) I .f. t_Il :.: .; R-1 H's CSRS Age 55 2.15.054 374,452 374,452 0.50 0.50 0 187,226 R-1 Est Taxes @ //% 0.50 0.50 0 0 R-2 TSP Account 4.30.034 16,007 16,007 0.50 0.50 0 8,003 R-2 TSP Loan #7009 4.23.034 (8,461) (8,461) 0.50 0.50 0 (4,231) R-2 TSP Loan #8185 4.11.034 (3,766) (3,766) 0.50 0.50 0 (1,883) R-2 Est Taxes @ 0 0 0.50 0.50 0 0 t { {t,4i4{ u I{ 33 {? !?? i 3 i LI?s ? 2Y t G.??2 i h„ tl itit MI !i {!3 11 j I 1! . 1 `k3i?) '?i 1{ .e !. 77 i HG- ? H's Personalty TBD TBD 0.40 0.60 0 0 1 I I HG- W's Personalty Est. 2,000 2,000 0.40 0.60 800 0 2 t t ! ` t p t t ! i 1 tt,atl I !l. { .. ? ! l? 9 { ? IM! Mil 4 '! 7i(ml iit! ! d!! ! llii ! I{ ? ?' ? t !t I l ? ,{ ! , ..i :! . n .... ... .:, .,,3 s?: :.._. ?! .:::.: {,: , i ifA>?=' { :.: :; D-1 H's Bank One 3.30.034 (3,982) (3,982) 0.40 0.60 0 (2,389) Visa #3187 D-2 H's US Air Visa 4.3.034 (1,291) (1,291) 0.40 0.60 0 (774) #7391 D-3 H's Members 15' 4.23.034 (8,799) (8,799) 0.40 0.60 0 (5,279) Visa #4857 D-4 H's Citibank 4.8.034 (2,400) (2,400) 0.40 0.60 0 (1,440) MasterCard #2117 D-5 H's Members 151 4.8.034 (6,143) (6,143) 0.40 0.60 0 (3,686) PSL #485 Total of Assets and Liabilities 361,345 353,249 8,097 3,239 174,126 1401 f INF ITFN AMH 14TMFNTR ' .' Adjustment payment due party from above 3,239 174,126 Less adjustment payment due other party from above (174,126) (3,239) NET LINE ITEM ADJUSTMENTS (170,887) 170,887 8 William T. Walton vs. Barbara L. Walton DOM: 12/9/82 DOS: 4/5/03 (PHYSICAL) Income: H @ $95,000; W @ $35,000 Date Prepared: April 8, 2005 TABLE:#2 •C MARMTAL ASSETS ANA aEB75 `,' Basetl ori; Age , PARSS Rstir#inon NO. DESCRIPTION OF PROPERTY OR DEBT DATE VALUE AGREED PROPOSED TO HUSBAND PROPOSED TO WIFE H % W% H ADJUST W ADJUST VERIFIED PERCENTAGE OF aIV15 I(3N W1TH0(JT LINE ITEM AO JUSTMVI ENTS ! Totals from Above 361,345 353,249 8,097 Percentage of Total 97.76% 2.24% ADJ;USTfuIENT FOR,OVEItAL L 50j50D`NlSIO N Totals from above 361,345 353,249 8,097 Amount Due in 50/50 Division 180,673 180,673 Adjustment Figure for 50/50 (172,576) 172,576 4aJlISTMENT FOR NER4L L-4$(55p1VISIO N Totals from above 361,345 353,249 8,097 Amount Due in 45/55 Division 162,605 198,740 Adjustment Figure for 45/55 (190,643) 190,643 ADJUSTMENT FOR OVERALL .40t601)MVISfO N Totals from above 361,345 353,249 8,097 Amount Due in 40/60 Division 144,538 216,807 Adjustment Figure for 40/60 (208,711) 208,711 SUMMARY O F OVERAL6:Aa JtJSTMENTS Adjustment payment for 50/50 (172,576) 172,576 Adjustment payment for 45/55 (190,643) 190,643 Adjustment payment for 60/40 (208,711) 2081,11,711 I:ALOULA I ION OF ADJUSTMENT PAYMENT %a OF RETIREMENT VALUE @ AGE 55 Percentage Division Adjustment Payment Retirement Value Age 55 Percentage Adjustment payment is to retirement value 50/50 172,576.01 374,452.00 0.46 45/55 in wife's favor 190,643.26 374,452.00 0.51 40/60 in wife's favor 208,710.52 17A an9 nn 9 ?"' O r? -n ._a "T. T ' -? 1ii __. ; ?_. I it ?/ V .. a _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff V. BARBARA L. WALTON, Defendant NO. 03-4996 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF BARBARA L. WALTON I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: 6 BARBARA L. WALTON - 1 - PART I. INCOME A. EMPLOYMENT #1 INFORMATION: Employer: Northern York County School District Address: 149 South Baltimore Street, Dillsburg, PA 17019 Position: Teacher Pay Period: Biweekly Comments: B. EMPLOYMENT #1 INCOME: DESCRIPTION BIWEEKLY MONTHLY YEARLY GROSS PAY PER PAY PERIOD $1,211.54 $2,625.00 $31,500.04 FICA ($75.12) ($162.76) ($1,953.12) Medicare ($17.57) ($38.07) ($456.82) Federal Tax ($44.34) ($96.07) ($1,152.84) State Tax ($37.19) ($80.58) ($966.94) Local Tax ($15.14) ($32.80) ($393.64) Unemployment ($1.09) ($2.36) ($28.34) Mandatory Retirement ($90.87) ($196.89) ($2,362.62) NET INCOME $930.22 $2,015.48 $24,185.72 - 2 - C. EMPLOYMENT #2 INFORMATION: Employer: Independent Contractor for Gilda Heckert Address: 2"a Street, Dillsburg, PA 17019 Position: Linens - Ironing Pay Period: Various D. EMPLOYMENT #2 INCOME: DESCRIPTION YEARLY MONTHLY GROSS PAY PER PAY PERIOD based on 2004 1099 Statement $3,987,00 $332.25 FICA Tax @12.4% Self Employment Estimated ($494.39) ($41.20) Medicare Tax @ 2.9% Self Employment ($115.62) ($9.64) Federal Tax Estimated TBD $0.00 State Tax @3.07%Estimated ($122.40) ($10.20) Local Tax @ 1% Estimated ($39.87) ($3.32) NET INCOME $3,214.72 $267.89 - 3 - E. OTHER INCOME: DESCRIPTION WEEKLY MONTHLY YEARLY Interest $0,00 $0.00 $0.00 Dividends $0.00 $0.00 $0.00 Pensions $0.00 $0.00 $0.00 Annuities $0.00 $0.00 $0.00 Social Security $0.00 $0.00 $0.00 Rents $0.00 $0.00 $0.00 Royalties $0.00 $0.00 $0.00 Expense Account $0.00 $0.00 $0.00 Gifts $0.00 $0.00 $0.00 Unemployment Compensation $0.00 $0.00 $0.00 Workman's Compensation $0.00 $0.00 $0.00 Income Tax Refunds $0,00 $0.00 $0.00 Support and Alimony (Current Support Order: $1566.77 @ $1087.05 child support & $479.72 Spousal support) $361,56 $1,566.77 $18,801.24 Commissions $0.00 $0.00 $0.00 Tips $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL OTHER INCOME $361.56 $1,566.77 $18,801.24 - 4 - PART 11. EXPENSES DESCRIPTION MONTHLY AMOUNT' COMMENTS HOME EXPENSES: Rent First Mortgage $890.00 Second Mortgage/Home Equity Loan Maintenance and Repairs $100.00 Electric $110.00 Gas $8.00 Oil $60.00 Telephone $80.00 Cell Phone @ $50/mth; Telephone @ $30/mth Water $6.00 Sewer $14.00 Trash $19.00 Well Installation $333.33 Installed well at acost of $4,000 EMPLOYMENT Public Transportation Lunches Other Employment Expenses $52.00 Seminar/Supplies TAXES: Real Estate Taxes $92.43 School @ $846.02; County @ $263.08 Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes - 5 - DESCRIPTION MONTHLY AMOUNT COMMENTS INSURANCE: Homeowners Insurance $0.00 Escrow Automobile Insurance $320.00 This is with Jen (age 19) on policy Life Insurance Accident Insurance Health Insurance AUTOMOBILE EXPENSES: Payments $172.12 Fuel $160.00 Maintenance and Repair $16.67 License and Registration $3.00 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $50.00 Optical $25.00 Dental $66.66 Orthodontic Hospital Medicine $16.66 Special Needs/Therapy Etc. EDUCATIONAL EXPENSES: Private School Parochial School Col lege/Vocational Religious Training or Education Books/Fees and Supplies - 6 - DESCRIPTION' MONTHLY AMOUNT COMMENTS PERSONAL EXPENSES: Clothing $250.00 Food $400.00 Barber and Hair Dresser $60.00 Memberships $24.00 YMCA Other Personal Expenses CREDIT CARDS AND LOANS: Visa $300.00 MISCELLANEOUS EXPENSES: Household Help $140.00 Child Care Newspapers/Magazines/Books $20.00 Entertainment $100.00 Pay TV $80.00 Vacations $75.00 Gifts $50.00 Legal Fees $30.00 Charitable Contributions Field Hockey Camp $29.17 Jaycie Soccer Camp $29.17 Jaycie Allowances $80.00 Jen and Jaycie Cyber School $250.00 Jaycie TOTAL EXPENSES $4,512.21 - 7 - PART 111. PROPERTY OWNED PROPERTY OWNED OWNERSHIP TYPE DESCRIPTION VALUE H W JT Checking Members 1" 400.00 X Savings Members V 1,000.00 X Credit Union Stocks/bonds Real Estate South Mountain Road, Dillsburg, PA 125,000.00 X Other TOTAL 126,400.00 PART IV. INSURANCE INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO. H W C Hospital Blue Shield PPO (W) Health Guard (H) 23 1 86907 1 182464889 X X X Medical Blue Shield PPO (W) Health Guard (H) 231869071 182464889 X X X Health Accident Disability Income Dental Concordia 231869071 X X X Vision Other-Specify 1E Husband took kids off health insurance. Wife wants them back on. *H=Husband; W=Wife; J=Joint; C=Child - 8 - PART V. SUPPLEMENTAL INCOME STATEMENT [ ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) None [Xl 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person None in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5. Specify deductions, if any: See Income Section ;n ^' ?? o c_- -„ ._ ? m ?Y U.. ?_ ??? f'_.t h ? i? f) ' f-? _ Ca '??t'l -`-i ?. r7 ?_ -c I WILLIAM T. WALTON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 03-4996 - CIVIL TERM BARBARA L WALTON, Defendant : CIVIL ACTION - IN DIVORCE PLAINTIFF'S ANSWERS TO DEFENDANT'S COUNTERCLAIM 21. No response is required. 22. Admitted. 23. The averment contained herein is a conclusion of law to which no response is required. 24. No response is required. 25. Admitted. 26. Admitted. 27. Admitted. 28. No response is required. 28.11. Denied. Defendant is employed and receives a substantial income. 29. Denied. Defendant is employed and receives a substantial income. 30. No response required. 31. Admitted in part, denied in part. It is admitted that Defendant has employed legal counsel, but it is denied that Defendant is unable to pay the necessary and reasonable attorney's fees for said counsel. To the contrary, Defendant is employed and make receives a substantial income. 32. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. To the extent a response is required, the averment is denied since Defendant is employed and receives a substantial income. Date /Vo BRIAN C. LINSENBACH, ESQ. (87360) SCHRACK & LINSENBACH Law Offices 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 WILLIAM T. WALTON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. : NO. 03-4996 - CIVIL TERM BARBARA L WALTON, Defendant : CIVIL ACTION - IN DIVORCE VERIFICATION I, WILLIAM T. WALTON, Plaintiff herein, verify that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unswom falsification to authorities. WILLIAM T. WALTON CERTIFICATE OF SERVICE I hereby certify that on this /S- day of 2005, a true and correct copy of the foregoing document was served upon the following person by U. S. Mail, First Class Postage Prepaid, as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Respectfully submitted SCHRACK & LINSENBACH Law Offices BRIAN C. L?ENBACH, ESQ. (87360) 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717432-9733 Fax: 717-432-1053 r-? ?i l ? 1. .? ??' ?. .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA el", WILLIAM T. WALTON, Plaintiff N0. 03-4996 CIVIL TERM V. CIVIL ACTION - LAW BARBARA L. WALTON, DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Barbara L. Walton, Defendant, moves the Court to appoint a Master with respect to the following claims: [x] Divorce [x] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses In support of the Motion the Defendant states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party, William T. Walton, has appeared in the action by his attorney, Brian C. Linsenbach, Esquire. 3. The statutory ground for the divorce are: Section 3301 (c) and Section 3301(d) No-Fault. 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to th None. Date: `J 6 F ESQUIRE ORDER APPOINTING MASTER AND NOW, 2005, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [x] Divorce [x] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses BY THE COURT: UDGE Distribution to: ,'Attorney for Plaintiff: Brian C. Linsenbach, Esquire, 124 W. Harrisburg Street, DiUsburg, PA 17019 ??9,?//?/,?ttorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 N d G'S Q _ ? V n cn t, i -o r ?- s- w C7 „ b'c 3 ?m w 0 cn -< AINnoo MVA!,t,% hJ?d Q se :6 14Y 9- Nnr soot AWICNOHiOMd 3H1 d0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. CIVIL ACTION - LAW BARBARA L. WALTON, IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2003. 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 4904 relating to unsworn falsification to authorities. Dated: // z/ of w ? cr- WILLIAM IrWALTON, PLAIRTIFFr- l (^ ? ?. ('? -t ??? `5J '.. r? '. C,t? { r ? ,:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. BARBARA L. WALTON, Defendant CIVIL ACTION - LAW IN DIVORCE 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of I8 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: /7^Z//os- v- Ct-/ G ?, ;? -„ ??r __? .; -,-, ??? , w _.-, . : ., ?, . ::, ?>> ?:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. CIVIL ACTION - LAW BARBARA L. WALTON, IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2003. 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 4904 relating to unsworn falsification to authorities. Dated: jJ? 4-& - 4140-1-a-- VALTON, DEFEND-ANT ?. fJ _1 _ ?? _,.? a? ? LC} ?; _. r.f J ..7 ,?.J ] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. BARBARA L. WALTON, Defendant CIVIL ACTION - LAW IN DIVORCE I consent to the entry of a final decree in divorce without notice. 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. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: HA"ARA 1- WALTON, DEFEND-ANT WILLIAM T. WALTON, Plaintiff v BARBARA L. WALTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4446 CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BETWEEN WILLIAM T. WALTON AND BARBARA L. WALTON TABLE OF CONTENTS INTRODUCTION ................................................................ 1 SECTION I General Provisions ............................................................. 1 SECTION II Distribution of Property and Debts ........................................... 6 SECTION III Counsel Fees, Support, Alimony ........................................ 13 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARY .......................................................................... 16 EXHIBIT "A" Marital Distribution Schedule ................................................. 18 INTRODUCTION THIS AGREEMENT made this day of 2005, by and between BARBARA L. WALTON, ("Wife") of 1420 S. Mountain Road, Dillsburg, PA 17019, and WILLIAM T. WALTON, ("Husband") of 225 Maple Lane, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife. They were married on December 9, 1982 in Cumberland County, Pennsylvania, and separated on April 5, 2003. WHEREAS, The parties are the parents of three children: Jessica Walton, born April 28, 1985 (age 20), Jennifer Walton, born November 5, 1987, (age 17) and Jaycie Walton, born December 13, 1989, (age 15) (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives. 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; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. 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 -1- body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall timely withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. 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. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Brian C. Linsenbach, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2- 1.06. FINANCIAL DISCLOSURE. 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. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS , Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right 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 executed by the parties. 1.09. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, 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. Claims Against Property or Estate: 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 - 3 - acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: 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. 1.10. WAIVER OR MODIFICATION. 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. 1.11. MUTUAL COOPERATION. Each party shall, at anytime, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and -4- supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: 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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. - 5 - Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide 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. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows, which distribution is also set forth on the Marital Estate Distribution Schedule attached hereto, marked Exhibit "A", and made a part -6- hereof: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein together with the stack of bricks located at the marital residence. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: The 1999 Toyota Camry and the BMW 318i sedan and any vehicle loans for the purchase of said vehicles, including, but not limited to the two Members 1" vehicle loans. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: The separation date balance in the Members Vt checking and savings account #3551. 2. To Husband: The separation date balances in the Adams County National Bank Account #7595 and the Members V checking and savings account #485. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: -7- I . To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRAAccount, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife has no retirement plans in her sole name. She is entitled to a portion of Husband's CSRS retirement plan as set forth in paragraph 2.02 B. below. 2. To Husband: Husband's retirement plan with CSRS shall be divided and distributed in accordance with the following terms: a. Division of Marital Portion of Benefits: Subject to the adjustment for survivors benefits costs as set forth in subparagraph 3 below, the marital portion of the CSRS retirement benefits shall be divided and distributed between the parties 55% to Husband and 45% to Wife. The marital portion of the benefits shall be determined by subtracting from the benefits (including both contributions and monthly benefits and costs of living increases) the portion of those benefits payable in lieu of social security and then multiplying that resultant benefit by the marital coverture fraction, the numerator of which is the length of the marriage from date of marriage on 12/9/1982 to date of separation on 4/5/2003 and the denominator of which is the total years of credit service to date of retirement. b. Division of Non-Marital Portion of Retirement Benefits: The non- marital portion of the retirement benefits shall be Husband's sole - 8 - and separate property. C. Survivors Annuity: At Wife's election, Husband shall also elect to receive the benefits in the form of a joint survivors annuity, designating Wife as the joint survivor. If Wife so elects, Husband's share of the benefits shall not be reduce and shall be the same as if that election had not been made and as a result, the costs of that election shall be borne by wife by way of reduction of her share of the benefits. d. Beneficiary Election/Death Benefits: Should Wife predecease Husband, Wife shall be entitled to designate a beneficiary of her share of the retirement benefits. Should Husband predecease Wife, and if and to the extent the are death benefits payable, Wife shall be designated as the death beneficiary of 45% of the marital portion of those benefits determined by application of the marital coverture fraction as defined above. e. ADRO: The distribution to be made to Wife shall be made to her on a deferred basis as permitted by the Plan and shall be made pursuant to a Approved Domestic Relations Order ("ADRO") to be prepared by Harry Leister of Conrad Siegel, Inc., the costs of which shall be shared equally by the parties. G. Real Estate/Marital Home: The jointly owned real estate known and numbered as 1420 S. Mountain Road, Dillsburg, PA, ("the Real Estate"), encumbered with a mortgage owed to Members 1 ", ("the Mortgage"), shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Wife's attorney pending the refinance of the Mortgage, at which time the deed shall be recorded. 2. Liens Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes -9- and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance/Assumption: Wife shalt apply for refinancing/assumption of the Mortgage within thirty (30) days of the date of this Agreement and complete that refinance /assumption within sixty (60) days thereafter so as to release Husband from all further liability thereunder. The costs of refinance/assumption shall be paid by Wife. If Wife does not obtain that refinance/assumption on her initial application, then she shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Husband from all further liability thereunder. 4. Sale: In the event Wife has not obtained the refinancing/assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the p arties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to wife as her sole and separate property. H. Real Estate/Time Share: The jointly owned Virginia Beach time share property, ("the Time Share"), encumbered with a time share mortgage, (the "Time Share Mortgage") subject to the following: 1. Conveyance: Husband shalt prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Time Share. The deed of conveyance therefor shall be executed by Wife at the signing of this Agreement and held in escrow by Husband's attorney pending the refinance or full payment off the Time Share Mortgage, at which time the deed shall be recorded. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Time Share Mortgage, real estate taxes and any other municipal liens. Husband shall hereafter be - 1o- solely responsible for the payment of the Time Share Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Time Share, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing of the Time Share Mortgage within thirty (30) days of the date of this Agreement and complete that refinance within sixty (60) days thereafter so as to release Wife from alt further liability thereunder. The costs of refinancing shall be paid by Husband. If Husband does not obtain that refinance/assumption on her initial application, then he shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Wife from all further liability thereunder. 4. Sale: In the event Husband has not obtained the refinancing/ assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shalt list the real estate for sale with a qualified time share broker and shall market and sell the Time Share, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as his sole and separate property. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shalt be solely liable for and shall timely pay the following debts: a. Bank One Visa (#3187) b. U.S. Air Visa (#7391) C. Member's 1'` Visa (#4857) d. Citibank MasterCard (#2117) e. Member's 1" PSL (#485) _II_ f. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution 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. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions -12- for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: 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. Non-Disclosed Liability: 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shalt cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right -13- and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support: Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony: Effective with the date the divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: 1. The alimony shall terminate upon the earlier occurrence of: (1) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. 2. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 3. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 3.03. CUSTODY. Legal Custody of the parties' minor s=children shall be shared. Wife shall have primary physical custody of the minor children, and Husband shall have rights of partial physical custody of the minor children as the parties shalt mutually agree. -14- 3.04. CHILD SUPPORT. Child support for the parties' minor children shall be governed by the existing support action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 3.05. HEALTH INSURANCE: The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Children: Any party currently carrying health insurance on the Children shall continue to provide health insurance coverage on each of them as long as the child remains eligible therefor and such coverage is available to him or her through employment at a reasonable cost. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the Children pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and -15- understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed seated and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: WILLIAM T. WALTON Date: !1 Z d BARBARA L. WALTON Date: ?I Ij d1 16- OF PENNSYLVANIA COUNTY OF SS. On this the 1- day of I(/-) -, 2005, before me the undersigned officer , personally appeared, WILLIAM T. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ? Janet S. Gore, Notary Publo Nota Yo* County pillsburg 6oto, 0, YoAc County My Commission Expires Oct. 25, 2006 Member, Pennsytvama Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the L S&-day of N6Vtm K,-, 2005, before me the undersigned officer, personally appeared, BARBARA L. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand a notarial seal. 0 ARY LIC ommisston Expires: -17- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Distribution to Wire Husband REAL ESTATEAND REAL 'ESTAT MORTGAGES RE-1 1420 S. Mt. Rd., Dillsburg, PA 17019 140,000 d RE-1 Members I" Mtg (122,706) d RE-1 Est. Sales Cost 7% (4,900) d REA Net Equity 12,394 d RE-2 Virginia Beach Time Share 4,268 RE-2 Time Share Mortgage (2,268) RE-2 Est. Sales Cost 7% (299) f RE-2 Net Equity 1,701 MOTOR VEH ICLES AND VEHICLE LIENS V-1 1999 Toyota Camry 8,400 d V-1 Member's 1" (13,470) f V-1 Net Equity (5,070) V-2 H's BMW 3 series 3181 SDN 4,350 f V-2 Members I' loan (5,475) ? V-2 Net Equity (1,125) CASH, CHECKING ACCOUNTSAND SAVIN GS ACCOUNTS A-1 Members l" Checking #3551 331 d A-1 Members 1" Savings #3551 643 f A-2 H's Adams County Nat. Bank #7595 177 A-3 H's Members I" Checking #485 1,503 A-3 H's Members 11` Savings. #485 363 RETIREMENT PLANS If R-1 H's CSRS @ Age 62 184,355 55% of marital portion to Husband 45% of marital portion to Wife R-2 TSP Account 16,007 d R•2 TSP Loan #7009 (8,461) d -18- EXHIBIT °A° MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Distribution to ?Vife Husband R-2 TSP Loan #8185 (3,766) HOUSEHOLD GOODS, FURNISHINGS,; TOOLS, PERSONAL EFFECTS ETC. HG-1 H's Personalty TBD d HG-2 W's Personalty 2,000 LOANS, CREDIT CARDS AND OTHER DEBTS' D-1 H's Bank One Visa #3187 (3,982) D-2 H's USAir Visa #7391 (1,291) d D-3 H's Members 1"Visa #4857 (8,799) d D-4 H's Citibank MasterCard #2117 (2,400) ,r D-5 H's Members Vt PSL #485 (6,143) 1 -19- -, -, ._, , ?, ??: :. ', ?. , ,5 r, -? ? _-- WILLIAM T. WALTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 4996 CIVIL BARBARA L. WALTON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated November 15, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, F d ?af rzk "4 Geor?e ? H`; ffer,F P. cc: ,kfian C. Linsenbach Attorney for Plaintiff vodiane G. Radcliff Attorney for Defendant fl--n C")5 r -f p j!I',? it f' i? ? k ? ? _ }?= ???' WILLIAM T. WALTON, Plaintiff v BARBARA L. WALTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4996 : CIVIL ACTION - LAW : IN DIVORCE MARITAL AGREEMENT BETWEEN WILLIAM T. WALTON AND BARBARA L. WALTON TABLE OF CONTENTS INTRODUCTION ................................................................ 1 SECTION I General Provisions ............................................................. 1 SECTION 11 Distribution of Property and Debts ........................................... 6 SECTION III Counsel Fees, Support, Alimony ........................................ 13 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARY .......................................................................... 16 EXHIBIT "A" Marital Distribution Schedule ................................................. 18 INTRODUCTION THIS AGREEMENT made this day of 2005, by and between BARBARA L. WALTON, ("Wife") of 1420 S. Mountain Road, Dillsburg, PA 17019, and WILLIAM T. WALTON, ("Husband") of 225 Maple Lane, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife. They were married on December 9, 1982 in Cumberland County, Pennsylvania, and separated on April 5, 2003. WHEREAS, The parties are the parents of three children: Jessica Walton, born April 28, 1985 (age 20), Jennifer Walton, born November 5, 1987, (age 17) and Jaycie Walton, born December 13, 1989, (age 15) (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives. 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; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. 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. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall timely withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. 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. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Brian C. Linsenbach, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. -2- 1.06. FINANCIAL DISCLOSURE. 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. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shalt 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 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 executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, 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. Claims Against Property or Estate: 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 - 3 - acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or atl other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: 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. 1.10. WAIVER OR MODIFICATION. 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. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and -4- supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: 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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. -5- Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each wilt be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shalt remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide 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. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows, which distribution is also set forth on the Marital Estate Distribution Schedule attached hereto, marked Exhibit "A", and made a part -6- hereof: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein together with the stack of bricks located at the marital residence. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: The 1999 Toyota Camry and the BMW 318i sedan and any vehicle loans for the purchase of said vehicles, including, but not limited to the two Members V vehicle loans. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shalt be divided and distributed as follows: 1. To Wife: The separation date balance in the Members 1'` checking and savings account #3551. 2. To Husband: The separation date balances in the Adams County National Bank Account #7595 and the Members 1" checking and savings account #485. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: -7- 1. To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRAAccount, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife has no retirement plans in her sole name. She is entitled to a portion of Husband's CSRS retirement plan as set forth in paragraph 2.02 B. below. 2. To Husband: Husband's retirement plan with CSRS shall be divided and distributed in accordance with the following terms: a. Division of Marital Portion of Benefits: Subject to the adjustment for survivors benefits costs as set forth in subparagraph 3 below, the marital portion of the CSRS retirement benefits shall be divided and distributed between the parties 55% to Husband and 45% to Wife. The marital portion of the benefits shall be determined by subtracting from the benefits (including both contributions and monthly benefits and costs of living increases) the portion of those benefits payable in lieu of social security and then multiplying that resultant benefit by the marital coverture fraction, the numerator of which is the length of the marriage from date of marriage on 12/9/1982 to date of separation on 4/5/2003 and the denominator of which is the total years of credit service to date of retirement. b. Division of Non-Marital Portion of Retirement Benefits: The non- marital portion of the retirement benefits shall be Husband's sole - 8 - and separate property. C. Survivors Annuity: At Wife's election, Husband shall also elect to receive the benefits in the form of a joint survivors annuity, designating Wife as the joint survivor. If Wife so elects, Husband's share of the benefits shall not be reduce and shall be the same as if that election had not been made and as a result, the costs of that election shall be borne by wife by way of reduction of her share of the benefits. d. Beneficiary Election/Death Benefits: Should Wife predecease Husband, Wife shall be entitled to designate a beneficiary of her share of the retirement benefits. Should Husband predecease Wife, and if and to the extent the are death benefits payable, Wife shall be designated as the death beneficiary of 45% of the marital portion of those benefits determined by application of the marital coverture fraction as defined above. e. ADRO: The distribution to be made to Wife shall be made to her on a deferred basis as permitted by the Plan and shall be made pursuant to a Approved Domestic Relations Order ("ADRO") to be prepared by Harry Leister of Conrad Siegel, Inc., the costs of which shall be shared equally by the parties. G. Real Estate/Marital Home: The jointly owned real estate known and numbered as 1420 S. Mountain Road, Dillsburg, PA, ("the Real Estate"), encumbered with a mortgage owed to Members 1 s`, ("the Mortgage"), shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Wife's attorney pending the refinance of the Mortgage, at which time the deed shall be recorded. 2. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes -9- and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance/Assumption: Wife shall apply for refinancing/assumption of the Mortgage within thirty (30) days of the date of this Agreement and complete that refinance/ assumption within sixty (60) days thereafter so as to release Husband from all further liability thereunder. The costs of refinance/assumption shall be paid by Wife. If Wife does not obtain that refinance/assumption on her initial application, then she shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Husband from all further liability thereunder. 4. Sale: In the event Wife has not obtained the refinancing/assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified real estate broker and shalt market and sell the Real Estate, the p arties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds wilt be paid to wife as her sole and separate property. H. Real Estate/Time Share: The jointly owned Virginia Beach time share property, ("the Time Share"), encumbered with a time share mortgage, (the "Time Share Mortgage") subject to the following: 1. Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Time Share. The deed of conveyance therefor shalt be executed by Wife at the signing of this Agreement and held in escrow by Husband's attorney pending the refinance or full payment off the Time Share Mortgage, at which time the deed shall be recorded. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Time Share Mortgage, real estate taxes and any other municipal liens. Husband shall hereafter be 10- solely responsible for the payment of the Time Share Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Time Share, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing of the Time Share Mortgage within thirty (30) days of the date of this Agreement and complete that refinance within sixty (60) days thereafter so as to release Wife from all further liability thereunder. The costs of refinancing shall be paid by Husband. If Husband does not obtain that refinance/assumption on her initial application, then he shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Wife from all further liability thereunder. 4. Sale: In the event Husband has not obtained the refinancing/assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified time share broker and shall market and sell the Time Share, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as his sole and separate property. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: a. Bank One Visa (#3187) b. U.S. Air Visa (#7391) C. Member's 1" Visa (#4857) d. Citibank MasterCard (#2117) e. Member's 1" PSL (#485) 11- f. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution 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. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions -12- for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: 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. Non-Disclosed Liability: 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit 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. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL ALIMONY CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right - 13 - and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support: Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action NO. 00489 S 2003, PAGES NO. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony: Effective with the date the divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: 1. The alimony shall terminate upon the earlier occurrence of: (1) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. 2. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 3. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 3.03. CUSTODY. Legal Custody of the parties' minor s=children shalt be shared. Wife shall have primary physical custody of the minor children, and Husband shall have rights of partial physical custody of the minor children as the parties shall mutually agree. 14- 3.04. CHILD SUPPORT. Child support for the parties' minor children shall be governed by the existing support action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 3.05. HEALTH INSURANCE: The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Children: Any party currently carrying health insurance on the Children shall continue to provide health insurance coverage on each of them as long as the child remains eligible therefor and such coverage is available to him or her through employment at a reasonable cost. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the Children pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shalt be deemed to be an original, but all of which shalt constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and - 15 - understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year belowwritten, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: 6Q_,,1/ c% G (SEAL) WILLIAM T. WALTON Date: G/ Z ? & ( (SEAL) / BARBARA L. WALTON Date: 1 0 -16- COMMONWEALTH 7FPENNSYLVANIA SS. COUNTY OF On this the ??day of " 2005, before me the undersigned officer, personally appeared, WILLIAM T. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set Ty hand and notarial Nctariai Seal vu(ft Janet S. Gore, Notary Pubic NO DftwTg eoro, Yolk coarrty MyicommissionExpresOct. 25,2006 My Co Member. Pan,5 NWXM Asscciabmof NotMM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the 1` "day of s 1 J m ?t , 2005, before me the undersigned officer, personally appeared, BARBARA L. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I set my hand and notarial seal. PUBLIC 'ssion Expires: -17- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Distribution to Wife H usbnnd REAL ESTATE AND REAL' ESTATE MORTGAGES RE-1 1420 S. Mt. Rd., Dillsburg, PA 17019 140,000 d RE-1 Members 1" Mtg (122,706) d RE-1 Est. Sales Cost 7% (4,900) RE-1 Net Equity 12,394 RE-2 Virginia Beach Time Share 4,268 d RE-2 Time Share Mortgage (2,268) RE-2 Est. Sales Cost 7% (299) RE-2 Net Equity 1,701 MOTOR VEHICLES AND VEHICLE LIENS V-1 1999 Toyota Camry 8,400 V-1 Member's 1" (13,470) ? V-1 Net Equity (5,070) V-2 H's BMW 3 series 318i SDN 4,350 V-2 Members 1s' loan (5,475) V-2 Net Equity (1,125) CASH, "CHECKING ACCOUNTSAND SAVINGS ACCOUNTS A-1 Members 1" Checking #3551 331 ? A-1 Members 1" Savings #3551 643 A-2 H's Adams County Nat. Bank #7595 177 A-3 H's Members I" Checking #485 1,503 ? A-3 H's Members 1" Savings. #485 363 f RETIREMENT PLANS R-1 H's CSRS @ Age 62 184,355 55% of marital 45% of marital portion to Husband portion to Wife R-2 TSP Account 16,007 R 2 TSP Loan #7009 (8,461) -18- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Distribution to Wife Husband R-2 TSP Loan #8185 (3,766) d HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. HG-t H's Personalty TBD HG-2 W's Personalty 2,000 d LOANS, CRED IT CARDS AND OTHER DEBTS ` D-1 H's Bank One Visa #3187 (3,982) D-2 H's USAir Visa #7391 (1,291) d D-3 H's Members 1" Visa #4857 (8,799) D-4 H's Citibank MasterCard #2117 (2,400) d D-5 H's Members 1" PSL #485 (6,143) -19- WILLIAM T. WALTON, Plaintiff v BARBARA L. WALTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4996 : CIVIL ACTION - LAW : IN DIVORCE MARITAL AGREEMENT BETWEEN WILLIAM T. WALTON AND BARBARA L. WALTON TABLE OF CONTENTS INTRODUCTION ................................................................ 1 SECTION I General Provisions ........................................,..................... 1 SECTION II Distribution of Property and Debts ........................................... 6 SECTION III Counsel Fees, Support, Alimony ........................................ 13 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARY ........................................................................... 16 EXHIBIT "A" Marital Distribution Schedule ................................................. 18 INTRODUCTION THIS AGREEMENT made this l`day of er2005, by and between BARBARA L. WALTON, ("Wife") of 1420 S. Mountain Road, Dillsburg, PA 17019, and WILLIAM T. WALTON, ("Husband") of 225 Maple Lane, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife. They were married on December 9, 1982 in Cumberland County, Pennsylvania, and separated on April 5, 2003. WHEREAS, The parties are the parents of three children: Jessica Walton, born April 28, 1985 (age 20), Jennifer Walton, born November 5, 1987, (age 17) and Jaycie Walton, born December 13, 1989, (age 15) (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives. 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; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. 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. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall timely withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. 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. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Brian C. Linsenbach, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. 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. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by imeans of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right 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 executed by the parties. 1.09. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, 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. Claims Against Property or Estate: 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. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: 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. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shalt 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. 1.11. MUTUAL COOPERATION. Each party shall, at anytime, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and -4- supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: 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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. -5- Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shalt file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full fierce and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide 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. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows, which distribution is also set forth on the Marital Estate Distribution Schedule attached hereto, marked Exhibit "A", and made a part -6- hereof: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein together with the stack of bricks located at the marital residence. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: The 1999 Toyota Camry and the BMW 3181 sedan and any vehicle loans for the purchase of said vehicles, including, but not limited to the two Members 1'` vehicle loans. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: The separation date balance in the Members 1" checking and savings account #3551. 2. To Husband: The separation date balances in the Adams County National Bank Account #7595 and the Members 1" checking and savings account #485. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: -7- 1. To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife has no retirement plans in her sole name. She is entitled to a portion of Husband's CSRS retirement plan as set forth in paragraph 2.02 B. below. 2. To Husband: Husband's retirement plan with CSRS shall be divided and distributed in accordance with the following terms: a. Division of Marital Portion of Benefits: Subject to the adjustment for survivors benefits costs as set forth in subparagraph 3 below, the marital portion of the CSRS retirement benefits shall be divided and distributed between the parties 55% to Husband and 45% to Wife. The marital portion of the benefits shall be determined by subtracting from the benefits (including both contributions and monthly benefits and costs of living increases) the portion of those benefits payable in lieu of social security and then multiplying that resultant benefit by the marital coverture fraction, the numerator of which is the length of the marriage from date of marriage on 12/9/1982 to date of separation on 4/5/2003 and the denominator of which is the total years of credit service to date of retirement. b. Division of Non-Marital Portion of Retirement Benefits: The non- marital portion of the retirement benefits shall be Husband's sole -8- and separate property. C. Survivors Annuity: At Wife's election, Husband shalt also elect to receive the benefits in the form of a joint survivors annuity, designating Wife as the joint survivor. If Wife so elects, Husband's share of the benefits shalt not be reduce and shall be the same as if that election had not been made and as a result, the costs of that election shall be borne by wife by way of reduction of her share of the benefits. d. Beneficiary Election/Death Benefits: Should Wife predecease Husband, Wife shall be entitled to designate a beneficiary of her share of the retirement benefits. 'Should Husband predecease Wife, and if and to the extent the are death benefits payable, Wife shall be designated as the death beneficiary of 45% of the marital portion of those benefits determined by application of the marital coverture fraction as defined above. e. ADRO: The distribution to be made to Wife shall be made to her on a deferred basis as permitted by the Plan and shall be made pursuant to a Approved Domestic Relations Order ("ADRO") to be prepared by Harry Leister of Conrad Siegel, Inc., the costs of which shalt be shared equally by the parties. G. Real Estate/Marital Home: The jointly owned real estate known and numbered as 1420 S. Mountain Road, Dillsburg, PA, ("the Real Estate"), encumbered with a mortgage owed to Members 1 ", ("the Mortgage"), shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver at[ documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Wife's attorney pending the refinance of the Mortgage, at which time the deed shall be recorded. 2. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes -9- and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance/Assumption: Wife shall apply for refinancing/assumption of the Mortgage within thirty (30) days of the date of this Agreement and complete that refinance/assumption within sixty (60) days thereafter so as to release Husband from all further liability thereunder. The costs of refinance/assumption shall be paid by Wife. If Wife does not obtain that refinance/assumption on her initial application, then she shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Husband from all further liability thereunder. 4. Sale: In the event Wife has not obtained the refinancing/assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the p arties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to wife as her sole and separate property. H. Real Estate/Time Share: The jointly owned Virginia Beach time share property, ("the Time Share"), encumbered with a time share mortgage, (the "Time Share Mortgage") subject to the following: 1. Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Time Share. The deed of conveyance therefor shall be executed by Wife at the signing of this Agreement and held in escrow by Husband's attorney pending the refinance or full payment off the Time Share Mortgage, at which time the deed shall be recorded. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Time Share Mortgage, real estate taxes and any other municipal liens. Husband shall hereafter be -10- solely responsible for the payment of the Time Share Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Time Share, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing of the Time Share Mortgage within thirty (30) days of the date of this Agreement and complete that refinance within sixty (60) days thereafter so as to release Wife from all further liability thereunder. The costs of refinancing shall be paid by Husband. If Husband does not obtain that refinance/assumption on her initial application, then he shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Wife from all further liability thereunder. 4. Sale: In the event Husband has not obtained the refinancing/ assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shalt list the real estate for sale with a qualified time share broker and shall market and sell the Time Share, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as his sole and separate property. I. Debts: The parties' marital debts, loans, credit: cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: a. Bank One Visa (#3187) b. U.S. Air Visa (#7391) C. Member's 1" Visa (#4857) d. Citibank MasterCard (#2117) e. Member's 1'` PSL (#485) -11- f. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution 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. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions _t2_ for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: 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. 1. Non-Disclosed Liability: 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit 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. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right 13- and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL, AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support: Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action NO. 00489 S 2003, PAGES NO. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony: Effective with the date the divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shalt be prorated for any partial month under and subject to the following terms and conditions: 1. The alimony shall terminate upon the earlier occurrence of: (1) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. 2. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 3. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 3.03. CUSTODY. Legal Custody of the parties' minor s=children shall be shared. Wife shall have primary physical custody of the minor children, and Husband shall have rights of partial physical custody of the minor children as the parties shall mutually agree. -14- 3.04. CHILD SUPPORT. Child support for the parties' minor children shall be governed by the existing support action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 3.05. HEALTH INSURANCE: The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect. Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Children: Any party currently carrying health insurance on the Children shall continue to provide health insurance coverage on each of them as long as the child remains eligible therefor and such coverage is available to him or her through employment at a reasonable cost. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the Children pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shalt constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and - is - understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shalt constitute an original. WITNESS: C'l (SEAL) WILLIAM T. WALTON c, Date: l? + 1 BARBARA L. WALTON Date: v? -16- COMMONWEAL H OF PENNSYLVANIA SS. COUNTY OF On this the ??dayy of 2005, before me the undersigned officer, personalty appeared, WILLIAM T. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, i hereunto set Notarial Seri Janet S. Gore, Notary Puhpc Dftburg Boro, York Camty My CommlSSiat E)Orm Oct. 25, 2008 Member. F lenM tvaMM &%omtWn of Nota s hand and notaria PUB My COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the - SS day of -2005, before me the undersigned officer, personally appeared, BARBARA L. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand a)i?notarial seal. Expires: -17- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION' SCHEDULE No. Description Est. Value Distribution to Distribution to Wife RE-1 1420 S. Mt. Rd., Dillsburg, PA 17019 140,000 ,f RE-1 Members 1" Mtg (122,706) d RE-1 Est. Sales Cost 7% (4,900) d RE-1 Net Equity 12,394 d RE-2 Virginia Beach Time Share 4,268 RE-2 Time Share Mortgage (2,268) RE-2 Est. Sales Cost 7% (299) RE-2 Net Equity 1,701 / V-1 1999 Toyota Camry 8,400 d V-1 Member's 1" (13,470) V-1 Net Equity (5,070) V-2 H's BMW 3 series 318i SDN 4,350 d V-2 Members 1" loan (5,475) ? V-2 Net Equity (1,125) A-1 Members 1" Checking #3551 331 A-1 Members 1" Savings #3551 643 f A-2 H's Adams County Nat. Bank #7595 177 d A-3 H's Members 1" Checking #485 1,503 A-3 H's Members 1" Savings. #485 363 ,r R-1 H's CSRS @ Age 62 184,355 55% of marital 45% of marital I portion to Husband portion to Wife R-2 TSP Account 16,007 f R-2 TSP Loan #7009 (8,461) 1 -18- EXHIBIT "A'; MARITAL ESTATE DISTRIBUTION SCHEDULE. No. Description Est. Value Distribution to Distribution to Wife Husband R-2 TSP Loan #8185 (3,766) d HG-1 H's Personalty TBD HG-2 W's Personalty 2,000 f MON, 414 soon , D-1 H's Bank One Visa #3187 (3,982) f D-2 H's USAir Visa #7391 (1,291) d D-3 H's Members 1" Visa #4857 (8,799) d D-4 H's Citibank MasterCard #2117 (2,400) d D-5 H's Members 151 PSL #485 (6,143) d -19_ WILLIAM T. WALTON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO: 03-4996 BARBARA L. WALTON, Defendant : CIVIL ACTION -• DIVORCE 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. Grounds for divorce: irretrievable breakdown under §3301(c)of the Divorce Code. 2. Date and manner of service of the complaint: September 19, 2003, by Restricted Certified Mail, return receipt requested. 3. Date of execution of the affidavit required by §3301(c) of the Divorce Code: By Plaintiff: November 21, 2005 By Defendant: November 15, 2005 4. Related claims pending: None. All claims settled by written agreement between the Plaintiff and Defendant dated November 15, 2005. Item No. 1.03 of said Agreement gives authority to be incorporated into the Decree. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: November 29. 2005. Date Defendant's Waiver of Notice was filed with the Prothonotary: November 29. 2005. SCHRACK & -- LINSENBACN Brian C. Lin ach, Esquire Attorney for Plaintiff 171 lil r . l% WILLIAM T. WALTON, Plaintiff v BARBARA L. WALTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4996 : CIVIL ACTION - LAW : IN DIVORCE MARITAL AGREEMENT BETWEEN WILLIAM T. WALTON AND BARBARA L. WALTON TABLE OF CONTENTS INTRODUCTION ................................................................ 1 SECTION I General Provisions ............................................................. 1 SECTION II Distribution of Property and Debts ........................................... 6 SECTION III Counsel Fees, Support, Alimony ........................................ 13 SECTION IV Closing Provisions and Execution ............................................. 14 NOTARY .......................................................................... 16 EXHIBIT "A" Marital Distribution Schedule ................................................. 18 INTRODUCTION THIS AGREEMENT made this IS4day of ?td?e.2005, by and between BARBARA L. WALTON, ("Wife") of 1420 S. Mountain Road, Dillsburg, PA 17019, and WILLIAM T. WALTON, ("Husband") of 225 Maple Lane, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife. They were married on December 9, 1982 in Cumberland County, Pennsylvania, and separated on April 5, 2003. WHEREAS, The parties are the parents of three children: Jessica Walton, born April 28, 1985 (age 20), Jennifer Walton, born November 5, 1987, (age 17) and Jaycie Walton, born December 13, 1989, (age 15) (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives. 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; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. 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. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall timely withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contactual 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. 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. 1.04. DATES. 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. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Brian C. Linsenbach, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2- 1.06. FINANCIAL DISCLOSURE. 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. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right 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 executed by the parties. 1.09. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, 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. Claims Against Property or Estate: 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 3- acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: 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. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shalt 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. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and -4- supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife faills 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: A. Divorce Code Remedies: 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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. -5- Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relirquish 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. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows, which distribution is also set forth on the Marital Estate Distribution Schedule attached hereto, marked Exhibit "A", and made a part -6- hereof: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein together with the stack of bricks located at the marital residence. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: The 1999 Toyota Camry and the BMW 3181 sedan and any vehicle loans for the purchase of said vehicles, including, but not limited to the two Members V vehicle loans. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: The separation date balance in the Members 1s` checking and savings account #3551. 2. To Husband: The separation date balances in the Adams County National Bank Account #7595 and the Members 1't checking and savings account #485. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shalt be divided and distributed as follows: -7- I . To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRAAccount, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife has no retirement plans in her sole name. She is entitled to a portion of Husband's CSRS retirement plan as set forth in paragraph 2.02 B. below. 2. To Husband: Husband's retirement plan with CSRS shall be divided and distributed in accordance with the following terms: a. Division of Marital Portion of Benefits: Subject to the adjustment for survivors benefits costs as set forth in subparagraph 3 below, the marital portion of the CSRS retirement benefits shall be divided and distributed between the parties 55% to Husband and 45% to Wife. The marital portion of the benefits shall be determined by subtracting from the benefits (including both contributions and monthly benefits and costs of living increases) the portion of those benefits payable in lieu of social security and then multiplying that resultant benefit by the marital coverture fraction, the numerator of which is the length of the marriage from date of marriage on 12/9/1982 to date of separation on 4/5/2003 and the denominator of which is the total years of credit service to date of retirement. b. Division of Non-Marital Portion of Retirement Benefits: The non- marital portion of the retirement benefits shall be Husband's sole - 8 - and separate property. C. Survivors Annuity: At Wife's election, Husband shall also elect to receive the benefits in the form of a joint survivors annuity, designating Wife as the joint survivor. If Wife so elects, Husband's share of the benefits shall not be reduce and shall be the same as if that election had not been made and as a result, the costs of that election shall be borne by wife by way of reduction of her share of the benefits. d. Beneficiary Election/Death Benefits: Should Wife predecease Husband, Wife shall be entitled to designate a beneficiary of her share of the retirement benefits. Should Husband predecease Wife, and if and to the extent the are death benefits payable, Wife shall be designated as the death beneficiary of 45% of the marital portion of those benefits determined by application of the marital coverture fraction as defined above. e. ADRO: The distribution to be made to Wife shalt be made to her on a deferred basis as permitted by the Plan and shall be made pursuant to a Approved Domestic: Relations Order ("ADRO") to be prepared by Harry Leister of Conrad Siegel, Inc., the costs of which shall be shared equally by the parties. G. Real Estate/Marital Home: The jointly owned real estate known and numbered as 1420 S. Mountain Road, Dillsburg, PA, ("the [teal Estate"), encumbered with a mortgage owed to Members 1", ("the Mortgage"'), shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Wife's attorney pending the refinance of the Mortgage, at which time the deed shall be recorded. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes -9- and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance/Assumption: Wife shall apply for refinancing/assumption of the Mortgage within thirty (30) days of the date of this Agreement and complete that refinance/assumption within sixty (60) days thereafter so as to release Husband from all further liability thereunder. The costs of refinance/ assumption shall be paid by Wife. If Wife does not obtain that refinance /assumption on her initial application, then she shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Husband from all further liability thereunder. 4. Sale: In the event Wife has not obtained the refinancing/assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the p artier further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to wife as her sole and separate property. H. Real Estate/Time Share: The jointly owned Virginia Beach time share property, ("the Time Share"), encumbered with a time share mortgage, (the "Time Share Mortgage") subject to the following: 1. Conveyance: Husband shalt prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Time Share. The deed of conveyance therefor shall be executed by Wife at the signing of this Agreement and held in escrow by Husband's attorney pending the refinance or full payment off the Time Share Mortgage, at which time the deed shall be recorded. 2. Liens Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Time Share Mortgage, real estate taxes and any other municipal liens. Husband shall hereafter be to- solely responsible for the payment of the Time Share Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Time Share, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing of the Time Share Mortgage within thirty (30) days of the date of this Agreement and complete that refinance within sixty (60) days thereafter so as to release Wife from all further liability thereunder. The costs of refinancing shall be paid by Husband. If Husband does not obtain that refinance/assumption on her initial application, then he shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Wife from all further liability thereunder. 4. Sale: In the event Husband has not obtained the refinancing/ assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shalt list the real estate for sale with a qualified time share broker and shall market and sell the Time Share, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as his sole and separate property. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: a. Bank One Visa (#3187) b. U.S. Air Visa (#7391) C. Member's 1'` Visa (#4857) d. Citibank MasterCard (#2117) e. Member's 1" PSL (#485) -11- f. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The fallowing miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution 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. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions -12- for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt: or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: 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. Non-Disclosed Liability: 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit 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. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT. APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right - 13 - and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL. AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support: Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony: Effective with the date the divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: 1. The alimony shall terminate upon the earlier occurrence of: (1) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. 2. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 3. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 3.03. CUSTODY. Legal Custody of the parties' minor s=children shalt be shared. Wife shall have primary physical custody of the minor children, and Husband shall have rights of partial physical custody of the minor children as the parties shall mutually agree. -14- 3.04. CHILD SUPPORT. Child support for the parties' minor children shall be governed by the existing support action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 3.05. HEALTH INSURANCE: The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Children: Any party currently carrying health insurance on the Children shall continue to provide health insurance coverage on each of them as long as the child remains eligible therefor and such coverage is available to him or her through employment at a reasonable cost. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the Children pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and - 15 - understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: C%*r (SEAL) WILLIAM T. WALTON Date: 146/ 0 \ I50? 7r? rzs. . ?X Jo? (SEAL) BARBARA L. WALTON Date: b? -16- COMMONWEAL H OF PENNSYLVANIA SS. COUNTY OF On this the dt day of 2005, before me the undersigned officer, personally appeared, WILLIAM T. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand and n Notarial seat Janet S. Gore, Notary Puble DGtsburg Boro, Yak county My caivnission Expires Ort. 25, 2,nr15 NO RY PU Member,F6nm*ania Asscc atlen OFtbbries My Comm' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the _?J day of 2005, before me the undersigned officer, personally appeared, BARBARA L. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand cUW notarial seal. My-E-dnmissi2dn Expires: -17- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Distribution to Wife Husband REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 1420 S Mt. Rd., Dillsburg, PA 17019 140,000 d RE-1 Members I" Mtg (122,706) RE-1 Est. Sales Cost 7% (4,900) d RE-1 Net Equity 12,394 RE-2 Virginia Beach Time Share 4,268 d RE-2 Time Share Mortgage (2,268) RE-2 Est. Sales Cost 7% (299) RE-2 Net Equity 1,701 MOTOR VEHICLES AND VEHICLE LIENS V-1 1999 Toyota Camry 8,400 d V-1 Members 1S1 (13,470) V-1 Net Equity (5,070) V-2 H's BMW 3 series 318i SDN 4,350 d V-2 Members I" loan (5,475) ? V-2 Net Equity (1,125) CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS A-1 Members I" Checking #3551 331 d A-1 Members 1" Savings #3551 643 yr A-2 H's Adams County Nat. Bank #7595 177 A-3 H's Members I" Checking #485 1,503 d A-3 H's Members 1" Savings. #485 363 RETIREMENT PLANS R-1 H's CSRS @ Age 62 184,355 55% of marital portion to Husband 45% of marital portion to Wife R-2 TSP Account 16,007 d R-2 TSP Loan #7009 (8,461) 1 -18- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Distribution to Wife Husband R-2 TSP Loan #8185 (3,766) 7 HOUSEHOLD GOODS, FURNISHINGS,' TOOLS, PERSONAL' EFFECTS ETC. HG-1 H's Personalty TBD HG-2 W's Personalty 2,000 d LOANS, CREDIT CARDS AND OTHER DEBTS' D-1 H's Bank One Visa #3187 (3,982) D-2 H's USAir Visa #7391 (1,291) D-3 H's Members 151 Visa #4857 (8,799) D-4 H's Citibank MasterCard #2117 (2,400) d D-5 H's Members 1" PSL #485 (6,143) d _19_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff V. BARBARA L. WALTON, Defendant NO. 03-4996 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Barbara L. Walton, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which endorsed Complaint was filed in the above captioned matter on September 19, 2003. Date: BARBARA L. WALTON 1420 South Mountain Road Dillsburg, PA 17019 L ? i V7 T.] ?_ [ y fi r+ .-i ?__ ?? fit {Y1 Y S ? "} { 1 C?3 71'1 1 s^ s ^_ t a Y.? tT ' i?} [.vi ._ L1 v . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 034996 CIVIL TERM V. CIVIL ACTION - LAW BARBARA L. WALTON, IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2003. 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 4904 relating to unsworn falsification to authorities. Dated: // 2/ of `N w WILUAM T. A , PLAINTIFF _, ? ? t= , - - `;=? ??:? =: ,_:,- ?, ?., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 034996 CIVIL TERM V. BARBARA L. WALTON, Defendant CIVIL ACTION - LAW IN DIVORCE SECTION 3301(c) OF THE DIVORCI; CODE 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: /A//,o f G ?- ?I ?.? r -a i cf' -1 -`'1 G {(1 `,3 n ? ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. CIVIL ACTION - LAW BARBARA L. WALTON, IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2003. 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 4904 relating to unsworn falsification to authorities. Dated:__ ?? " a m [??. ? BARBARA L. WALTON, DEFENDANT ,_? ?:_ - ? ., ;: ,,.. -: ?_, z ;, :; z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff NO. 03-4996 CIVIL TERM V. BARBARA L. WALTON, Defendant CIVIL ACTION - LAW IN DIVORCE I consent to the entry of a final decree in divorce without notice. 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. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 1S Pa.C.S. §4904 relating to unswom falsification to authorities. - L ? Dated: k 13 L) A WAL-1 ON, IMP ENDFANT r^ = ' i1 ( ?? 7 ? ..:J = i, r_::. =i .. 7 ?, 1.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WILLIAM T. WALTON Plaintiff N 0. 03-4996 VERSUS BARBARA L. WALTON Defendant DECREE 1N DIVORCE AND NOW, ) C>"S, IT IS ORDERED AND C DECREED THAT WILLIAM T. WALTON PLAINTIFF, AND BARBARA L. WALTON 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; AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the terms, provisions and conditions of a certain marital settlement agreement between the parties dated November 15, 2005, and attached hereto, are hereby incorporated in this Decree and Urder by reference as tuily as though the same were set forth herein at length. Said agreement shall not merge with, but shall s„rviva this Darraa and Order_ BY THE COURT: AT ST:Sc?t???4 J. PROTHONOTARY jj:3 -4?:31 , IIRW NJ -P??Ir?v3j - Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, NO. 03-4996 Plaintiff v BARBARA L. WALTON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ENFORCEMENT OF THE NOVEMBER 15, 2005 MARITAL AGREEMENT AND/OR PETITION FOR CONTEMPT ORDER AND/OR FOR PAYMENT OF ALIMONY THROUGH DOMESTIC RELATIONS Petitioner, Barbara L. Walton files the above referenced Petition and respectfully represents that: 1. Your Petitioner is Barbara L. Walton, the Defendant in the above captioned case and is hereinafter referred to as "Petitioner/Wife". 2. Your Respondent is William T. Walton, the Plaintiff in the above captioned divorce action, and is hereafter referred to as "Respondent/ Husband". 3. The parties were formerly husband and wife having been married on 12/9/1982 and divorced by decree entered in the above captioned case on December 28, 2005 (12/28/05). 4. As part of the dissolution of their marriage, the parties entered into a Marital Agreement dated November 15, 2005, hereinafter referred to as the "11/15/05 Marital Agreement". A true and correct copy of the 11 /15/05 Marital Agreement is attached hereto , marked Exhibit "A" and made a part hereof. 5. The 11 /15/05 Marital Agreement provides that it is to be incorporated into but not merged with the Divorce Decree. In any event, the 11 /15/05 Marital Agreement is enforceable as an order of court pursuant to the provisions of the Divorce Code. 6. Paragraph 3.02 of the 11 /15/05 Marital Agreement provides for the payment of alimony as follows: 3.02. ALIMONY, APL, AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: 7 Termination of ?pousal Support: Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. (Emphasis added) 2 Alimony: Effective with the date the divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: A. The alimony shall terminate upon the earlier occurrence of: (I) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. B. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 2 C. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 7. Between the date of the Divorce Decree entered on 12/28/05 and 7/27/06 Respondent/ Husband paid his alimony payments through Domestic Relations in the case docketed to Cumberland County No. 00489 5 2003, Pacses No. 322105520, although Domestic Relations credited them as spousal support as prior to the July 2006 support conference Domestic Relations had not been advised that the parties were divorced and has entered into the 11 /15/05 Marital Agreement. 8. On or about 7/27/06 following a conference on a petition to modify the child support amount, Domestic Relations provided the parties with a letter advising them that it would not collect and distribute the alimony because the 11 /15/05 Marital Agreement did not specifically state that the payments were to be made through Domestic Relations nor that Respondent/ Husband's wages were to be attached. As a result Domestic Relations entered an order terminating the spousal support amount and giving Respondent/ Husband credit for the over payment subsequent to the date of the divorce decree. A true and correct copy of the 7/27/06 Domestic Relations letter is attached hereto, marked Exhibit "B" and made a part hereof. A true and correct copy of the 7/27/06 Order terminating the spousal support is attached hereto, marked Exhibit "C" and made a part hereof. 9. It was the intent and correct interpretation of paragraph 3.02 of the 11 /15/05 Marital Agreement is that the payment of alimony is to be made through Domestic Relations. This intent is demonstrated by the language in paragraph 3.02 that the spousal support order be converted to an alimony order and any credit or arrears on the spousal support order transferred to the alimony order, as emphasized above. 10. Respondent/ Husband has breached and unreasonably refused to carry out the foregoing provisions of the Marital Agreement in that: A. Respondent/ Husband has not made payment of the alimony amounts since Domestic Relations stopped collecting the same. Therefore the alimony should be required to be paid through Domestic Relations. B. Respondent/ Husband refused to permit the alimony to be paid to and collected by Domestic Relations. 3 11. Paragraph 1.14 of the 11 /15/05 Marital Agreement provides for the assessment of attorney fees incurred or arising out of the breach of the agreement as follows: 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: 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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. (Emphasis Added) F. Petitioner/Wife has incurred and will continue to incur attorney's fees and costs as the result of, or arising out of, Respondent/ Husband's breach of thel 1 /15/05 Marital Agreement, which fees and costs are estimated will be approximately $ 1,500.00, and claim is made therefor. 4 G. Petitioner/Wife has demanded that Respondent/ Husband comply with the terms of the Marital Agreement aforesaid, and Respondent/ Husband continues to refuse and fail to comply with said terms. H. Respondent/ Husband's Attorney was previously requested to consent to the relief requested herein and refused to consent to the same. I. The only judges involved in this case or any companion Support case docketed to Cumberland County No. 00489 S 2003, Pacses No. 322105520 are as follows: A. The Honorable M.L. Ebert, Jr, entered the 7/27/06 Support Order in the support case. B. The Honorable J. Wesley Oler, Jr. entered the divorce decree. WHEREFORE, Petitioner/Wife respectfully requests this Honorable Court to enter an Order: 1. Enforcing the terms of the Marital Agreement requiring Respondent/ Husband to pay his alimony, including the immediate payment of all past due alimony amounts; 2. Attaching the wages of Respondent/ Husband for purposes of payment of the alimony; 3. Requiring the alimony to be paid under and subject to the following terms and conditions: A. Effective as of the date of Divorce Decree on 12/28/05, the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support No. 00489 S 2003, Pacses No. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Effective with the date the divorce decree, Respondent/ Husband shall pay Petitioner/Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: 5 (1) The alimony is to be paid by Respondent/ Husband to Petitioner/Wife through Domestic Relations of Cumberland County in the case docketed to Cumberland County No. 00489 S 2003, Pacses No. 322105520, or if not possible under the pacses system then through Cumberland County Domestic Relations under a new docket number to be established by that office. (2) All arrears arising between 7/27/06 and the date of this Order shall be immediately due and payable and shall be paid within thirty (30) days of determination of said amount by Domestic Relations. (3) Respondent/ Husband shall be given credit against the arrears for any payments on account of alimony made by him directly to the Petitioner/Wife between 7/27/06 and the date of this Order. (4) Husband's wages shall be attached to guaranty the payment. Until that attachment has been effectuated, Husband shall be responsible for making direct payments. (5) The alimony shall terminate upon the earlier occurrence of: (i) death of either party; (ii) Petitioner /Wife's cohabitation; (iii) Petitioner/Wife's remarriage; or (iv) Respondent/ Husband's retirement from civil service employment and the commencement of payment to Petitioner/Wife of her share of Respondent/ Husband's CSRS retirement benefits as provided herein. (6) The alimony shall be reported by Petitioner/Wife as income on her applicable income tax returns and deductible by Respondent/ Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Respondent/ Husband and Petitioner/Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. (7) The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent the parties' mutual written agreement. 6 4. Awarding Petitioner/Wife $1,500 in counsel fees and costs incurred in bringing this action and requiring Respondent/ Husband to pay those fees. 5. Finding Respondent/ Husband to be in contempt and issue the appropriate order pertaining thereto. 6. Issue attachment proceedings, directed to the Sheriff or other proper officer of the county, directing Respondent/ Husband be brought before the court at such time as the court shall direct and if the court finds that Respondent/Husband has willfully failed to comply with Respondent/ Husband's alimony obligation to Petitioner/Wife, to have the court declare Respondent/ Husband to be in civil contempt and in its discretion to make an appropriate order, including, but not limited to, commitment of Respondent/ Husband to prison for a period not to exceed six (6) months. a-t-to i III iuL uau amp ill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner/Wife, Barbara L. Dated: October 9. 2006 Walton 7 Respectfully submitted, VERIFICATION I verify that the statements made in the foregoing Petition 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. 1;'-') ??? ??, U?a? Barbara L. Walton Date: v ? ?i? --I - 8 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on served a true and correct copy of the foregoing Petition upon Respondent/ Husband's Attorney, Brian C. Linsenbach, Esquire, by mailing same by first class mail, postage prepaid, addressed as follows: Brian C. Linsenbach, Esquire Schrack Et Linsenbach 124 W. Harrisburg Street P.O. Box 310 Di llsbu rg, PA 17019 ANE G. DCLIFF, ESQUIRE indle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Barbara L. Walton -9- EXHIBIT "A" 11 /15/05 MARITAL AGREEMENT C s Lopy WILLIAM T. WALTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 03-4996 BARBARA L. WALTON, : CIVIL ACTION - LAW Defendant : IN DIVORCE MARITAL AGREEMENT BETWEEN WILLIAM T. WALTON AND BARBARA L. WALTON TABLE OF CONTENTS INTRODUCTION ................................................................ 1 SECTION I General Provisions ............................................................. 1 SECTION II Distribution of Property and Debts ........................................... 6 SECTION III Counsel Fees, Support, Alimony ........................................ 13 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARY .......................................................................... 16 EXHIBIT "A" Marital Distribution Schedule ................................................. 18 INTRODUCTION THIS AGREEMENT made this day of X05, by and between BARBARA L. WALTON, ("Wife") of 1420 S. Mountain Road, D lsburg, PA 17019, and WILLIAM T. WALTON, ("Husband") of 225 Maple Lane, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife. They were married on December 9, 1982 in Cumberland County, Pennsylvania, and separated on April 5, 2003. WHEREAS, The parties are the parents of three children: Jessica Walton, born April 28, 1985 (age 20), Jennifer Walton, born November 5, 1987, (age 17) and Jaycie Walton, born December 13, 1989, (age 15) (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives. 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; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. 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. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall timely withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. 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. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Brian C. Linsenbach, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. 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. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right 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 executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, 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. Claims Against Property or Estate: 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 -'I - acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: 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. 1.10. WAIVER OR MODIFICATION. 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. 1.11. MUTUAL COOPERATION. Each party shall, at anytime, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and -4- supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: 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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shalt provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. -5- Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION 11 DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide 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. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows, which distribution is also set forth on the Marital Estate Distribution Schedule attached hereto, marked Exhibit "A", and made a part -r, - hereof: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein together with the stack of bricks located at the marital residence. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: The 1999 Toyota Camry and the BMW 3181 sedan and any vehicle loans for the purchase of said vehicles, including, but not limited to the two Members 1St vehicle loans. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: The separation date balance in the Members 1St checking and savings account #3551. 2. To Husband: The separation date balances in the Adams County National Bank Account #7595 and the Members 1St checking and savings account #485. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: -7- I . To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRAAccount, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife has no retirement plans in her sole name. She is entitled to a portion of Husband's CSRS retirement plan as set forth in paragraph 2.02 B. below. 2. To Husband: Husband's retirement plan with CSRS shall be divided and distributed in accordance with the following terms: a. Division of Marital Portion of Benefits: Subject to the adjustment for survivors benefits costs as set forth in subparagraph 3 below, the marital portion of the CSRS retirement benefits shall be divided and distributed between the parties 55% to Husband and 459 to Wife. The marital portion of the benefits shall be determined by subtracting from the benefits (including both contributions and monthly benefits and costs of living increases) the portion of those benefits payable in lieu of social security and then multiplying that resultant benefit by the marital coverture fraction, the numerator of which is the length of the marriage from date of marriage on 12/9/1982 to date of separation on 4/5/2003 and the denominator of which is the total years of credit service to date of retirement. b. Division of Non-Marital Portion of Retirement Benefits: The non- marital portion of the retirement benefits shall be Husband's sole - R - and separate property. C. Survivors Annuity: At Wife's election, Husband shall also elect to receive the benefits in the form of a joint survivors annuity, designating Wife as the joint survivor. If Wife so elects, Husband's share of the benefits shall not be reduce and shall be the same as if that election had not been made and as a result, the costs of that election shall be borne by wife by way of reduction of her share of the benefits. d. Beneficiary Election/Death Benefits: Should Wife predecease Husband, Wife shall be entitled to designate a beneficiary of her share of the retirement benefits. Should Husband predecease Wife, and if and to the extent the are death benefits payable, Wife shall be designated as the death beneficiary of 45% of the marital portion of those benefits determined by application of the marital coverture fraction as defined above. e. ADRO: The distribution to be made to Wife shall be made to her on a deferred basis as permitted by the Plan and shall be made pursuant to a Approved Domestic Relations Order ("ADRO") to be prepared by Harry Leister of Conrad Siegel, Inc., the costs of which shall be shared equally by the parties. G. Real Estate/Marital Home: The jointly owned real estate known and numbered as 1420 S. Mountain Road, Dillsburg, PA, ("the Real Estate"), encumbered with a mortgage owed to Members V, ("the Mortgage"), shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Wife's attorney pending the refinance of the Mortgage, at which time the deed shall be recorded. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes -9- and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance/Assumption: Wife shall apply for refinancing/assumption of the Mortgage within thirty (30) days of the date of this Agreement and complete that refinance/ assumption within sixty (60) days thereafter so as to release Husband from all further liability thereunder. The costs of refinance/ assumption shall be paid by Wife. If Wife does not obtain that refinance/ assumption on her initial application, then she shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Husband from all further liability thereunder. 4. Sale: In the event Wife has not obtained the refinancing/ assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the p arties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to wife as her sole and separate property. H. Real Estate/Time Share: The jointly owned Virginia Beach time share property, ("the Time Share"), encumbered with a time share mortgage, (the "Time Share Mortgage") subject to the following: 1. Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Time Share. The deed of conveyance therefor shall be executed by Wife at the signing of this Agreement and held in escrow by Husband's attorney pending the refinance or full payment off the Time Share Mortgage, at which time the deed shall be recorded. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Time Share Mortgage, real estate taxes and any other municipal liens. Husband shall hereafter be -10- solely responsible for the payment of the Time Share Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Time Share, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing of the Time Share Mortgage within thirty (30) days of the date of this Agreement and complete that refinance within sixty (60) days thereafter so as to release Wife from all further liability thereunder. The costs of refinancing shall be paid by Husband. If Husband does not obtain that refinance/ assumption on her initial application, then he shall reapply for that refinancing/assumption when the parties' youngest child reaches age 18 and shall compete settlement thereon within sixty (60) days thereafter so as to release Wife from all further liability thereunder. 4. Sale: In the event Husband has not obtained the refinancing/ assumption within the time periods set forth in subparagraph 2.02.G.3., the parties shall list the real estate for sale with a qualified time share broker and shall market and sell the Time Share, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as his sole and separate property. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: a. Bank One Visa (#3187) b. U.S. Air Visa (#7391) C. Member's 1St Visa (#4857) d. Citibank MasterCard (#2117) e. Member's 1" PSL (#485) - 11 - f. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution 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. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions -12- for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: 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. I. Non-Disclosed Liability: 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit 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. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right 1 Z and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL, AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support: Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action NO. 00489 S 2003, PACSES NO. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony: Effective with the date the divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: 1. The alimony shall terminate upon the earlier occurrence of: (1) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. 2. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 3. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 3.03. CUSTODY. Legal Custody of the parties' minor s=children shall be shared. Wife shall have primary physical custody of the minor children, and Husband shall have rights of partial physical custody of the minor children as the parties shall mutually agree. 7A 3.04. CHILD SUPPORT. Child support for the parties' minor children shall be governed by the existing support action docketed to Cumberland County Support Action NO. 00489 S 2003, PAGES NO. 322105520 3.05. HEALTH INSURANCE: The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Children: Any party currently carrying health insurance on the Children shall continue to provide health insurance coverage on each of them as long as the child remains eligible therefor and such coverage is available to him or her through employment at a reasonable cost. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the Children pursuant to the terms of this Paragraph shall be required to provide the other party with alt documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but at( of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and - 15 - understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) WILLIAM T. WALTON Date: (SEAL) BARBARA L. WALTON Date: ! -16- COMMONWEALTP OF PENNSYLVANIA SS. COUNTY OF On this the 14ay of "4&, 2005, before me the undersigned officer, personally appeared, WILLIAM T. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial sefil. Notarial Seal Janet S. Gore, Notary Pubt Diilsburg 60ro, York County EM y C ommi ssion Expires W. 25, 2006 Member. iennsytvania a Association O Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND / NOTARKJ?U My Commissi n Ex res: : SS. On this the 15 day of 2005, before me the undersigned officer, personally appeared, BARBARA L. WALTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto unto set my hand and notarial seal. (?OTARk't BLIC My Commission Expires: iJ -17- EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Husband Distribution to Wife REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 1420 S. Mt. Rd., Dillsburg, PA 17019 140,000 RE-1 Members 1s1 Mtg (122,706) RE-1 Est. Sales Cost 7% (4,900) RE-1 Net Equity 12,394 RE-2 Virginia Beach Time Share 4,268 RE-2 Time Share Mortgage (2,268) RE-2 Est. Sales Cost 7% (299) RE-2 Net Equity 1,701 001/ LESAND VEHICLE LIENS MOTOR?VEHIC V-1 1999 Toyota Camry 8,400 V-1 Member's 1" (13,470) V-1 Net Equity (5,070) V-2 H's BMW 3 series 3181 SDN 4,350 V-2 Members 1" loan (5,475) V2 Net Equity (1,125) CASH, CHECKING:ACCOUNTS AND. SAVINGS ACCOUNTS A-1 Members 15` Checking #3551 331 1 A-1 Members 1" Savings #3551 643 A-2 H's Adams County Nat. Bank #7595 177 A-3 H's Members 1" Checking #485 1,503 ,l A-3 H's Members 1" Savings. #485 363 RETIREMENT PLANS R-1 H's CSRS @ Age 62 184,355 55% of marital 45% of marital portion to Husband portion to Wife R-2 TSP Account 16,007 R-2 FTSP Loan #7009 (8,461) - 18 - EXHIBIT "'A" MARITAL ESTATE DISTRIBUTION SCHEDULE No. Description Est. Value Distribution to Husband Distribution to Wife R-2 TSP Loan #8185 (3,766) HOUSEHOLD'GOODS,'FURNISHINGS, TOOL`S, PERSONAE: EFFECTS'ETC. HG-1 H's Personalty TBD HG-2 W's Personalty 2,000 , LOANS, CREDIT CARDS AND OTHER DEBTS'-,,' D-1 H's Bank One Visa #3187 (3,982) D-2 H's US Air Visa #7391 (1,291) D-3 H's Members 1" Visa #4857 (8,799) ? D-4 H's Citibank MasterCard #2117 (2,400) D-5 H's Members 1" PSL #485 (6,143) -19- EXHIBIT "B" 7/27/06 DOMESTIC RELATIONS LETTER In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 DIANE G. RADCLIFF, 3448 TRINDLE ROAD CAMP HILL, PA 1701 ESQUIRE JULY 27, 2006 Plaintiff Name: BARBARA L. WALTON Defendant Name: WILLIAM T. WALTON Docket Number: 00489 S 2003 PACSES Case Number: 3221.05-520 Other State ID Number: Fax: (717) 240-6248 Please note: All correspondence must include the PACSES Case Number. Case Status Dear DIANE G. RADCLIFF, ESQUIRE In an effort to keep you informed concerning the progress of the above case the following information is provided: DRO IS IN RECEIPT OF THE PARTIES` AGREEMENT FOR AN ALIMONY AWARD, HOWEVER THERE IS NO PROVISION FOR THE ALIMONY TO BE ADMINISTERED THROUGH THE DOMESTIC RELATIONS SECTION AND PAYABLE THROUGH SCDU, AND IF THERE IS TO BE A WAGE WITHHOLDING ORDER FOR THE ALIMONY PAYMENTS. DRO WILL ESTABLISH AN ALIMONY ACCOUNT WHEN AN ADDENDUM TO THE AGREEMENT IS RECEIVED GIVING THE DOMESTIC RELATIONS SECTION THE AUTHORITY FOR THE ABOVE. BRIAN C. LINSENBACH, ESQ Service Type m 1 e ly, IR. J. HAD A orm EN-545 v1 Worker ID 21005 EXHIBIT "C" 7/27/07 SPOUSAL SUPPORT TERMINATION ORDER n In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BARBARA L. WALTON ) Docket Number 0 0 4 8 9 S 2003 Plaintiff ) vs. ) PALS ES Case Number 322105520 WILLIAM T. WALTON ) Defendant ) Other State ID Number d-,Ik --1 _- AND NOW to wit, this JULY 27, 2006 it is hereby Ordered that: EFFECTIVE 12/28/05, THE SPOUSAL SUPPORT IS TERMINATED. THERE IS A CREDIT IN THE AMOUNT OF $2,077.19. SAID CREDIT SHALL BE HELD IN ABEYANCE AND APPLIED TO THE ALIMONY CASE WHEN THE APPROPRIATE PAPERWORK IS RECEIVED IN THE DOMESTIC RELATIONS OFFICE. N 0 Q3rn C- F x?o -1 o ? rn r n -+ o -<:: W cn O BY THE COURT: ` JUDGE Form OE-520 Service Type M Worker ID 21105 r-? C? c ?..... F;'? -? f .. E ? ?t t_ ?:i ??? ?_ ??? Ct jw_.? ?t r-? :< . ?. ,?;, T % Rl ?_ Ac' H A??` VG' ii???Ct ?Y p$a OOT 1 7 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, Plaintiff v BARBARA L. WALTON, Defendant NO. 03-4996 CIVIL ACTION - LAW IN DIVORCE RULE RE: PETITION FOR ENFORCEMENT OF THE NOVEMBER 15. 2005 MARITAL AGREEMENT AND/OR PETITION FOR CONTEMPT ORDER AND/OR FOR PAYMENT OF ALIMONY THROUGH DOMESTIC RELATIONS AND NOW, this ?V'day of 0 d , 2006 upon consideration of the within Petition, it is hereby ordered that a Rule is issued-upon the Respondent, William T. Walton, to show cause why the Petitioner, Barbara L. Walton, is not entitled to the relief requested in the within Petition. The Rule is returnable at a hearing to be held in this Petition scheduled on the day of , 2006 at -?- o'clock _41-m. in Courtroom of the Cumb re land County ourthouse, Carlisle, Pennsylvania. BY THE COURT: Distribution to: E Attorney for Petitionerane G. Radcliff, Esq., 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Respondent: Xian C. Linsenbach, Esquire, 124 W. Harrisburg Street, P.O. Box 310, Dillsburg, PA 17019 A ??G?a? ?.. ?? cY-s ? _ ? u? ? r t? y . 4-? ?=4' ..?.. ? = ?, , t"µl C_. ? ' c?,? u? _, / - ? c? t-?.t 0 r WILLIAM T. WALTON, Plaintiff v BARBARA L. WALTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4996 CIVIL ACTION - LAW IN DIVORCE Addendum to Marital Agreement dated November 15, 2005 This Addendum to the parties' Marital Agreement dated November 15, 2005, made this ?ay of December, 2006, by and between BARBARA L. WALTON, ("Wife") of 1420 S. Mountain Road, Dillsburg, PA 17019, and WILLIAM T. WALTON, ("Husband") of 225 Maple Lane, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties entered into a Marital Agreement dated November 15, 2005, which provided in part for the termination of the spousal support order and conversion thereof into an alimony order as of the date of the divorce decree entered between the parties (12/28/2005); and, WHEREAS, it was the intent of the parties that alimony would be paid through Domestic Relations by wage attachment; and WHEREAS, despite said intent since the Marital Agreement dated November 15, 2005 does not specifically require said payment to be paid through Domestic Relations, Cumberland County Domestic Relations is refusing collect and disburse said alimony payments; and, WHEREAS, the parties desire to amend their agreement to provide for the payment of Husband's alimony obligation through Domestic Relations. NOW THEREFORE, in consideration of the premises and mutual promises herein set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby agree as follows: 1. Paragraph 3.02 of the November 15, 2006 Marital Agreement shall and is hereby modified to read as follows: - 1 - A 3.02. ALIMONY, APL, AND SUPPORT. Except as hereinafter provided, the parties 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 and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support: Effective as of the December 28, 2005 Divorce Decree the order for spousal support entered in the Cumberland County Support Action docketed to Cumberland County Support Action No. 00489 S 2003, PACSES No. 322105520 shall terminate and be converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony: Effective with the December 28, 2005 divorce decree, Husband shall pay Wife alimony in the amount of $479.72 per month, which amount shall be prorated for any partial month under and subject to the following terms and conditions: 1. The alimony is to be paid by Husband to Wife through Domestic Relations of Cumberland County. Husband's wages shall be attached therefor. 2. The effective Date of the alimony shall be December 28, 2005. 3. Husband shall receive credit against his alimony order obligation in arrears in the amount of $1,918.88 representing the payments covering the months of August through November, 2006. 4. Husband shall pay the $479.72 payment for the month of December, 2006 directly to Wife. Upon said payment Husband shall receive credit against his alimony order obligation arrears for said amount. 5. The first payment to Domestic Relations shall be for the month of January and shall be due on January 2, 2007. 6. The alimony shall be paid monthly 7. The alimony obligation shall terminate upon the earlier occurrence of: (i) Death of either party; (ii) Wife's cohabitation; (iii) wife's remarriage; or (iv) husband's retirement from civil service employment and the commencement of payment to Wife of her share of husband's CSRS retirement benefits as provided herein. -2- ? A Iw 7. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 8. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 2. In all other respects the parties hereby reaffirm the November 15, 2006 Marital Agreement except on any except to the extent modified herein. Any conflict between the November 15, 2005 Marital Agreement and this Addendum shall be governed by the terms of this Addendum. 3. The terms of this Agreement are and shall be incorporated into, but not merged with the divorce decree entered between the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year below written. WITNESS: (SEAL) WILLIAM T. WALTON Dated: 12--2-7B0 Y9- (SEAL) BARBARA L. WALTON Dated: 1a ` a'K -(Y, - 3 - N ? N " ? 5**2/07977 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 03- 4q9& Cf 1//L State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/03/07 Case Number (See Addendum for case summary) 32*2 05520 `f89 S 203 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number RE: WALTON, WILLIAM T. Employee/Obligor's Name (Last, First, MI) 182-46-4889 Employee/Obligor's Social Security Number DFAS CLEVELAND CENTER* 8846101164 C/O DFAS CODE L Employee/Obligor's Case Identifier GARNISHMENT OPS (See Addendum for plaintiff names PO BOX 9 9 8 0 0 2 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 299.72 per month in current support $ o. o0 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 299.72 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 299.94 per weekly pay period. $ 599.87 per biweekly pay period (every two weeks). $ 649.86 per semimonthly pay period (twice a month). $ 1, 299.72 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE C°NR,,T: JAN 0 4 ',` 100 Date of Order. Form EN-028 Rev. Service Type M OMB No.: 0970-0154 Worker ID $IATT It ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke l you are required to provide aapy of this form to your m loyee. If yoyr employee orks in a state that is di Brent rom the state that issued this or er, a copy must be provigedoto your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. payclatemate u! WIM1101diler, IS the date on WhiCh dinount was Withheld from the employee's .- You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: WALTON, WILLIAM T. EMPLOYEE'S CASE IDENTIFIER: 8846101164 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT f. ? ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WALTON, WILLIAM T. PACKS Case Number 322105520 Plaintiff Name BARBARA L. WALTON Docket Attachment Amount 00489 S 2003 $ 820.00 Child(ren)'s Name(s): DOB JAYCIE HOWE WALTON 1213/89 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACKS Case Number 542108877 Plaintiff Name BARBARA L. WALTON Docket Attachment Amount 03-4996 CIVIL$ 479.72 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB ............ ....I ,;;: ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB . ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ra Q -n ` c c r r rn rr? ', ?a• 33 X Z ,T F" _ "LJ = (tea IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. WALTON, NO. 03-4996 Plaintiff CIVIL ACTION - LAW v IN DIVORCE BARBARA L. WALTON, Defendant PRAECIPE RE: PETITION FOR ENFORCEMENT OF THE NOVEMBER 15, 2005 MARITAL AGREEMENT AND/OR PETITION FOR CONTEMPT ORDER AND/OR FOR PAYMENT OF ALIMONY THROUGH DOMESTIC RELATIONS TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the above referenced Petition for Enforcement and/or Contempt. The issues raised in that Petition have been resolved by an addendum to the parties' marital agreement and payments of the alimony are bing made through Domestic Relations. Therefore, there is no further action needed. Respectfully submitted, ? N4, c-- DYNE-G DCLIFF, ES UIRE Tri dt6 Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant, Barbara L. Walton i_ Po .F c Aw WILLIAM T. WALTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BARBARA L. WALTON, : Defendant NO. 03-4996 CIVIL TERM IN RE: PETITION FOR ENFORCEMENT OF THE NOVEMBER 15, 2005 MARITAL AGREEMENT AND/OR PETITION FOR CONTEMPT ORDER AND/OR FOR PAYMENT OF ALIMONY THROUGH DOMESTIC RELATIONS ORDER OF COURT AND NOW, this 9?h day of February, 2007, upon consideration of the attached letter from Diane G. Radcliff, Esq., attorney for Defendant, the hearing previously scheduled for February 21, 2007, is cancelled. BY THE COURT, /an C. Linsenbach, Esq. 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019 Attorney for Plaintiff ,/iane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc VINVAIASNI N3d A,1..Nancx', ,47,mo 95 :11 WV Z ! 93J LOOZ AbViQ O'i.0. vd 31N1 O 101±410-0311A { .?, DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net February 8, 2007 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: William T. Walton vs. Barbara L. Walton Cumberland County Divorce Action No. 03-4996 Dear Judge Oler: I have the pleasure of advising you that the parties have amicably resolved all of the issues raised in my Petition for Enforcement previously scheduled for a hearing before you on February 21, 2007 at 1:30 pm. As a result I filed a Praecipe withdrawing my Petition with the Prothonotary on January 29, 2007, a copy of which is enclosed. Therefore, I would appreciate it if you would cancel the above referenced February 21 st hearing. Thank you for your attention to this matter. Very truly yours DI CLIFF, ESQUIRE DGR/dr Enclosure(s): Praecipe Transmitted by mail cc: Brian C. Linsenbach, Esquire Barbara L. Walton Fi le t ' li ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 12/13/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS-HGA/CL GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 O Original Order/Notice 542108877 O Amended Order/Notice 03-4996 CIVIL O Terminate Order/Notice RE:WALTON, WILLIAM T. Employee/Obligor's Name (Last, First, M) 182-46-4889 Employee/Obligor's Social Security Number 8846101164 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 479.72 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 479 , 72 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 110.701 per weekly pay period. $ 221.41 per biweekly pay period (every two weeks). $ 239.86 per semimonthly pay period (twice a month). $ 479.72 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DEC 17 2007 DRO: R. J. SHADDAY Service Type M BY THE COURT: N -L U-4A M.L. EBERT, JR., JUEUE Form EN-028 Rev. 1 OMB No.: 0970-0154 Worker ID $IATT 12•s 26 `V 221- 41 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke?l you are required to provide aopy of t is form to your3mplo yee. If youremployee works in a state that is di Brent frrom the state that issued this o er, a copy must be provi edd to our employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeetobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the PaydateiDate of Withholding. You must epoit the paydate/date of withholdingwhen Sending the paymev it. paydate/date of withholding iso the date on which amoui it was withheld from the employee's vvages-. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: WALTON, WILLIAM T. EMPLOYEE'S CASE IDENTIFIER: 8846101164 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WALTON, WILLIAM T. PACSES Case Number 542108877 Plaintiff Name BARBARA L. WALTON Docket Attachment Amount 03-4996 CIVIL$ 479.72 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT C) -TV rr r r' AM F -- 'O «,.J T ' FY1 s • In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BARBARA L. WALTON ) Docket Number 03-4996 CIVIL Plaintiff ) Vs. ) PACSES Case Number 542108877 WILLIAM T. WALTON ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of WILLIAM T. WALTON respectfully represents that on JANUARY 3, 2007 , an Order of Court was entered for the support of BARBARA L. WALTON A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 21502 WALTON V. WALTON PACSES Case Number: 542108877 X 2. Petitioner is entitled to 0 increase 0 decrease 0 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: 97x atro (zr"M tLV6J e,>.? PEG IIi 2D°$ WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. !L-/$- z "s Date Petitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21502 L` !" r_? `_i't c?°> :.aa -- ti 4`"a ?.., ...c.y .:?. ?. v `I.; .... ...Z,,. ??+ a ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 03-4996 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 12/30/08 (D O Terminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DFAS NAVY ACTIVE DUTY RE:WALTON, WILLIAM T. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 182-46-4889 Employee/Obligor's Social Security Number 8846101164 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes (g) no $ o.0o per month in current medical support $ o.-00 per month in past-due medical support $ o. oo per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 0 . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period $ (twice o . 00 per biweekly pay period (every two weeks). $ o . oo permonthly m pay p ay p eriod. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifheckefi you are required to provide ajopy of this form to your m loyee. If your employee?yorks in a state that is di erent rom the state that issued this o er, a copy must be provi3edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydateldate of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3499900000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: WALTON, WILLIAM T. EMPLOYEE'S CASE IDENTIFIER: 8846101164 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee'slobligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Service Type M OMS No.: 0970-0154 Worker ID $IATT 4 -7 ADDENDUM Summary of Cases on Attachment Defendant/obligor: WALTON, WILLIAM T. PACSES Case Number 542108877 Plaintiff Name BARBARA L. WALTON Docket Attachment Amount 03-4996 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-428 Worker I D $ IATT r-4 r°, c. ? `_ ..:: _? c.... ?,- ???._ rr:> `" ?;;? .w a x.? « • Sy .. ?.? " .?• . ?y l S. WILLIAM T. WALTON, Plaintiff/Respondent VS. BARBARA L. WALTON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-4996 CIVIL TERM IN DIVORCE PACSES CASE: 542108877 ORDER OF COURT AND NOW to wit, this 29th day of December 2008, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter, effective December 11, 2008, pursuant to the Petitioner's remarriage on or about December 11, 2008. The Alimony account is closed with a credit of $211.31. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Brian C. Lisenbach, Esq. Diane G. Radcliff, Esq. Form OE-001 Service Type: M Worker: 21005 ?"?, , ,a 4..??. -«_..1 '?.[? ? i i A? ?? ?LL#V ?i?rµ?? ?Fwr 1) INNiIVAL William T. Walton IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Barbara L. Walton (n/k/a Barbara L. Bover) NO. 03-4996 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Employee. It is intended to constitute a Court Order Acceptable for Processing ("COAP") under final regulations issued by the United States Office of Personnel Management ("OPM"). This DRO applies to the Civil Service Retirement System ("CSRS") and any successor thereto. The court has considered the requirement's and standard terminology in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this Order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania and in accordance with Part 838 of Title 5, Code of Federal Regulations. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. William T. Walton ("Employee") is a Member of CSRS. Barbara L. Walton (n/k./a Barbara L. Boyer) ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Employee's name, mailing address, Social Security number and date of birth are: William T. Walton 225 Maple Lane Mechanicsburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Barbara L. Walton (n/k/a Barbara L. Boyer) 797 Pine Hill Road Duncannon, PA 17020 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the OPM at all times. 7. The Employee is receiving retirement benefits under the CSRS based on his employment with the United State Government. The Alternate Payee is entitled to a portion of the Employee's monthly annuity under the CSRS as set forth below. 8. This DRO assigns to Alternate Payee 23.0% of the Employee's self-only monthly annuity payable by the CSRS. When Cost-of-Living Adjustments ("COLA") are applied to Employee's retirement benefits, the same COLA shall apply to the Alternate Payee's share. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. Payments to Alternate Payee shall commence as soon as administratively possible following the entry of this DRO with OPM. Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Employee's lifetime. If the Alternate Payee dies before the Employee, the Alternate Payee's share of the Employee's annuity shall be paid to the Alternate Payee's estate for the remaining lifetime of the Employee. 11. The Alternate Payee is not awarded a former spouse survivor annuity under Section 8341(h)(1) of Title 5, United States Code, since the Employee did not elect a survivor annuity upon his retirement. 12. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Employee. The Alternate Payee is not entitled to any benefit not otherwise provided by the CSRS. The Alternate Payee is only entitled to the specific benefits offered by the CSRS as provided in this Order. All other rights, privileges and options offered by the CSRS not granted to Alternate Payee are preserved for the Employee. 13. The OPM shall issue individual tax forms to the Employee and Alternate Payee for amounts paid to each such person. 14. In the event that OPM inadvertently pays to the Employee any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Employee shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event OPM inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Employee to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Employee within ten (10) days of receipt. 15. If Employee takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Employee. it, 16. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the CSRS to provide any form of benefit or any option not otherwise provided by the CSRS, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. th I Accepted and Ordered this day of 1 , 101i BY THE COURT Judge CONSENT TO ORDER: Plaintiff/ Employee D to 9-,, 2 l ? 1 I Defendant / Alternate P e a e A to ney r P 'ntiff/ Date E oye/ Ovp;es w?a. l ed al?sf >> Ai q C -77--/. ? ?i A orn for de)bndant / at Alternate Payee C'7 na r°